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
"And if it happen so that the King would take the quarrel in his hand
and make them accorded without more fighting, then the Constable taking
the one party and the Marshal the other shall lead them before the King,
and he showing them his will, the said Constable and Marshal shall lead
them to the one part of the lists with all their points and armour as
they are found, and having when the King took the quarrel in his hand as
is said. And so they shall be led out of the gate of the lists evenly,
so that the one go not before the other by no way and nothing, for sen
he hath taken the quarrel in his hand, it should be dishonest that
either of the parties should have more disworship than the other.
Wherefore it hath been said by many ancient men that he that goeth first
out of the lists hath the disworship and this as well in cause of
treason as in other cause whatsoever it be."
It cannot be repeated too often or too clearly understood that the duel
was not exclusively a chivalrous custom, confined to those of high
station. Like the ordeal, it was prescribed, as a mode of juridical
determination, for burgesses and others, though, as we have shown,
equality of rank was postulated in the combatants no less than equality
of "points." By way of illustration we may turn to the annals of
Leicester, where wager of battle was enforced on the townsmen for the
settlement of their disputes. We have seen that knights undertook to
bring matters to a conclusion within the space of one hour. Honest
burgesses, less expert in the use of lethal weapons, and either less
courageous or less callous in taking human life, appear to have shown
extremely poor "sport" in their involuntary matches. At Leicester a
combat is recorded to have commenced at 6 a.m. and continued till 3
p.m., when it was terminated through one of the parties falling into a
pit. The character of the affair and the behaviour of the champions
occasioned a great scandal; and the townsmen, in order to prevent a
repetition of the incident, engaged to pay the Earl their lord three
pence for each house, on condition that the "twenty-four jurors who were
in Leicester from ancient times should from that time forward discuss
and decide all pleas they might have among themselves."
In London and other chartered towns parties to a quarrel could not be
made to fight against their will. The rule was that wager of battle did
not lie between two freemen without the consent of both; and a case is
on record in which one citizen, having been charged with felony and
robbery, offered to defend himself with his body. The appellor declined
dereignment by battle, and so it was decided that the accused should be
tried by the Middle Law, with eighteen compurgators.
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