The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
The combatants were to be armed according to their quality; and the arms
and armour of knights, who should do battle in a case of homicide or
assassination, are duly set forth. They had to fight on foot; their
lances were to be of equal length, and their shields half-a-foot higher
than their persons, and pierced with two openings through which they
could see their adversary. The arms had to be shown to the Court, and
each champion was obliged to make oath on the Gospels that he had upon
him neither writing, charm, nor any other arms than those shown to the
Court. The combatants were then placed and fought. Near at hand stood
the warders of the field, so that they might catch the words "I repent"
in the event of their being uttered. In that case they said to the other
party, "You have done enough"; and he who had been vanquished was taken
to the lord, by whose order he was trained to the gallows and hanged.
Similar treatment was paid to a combatant who had been slain, even if he
had not said "I repent." The same procedure was observed where the
champions were of inferior rank, save that their arms were not knightly.
If the case were not one of homicide or assassination, knights fought on
horseback and in armour, with the same consequences to the vanquished.
His arms were forfeited; and, if the charge were treason, his heirs were
deprived of their inheritance. Combatants of lower than knightly rank
fought on foot with shields and spears of equal length. If anyone not a
knight struck a knight, he lost his right hand, "because of the honour
and dignity which a knight has, and ought to have, over all other kinds
of persons."
We may now refer to some typical examples. In the reign of Henry III.
Hamon le Stare was appealed for robbery by Walter de Bloweberme; and the
record is specially interesting on account of a contemporary drawing of
the fight and subsequent execution of the vanquished.
In a MS. of Merton College, Oxford, occurs a note of a case in the time
of Edward I. R. de B. having demanded the advowson of a church against
the Prior of Sens, the latter waged battle. On the appointed day his
champion appeared, "and in the open field the duel was fought." The
Prior's champion was struck down, and upon this the Prior's attorney
came forward and surrendered the advowson. Accordingly, judgment was
given that R. should recover seisin, and that the Prior should be in
mercy. The same MS. contains a comment by the Judge (Saham) to the
effect that if, after battle joined, at the second or third assault the
tenant acknowledge the tenement to be the right of the demandant, and
for that acknowledgment the demandant grant to the tenant that he shall
hold of him for life, and that afterwards the tenement shall revert to
him (the demandant), that acknowledgment is as stable as if a fine were
levied in a writ of warranty of charter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account