Originally Posted by Huinesoron
All this talk of defense and murder got my mind running down certain pathways, and I just had to. So... this got a little long, I'm afraid.
~
The Trial of Tuor of Gondolin (House of the Wing)
For the Defense: Pengolodh of Gondolin (House of the Harp)
For the Prosecution: Urwen of Gondolin (House of the Mole)
Presiding: Cirdan, Lord of Balar, Steward to the High King
~~~~~
Charge the First: That in wedding Idril, and siring on her the child Earendil, Tuor did defy the laws of nature in joining the Elder and Younger children.
Witness for the prosecution - Celebrimbor of Nargothrond: The Eldar and the Edain were set apart even from the beginning; their fates in death are different. Yet, seeing as the marriage of the Eldar is deemed to last until the Last Days, saving that one partner choose to remain forever in the Halls of Awaiting, it is unright that a union should be formed that must needs be broken, all unwilling, on the death of the mortal spouse.
Witness for the defense - Elwing of Doriath: The Powers of Arda have expressed approval of such a union: that of Luthien of Doriath to Beren of Dorthonion. We may not suppose that the unique resolution of their case will by necessity be repeated; yet still we may presume that their acceptance applies to all such cases.
Judgement of Cirdan: Not guilty; the precedent applies.
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Charge the Second: That in wedding Idril, Tuor did usurp the right of Maeglin, his elder in years and superior in the laws of the city, to her hand.
Witness for the prosecution - Eglamoth of Gondolin (House of the Heavenly Arch): Maeglin many a time presented his suit to Turgon the king, nor at any time was he told that he was forbidden further to pursue the hand of Idril.
Witness for the defense: Pengolodh of Gondolin: It has never been true that the hand of a maiden of the Noldor, even one of noble birth, lies with her father; the Eldar wed for love, not for rank and power. Nor has it ever been shown that two suitors may not compete for the same bride. Further, the wedding of Maeglin and Idril would have bound cousins of the first degree, which by long custom is forbidden among the Eldar.
Judgement of Cirdan: Not guilty; if there is fault, it lies in Turgon not informing Maeglin of the relevant custom forbidding the union.
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Charge the Third: That in delving in secret a tunnel from the city of Gondolin towards the Cleft of Eagles, Tuor did defy the will of the High King, who forbade preparations for escape; and further, that in doing so without the aid of the House of the Mole, he did usurp the rights of Maeglin the Prince.
Witness for the prosecution - Idril of Gondolin (House of the King): It is true that the delvings were carried out in secret, to hide them from the eyes of Turgon and Maeglin both; and this was done by my advice.
Witness for the defense - Voronwe of Gondolin (House of the Wing): Tuor was sent to Gondolin by the Vala Ulmo, and charged with the preservation of its people against the wrack of Melkor; such charge from the Powers of Arda does override the command of the High King. The instruction to keep the delvings secret from Maeglin were given by Idril in her capacity as Seer, and it is presumed that such gifts of Foresight as she possesses are granted by said Powers. Indeed, such was shown when Turgon himself, led by vision from Ulmo, did remove himself from the authority of the High King his father, and prepare in secret the very city Gondolin.
Judgement of Cirdan: Not guilty; the precedent of Turgon applies.
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Charge the Fourth: That in gathering about himself a body of armed men, and marking them with his symbol, Tuor did usurp the right of the king to determine the bearing of arms; and that in instructing the people of that city to obey Tuor should Turgon be slain, he did usurp the rights of Maeglin the Prince.
Witness for the prosecution - Enerdhil of Gondolin (House of the Hammer of Wrath): All the Houses of Gondolin were named as such by the king; and upon the slaying of his parents, Maeglin was proclaimed a Prince of the blood, and presumed by all to be King's Heir in Gondolin.
Witness for the defense - Hendor of Gondolin (House of the King): The assent of Turgon was sought before ever the House of the Wing was assembled, and under his command were they drawn up to the defense of the city alongside the other houses; and in the attempted slaying of Earendil, Maeglin did forefeit his rights as a prince.
Judgement of Cirdan: Not guilty to the first part, by assent of Turgon. Guilty to the second part, for Maeglin's treachery had not yet become known; however, inasmuch as the visions of Idril forewarned of danger at Maeglin's hand, no sentence to be passed upon Tuor.
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Charge the Fifth: That in assailing Maeglin during the battle in Gondolin, Tuor did unlawfully turn his hand against an ally and superior during a time of war; and that this does constitute treason against the City of Gondolin.
Witness for the prosecution - Urwen of Gondolin: As previously shown, Maeglin was proclaimed Prince of Gondolin. Those who hold command may ofttimes undertake actions which seem foolhardy or controversial to their followers, as Fingon's rescue of Maedhros, Finrod's stealth mission to Tol-in-Gaurhoth, &c. By attacking Maeglin when he had not openly disavowed his title as Prince, Tuor did act unlawfully and treacherously.
Witness for the defense - Galadriel of Doriath: Seldom do the Free Peoples war against each other or purpose to harm each other; yet when they do so it is the duty of all to stand against them. The Teleri of Alqualonde are lauded for their defense against House Feanor; the Leap of Beren Erchamion against Curufin is renowned; and the defense of Thingol against the treachery of Nogrod, though futile, is deemed righteous. In the same way, the assault of Maeglin upon Idril and Earendil must be viewed as forfeiture of his loyalty to them and to the city; and in that light was Tuor not only entitled but duty-bound to intervene on their behalf.
Judgement of Cirdan: Not guilty; all have the duty to protect innocents against kinslayers.
~~~~~
Charge the Sixth: That in casting Maeglin from the walls of Gondolin, Tuor did unfairly condemn him to death, this constituting murder most unlawful.
Witness for the prosecution - Galdor of Gondolin (House of the Tree): The right of life and death to the people of Gondolin lies in the hands of the king, except where appointed otherwise by him. So too, in Gondolin as elsewhere, the law that surrender offered by even the worst of enemies must be accepted. As it is told that Maeglin's arm was broken ere he was cast over the walls, it might be presumed that he would have given his surrender if offered the chance.
Witness for the defence - Tuor of Gondolin: In war a warrior must needs attempt to slay his foe; this has been so since the First Battle, when Denethor of the Nandor did fight to the death against the creatures of Morgoth. So too, though Maeglin had been disarmed of his dagger, he bore still the black sword Anguirel at his side; and, knowing the hardiness of the Elves, I had no cause to believe that a simple break of one arm would lead to his surrender. Recalling that I, a mortal Man, was far weaker in bodily strength than an Elda, I must needs end the battle swiftly, to ensure the protection of my house, as has been granted in the previous judgement. To withdraw would be to allow Maeglin space to draw his blade; yet in his imbalance I had a fleeting opportunity to lift him from his feet. How, then, might I use this advantage to render him unable to assault us further? With the disparity in our strength and hardiness known, there was but one way: to cast him over the edge, even as he had sought to do to Earendil.
Judgement of Cirdan: Seeing as the combat itself has been deemed lawful, the death of one participant cannot be considered murder. The battle began at the instigation of Maeglin; it therefore behooved Tuor to bring it to an end by whatever means he might.
All charges having been heard, the trial was adjourned.
~~~~~
I apologise for taking you name in vain, Urwen; I needed a Maeglin partisan to present the case, and there kind of aren't any named. A name for the Maia of the Sun seems not inappropriate for a non-combatant member of the House of the Mole.
Obviously no such trial took place, and I'm pretty sure Galadriel, at least, was elsewhere at the time. But if it had, I think this is about how it would have shaken out.
The early charges were added by me - they're valid ones to make, even if Cirdan deems Tuor not guilty. I also didn't manage to work into Galadriel's rant the fact that Tuor was also considered a Prince of Gondolin, and so co-equal with Maeglin, rather than his inferior; she had another point she wanted to make.
hS
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