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Imagine you're doing some yard work on a Saturday afternoon and installing some fencing in your
backyard.
Suddenly your neighbor shows up and claims that you installed the fence six inches too
far into his property.
Without warning he tosses a glove at your feet and brandishes a mace, challenging you
to a trial by combat to determine both of your property rights.
Sound extreme?
Well, for centuries this was just the way most land disputes were settled across Europe.
Hello and welcome to another episode of The Infographics Show- today we're taking a look
at trials by combat and asking, could you survive one?
Ancient European courts had various, and very imaginative, ways of determining innocence
or guilt in the absence of witnesses.
Trial by ordeal would see the accused undergo a difficult, painful, or perhaps life-threatening
ordeal, with innocence proven if one could successfully complete the task given them.
Trial by fire was, much like it sounds, a way of determining guilt or innocence by having
individuals brave roaring fires, or carry red-hot metal rods a set number of paces.
Lastly though, is the infamous trial by combat- perhaps the most straightforward way of determining
innocence or guilt between two parties.
In all of these cases it was believed that God himself would intervene on the innocent's
behalf, thus failure (or death), was a sign of God's judgement.
It seems people began to disagree as early as the 14thcentury though, with the emperor
of the Holy Roman Empire declaring that innocent men were being convicted just for being physically
weaker than their opponents.
Yet trials by combat remained in effect across Europe regardless for centuries.
Having their origins from the customs of the wild Germanic tribes, their popularity grew
as the Roman Empire declined, leaving a wild and lawless Europe in its wake.
They would remain popular up until the 17thcentury, with some of the last recorded trials by combat
taking place in Britain- though it wouldn't be until 1819 that they would be officially
abolished by Attorney General Samuel Shepherd who introduced the Trial by Battle Abolition
Bill.
In 2002 a 60 year old man given a traffic violation in Britain officially challenged
the British Driver and Vehicle Licensing Agency to a trial by combat to settle the matter,
proposing that the DVLA appoint a champion to fight in their stead and that the two would
fight with "samurai swords, Gurkha knives, or heavy hammers".
The fine in question?
25 pounds- though the DMLV would go on to fine him an extra 200 with 100 in costs.
But let's say we went back in time and you were summoned before the courts with your
innocence to be determined by a trial by combat- what could you expect?
Well, if the accusations against you are being levied by the state, the court might hire
a freelance champion or simply appoint a volunteer prisoner sentenced to death to fight you.
Prisoners who volunteered were often released after five successful trials by combat, though
other times they were hanged anyways.
Freelance champions were available not just to the courts, but to individuals as well,
with some wealthy nobles keeping a champion on retainer the same way a lawyer may be kept
on retainer by an individual or company today.
Armaments to be used varied across Europe, but typically swords, maces, or quarterstaffs
with sharpened metal points were provided for the combatants.
In some places though purposefully awkward and unwieldy instruments such as iron rods
curved into ram's horns were used.
Customs varied, but typically the combatants were forced to shave their heads and sometimes
allowed no armor whatsoever.
In other places they were allowed to wear only hardened leather armor with light gloves
on the hands, but the head and the legs below the knee must be exposed.
In preparation for the trial by combat, a squire was assigned to each combatant, and
these squires were responsible for the preparations for the event.
A 60 foot (18 meter) square was prepared, and the combatants took oaths against the
use of witchcraft or sorcery.
Then the trial would begin, typically at noon but sometimes at dawn.
Typically the trial required that one of the two combatants be dead or disabled, but in
the cases of civil suits or charges of murder, or treason, or the like, a defendant needed
to either kill or disable their attacker, or survive until sundown, at which point he
or she would be considered innocent.
That's right- she, because while most places excused women from trials by combat, not all
did.
It wasn't just women who were excused though, children, the old, and the infirm were typically
granted a pass, with trial by jury being the replacement.
Throughout the battle any of the combatants could cry out "craven", signaling their
defeat and the trial would end.
However many courts would then invoke outlawry, effectively expelling the individual from
the protection of the law and making it perfectly legal to kill or harass them with zero repercussions.
As civilization progressed outcry against trial by combat grew, with most of the citizenry
outright despising the concept as early as the 15thcentury, claiming it only rewarded
brutes and thugs.
Eventually trial by combat was replaced by the much more progressive trial by jury, though
amongst the nobility trials by combat became 'gentlemen's duels', which remained popular
well into the 19thcentury before being outlawed in most countries.
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With over 24,000 online classes, Skillshare has the tools you need today to face any trials
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The bible says "thou shalt not test the Lord thy God"- why then do you think ancient
Europeans thought God would really intervene and decide guilt or innocence?
Should we have trials by combat today?
What would they look like?
Let us know by commenting in the notes.
Also be sure to check out our other video, You vs Predator - Could You Defeat It?
We hope you've enjoyed this episode of The Infographics Show!
Please remember to like, share and subscribe.
See you next time!
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