Mr. Hewitt[257] describes a legal duel of the reign of King Richard II, between a chevalier of Navarre and an English esquire, which is figured in Cotton MS., Nero, D VI. The engraving has been reproduced in Strutt’s Regal Antiquities.[258] Holinshed gives an account of the duel, as taking place in 1384, between John Walsh or Wallis and an esquire of Navarre named Martilet; the charge being that the former had forced the wife of the latter. Martilet was slain, his body drawn, hanged and beheaded.
Froissart describes a judicial duel which took place at Paris in the year 1386, in the reign of Charles VI of France, between the Chevaliers Jean de Carouge and Jacques le Gris, both knights of the household of the Comte d’Alençon. Owing to the singular nature of the charge the event caused a great stir at the time and drew a multitude of spectators from far and near. De Carouge leaving France to take part in the crusade in Palestine, his young and handsome wife, a modest and virtuous dame, awaited his return in their strong castle of Argenteil. Jacques le Gris having conceived an unlawful passion for the lady determined to gratify it during the absence of her lord. He paid a visit to the castle one morning and was received by the lady with all honour as being a companion at arms of her husband; and was being shown over it when he asked to see the dungeon. She suspecting no evil, took him down to it alone, when he suddenly locked the door, took advantage of her and forced her. On the return of de Carouge from the Holy Land his wife complained to him of the outrage, which was solemnly denied by the defendant; and the husband called together his friends and kindred to advise with them as to his proper course of action. Parliament was applied to, and a combat to the death between the parties was arranged to take place, de Carouge to act as champion for his wife, le Gris to defend his honour in his own person. Lists were erected at Paris behind the Temple, together with accommodation for the vast number of spectators expected to be present. King Charles was at Sluys at the time superintending the arrangements for a contemplated invasion of England, but he hurried back to Paris to sit as umpire on the occasion. On the day of battle the two knights entered the lists, with their sponsors, armed at all points; and the onset was sounded for a joust à outrance, which was run without hurt to either party. They then dismounted and attacked each other with swords. De Carouge was first wounded in the thigh, but continued fighting and at length passed his sword through the body of his adversary, killing him instantly. The body of le Gris was delivered over to the common hangman by the marshal and dragged to Montfauçon, where it was gibbeted.
Juvenal des Ursins, in Histoire de Charles VI,[259] also gives an account of this duel, which differs materially from that of Froissart, and is more likely to be correct. It states that when the vanquished knight lay wounded on the ground and when de Carouge was about to administer the coup de grâce he demanded a confession of guilt, but le Gris with his last breath solemnly asseverated his denial of the crime; and innocent he was later proved to be, for some time afterwards another person on his death-bed confessed to having committed the outrage. The motive of the lady in charging the wrong person is not apparent. The duel is also described in Les Annales de France.
In 1398 the Dukes of Hereford and Norfolk accused each other of treason, and a duel took place between them, though King Richard had in vain tried to reconcile them. Holinshed gives the following account of this combat:—“The duke of Aumarle was that daie high constable and the duke of Surrie marshal, and they entered vnto the lists with a great companie of men apparelled in silke sendall, imbrodered with siluer both richlie and curouslie, euerie man hauing a tipped staffe to keepe the feeld in order. About the houre of prime came to the barriers of the listes, the duke of Hereford, mounted on a white courser, barded with gréene and blew veluet imbrodered sumptuouslie with swans and antelops of goldsmiths worke, armed at all points. The constable and marshall came to the barrier, demanding of him what he was, he answered ‘I am Henrie of Lancaster, duke of Hereford which am come hither to doo endeuer against Thomas Mowbraie duke of Norfolke, as a traitor vnto God, the king, his realme, and me.’ Then he entered the listes, and descended from his horse, and set him down in a chaire of greene veluet, at the one end of the lists, and there reposed himself, abiding the comming of his aduesarie.” King Richard then entered the lists with great pomp “accompanied with all the péeres of the realm,” and took his seat upon the tribune. “After him entered the Duke of Norfolk, his horse barded in crimcon velvet, embroidered with lions in silver and mulberry trees,” and he took his seat in a chair, “which was of crimosen veluet, courtined about with white and red damaske.” The herald then gave the signal for the combat to begin, but the course proved abortive, and the king cast his bâton, the heralds crying “Ho, Ho.” A council was then held by the king resulting in both dukes being banished the realm.[260]
TRIAL BY COMBAT IN GERMANY[261]
Application had to be made by an appellant to the civic authority of a town before a judicial duel could take place, and this having been done the following answer would be given:—
“We have received your letter and are very sorry to see that your hearts are so moved with rancour and hatred as you seem to bear to one another. In which regard we pray you that you would desist from combat if it may be; and that you would end your quarrels by the way of mildness and gentleness without the adventuring of handy strokes and without shedding human blood. Consent to our request, and so much the rather because we entreat you most instantly.”
Should the demand for a trial by combat be still persisted in the following answer was returned:—
“Seeing that you still persist in your hatred and challenge, and that the way of gentleness can take no course of kindness between you, we do order and appoint that you shall appear on such a day before us to hear the ground and subject of your quarrel, wherein we mean to do you justice.”
A day may then be assigned for the combat if it be allowed.