The Curiosities of Heraldry

by Mark Antony Lower

(Ordeal Combat.)

At this period that peculiar species of ordeal, TRIAL BY COMBAT, the prototype of the modern duel, was licensed by the supreme magistrate. When a person was accused by another without any further evidence than the mere ipse dixit of the accuser, the defendant making good his own cause by strongly denying the fact, the matter was referred to the decision of the sword,[51] and although the old proverb that “might overcomes right” was frequently verified in these encounters, the vanquished party was adjudged guilty of the crime alleged against him, and dealt with according to law. The charge usually preferred was that of treason, though the dispute generally originated in private pique between the parties. These combats brought together immense numbers of people. That between Sir John Annesley and Katrington, in the reign of Richard II, was fought before the palace at Westminster, and attracted more spectators than the king’s coronation had done.[52] All such encounters were regulated by laws which it was the province of the heralds to enforce.[53]

The TOURNAMENT, though proscribed by churchmen (jealous, as Dallaway observes, of shows in which they could play no part), had nothing in it of the objectionable character attaching to the judicial combat. Nor will it suffer, in the judgment of Gibbon, on a comparison with the Olympic games, “which, however recommended by the idea of classic antiquity, must yield to a Gothic tournament, as being, in every point of view, to be preferred by impartial taste.”[54] Descriptions of tournaments occur in so many popular works that it is not here necessary to do more than to refer to them. The vivid picture of one by Sir Walter Scott in ‘Ivanhoe’ is probably fresh in the reader’s memory.

As early heraldry consisted of very simple elements, it cannot excite surprise that the same bearings were frequently adopted by different families unknown to each other; hence arose very violent disputes and controversies, as to whom the prior right belonged. The celebrated case of Scrope against Grosvenor in the reign of Richard II, may be cited as an example. The arms Azure, a bend or, were claimed by no less than three families, namely, Carminow of Cornwall, Lord Scrope, and Sir Robert Grosvenor. On the part of Scrope, it was asserted that these arms had been borne by his family from the Norman conquest. Carminow pleaded a higher antiquity, and declared they had been used by his ancestors ever since the days of king Arthur! The trial by combat had been resorted to by these two claimants without a satisfactory decision, wherefore it was decreed that both should continue to bear the coat as heretofore. The dispute between Scrope and Grosvenor was not so summarily disposed of; a trial, not by the sword, but by legal process, took place before the high Constables and the Earl Marshal, and lasted five years. The proceedings, which were printed in 1831 from the records in the Tower, occupy two large volumes! The depositions of many gentlemen bearing arms, touching this controversy, are given at full length, and present us with some curious and characteristic features of the times. Among many others who gave evidence in support of the claims of Lord Scrope was the famous Chaucer. His deposition, taken from the above records, and printed in Sir Harris Nicolas’s elegant life of the poet, recently published, is interesting, no less from its connexion with the witness than for its curiosity in relation to our subject:

“Geoffrey Chaucer, Esquire, of the age of forty and upwards, armed for twenty-seven years, produced on behalf of Sir Richard Scrope, sworn and examined. Asked, whether the arms Azure, a bend or, belonged, or ought to belong, to the said Sir Richard? Said, Yes, for he saw him so armed in France, before the town of Retters,[55] and Sir Henry Scrope armed in the same arms with a white label, and with a banner; and the said Richard, armed in the entire arms, ‘Azure, with a bend or;’ and so he had seen him armed during the whole expedition, until the said Geoffrey was taken [prisoner.] Asked, how he knew that the said arms appertained to the said Sir Richard? Said, that he had heard say from Old Knights and Esquires, that they had been reputed to be their arms, as common fame and the public voice proved; and he also said that they had continued their possession of the said arms; and that all his time he had seen the said arms in banners, glass, paintings, and vestments, and commonly called the arms of Scrope. Asked, if he had heard any one say who was the first ancestor of the said Sir Richard, who first bore the said arms? Said, No, nor had he ever heard otherwise than that they were come of antient ancestry and old gentry, and used the said arms. Asked, if he had heard any one say how long a time the ancestors of the said Sir Richard had used the said arms? Said, No, but he had heard say that it passed the memory of man. Asked, whether he had ever heard of any interruption or challenge made by Sir Robert Grosvenor, or by his ancestors, or by any one in his name, to the said Sir Richard, or to any of his ancestors? Said, No, but he said that he was once in Friday-street in London, and as he was walking in the street he saw hanging a new sign made of the said arms, and he asked what Inn that was that had hung out these arms of Scrope? and one answered him and said, No, Sir, they are not hung out for the arms of Scrope, nor painted there for those arms, but they are painted and put there by a knight of the county of Chester, whom men call Sir Robert Grosvenor; and that was the first time he ever heard speak of Sir Robert Grosvenor or of his ancestors, or of any other bearing the name of Grosvenor.”[56]

At this date the nobility claimed, and to a considerable extent exercised, the right of conferring arms upon their followers for faithful services in war. A memorable instance is related by Froissart, in which the Lord Audley, a famous general at the battle of Poictiers, rewarded four of his esquires in this manner. When the battle was over, Edward the Black Prince, calling for this nobleman, embraced him and said, “Sir James, both I myself and all others acknowledge you, in the business of the day, to have been the best doer in arms; wherefore, with intent to furnish you the better to pursue the wars, I retain you for ever my knight, with 500 marks yearly revenue, which I shall assign you out of my inheritance in England.” This was, at the period, a great estate, and the Lord Audley duly appreciated the generosity of the donation; yet, calling to mind his obligations in the conflict to his four squires, Delves, Mackworth, Hawkeston, and Foulthurst, he immediately divided the Prince’s gift among them, giving them, at the same time, permission to bear his own arms, altered in detail, for the sake of distinction. When the prince heard of this noble deed he was determined not to be outdone in generosity, but insisted upon Audley’s accepting a further grant of 600 marks per annum, arising out of his duchy of Cornwall.

The arms of Lord Audley were Gules, fretty or, and those of the four valiant esquires, as borne for many generations by their respective descendants, in the counties of Chester and Rutland, as follows:

Delves. Argent, a cheveron gules, fretty or, between three delves or billets sable.

Mackworth. Party per pale indented, ermine and sable, a cheveron gules, fretty or.