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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. 


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By 
JAMIESON  B.  HURRY,  M.A.,  M.D. 


With  Frontispiece.         A" 


LON7DON:    ELLIOT     STOCK 
7  PATERNOSTER  ROW,  E.G. 

1919 


R 

l\ 


ti 


Gbis   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.  1163." 


1 


ICbe 


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. 


PAGE 

The  Prologue                 ...         ...         ...         ...  5 

I .     Henry  de  Essex              ...         ...         ...         ...  7 

II.     Robert  de  Montfort       n 

III.  The  Battle  of  Coleshill              13 

IV.  Ordeals 15 

V.     The  Trial  by  Combat    ...                     18 

VI.     The  Monk  at  Reading  Abbey  ...         ...         ...  23 

The  Epilogue                  ...         ...         ...         ...  25 

Notes       ...         ...         ...         ...         ...         ...  27 

Index      ...         ...         ...         ...         ...          ...  30 

^frontispiece. 

The  Trial  by  Combat. 


1 

be 


1 


combatants  form  the  dramatis  personce  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 

Rayleigh,  called  in  Domesday  Riganea?  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  Hythe,  an  ancient 
edifice  stated  to  be  of  Roman  origin.5  His  mother,  named 
Gunnor,  a  Bigod  by  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  by  the  Empress  Maud  to  the  Earls 
of  Oxford  and  of  Essex.6 

In  1154  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,7  and  generally  found  with  the  garrison  in  the  castle  or 
with  the  army  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  Royal  Constable. 

In  1156  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)  by  the  Chancellor,  Thomas  Becket,  who 
for  the  first  time  appeared  in  the  character  of  a  judge.9 

When  King  Henry  undertook  his  expedition  into  North 
Wales  in  1 157,  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 


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  wras  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.  1156  by  Henry  II.  to  Richard  Talbot  of  some  land  in  the 
Manor  of  Linton  in  Herefordshire.  Both  of  these  sons  were 
knights. 


10 


F 


/    / 

11 

IRobert  6e  /Ifcontfort. 


EW  biographical  details  are  known  of  the  second 
combatant,  Robejt  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  1158  by  Henry  II. 
at  Woodstock,  conferring  a  barony  on  William  Malduit.13 

Robert  de  Montfort  next  appears  in  history  as  taking  part 
in  the  wars  of  1173  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 


ii 


THE   TRIAL  BY  COMBAT  AT    READING  ABBEY 

Both  these  houses  were  conspicuous  in  the  earlier  risings  of 
the  feudal  baronage  against  the  repressing  policy  of  William 
and  Henry  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.15 


12 


r     '     r 

III 

ttbe  Battle  of  (lolesbill. 


1 


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 


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 


IP 
©rbeals. 


BY  the  ordeal  or  Dei  judiciitm  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.10 

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 


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. 


Y> 

ZIbe   TErial   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  entrance. 

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,  1163,  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  del  vadium  defendendi  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  battcl  "  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 


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  w^hile  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  n  and 
"  enhazelled  fields  "  of  battle  to  have  been  influenced  by 
early  traditions.  Commanding  the  lists  are  two  daises  at  the 


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  wash  leather,  deadening  the  blows 
above  the  shoulders,  while  the  long  curved  shield  covered 
its  bearer  from  chin  to  knee. 


21 


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  often  or  az."  ;  the 
same  device  appears  on  the  surcoat. 


22 


PI 
ILbe  /Iftonfe  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- 


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 
milicia  est  vita  hominis  super  terram,  "  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 


ITbe  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  1164  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 
Christo  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 

25 


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  entrance  ?  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 
wras  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 


IFlotes. 


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.  ArchaeoL  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. 

1  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, 
1611)  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. 

5  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 
tie  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. 

10  "  Past  and  Present,"  Ch.  XIV. 


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  say 
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. 

X3  Eyton,  "  Court  and  Itinerary  of  Henry  II.,"  p.  34. 

J4  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   i4th 
century  and  formed  a  stage  on  the  main  road  from  Chester  to  Comvuy  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 


TV  O   T  E  S 

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. 

19  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. 

23  Neilson,  "  Trial  by  Combat,"  p.  37. 

24  "  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. 

25  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  placitinu  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. 


29 


H 

Abbey  of  Bee 

,,       of  Reading 
Abbot  Hugh  Faringdon 

Roger 

,,        Samson 
Adeline  de  Montfort 
Anjou,  Henry  of 
Archbishop  Becket 
,,  Lanfranc 

Stigand... 


Basingwerk    . . . 
Bastenbergh,  Thurstan  de 
"  Baudekins  " 
Bayeux,  Odo,  Bishop  of 

,,          Tapestry 
Bee,  Abbey  of 
Becket,  Thomas 
Berengar,  Count  Raymond 
Berners,  Baroness 
Brakelond,  Jocelin  of 


C 

Cadwaller 

Cahors 

Carlyle,  Thomas 

Caversham 

Cereville,  Gilbert  de 

Chester 

Coleshille, 

Consilt 

Constable,  office  of 

Corsnet 

Curia  Regis    . . . 

Curthose,  Robert 


ID 


PAGE 

PAGE 

28 

Domesday  Book 

7,8,27 

18-23,  26 

Drausius,  St. 

29 

don 

25 

Duel,  judicial              ...  16, 

18,  19,  21 

...   21,23 

Dux  Haraldus 

7 

19 

12 

B 

...   22,  25 

•••    23,25 
on 

Eadgyth,  the  Lady    ... 

7 

"^         Earl,  title  of,  wrongly  applied          27 

Edmund,  St.  ...               10, 

19-22,  26 

Edmundsbury,  St.    ... 

19 

Edward  III.,  King    ... 

25 

Essex,  Charles 

27 

Earl  of 

8 

an  de 

...    13,  14 
28 

Henry  de 

7,  pas  si  HI 

...             21 

Henry  de,Jnn. 

IO 

)  Of 

28 

Hugh  de 

IO 

•j 

Lady  ... 

IO 

1 
28 

Lovise 

27 

Robert  de 

8 

,  9>  23,  25 

Sheriff  of       ... 

7 

/monci 

9 
8 

Sir  William   ... 

27 

r 

...     7,25 

Sweyne  de 

...    7,27 

Jf 

Faringdon,  Abbot  Hugh 

25 

13 

Ferrers,  Walcheline  de 

28 

9 

Fitz-Wimark,  Robert 

7 

9,  !9,  27 

29 

IO,  2O-2 

(3 

13 

9,  ii, 

I3,l8,28 

Gant,  Gilbert  de 

28 

28 

Gaunt,  John  of 

25 

"8,9, 

12,23,  27 

Gilbert  de  Cereville  ... 

IO,  2O-2 

15 

Gloves,  exchange  of  ... 

19 

18 

Gunnor 

8 

28 

Gwyneth,  Owen 

...  13,  14 

3C 


INDEX 


1b 

Hagenet,  Honour  of  ...   12,  27 

Hastings,  battle  of  ...           7 

Haughley,  Honour  of  ...   12,  27 

Henry  I.,  King         ...  8,23,25 

,,        II.,  King       ...  8, passim 

„       de  Essex        ...  7, passim 

„        de  Esssex ,  Jun .  ...         i o 

Heraclius        ...         ...  ...         25 

"  Holmgang,"  Norse  ...         20 

Honour  of  Haughley  ...  12,27 

Hospitium  of  St.  John  19,  23,  24 

Hot  iron,  ordeal  by  ...  ...          16 

,,     water,  ordeal  by  ...          16 

Hugh  de  Essex          ...  ...          10 

,,      de  Montfort 28,29 


Malduit,  William 

Mallory          

Malmesbury,  William  of 
Mandeville,  Geoffrey  de 
Maud,  Empress 
Mellent,  Earl  of 
Meredith,  Madoc  Ap 
Montfort,  Church  of 
„          Island 

Hughde... 
,,          Robert  de 
,,          sur  Risle  ... 
Morley,  H. 
M or  te  <f  Arthur 


1 1 


PAGE 
II 
21 

18 


28 

'28 

*9 

28,29 

,  passim 
11,28 

20 
21 


Immersion,  ordeal  by 
Infirmary,  the 
Island,  de  Montfort 


16 

23 
29 


Normandy,  William  of         ...  7 

Northampton,  Council  at     ...         13 


Judicial  duel 
Judicium  Dei 


Ik 


King  Edward  III. 
Harold 
Henry  I. 
Henry  II. 
Louis  VI I.       ... 
Rufus 
Stephen 
Swein 
William  I. 

X 

Lailand  Hundred 
Lanfranc,  Archbishop 
Leicester,  Robert  of 
Linton,  Manor  of 
Louis  VII.,  King 
Lovise  Essex 
Lucy,  Richard  of 


16,  18,  19,  21 
...  15.  17 


25 

7 

8,23,25 

8,  passim 

9 

28 

...     8,  12 

29 

n,  12,  16,  29 


IO 

29 

8 

IO 

9 
27 


Odo,  Bishop 
Ordeals 
Oxford,  Earl  of 


Pennenden  Heath 
Plantagenet,  Blanche  of 
Prittlewell  Priory 


1R 

Radingia 

Rayleigh,  Baron  of    ... 

,,          Castle 
Raymond  of  Toulouse 
Reading 

,,       Abbey 
Riganea 

Risle,  Montfort  sur  ... 
Rivenhall 


28 
l6 


29 
25 


18,  19,  25 


ii 

...  19,25 

18-23,  26 

8 

...  11,28 

27 


INDEX 


Robert  de  Essex 

,,     de  Montfort 
Roger,  Abbot 
Round,  J.  H. 
Ruddlan 
Rufus,  King 


St.  Drausius 

,,   Edmund  ... 

,,    Edmundsbury 

,,    Gilles,  Count  of 

,,    Mary  Magdalene  Hospital 
Saladin 
Saltwood 
Samson,  Abbot 
Scots,  King  of 
Soissons 
Standard-Bearer,  Royal 

Stenton,  F.  M. 
Stephen,  King 
Stigand,  Archbishop 
"  Sumer  is  icumen  in  ' 


PAGE 

PAGE 

8 

Swein,  King 

29 

1  1  ,  passim 

Sweyne  de  Essex 

...     7,27 

...    21,  23 

...    12,27 

TT 

H 

28 

Talbot,  Richard 

10 

Thorney,  monks  of  ... 

II 

Thurstan  de  Bastenbergh 

28 

Toulouse 

9,  n,  14 

29 

Trial  by  combat 

16,  18,  26 

10,  19-22,  26 

19 

D 

9 

ospital         24 

Vere,  Robert  de 

12 

25 

8,  28,  29 

TRH 

19 

9 

"  Wads,"  the  giving  of 

I9 

29 

"  Wager  of  battel  " 

19 

...  8-10, 

Walcheline  de  Ferrers 

28 

14.  19,23 

Waleran 

...    11,28 

28 

Wales,  expedition  into 

8,  13,  H 

...      8,12 

William  I.,  King         n, 

12,   16,  29 

7 

Windsor,  Curia  at 

18 

'      ...         25 

Woodstock,  Charter  given 

at           ii 

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