5to5 HS6~ XLhc {Trial b£ Combat of 1Denn> be Essej anb IRobert be /Iftontfott at IReabing Hbbq\ Cornell Uttiueraity Eibrary Sttiaca. SJeui gntk BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 Cornell University Library CR4565 .H96 Trial by combat of Henry de Essex and Ro 3 1924 029 811 100 olin Overs Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029811100 THE TRIAL BY COMBAT OF HENRY DE ESSEX AND ROBERT DE MONTFORT AT READING ABBEY. By the same Author : " A History of Reading Abbey." " The Rise and Fall of Reading Abbey." " The First and Last Abbots of Reading." " Hugh II., Eighth Abbot of Reading." " Sumer is icumen in." " The Marriage of John of Gaunt and Blanche of Lancaster at Reading Abbey." " The Shrine of St. James at Reading Abbey." " King Henry Beauclerc and Reading Abbey." " A Guide to Reading Abbey." Etc., etc. TLhc XLvial by Combat of 1benn> be lEssey ani> "Robert be /Iftontfort at Reading Hbbe\\ By JAMIESON B. HURRY, M.A., M.D. With Frontispiece. LONDON: ELLIOT STOCK 7 PATERNOSTER ROW, E.C. 1919 £bis IDolume WAS PUBLISHED IN CONNECTION WITH THE PRESENTATION TO THE READING ART GALLERY OF A PICTURE ENTITLED " THE TRIAL BY COMBAT OF HENRY DE ESSEX AND ROBERT DE MONTFORT AT READING ABBEY, A.D. 1 1 63." TLhc prologue. THE trial by combat of Henry de Essex and Robert de Montfort, which Jocelin of Brakelond has re- corded in his " Chronicle " and which Carlyle has immortalised in " Past and Present," forms a dramatic incident in the annals of the " noble and royal monastery of Reading," and will be held in perpetual remem- brance by those who are interested in that famous home of religion and learning. This trial appeals also to a larger public, since it illustrates an extraordinary development in the administration of justice in the Middle Ages, and thus possesses an importance for the sociologist, the historian and the jurist. Lastly, the fate of Henry de Essex shows how conscience makes cowards of us all, and appeals to all persons and ages ; it points a moral and adorns a tale. J.B.H. Contents. The Prologue I. Henry de Essex II. Robert de Montfort III. The Battle of Coleshill IV. Ordeals ... V. The Trial by Combat ... VI. The Monk at Reading Abbey . . The Epilogue Xotes Index jfrontispiece The Trial bv Combat. PAGE 5 1 1 V3 1 5 1 8 2 3 -/ 3° I Ifoenn? be Essey. TWO combatants form the dramatis persona of the famous " trial by combat " which forms the subject of this Essay. The scanty details of their history that have survived may be gathered together in brief biographical sketches. Henry de Essex was a man " held in high esteem amongst the great men of the realm, a man of much account, of noble birth, conspicuous by deeds of arms, the King's standard- bearer, and feared by all on account of his power." Such is the description given by Jocelin of Brakelond in his famous " Chronicle." • The founder of the family of de Essex was Robert Fitz-Wimark — a Norman noble who settled in England in the days of Edward the Confessor. He was a great favourite of the King, who died supported in his arms, in the presence of the Queen " the Lady Eadgyth," Dux Haraldus (afterwards King Harold) and Stigand Archbishop of Canterbury, a group which appears in the Bayeux Tapestry. 2 His common title was Robert the Staller (Regalis Palatii Stabilitor), and he held the office of Sheriff of Essex. Just before the battle of Hastings Robert Fitz-Wimark despatched a message to William of Normandy, urging the folly of risking a pitched battle with Harold who was advancing to meet him at the head of 100,000 men. Had the advice of Robert Fitz-Wimark been followed the whole history of England might have been changed. At the death of Robert, his son Sweyne assumed the affix " de Essex," and is so styled again and again in the Essex Domesday. Sweyne was a great landowner and according to Domesday held fifty-five lordships in Essex, apart from properties in Suffolk and Hants. He built the castle of THE TRIAL BY COMBAT AT READING ABBEY Ravleigh, called in Domesday Riganea, 3 and was succeeded by his son Robert de Essex who founded Prittlewell Priory, near Southend. Henry de Essex, son and heir of Robert de Essex, survived him as Baron of Rayleigh. 4 He was a warden of the Cinque Ports and restored Saltwood Castle near Hvthe, an ancient edifice stated to be of Roman origin. 5 His mother, named Gunnor, a Bigod bv birth, survived her husband. Henry de Essex is represented to-day by the Baroness Berners. Henry de Essex appears in history as a witness of the Charter of King Stephen (c. a.d. 1140), by which Geoffrey of Mandeville was created first Earl of Essex. Subsequently he witnessed several other Charters of King Stephen, as well as some of those granted bv the Empress Maud to the Earls of Oxford and of Essex. 6 In 1 1 54 he was appointed to the office of Royal Constable or Constabularius Regis, a position of great dignity in the time of Henry I. and his successors ; the Constable was practically a quartermaster-general of the Court and of the army/ and generally found with the garrison in the castle or with the armv in the field. 8 Essex also held the important post of Royal Standard- Bearer to King Henry II. — a post apparently associated with that of Roval Constable. In 1 156 Essex was entrusted with important judicial duties, while the King was absent on the Continent, and England was left to the management of Earl Robert of Leicester and Richard of Lucy, the judiciars. At this period a general visitation of the country by itinerant justices was introduced, and Essex heard pleas in eight of the Southern Counties, being accompanied in the case of two counties (Essex and Kent) bv the Chancellor, Thomas Becket, who for the first time appeared in the character of a judge. 9 When King Henrv undertook his expedition into North Wales in 1157, Essex accompanied the King, and it was during this expedition that took place the dramatic incident at the HENRY D E ESSEX Battle of Coleshill, so pregnant with his future destiny. The details of this incident will be dealt with in Section III. In the following year he again accompanied his sovereign to France and rendered valuable services during the quarrels with the King of France, especially in connection with the expedition against the city of Toulouse, the capture of which would have extended Henry's dominions to the Mediterranean and the Rhone. The city was defended both by the Count of St. Gilles and by his brother-in-law King Louis VII. of France. King Henry at first contemplated laying siege to the city and was strongly urged in this direction by his Chancellor Thomas and his officers, who pointed out what a splendid opportunity there was of at one blow capturing the city as well as King Louis, Count Raymond Berengar IV. of Bar- celona and all their troops. King Henry, however, feeling that such an act would be a breach of the obligations and fealty which he owed to Louis as his suzerain, turned a deaf ear to all appeals, and, accompanied by the King of Scots and all his host, retreated towards his own dominions. Although Toulouse was abandoned, Henry captured most of the neighbouring country, and would have retained his conquests but for his great barons, who refused to under- take the task of protecting these territories against Raymond and Louis unless the King himself remained to support them. Only two faithful ministers accepted the duty : Thomas the Chancellor and Henry de Essex, the Constable, who rendered distinguished service. Their head-quarters were fixed at Cahors whence they put down every attempt at rising against Henry II. 's authority. Unhappily the great and proud Henry of Essex had a dark side to his nature, which Carlyle has described in his inimitable style : " Henry Earl of Essex, Standard-bearer of England, had high places and emoluments ; had a haughty high soul, yet with various flaws, or rather with one many-branched flaw and crack, running through the texture of it. For example, did he not treat Gilbert de Cereville in the most THE TRIAL BY COMBAT AT READING ABBEY shocking manner ? He cast Gilbert into prison ; and, with chains and slow torments, wore the life out of him there. And Gilbert's crime was understood to be only that of innocent Joseph : the Lady Essex was a Potiphar's Wife, and had accused poor Gilbert ! Other cracks, and branches of that widespread flaw in the Standard-bearer's soul we could point out : but indeed the main stem and trunk of all is too visible in this, That he had no right reverence for the Heavenly in Man, — that far from showing due reverence to St. Edmund, he did not even show him common justice. While others in the Eastern Counties were adorning and enlarging with rich gifts St. Edmund's resting-place, which had become a city of refuge for many things, this Earl of Essex flatly defrauded him, by violence or quirk of law, of five shillings yearly, and converted said sum to his own poor uses ! Nay, in another case of litigation, the unjust Standard-bearer, for his own profit, asserting that the cause belonged not to St. Edmund's Court, but to his in Lailand Hundred, ' involved us in travellings and innumerable expenses, vexing the servants of St. Edmund for a long tract of time.' In short, he is without reverence for the Heavenly, this Standard-bearer ; reveres only the Earthly, Gold-coined ; and has a most morbid lamentable flaw in the texture of him. It cannot come to good." I0 Little is known in regard to Essex's family. He appears to have left two sons, Henry and Hugh. 11 The elder of these, Henry of Essex, Junior, was a witness to a Charter granted c. 1 1 56 by Henry II. to Richard Talbot of some land in the Manor of Linton in Herefordshire. Both of these sons were knights. 10 II IRobert be dftontfort. F EW biographical details are known of the second combatant, Robert de Montfort, a kinsman of Henry de Essex and his equal in birth and power. Dugdale speaks of him as " an eminent nobleman." Robert de Montfort was descended from the Hugh de Montfort who accompanied William the Conqueror over from Normandy and was present at the Battle of Hastings. His pedigree is given by Dugdale, although considerable doubt attaches to some of the entries. 12 In the first year of Henry II.'s reign, he took his uncle Waleran, the Earl of Mellent, at a conference held near Bernay. The next recorded event appears to be the accusa- tion of treachery brought against Henry de Essex at the Battle of Coleshill. The details of the judicial duel resulting from this charge are given in Section V. Robert de Montfort also gave to the monks of Thorney the moiety of the Church of Wenge in the County of Rutland, and to the monks of Bermondsey the tithes of Langfort, Bodeny, Wikes and Nacheton. He also appears as a witness to a Charter given either in February or March 1 158 by Henry II. at Woodstock, conferring a barony on William Malduit.' 3 Robert de Montfort next appears in history as taking part in the wars of n 73 between King Henry and Raymond of Toulouse aided by the younger Henry. In the 1 2th century, there were two famous houses in France bearing the name of Montfort, both of them destined to figure in the annals of English history. The more famous of the two was that of Almeric and Bertrada : the other with which we are more closely concerned was the house of Montfort on the Risle, represented by Robert de Montfort. 14 1 1 THE TRIAL BY COMBAT AT READIXG ABBEY Both these houses were conspicuous in the earlier risings of the feudal baronage against the repressing policy of William and Henrv I. Both houses were represented among the partizans of the young King against Henry II. in 1173, Robert de Montfort being amongst them. Robert de Montfort's sister Adeline became the wife of Robert de Vere (as recorded in the Pipe Roll of 1130), who thus became possessed of the honour of Haughley (" Hagenet "), and with it the office of Constable, in which capacity - Robert de Vere figures among the witnesses to Stephen's Charter of Liberties in 1136. The same office of Constable was subsequently held by Henry de Essex, and Round suggests that possibly the accusation of treason later on was partly due to a grudge on the part of the descendant of the dispossessed line against the existing possessor of the fief. 1 - 12 / ' r lit TLbc Battle of (Iolesbill. THE quarrel between Henry of Essex and Robert of Montfort originated in a famous incident which occurred during Henry II.'s first Welsh war, i.e. a.d. 1157. The English King had for some years been seeking an excuse for interfering in Welsh affairs and eventually found his opportunity in the domestic quarrels of the Welsh princes. Owen Gwyneth, prince of North Wales, had confiscated the estates of his brother Cadwallader and banished him from the country. Thereupon Cadwallader took refuge at the English Court and implored Henry's assistance in the recovery of his lands. Apart from such persuasion Henry was tempted into war both by a desire for glory and by the hope of recovering territories which had formerly been tributary to England. Accordingly a Council was held at Northampton in July, at which orders were issued for an expedition into North Wales. The force employed was the usual feudal levy, but instead of calling out the whole body of knights to serve their legal term of forty days, Henry required every two knights throughout England to join in equipping a third — no doubt for a threefold term of service. By this expedient he obtained a force sufficient for his purpose, and guarded against the risk of its breaking up before the completion of its task. The invasion of Wales was both by land and sea. The English forces assembled near Chester, on Saltney Marsh, and were joined by Madoc Ap Meredith, prince of Powys, while the Welsh forces under Gwyneth with his three sons were entrenched at Basingwerk. The King, with his youthful daring, set off at once by way of the sea coast, hoping to surprise the Welsh. But Owen's sons were on the watch and suddenly attacked the foe in the narrow passage of Coleshille, 16 where they had secretly hidden a powerful ambuscade. The '3 THE TRIAL BY COMBAT AT READING ABBEY English, entangled in the woody, marshy ground, were easily routed by the nimble light-armed Welsh. Suddenly a cry was heard " The King is slain," as a result of which Henry of Essex, the hereditary Standard-bearer of England, dropped the Royal Standard and fled in terror. 17 King Henry, how- ever, soon showed himself alive, rallied his troops and cut his way through the ambush with such vigour that Owen judged it prudent to withdraw from Basingwerk, and seek a safer retreat amongst the hills round Snowdon. Henry pushed on to Rhuddlan, and there fortified the castle. Meanwhile a great fleet under the command of Madoc Ap Meredith had sailed for Anglesey, where a few troops were landed, who ravaged the country and even plundered the churches. Indeed so outrageous was their conduct that the incensed islanders combined to attack the invaders as they were returning to their ships overloaded with spoils, and cut them to pieces. The troops that had remained on board were so terrified at the fate of their comrades that they forthwith sailed back to Chester, only to hear on their arrival that the war was over. Owen, afraid of being hemmed in between the English army and the fleet, had sued for peace, reinstated his banished brother, done homage to King Henry, and given hostages for his future loyalty. As the South Wales princes were all vassals of North Wales, Owen's submission was equivalent to a formal acknowledgment of Henry's rights as lord paramount over the whole country, and the King was techni- cally justified in boasting that he had brought the whole of Wales under his jurisdiction. Essex appears to have been acquitted by his Sovereign of dishonourable conduct, since he was intrusted with an important command in the subsequent expedition against Toulouse. 18 14 IV ©cbeals. BY the ordeal or Dei judicium was meant in the Middle Ages a miraculous decision as to the justice or otherwise of an accusation or a claim, such ordeals, in which the most solemn rites of religion were associated with the public administration of justice, being generally accepted as conclusive evidence of guilt or innocence. In a people just emerging from ignorance and barbarism, the ordinary rules of evidence as accepted to-day were too complex to be appreciated, even if the magistrates possessed the necessary power of discrimination and execution. Some shorter and simpler process was required ; especially was some sign that appealed to the senses likely to carry con- viction. Still better if such sign indicated in the popular imagination the interference of the Deity. What better evidence indeed could be desired as to the truth or otherwise of an accusation? How could an omniscient Deity, without whose knowledge not even a sparrow falls to the ground, remain indifferent if solemnly invoked by his own priests and worshippers ! Thus in course of time such ordeals became recognised by the legislature and regulated with minute exactitude. The accuser first of all swore to the truth of the charge, while the accused attested his innocence by oath. Then followed the necessary preparations for the ordeal. These included fasting, prayer, priestly adjuration and the administration of the Holy Communion with the words " Corpus hoc et sanguis Domini nostri Jhesu Christi sit tibi ad probationem hodie," may this body and blood of our Lord Jesus Christ prove thee innocent or guilty this day. 19 In Anglo-Saxon times the ordeal took one of four forms : i. The accused was required to eat the corsnet or cake of barley bread, while the priest prayed that, if guilty, the •5 THE TRIAL BY COMBAT AT READING ABBEY accused might tremble and look pale, and that, when he at- tempted to chew, his jaws might be fixed and the bread ejected from his mouth. 2. In the ordeal of immersion the accused was stripped of his clothes, and his hands tied crosswise to his feet. Then a cord was fastened round his waist, and he was slowly lowered into a pool. If he sank, he was pronounced innocent ; if he had the misfortune to float, his guilt was clear and he was handed over to justice. 3 . For the ordeal of hot water a fire was kindled under a cauldron of water in a remote part of the church, and a stone or piece of iron placed at the bottom. Meanwhile the priest chanted the Litany. As soon as the water reached boiling point the accused plunged his naked arm into the cauldron and brought out the stone or iron. The arm was immediately wrapped in a clean cloth and sealed with the seal of the church. After three days the seal was broken and the bandage unwound ; if the skin had perfectly healed, the accused was adjudged innocent. 4. For the ordeal by hot iron an iron weighing from one to three pounds was placed on hot coals just as Mass was begun. At the last collect the iron was removed from the fire, when the accused seized it in his hand, carried it for a measured distance equal to nine of his own feet and threw it down. The treatment of the burn and the indications of guilt or innocence were the same as in the ordeal by hot water. After the Norman Conquest a fifth form of ordeal was introduced which had hitherto been unknown to the Anglo- Saxons, viz. the ordeal of the judicial duel or trial by combat. By William the Conqueror's legislation all these forms of ordeal appear to have been recognised. The old law of England retained its primary place, while Norman law was introduced for exceptional cases, and at first for the benefit of Frenchmen only. But by degrees the trial by battle became fashionable, 20 even in cases where only Englishmen were concerned, and all the original Norman minutiae were re- tained. This form of ordeal embodied some of the features 16 ORDEALS of chivalry and doubtless appealed to a people of a warlike spirit more than did the earlier ordeals so closely associated with priestcraft. By the middle of the twelfth century the trial by battle had become the fashionable form of ordeal, and was the one adopted to settle the dispute between Henry of Essex and Robert of Montfort. For the defeated there was no appeal from what was regarded as judicium Dei. Vae victo. We may well feel amazed at the folly of our ancestors in pronouncing a man guilty unless cleared by a miracle, and in expecting that the laws of Nature would be suspended by Providence in order to save an innocent man. Such combats declared no impartial judgment but the might of the strongest, and often ended in a way clearly contrary to justice. Never- theless such ordeals were sanctioned and approved both by the Crown, the Church and the people. To-day we know better than to believe that Heaven unquestionably gives victory to the innocent party ; else the martyrs of the Church would be proved guilty by their death. Later on indeed these ancient ordeals were condemned by the Church, and gradually went out of use, while the trial by battle lived on, surviving in the Statute Book long after it had been forgotten in practice, till it was formally abolished in the year 1819. 17 V Hbe XTrial b£ Combat NOT far from the River Gate of the " Royal and Noble Monastery of Reading " is situate an eyot bathed by the " silver streaming Thames," amongst green pastures dotted with sheep and cattle, and sparkling with cowslips, kingcups and buttercups. 21 To the North and the South rise gentle hills enclosing the valley of the Thames and formerly fringed with forests stretching for many miles up and down the river. Above this eyot towered the massive walls of King Henry Beauclerc's foundation, which kept watch and ward over the village of Radingia nestling under its shadow. There dwelt the brethren whom William of Malmesbury eulogizes as " a noble pattern of holiness and an example of unwearied and delightful hospitality." Over its portals hovered the Angel of Mercy administering relief from a never failing treasury to the poor, the sick, the pilgrim, the leper. Ever within the sacred aisles rose the glorious service of praise to the Almighty and of intercession for the sins of mankind. This eyot has won an immortal place in history as the scene of a duel a outrance. The charge of treason which Robert of Montfort brought against Henry of Essex referred to the incident during the battle of Coleshill, which has already been described. King Henry took no notice of the alleged act of treachery at the time, apparently attributing it to sudden terror and not to wilful or criminal misconduct. But so odious an accusation, in- volving a capital crime, proved too serious to be permanently overlooked, and as each party accused the other, King Henry decreed that the truth must be elucidated by a trial by combat. On March 31, 11 63, King Henry presided over the Curia Regis held at Windsor at which Robert of Montfort formally appealed Henry of Essex of treachery at the battle of Coleshill six years before. In the quaint phraseology of the period 18 THE TRIAL BY COMBAT hoc offert probare versus eum per corpus suum, "he offers to prove the same by his own body." Essex on the other hand protested his innocence, and hoc offert defender e per corpus suum, " he offers to rebut the charge by his own body." Whereupon consideratum est quod duellum sit inter eos et Henricus det vadium dejendendi se et Robertus probandi, " it was decided that there should be a duel between them, and that Henry would give a pledge that he would defend himself and that Robert would prove his charge." Veniant tali die armati, " let them come armed on such a day." 22 Gloves were then exchanged as a symbol of plighted faith and of the challenge and acceptance, while the parties found " wads " or pledges, i.e. neighbours became bail for their due appearance. This giving of "wads" was described as vadiare bellum, " to wage battle," whence is derived the name " wager of battel " by which the judicial combat was known to English law. 23 The King appointed that the trial by battle should take place on April 8th at Reading, to which town he himself pro- ceeded, accompanied by the great nobles of the realm. From all points of the compass flock crowds of sightseers. Some would be lodged at the Hospitium of St. John, some in the humble cottages of Radingia ; others doubtless brought tents and pitched them under the willows bordering the Thames. Our authority for the duel is the story told by Essex himself in the Abbey of Reading to Abbot Samson of St. Edmundsbury, who doubtless rejoiced in such a tribute to the glorious King and martyr Edmund. Carlyle retells the tale in a stirring passage and shews how the unjust Standard-Bearer becomes a lamed soul which cannot fight. " And it came to pass, while Robert de Montfort thundered on him manfully with hard and frequent strokes, and a valiant beginning promised the fruit of victory, Henry of Essex, rather giving way, glanced round on all sides ; and lo, at the rim of the horizon, on the confines of the 19 THE TRIAL BY COMBAT AT READING ABBEY River and land, he discerned the glorious King and Martyr Edmund, in shining armour, and as if hovering in the air ; looking towards him with severe countenance, nodding his head with a mien and motion of austere anger. At St. Edmund's hand there stood also another Knight, Gilbert de Cereville, whose armour was not so splendid, whose stature was less gigantic ; casting vengeful looks at him. This he seeing with his eyes, remembered that old crime brings new shame. And now wholly desperate, and chang- ing reason into violence, he took the part of one blindly attacking, not skilfully defending. Who while he struck fiercely was more fiercely struck ; and so, in short, fell down vanquished, and it was thought slain. As he lay there for dead, his kinsmen, Magnates of England, be- sought the King, that the Monks of Reading might have leave to bury him." 24 Under the care of the monks he recovered and eventually joined that famous community of brethren. As a result of his defeat Henry of Essex was outlawed and his great fief was added to the Crown demesne. 25 Let us attempt to reconstitute the scene of this historic duel, as represented in Mr. Harry Morley's picture now hanging in the public Art Gallery at Reading. The frontispiece to this booklet, reproduced from the picture, gives a general impression of the scene, although owing to the absence of colour much of the vividness of the original is lost. Imagine then an eyot in the Thames, long, low and narrow, separated from either bank by enough water to make any effort by partisans to interrupt the combat difficult, nay impossible, without boats or barges. All craft of any size would be secured by the King and Abbot, and presumably moored alongside the island under armed guard. A barrier surrounds the lists, for the occasion was suffi- ciently near the days of the Norse " holmgang " and " enhazelled fields " of battle to have been influenced by early traditions. Commanding the lists are two daises at the 20 THE TRIAL BY COMBAT western end, the taller one for the King, the lower for the Abbot, screened from the weather by " baudekins " and surrounded by royal guards. King Henry II. is seated on his dais, with the nobles of his court on his left. To his right sits Roger, Abbot of Reading, surrounded by monks. In the sky above are seen St. Edmund with starved Gilbert de Cereville by his side. At a table immediately in front of the King sits the clerk of the court, while just behind him are two sergeants of the King armed with billhooks, acting as a body-guard. Near to the clerk of the court is seen the priest ready to assist the defeated combatant. Beyond the group of monks is the tent of Montfort with a crowd of supporters, while on the left of the picture and in the fore- ground are the tent and supporters of Essex. Beyond the river in the distant background rises the Abbey church, with a huge central tower and west front. Within the lists are seen the two combatants : Henry de Essex, wounded and defeated, has fallen to the ground, having lost both shield and sword, while his adversary Robert de Montfort stands lost in wonder at the unexpected turn of events. At judicial duels principals almost certainly fought on foot ; the only record makes no allusion to horses, while the site in the Thames makes it difficult to believe that horses were used. The genius of our race had already begun to assert itself, and throughout the whole of the Middle Ages Englishmen at almost every battle of importance fought on foot. These combats of men armed cap-a-pie were tests of endurance and of hardihood. Thus in Mallory's Morte a" Arthur knights butt one another like rams, and wrestle and thump until one or other is thrown. Such contests between well armed and well matched combatants might last for hours, and at times men died of exhaustion with scarcely a wound. So long as a combatant kept his temper down and his shield up there was little chance of injury, the conical steel cap, well wadded with washleather, deadening the blows above the shoulders, while the long curved shield covered its bearer from chin to knee. THE TRIAL BY COMBAT AT READING ABBEY Occasionally, as when Essex saw the apparition of the martyr King and Saint and of his dead victim, some inward pang stung a fighter to impatience and provoked him to .bring the long hours of foining and " tracing " to a swift conclusion. Then he would throw his shield over his shoulder, grasp his sword in both hands, and, holding his dagger between his teeth, strive to beat down his enemy's guard and force his way in to closer grips. The risk was extreme. If his foe warily retreated and avoided his weighty strokes, or received them on his buckler the exhaustion of the effort left the attacker at the mercy of the attacked, who would set about him briskly and inflict some wounds before he could rearrange his shield. Such seems to have been the issue of the duel in question. The uncontrolled fury of Essex exhausted itself in frantic strokes and rushes while de Montfort calmly awaited the moment for attack, and speedily finished the struggle by a few disabling wounds. At the word of the King, the priest is admitted into the hitherto jealously guarded enclosure, and, kneeling beside the fallen man, makes his submission known, or in case of need administers extreme unction. In the picture the King is seen robed in a fur-lined mantle with a long tunic, his head being covered with the cap of a Count of Anjou and Norman crown. The Abbot and monks are seen wearing black Cluniac habits. St. Edmund is shewn with a crown mounted with crosses, a coat of scale armour, a sword and arrows, the arrows being his saintly attribute. The line round his neck denotes that he was beheaded. Gilbert de Cereville, a person of less importance than St. Edmund, is represented of smaller stature ; his emaciation recalls one of Essex's crimes. Both combatants are wearing coats of chain mail, hoods and leg pieces, with round helmets, gloves and surcoats ; they are armed with sword and shield. The period of the duel corresponds roughly with the transition from the long kite-shaped shield, to the shorter triangular form. Essex's shield belongs to the latter type which was carried on the fore-arm, and is charged " arg, a fesse dancette gu " ; the charge is repeated in his surcoat. Montfort carries a shield of the older pattern which was held by thrusting the whole arm through the shield. This shield is charged " bendy of ten or az." ; the same device appears on the surcoat. 22 TLhe /Iftonfc at IReabing Hbbe£. A SLOW and mournful procession might be seen on the evening of April 8th, 1163, as the wounded and unconscious Essex was borne on his shield from the scene of battle to the famous monastery which the great Henry Beauclerc had founded about forty years ago. Doubtless the King with his nobles, Abbot Roger with his brethren and the victorious Robert of Montfort joined in the procession which wended its way through the River Gateway, past the famous Hospitium and round the North side of the splendid Abbey church which was nearly ready for its " Hallowing " in the following year by Archbishop Becket. At last the Infirmary, the infirmatorium monachorum, was reached where the precious burden was deposited and entrusted to the Infirmarian. The grievous wounds received from the mighty blows of de Montfort would be carefully dressed with salves made from herbs grown in the adjacent herb-garden. Amid the peaceful surroundings of the In- firmary, Essex doubtless soon regained consciousness. As soon as he had sufficiently recovered from his wounds he was doubtless clothed in the habit and cowl of a monk and en- trusted to the master of the novices, who would teach him the practices of the religious life. At the end of the novitiate, a day was appointed for the taking of vows, after which solemn ceremony the candidate received the kiss of peace as a token of his reception into the full charity of brotherhood. It was a strange fate that converted the famous Royal Constable, the hereditary Standard-Bearer of England, into one of the brethren of Reading Abbey ! The gleaming helmet, hauberk, lance and shield were exchanged for the black Cluniac robe and cowl, the military pomp and excitement of tourna- 23 THE TRIAL BY COMBAT AT READING ABBEY ments and court life for the peaceful, studious life of a monk, the blare of the trumpet for the chants of the choir, the service of the king for the service of the King of kings. Doubtless it was true of his new life as of the old that militia est vita hominis super terrain, " the life of man upon the earth is a warfare." But the new warfare was against the world, the flesh and the devil, to be fought with spiritual weapons. What memories of his past life must have crowded upon him as he joined in the services of the Church, or minis- tered to the lepers in the hospital of St. Mary Magdalene, or entertained the pilgrims in the noble Hospitium of St. John. The lesson, however, seems to have been well learned since, in Jocelin's words, " he wiped out the blot upon his previous life under the regular life, and in his endeavours to cleanse the long week of his dissolute life by at least one purifying sabbath so cultivated the studies of his virtues as to bring forth the fruit of happiness." 24 TLhc Epilogue. IF historical associations rank amongst the most precious possessions of a community, Reading may indeed be counted as amongst the most favoured of towns. Her annals are inextricably interwoven with the religious, political and social history of the British nation. Her citizens have played a worthy part in the building up of England. May her past achievements prove a perpetual stimulus to high ideals of civic life and civic work ! Happily— in spite of medieval vandalism and modern cupidity — Reading retains memorials and institutions which recall the many centuries that have passed since the beginnings of Radingia, and serve to illustrate for the rising generation the development of education, of art, of science, of industry, of music, of poetry. All such memorials and institutions should be preserved with jealous affection, since they form instructive object lessons for both young and old. It is no small privilege to be able to linger on the spot where in 1136 King Henry Beauclerc was laid to rest, where in 1 1 64 the great Archbishop Becket dedicated the Abbey Church to the worship of God for ever and ever, where in 1 185 Heraclius, Patriarch of Jerusalem, kneeled before Henry of Anjou imploring him to undertake a crusade in order to rescue Jerusalem from Saladin, where ca. 1240 the musical though anonymous monk wrote down " Sumer is icumen in " for our perpetual delight, where in 1359 John of Gaunt was married to his fair cousin Blanche of Plantagenet in the presence of Edward the Third, and where in 1539 the last Abbot of Reading, Hugh Faringdon, was martyred pro Chris to et ecclesia. The spot especially associated with the memory of the trial by combat is the little green eyot still bathed by the silvery Thames, which was once stained by the blood of Henry 2 5 THE TRIAL BY COMBAT AT READING ABBEY of Essex. Who can think of that eyot without recalling the days when so-called justice was administered by the barbarity of a duel a outrance ? Strange that our forefathers could have tolerated such a brutal arbitrament between right and wrong. In the particular trial by combat beneath the shadow of Reading Abbey right doubtless triumphed. But there is not always a St. Edmund hovering in the air, '' nodding his head with a mien and motion of severe anger " against the guilty party. The absurdity of such a judicial system is indeed apparent when it is remembered that rich men were actually allowed to hire an expert champion to fight for them ; thus was the poor man heavily handicapped in his appeal for justice. The strongest arm or the deepest pocket usually won the day. Well it is that those days have gone for ever. During the seven hundred and fifty years that have elapsed since the trial by combat in 1163, the administration of justice has made vast strides. Then too often might was right. Happily we may boast to-day, with at any rate some approximation to truth, that la legge e uguale per tutti, "the law is the same for all." 26 IRotee. 1 " Chronica Jocelini de Brakelonda," ed. by Rokewood, p. 50 ; " Chronicle of Jocelin of Brakelond," ed. by Clarke, p. 102. 2 For further details cf. Freeman, " Norman Conquest " (1869), III., p. 9 ; (1876), V., 734 ; J. H. Scott, The family of " de Essex," Berks, Bucks and Oxon. Archatol. J., Vol. XXIV. (1918), p. 63 ; Fowke, " The Bayeux Tapestry," p. 48 (PI. XXXII.). 3 Cf. " Rayleigh Castle," by E. B. Francis, " Transactions of the Essex Archaeological Society," Vol. XII. * According to Dugdale, Henry de Essex had a brother Hugh de Essex, who resided at Rivenhall, a manor forming part of the estate of his grand- father Sweyne de Essex. It is in the descendants of this Hugh that the family continued to survive in the male line for nearly 500 years. The last representative of this line was Sir William Essex, Baronet (created Nov. 25, 161 1) of Bewcott or Beckett House, near Shrivenham, Berks, whose daughter Lovise, or Louise, Essex, on the death of her brother Col. Charles Essex, slain at the Battle of Edgehill, 1642, became his representative. With the descendants of this lady rests the honour of representing this branch of the family at the present day. s Camden, " Britannia," ed. by Gough, I., p. 364. 6 Eyton, " Court and Itinerary of King Henry II." Cf. Index s. Con- stabularii Regis. Charters granted by Essex are rare. One or two are printed in the " Colchester Cartulary." 7 J. H. Round, " The King's Serjeants and Officers of State," p. 76. Carlyle (" Past and Present," Ch. XIV.) speaks of Henry de Essex and Robert de Montfort as Earls, but gives no evidence of such a dignity. 8 The office of Constable under Henry I. and Stephen was held by Robert de Vere who gained this office by his marriage with Adeline the daughter of Hugh de Montfort and sister of Robert de Montfort, as recorded in the Pipe-Roll of 1130. She also brought him, with that office, the great " Honour of Hagenet " (i.e. Haughley, co. Suffolk), held at the time of Domesday by Hugh de Montfort, who was also of note in Kent. After Henry de Essex's forfeiture, this " Honour " was known in the hands of the Crown as " Honor Constabulariae," apparently indicating that it carried with it the constableship. Cf. Round, " The King's Serjeants," p. 81 ; " Geoffrey de Mandeville," p. 326. 9 Stubbs, " Constitutional History " (1897), Vol. I., p. 491. ro " Past and Present," Ch. XIV. 27 THE TRIAL BY COMBAT AT READING ABBEY 11 Dugdale, " The Baronage of England," Vol. I., p. 463. The Alice of whom Dugdale speaks as the wife of Henry de Essex was probably the wife of one Robert de Essex, possibly a young brother. Round, " Geoffrey de Mandeville," p. 391. 12 According to Dugdale (" The Baronage of England, Vol. I., p. 407) Hugh de Montfort was a son of a Norman, Thurstan de Bastenbergh, and after the Conquest was appointed with William Fitz-Osberne and Odo, Bishop of Bayeux, to administer justice throughout the whole Kingdom. For these services he was awarded several Lordships in Kent, Essex, Suffolk and Norfolk, including Saltwood near Hythe. Eventually he lost his life in a duel with Walcheline de Ferrers, leaving a son and heir Hugh (II.). Hugh (II.) by his first wife had two sons — Robert and Hugh (III.). Robert became general of the army under King Rufus, but was subsequently charged with disloyalty to King Henry I. Eventually he obtained permission to go to Jerusalem, leaving all his possessions to the King. He presented to the Abbey of Bee the churches of Montfort, Appeville and Froulencourt, that of Appeville being in the canton of Montfort sur Risle. Both he and his brother Hugh are stated by Dugdale to have died on a pilgrimage without issue. Dugdale apparently means without male issue, since he goes on to sav that Robert left a daughter by a second wife, who married Gilbert de Gant, and left a son called Hugh, who assumed the name of Hugh de Montfort (IV.) after his mother, " who was so great an inheritrix." Hugh (IV.) married Adeline, daughter of Robert, the Earl of Mellent.and joined with her brother Waleran and other supporters of William son of Robert Curthose in a conspiracy against King Henry I. in the year 1124. Eventually these conspirators crossed over into Normandy where Hugh was taken prisoner together with his brother-in-law Waleran, and kept for many years in prison. He left two sons, Robert who defeated Henry de Essex in the trial by battle, and Thurston, together with two daughters, one of whom was named Adeline. '3 Eyton, " Court and Itinerary of Henry II.," p. 34. J 4 Norgate, " England under the Angevin Kings," Vol. II., p. 138. '5 " G. de Mandeville," p. 327. 16 Coleshille, i.e. the " coal hill," according to Giraldus Cambrensis ; also called Consilt. According to F. M. Stenton the exact site of the Flint- shire Coleshill is not known. It was, however, remembered in the 14th century and formed a stage on the main road from Chester to Conway laid down in the Gough Road Map in the Bodleian Library. 17 According to Lord Lyttleton Henry of Essex himself uttered the cry. " History of King Henry II," Vol. II., p. 384. For further details of the battle, cf. Lloyd, " A History of Wales," Vol. II., p. 498. 18 If Henry of Essex really displayed cowardice, it seems strange that the fact was hushed up for six years. Salzmann thinks it more probable that Robert based his accusation on some flying rumour and that the result of the duel 28 NOTES was unjust, than that King Henry should have condoned the Constable's cowardice and allowed him to continue in honour at his court. L. F. Salzmann, " Henry II." (1914), p. 32. J 9 J. Lingard, " The Anglo-Saxon Church," Vol. II., p. 133. 20 Freeman, " Norman Conquest " (1876), Vol. V., p. 873. 21 The island still termed " De Montfort Island " lies just below Caver- sham Bridge. 22 This form of words appears frequently in Bracton's Note Book, ed. by F. W. Maitland, passim. According to Hutton (St. Thomas of Canterbury, p. 127) Robert de Montfort on the night before the duel kept vigil at the Soissons shrine of St. Drausius, the saint who renders combatants invincible. The distance from Soissons to Reading proves that there is some error in the date. 2 3 Neilson, " Trial by Combat," p. 37. *•* " Past and Present," Ch. XIV. It is interesting to compare St. Edmund's apparition with his appearance to King Swein in 1016. Cf. J. B. Mackinlay, St. Edmund, King and Martyr, p. 179. 2 5 Amongst Henry de Essex's possessions was Saltwood which had been granted by the Conqueror to Hugh de Montfort. It was recovered by Lanfranc in the great placitum on Pennenden Heath, was thereafter held by the Montforts from the archbishop as two knights' fees, was so held by Henry de Essex as their successor and seized by the Crown upon his forfeiture. Round, " Geoffrey de Mandeville," p. 326. Cf. also Eyton, " Court and Itinerary of King Henry II.," p. 254. 2<) 3nt»ey. H Abbey of Bee „ of Reading ... Abbot Hugh Faringdon Roger ,, Samson Adeline de Montfort Anjou , Henry of Archbishop Becket ,, Lanfranc „ Stigand ... ¥> PAGE 28 18-23, 26 2 5 21, 23 19 12 22, 25 23.25 29 7 35 Basingwerk ... ... ... 13.14 Bastenbergh, Thurstan de 28 "Baudekins" 21 Bayeux, Odo, Bishop of ... 28 ,, Tapestry ... ... 7 Bee, Abbey of 28 Becket, Thomas 8,9,23,25 Berengar, Count Raymond ... 9 Berners, Baroness ... ... 8 Brakelond, Jocelin of ... 7,25 Domesday Book Drausius, St. Duel, judicial Dux Haraldus Eadgyth, the Lady Earl, title of, wronel Edmund, St. ... Edmundsburv, St. Edward III., King Essex, Charles , , Earl of „ Henry de „ Henry de, Jun. Hugh de ,, Lady ... ,, Lovise ,, Robert de Sheriff of „ Sir William Swevne de PAGE 7. 8. 27 29 16, 18, 19, 21 applied 27 1 j, 19-22, 26 19 25 27 8 7, passim 10 10 10 27 7. 2" L $ Faringdon, Abbot Hugh 25 Cadwaller 13 Ferrers, Walcheline de 28 Cahors 9 Fitz-Wimark, Robert 7 Carlyle, Thomas 9- J 9. 2 7 Caversham ... 29 Cereville, Gilbert de 10, 20-2 G Chester 13 Coleshille, ... 9, ri, 13, 18, 28 Gant, Gilbert de 28 Consilt 28 Gaunt, John of 25 Constable, office of S . 9, 12,23,27 Gilbert de Cereville ... 10, 20-2 Corsnet 15 Gloves, exchange of . . . 19 Curia Reeis ... 18 Gunnor 8 Curthose, Robert 28 Gwyneth, Owen •■■ 13. 14 INDEX 1b /lib PAGE Hagenet, Honour of ... 12,27 Malduit, William ... 1 r Hastings, battle of 7 Mallory Malmesbury, William of 21 Haughley, Honour of ... 12,27 18 Henry I., King 8, 23, 25 Mandeville, Geoffrey de 8 „ II., King ... 8, passim Maud, Empress 8 ,, de Essex j, passim Mellent, Earl of 28 ,, de Esssex, Jim. 10 Meredith, Madoc Ap •• !3 H Heraclius 25 Montfort, Church of 28 " Holmgang," Norse 20 ,, Island l 9 Honour of Haughley ... 12,27 ,, Hughde... '.'. 28 29 Hospitium of St. John 19.23,24 ,, Robert de 11, passim Hot iron, ordeal by ... 16 ,, sur Risle ... 11 28 „ water, ordeal by 16 Morley, H. 20 Hugh de Essex 10 Morte a" Arthur 21 deMontfort ... ... 28, 29 3 1R Immersion, ordeal by 16 Normandy, William of 7 Infirmary, the Island, de Montfort 23 29 Northampton, Council at !3 3 © Judicial duel . . . Judicium Dei 16, 18, 19, 21 ••• 15. 17 Odo, Bishop Ordeals ■• 15 28 16 Ik Oxford, Earl of 8 King Edward III. 25 „ Harold 7 IP ,, Henry I. 8. 23, 25 ,, Henry II. 8, passim Pennenden Heath 29 „ Louis VII. ... 9 Plantagenet, Blanche of ... 25 ,, Rufus 28 Prittlewell Priory 8 ,, Stephen ... 8,12 ,, Swein 29 „ William I. 11, 12, 16,29 1R % Radingia Rayleigh, Baron of ... c8, 19 25 8 Lailand Hundred 10 ,, Castle 8 Lanfranc, Archbishop 29 Raymond of Toulouse 11 Leicester, Robert of 8 Reading ... 19 .25 Linton, Manor of 10 ,, Abbey 18-23 ,26 Louis VII., King 9 Riganea 8 Lovise Essex 27 Risle, Montfort sur ... ... 11 ,28 Lucy, Richard of 8 Rivenhall 27 II INDEX PAGE PAGE Robert de Essex 8 Swein, King ... ... 2 q ,, de Montfort n, passim Swevne de Essex ... ... 7 27 Roger, Abbot Round, J. H. Ruddlan 21,23 12,27 XL Rufus, King 28 Talbot, Richard I0 s Thorney, monks of ... ... XI Thurstan de Bastenbergh ... 28 Toulouse 9> ri) I4 Trial by combat ... 16, 18, 2( St. Drausius ,, Edmund ... 10, 19- 29 -22, 26 ,, Edmundsbury ... ,, Gilles, Count of 19 9 D ,, Mary Magdalene Hospital Saladin 24 2 S Vere, Robert de 12 Saltwood ... ... 8, Samson, Abbot 28, 29 r 9 TO Scots, King of Soissons Standard-Bearer, Royal 9 29 8-10, ' ' Wads, ' ' the giving of ... 19 " Wager of battel" ... 19 Walcheline de Ferrers ... 28 14. Stenton, F. M !9, 23 28 Waleran 11,28 Wales, expedition into 8, 13, 14 Stephen, King Stigand, Archbishop " Sumer is icumen in " 8, 12 7 25 William I., King n, 12, 16, 29 Windsor, Curia at ... ... 18 Woodstock, Charter given at 1 1 32 ■ PRINTED BY ■ POYNDER AND SON HOLYBROOK PRESS GUN ST. ' READING