A curious trial by battle took place in 626. Queen Gundeberge, the consort of Rharvald King of Lombardy, as much admired for her beauty and talents as her unimpeachable virtue, had thought it expedient to drive from her court a certain gossiping slanderous fellow of the name of Adalulf, who, it appears, had presumed to make some base proposal to her majesty. Adalulf forthwith, in a fit of revenge, hastened to the King, and informed him that the sharer of his bed had entered into a plot to poison him, and to marry the Duke Tason her paramour. The indignant Rharvald, without further inquiry, banishes the accused from his presence, and immures her in a castle, although she was nearly related to the Kings of the Francs. An emissary of Clotaire, however, indignant at the usage the Queen had received, urged the monarch to order a judicial contest; and Adalulf was therefore commanded to prepare himself to meet a cousin of the unfortunate Queen, of the name of Pithon, who having cut Adalulf’s throat, the innocence of Gundeberge was made manifest, to the entire satisfaction not only of her royal husband, but of all the gossips of the court of Burgundy. It was in consequence of this favourable and satisfactory result, that Grunvalt, in 668, made some alteration in the laws, by which it was enacted that ladies placed in a similar situation should enjoy the faculty of selecting their own champions.
Brantôme relates a case somewhat similar. Ingelgerius, Count of Gastonois, having been found dead one morning by the side of his wife, a relation of his, named Gontran, not only accused her of murder, but of adultery, offering to substantiate the accusation in person. No one coming forward to defend the afflicted lady, the young Count of Anjou, Ingelgerius, her godson, to whom she had very kindly given her husband’s name, presented himself. The youth, who was only in his sixteenth year, was as anxious to defend his godmother as Cherubino could have been to defend the Countess Almaviva; and having very properly and devoutly attended mass, recommended himself to the Divine protection, distributed alms, and secured himself by carrying with him the symbol of the cross, he hastened to the lists, where he found his antagonist prepared to receive him. The countess having duly sworn both parties, the combatants rushed upon each other. The onset of Gontran was so fierce that his lance bent in the breast-plate of the youthful hero, who forthwith, no ways discouraged by the shock, ran his own through his antagonist’s body: the conqueror nimbly jumped off his horse, and most dexterously severed the slanderer’s head from his base body, and laid it at the feet of his sovereign. It is needless to add, that, the countess’s innocence being thus made manifest, she fondly embraced her liberator, who, on the following day, was promoted to high titles and estates.
The rules and regulations were not only frequently drawn out by the clergy, but ecclesiastics themselves were not always exempted from liability to a trial by battle. Thus we see in the charter of the abbey of St. Maur des Fossés, granted by Louis le Gros, that they possessed bellandi et certificandi licentiam.
It is recorded, in the annals of St. Bertin, that the superior of his abbey in the village of Caumont near Hesdin had to defend certain rights in the field: the abbot of St. Bertin did not make his appearance; but two snow-white doves appeared coming from the Saint himself, and were seen hovering and fluttering over the field. The champion felt so emboldened by this miracle, that he rushed upon his antagonist, and substantiated the claim of the abbey by giving an unmerciful cudgelling to his opponent. In like manner, Geoffroi du Marne, bishop of Angers, ordered certain of his monks to determine their right to tithes by a similar process.
The trials or ordeals by fire and water were not always conclusive; for, in 1103, we find that one Luitprant, a Milanese priest, having accused his archbishop of simony, offered to make good his charge by walking through a fire; a feat which he performed to the amazement of all. However, as the accused was a prelate of distinction, the Pope absolved him, and very properly banished his impertinent accuser, who indeed, if strict justice had been done, ought to have been burnt alive as a wizard.
Our William of Normandy would not allow clerks to fight without due permission from their diocesan: “Si clericus duellum sine episcopi licentiâ susceperit,” &c.
We have abundant authority to show that priests were very frequently expert fencing-masters, and as chaplains of the army were especially celebrated for their skill.
A singular trial by battle took place at Toledo, in 1085, to decide whether the Roman or the Muzarabic ritual was to be observed in the celebration of mass. Two champions were selected. Don Ruiz de Mastanza, the Muzarabic knight, unhorsed his adversary and killed him. But the Queen, who had a particular predilection for the trial by fire, insisted that it should be resorted to: now, as it was contrary to the laws of chivalry that the conquering knight should be sent to the stake, a copy of each liturgy was thrown into the fire; when, as it appears that both of them were consumed, the King decided that in certain churches and chapels prayers should be put up according to the Muzarabic ritual, and in others in conformity with the Roman.—The Muzarabic chapel, a most curious monument, may to this day be seen in the cathedral of Toledo.
Not only did the clergy order that these judicial battles should take place, but many instances are on record where they were instituted by several French parliaments. Under Philip de Valois, the parliament decreed that two knights, Dubon and Vernon, should endeavour to cut each other’s throats; the latter having asserted that the former had bewitched his sovereign. The same learned body ordered a man of the name of Carrouge to fight another man of the name of Legris, to prove to the satisfaction of the public that he had committed an act of violence towards Carrouge’s wife. Carrouge must have been right, for Legris was killed; though, according to President Henault, his innocence was afterwards fully substantiated by his accuser’s confession upon his death-bed. In another instance, a knight, by name Jean Picart, who was accused of an incestuous intercourse with his daughter, was directed to fight her husband.
The frequency of these duels induced several monarchs to issue various edicts. In 1041 was issued one called the Saviour’s truce, in which duels were prohibited from Wednesdays to Mondays, these days having been consecrated by our Saviour’s passion. In 1167, the King prohibited all duels upon claims that did not exceed two-pence halfpenny. In 1256, causes of adultery were to be brought to this issue; while, in 1324, it was enjoined in cases of rape and poisoning. In 1145, the provost of Bourges was instructed to call out all persons who did not obey his orders.