The story of Thomas Appletree: his terrible accident; his deadly peril; his repentance; and his pardon, is pathetic. I suffer Stow to tell it in his own words:—
“The seventeenth day of July, the Queenes moste excellent Maiestie, being in ye river of Thamis, betwixt hir Highnesse Mannour of Greenewiche and Detteforde, in hur privie Barge, accompanyed with Monsier Schemere the French Embassadour, the Earle of Lincolne, and Maister Vizchamberlaine, etc., with whim she entred discourse about waightie affaires; it chanced that one Thomas Appletree, a yong man and servant to Maister Henrie Carie, with two or three children of hir Maiesties Chappell, and one other named Barnard Acton, being in a Boate on the Thamis, rowing up and downe betwixte the places above named, the foresaide Thomas Appletree hadde a Caliver or Harquebuze, whych he hadde three or foure times discharged with Bullet, shooting at randone very rashly, who by greate misfortune shot one of the Watermen, being the seconde man nexte unto the Bales of the saide Barge, labouring with hys Oare (whyche sate wythin five feete of hir Highnesse), cleane through bothe hys armes; the blowe was so greate and greevous, that it moved him out of his place, and forced hym to crye and scritche oute piteouslye, supposing hymselfe to be slain, and saying, he was shot through the body. The man bleeding abundantly, as though he had had 100 Daggers thrust into hym, the Queenes Maiestie showed such noble courage as is moste wonderfull to be heard and spoken of, for beholding hym so maimed, and bleding in such force, she never bashed thereat, but shewed effectually a prudent and magnanimous heart, and moste courteously comforting the pore man, she bad hym be of good cheere, and saide hee should want nothing that might bee for his ease, commaunding hym to be covered till such time as hee came to the shoare, till which time hee lay bathing in his owne bloud, which might have been an occasion to have terrified the eyes of the beholders. But such and so great was the courage and magnanimitie of our dread and soveraigne Ladie, that it never quailed. To be short, Thomas Appletree and the rest were apprehended and brought before her honorable Counsell, who with great gravitie and wisedome employed their times verie carefully, and with greate diligence examined the saide Appletree and his companions, and finding the case moste hainous and wicked, justly pronounced againste him the sentence of death, and commit him to the Marshalsea in Southwarke, from whence ye Tuisday following hee was brought through the Citie with the Knight Marshalles men, ledde up to the Tower Hill, and so to Radcliffe upp to Blackwall, and so downe to the waterside, where was a Gibet sett upp, directly placed betwixte Detforde and Greenewiche, for the execution of this malefactour, who in deed verie pitifully bewayled the offence hee had committed, and as well in prison as by the waie prepared himselfe verie penitently and willingly to offer his body to the death.
Thus verie godly hee purposed to finish his miserable and wretched life, and so prepared himselfe to ascend and goe upp the Ladder, and being on the same, he turned himselfe, and spake to the people as followeth: Good people, I am come hither to die, but God is my Judge, I never in my life intended hurt to the Queenes Most excellent Maiestie, nor meant the harme of any creature, but I pray to God with all my heart long to prosper and keepe her Highnes in health, who blesse and defende her from all perilles and daungers, who prosper her in all her affaires, and blesse her moste Honorable Counsell, giving them grace to doe all things to the glorie of God, and the benefit of this realme; but of all things I am moste sorie for my offence, and wofully bewaile the same; and more, I am penitent and sorie for my good Maister, Maister Henrie Carie, who hath been so grieved for my fault, suffering rebuke for the same: I would to God I had never been borne that have so grievously offended him. And with that the teares gusht oute of his eyes verie faste. This saide, hee persuaded all men to serve God, and to take an example by him, and every night and morning moved them devoutly to say the Lord’s Prayer. And as the executioner had put the rope about his necke, the people cried stay, stay, stay, and with that came the right Honorable sir Christopher Hatton, Vizchamberlaine to her highnes, who enquired what hee had confessed, and being certified, as is before expressed, hee bailed his bonet, and declared, that the Queenes Maiestie had sent him thither both to make the cause open to them how hainous and greevous the offence of ye said Thomas Appletree was, and further to signify to him her gracious pleasure; and so continued his message, as ye may reade it printed by itself, and annexed to this discourse. Which, when he had declared, the hangman was commanded to take the roape from his necke. Appletree being come downe from the Ladder, received his pardon, and gave God and the Prince praise for so great a benefite as he had by her moste gracious bountie received. This done, Maister Vizchamberlaine saide: Good people pray for the Queenes Maiestie, and then was this prayer saide, which is usually reade (for the preservation of her Maiestie) in the Church: O Almighty and everlasting God, the Lord of Lords, and King of Kings, which dost fro’ thy throne behold all the dwellers of the earth, most heartily we beseech thee with thy favour to behold our moste gracious soveraigne lady Queen Elizabeth, etc. Whereunto all the people joyfully accorded to saye Amen, crying, God save the Queen: casting up their Cappes.” (Stow’s Chronicles of England.)
One of the last cases of ordeal by battle belongs to the year 1571.
“The eighteenth of June, in Trinitie terme, there was a combat appointed to have been fought for a certeine manour and demaine lands belonging thereunto in the Ile of Hartie, adjoining to the Ile of Shepie in Kent. Simon Low and John Kime were plaintifs, and had brought a writ of right against Thomas Paramore, who offered to defend his right by battell. Whereupon the plaintiffs aforesaid accepted to answer his challenge, offering likewise to defend their right to the same manour and lands, and to prove by battell, that Paramore had no right nor good title to have the same manour and lands. Hereupon the said Thomas Paramore brought before the judges of the common plees of Westminster, one George Thorne, a big, broad, strong set fellow; and the plaintifs Henrie Nailer, maister of defense, and servant to the right honourable the earle of Leicester, a proper slender man, and not so tall as the other. Thorne cast downe a gantlet, which Nailer tooke up, upon the sundaie before the battell should be tried. On the next morow, the matter was staied, and the parties agreed, that Paramore being in possession should have the land, and was bound in five hundred pounds to consider the plaintifs, as upon hearing the matter the judges should award. The queens majestie abhorring bloodshed, and (as the poet very well saith)
“Tristia sanguinei deuitans praelia campi”
was the taker up of the matter, in this wise. It was thought good, that for Paramore’s assurance, the order should be kept touching the combat, and that the plaintifs Low and Kime should make default of appearance; but that yet such as were sureties for Nailer their champions appearance, should bring him in; and likewise those that were sureties for Thorne, should bring in the same Thorne, in discharge of their band; and that the court should sit in Tuthill Fields where was prepared one plot of ground of one and twentie yards square, double railed for the combat. Without the west square a stage being set up for the judges, representing the court of the common plees.
All the compasse without the lists was set with scaffolds one above another, for people to stand and behold. There were behind the square where the judges sat, two tents, the one for Nailer, the other for Thorne. Thorne was there in the morning timelie, Nailer about seven of the clock came through London, apparelled in a doublet, and gallie gascoine breeches all of crimsin satin, cut and rased, a hat of blacke velvet, with a red feather and band, before him drums and fifes plaieng. The gantlet cast downe by George Thorne was borne before the said Nailer upon a sword’s point, and his baston (a staffe of an ell long, made taper wise, tipt with horne) with his shield of hard leather was borne after him, as Askam a yeoman of the queenes gard. He came into the place at Westminster and staieng not long before the hall door, came back into the king’s street, and so along thorough the Sanctuarie and Tuthill street into the field, where he staied till past nine of the clocke, and then Sir Jerome Bowes brought him to his tent: Thorne being in the tent with Sir Henrie Cheinie long before.
About ten of the clocke, the court of common plees remooved, and came to the place prepared. When the Lord chief Justice, with two other his associates were set, then Low was called solemnlie to come in, or else to lose his writ of right. Then after a certeine time, the suerties of Henrie Nailer were called to bring in the said Nailer, champion for Simon Low. And shortlie thereupon, Sir Jerome Bowes, leading Nailer by the hand, entred with him the lists, bringing him downe that square by which he entred, being on the left hand of the judges, and so about till he came to the next square, just against the judges, and there making courtesie, first with one leg and then with the other, passed foorth till he came to the middle of the place, and then made the like obeisance and so passing till they came to the barre, there he made the like courtesie, and his shield was held up aloft over his head. Nailer put off his netherstocks, and so barefoot and barelegged, save his silke scauilones to the ankles, and his dublet sleeves tied up above the elbow, and bareheaded, came in, as is aforesaid. Then were the suerties of George Thorne called to bring in the same Thorne; and immediately Sir Henry Cheinie entering at the upper end on the right hand of the judges, used the like order in comming about by his side, as Nailer had before on that other side; and so comming to the barre with like obeisance, held up his shield. Proclamation was made that none should touch the barres, nor presume to come within the same, except such as were appointed.
After all this solemne order was finished, the lord chiefe justice rehearsing the maner of bringing the writ of right by Simon Low, of the answer made thereunto by Paramore, of the proceeding therein, and how Paramore had challenged to defend his right to the land by battell, by his champion Thomas Thorne, and of the accepting the triall that was by Low with his champion Henrie Nailer; and then for default of appearance in Low he adjudged the land to Paramore, and dismissed the champion, acquiting the suerties of their bands. He also willed Henrie Nailer to render againe to George Thorne his gantlet. Whereto the said Nailer answered, that his lordship might command him anie thing, but willingly he would not render the said gantlet to Thorne except he could win it. And further he challenged the said Thorne to play with him half a score blowes, to shew some pastime to the lord chiefe justice and to the other there assembled. But Thorne answered, that he came to fight, and would not plaie. Then the lord chiefe justice commending Nailer for his valiant courage, commanded them both quietlie to depart the field, etc.” (Stow’s Chronicles of England.)