In the case of knights, we see that the weapons were those in customary use, and the duel was a fight with spears and with sword; in the case of the common sort, it was a very different thing. The gallows stood in readiness for the vanquished man; the weapons were staves armed at the end with iron shaped like a ram’s horn. There was a strict rule about the dress of the combatants, which was to be of white wool; they were bare-headed and bare-footed; their heads were shaved to avoid giving a chance for either to catch the other by the hair. In a certain duel on record the combatants first broke their staves and then fought with fists and claws and feet and teeth, especially with their teeth; they tore each other’s garments and the flesh beneath, until at last one got the other down and gouged out both eyes with his thumbs. After this there was nothing to be done but to surrender and to be carried to the gallows there to be hanged.
In the year 1350, just after the visitation of the Black Death, occurred the famous Ordeal by Battle between John de Viscomte and Thomas de la Marche. The quarrel arose in the East, where both these knights were engaged in the war then going on between the Armenians, the Cypriotes, and the Rhodians on one side, and the Saracens on the other. John de Viscomte was a cousin of the King of Cyprus and Thomas de la Marche was a natural son of Philippe de Valois, King of France. Charges were brought by the former that the said Thomas had been guilty of perjury, treason, and forgery. The particulars of the accusation do not concern us. Thomas denied the whole and challenged the accuser to single combat. It is not exactly clear why the battle was not fought out in Cyprus or in Rhodes; probably both parties desired to make as much as possible of the quarrel and of the battle; probably the case was felt to be one which interested the whole of Christendom; however that may be, it was agreed to refer the matter to the King of England as the most worthy and honourable Prince in all Christendom. The knights, therefore, arrived in England at the beginning of September 1350 with letters from the Kings of Armenia and Cyprus containing a statement of the case, and inviting the King to allow the Ordeal by Battle to take place in his presence.
The day was fixed for the 4th of October; the battle to be fought out in the Lists in his Palace of Westminster. The combatants appeared on the day appointed, fully armed and on horseback. The King, the Prince of Wales, and a great concourse of people were present. The oaths were administered and the battle began. Sir John, leaping from his horse, determined to fight on foot; in which he was followed by his adversary. Stow says that they began by running “at the tilte.” The following is Stow’s account of the fight, with the tragical conclusion:—
“For this therefore were these two worthy souldiers appointed to fight, which they performed within the listes of the King’s pallace at Westminster, on Mondaye nexte following after the feaste of Saint Michael, where Thomas, in declaration of hys innocencie, in that he was accused of, overcame his enemie, but yet killed him not, for he could not, because he was not able to wounde hym beyng so armed, with anye kynde of piercing weapon, except it were in hys face whiche was bare. For after that they hadde runne at the Tilte, and foughte on foote, as they were striving together on the grounde, wyth certaine prickes bothe shorte and sharpe, then called Gadlings, being closed in the joints of his right gauntlet, the sayde Thomas struck the sayde John in the face, and sore wounded hym: but on the other side John hadde no suche kinde of weapon, wherewyth hee myght hurte Thomas face, and therefore cryed out aloude moste horribly, wherupon by the King’s commaundemente the combatte was ended, and the victory adiudged to Thomas, who gave the sayde John being thus overcome, to the Prince of Wales for a Captive, and offered up his owne armoure to Sainte George in Sainte Paules Churche at London, wyth great devotion. These matters beyng thus finished, the Cipres man is manumitted and sette at libertie as a free man againe. And Thomas thinking boldly to goe into the presence of his brother the Frenche King, toke hys journey thyther, and at his coming, founde the sayde King and the nobilitie of Fraunce greatlye offended, and in indignation against him, for that he agreed that the combat shoulde be tried before the King of England. Wherefore Thomas thinking secretly with him selfe howe to winne the false friendship of his brother, became desirous to shewe that therein he hadde done well among all other things he greatelye praysed the nobilitie of Edwarde and his worthy fame spredde over all the worlde, and also the justice whiche he used in judging, not accepting the person of the manne of Cipres (yea thoughe he loved the Kyng himselfe verye well), neyther suffered him to be preferred before me, which am a French manne, and brother, and friende to thee my Lorde Kyng of Fraunce, judge over the sayde King Edwarde my adversarie. Also the Earle of Ewe highly praysed the King of England, for that he hadde receyved greate comforte and commoditye at hys handes during the tyme of hys Captivitie in Englande, shewing also howe farre that good Kyng hadde banished envie and hatred from hys hearte, who at a time of justyng beyng in the fielde at that exercise, and the Kyng also, was commaunded by the Kyng himselfe to beare awaye the price and pricke from them all. These commendations did the French Kyng envie at, and for indignation, he most wickedlye commaunded the setters forth of those prayses to be beheaded. And for to colour the matter the better he fayned that the Earle used too much familiaritie with the Queene his wife, and that his brother was guiltie of treason against the King of Fraunce, bycause he committed his cause and the combat to be tryed by the judgement of the King of England. After he had thus murdered his brother, he tormented his wife to death by famine, who was daughter of the noble King of Boheme, lately slaine in battayle by Geffery.”
On the 7th of June 1380 another Ordeal by Battle was held. It is a very singular story, and reads as if the guilty man were prevented from making a good fight by the knowledge of his guilt. Fabyan and Stow both refer to the incident, but only briefly; Holinshed is the authority for the fuller details. The accuser, Sir John Annesley, charged Thomas Catrington, Esquire—Fabyan calls him Carton—with having betrayed and sold to the French the castle of St. Sauveur in Normandy, of which he was Governor. He brought the charge before the Court of the Constable of England sitting at Westminster, concluding by throwing down his gauntlet and offering to justify the words in open duel. Catrington denied the charge and accepted the duel.
In the year 1384 another Ordeal of Battle took place in the Palace Lists, which, like the last, resulted in the death of the unjust. The case was this:—One Mortileto de Vilenos, a gentleman of Navarre, brought a charge of treason against John Welsh, an English gentleman, stating that the treason had been committed while Welsh was Governor of Cherbourg. They fought it out on St. Andrew’s Day, the result being the overthrow of Mortileto, who then confessed that his charge was without foundation, but that it was invented in revenge for the seduction of his wife by Welsh. He was therefore by the King’s command hanged immediately, though the Queen, Stow says, made earnest intercession to have his life saved.
Madox (Exchequer, i. 550) furnishes an account of an Ordeal by Battle with an illustration of the manner of combat:—
“Now we are speaking of Duels, I will lay before the Reader a pretty remarkable Case of a Duel that was fought in the Reign of K. Henry III. between Walter Bloweberme, an Approver, and Hamon le Stere; together with a Draught or figure of the Duel, as it was drawn at that time. The Case was this. Walter Bloweberme appealed Hamon le Stere of Robbery: alleging that they were together at Winchester, and there stole Cloaths and other Goods; whereof Hamon had, for his Share, two Coats, to wit, one of Irish Cloth, and the other a Party-coat or Cloth of Abendon and Burell of London: and that he (the said Walter) was in Fellowship with the said Hamon in the said Robbery, he offereth to prove by his Body, as the Court shall award. Hamon came and denyed the whole. And saith that he will defend himself by his Body. Whereupon it was awarded, that there should be a Duel between them. A Duel was struck. And Hamon being vanquished in the Combat, was adjudged to be hanged. It was found that Hamon had no Chattels to forfeit to the King.”
The account of a dispute about a manor in the Isle of Harty, which was to have been fought out in Tothill Fields, Westminster, but ended very tamely, is given at length in London in the Time of the Tudors, p. 391.
In the Collections of a London Citizen there are two Ordeals by Battle, one at least, very grim and horrible: