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Eynon Nadine Ruth 1974.Pdf (9.855Mb) THE USE OF TRIAL BY BATTLE IN THE WORK OF SlR THOMAS MALORY AThesis Submitted to the Faculty of Graduate Studies in Partial Fulfilment of the Requirements for the Degree of Master of Arts in the Department of English by Nadine Ruth Eynon Saskatoon, Saskatchewan c.COpyright, 1974. N.R. Eynon The author has agreed that the Library, University of Saskatchewan, may make this thesis freely available for inspection. Moreover, the author has agreed that permission for-extensive copying of thtsthesis for scholarly purposes may be granted by the professor.or. professors who supervizedthethesis work recorded herein , or~ in theirabsence,.by the Head of the Department or the Dean of the College in which the thesis work was done. It is understood that due recognition will be given to the author of this thesis and to the University of Saskatchewan in any use of the material in this thesis. Copying or publication or any other use of the thesis for financial gain withotitapproval by the University of Saskatchewan and the author's written pennission is prohibited. Requests .for perml ssion to copy or to make other use of material in this thesis in whole or in part should be addressed to: Head of th~ Department of Engl ish, University of Saskatchewan, SASKATOON, Canada. ACKNOWLEDGEMENTS A scholarship from the Faculty of Graduate Studies at the University of Saskatchewan has provided the financial support to make this research possible. I wish to express my deep gratitude to Dr. C. Dean whose advice and jUdgment have been invaluable in the preparation of this thesis. I am also grateful to Dr. R. Harris, Dr.M. Swan, and Dr. M. Black for so kindly supplying translations of Icelandic, Latin, and French. Finally, I would like to thank Mr. P~J.C. Field for his learned advice and interest in this work. CONTENTS INTRODUCTION 1 CHAPTER I: TRIAL BY BATTLE ASA LEGAL INSTITUTION A. Definition 6 B. The History of Trial by Battle 14 C. Application of Trial by B'attle 26 D. Justification of Trial by Battle 48 E. Conclusion 53 CHAPTER II: DETERMINATION OF TRIALS BY BATTLE IN MALORY'S WORK 55 CHAPTER III: MALORY'S USE OF BATTLES 91 CHAPTER IV: THE ROLE OF TRIALS BY BATTLE INMALORY'S WORK A. Methods of Determining Justice 104 B. Arthur's Refusal to AlloW a Tri.al by Battle 127 C. Conclusion 134 APPENDIX A 139 APPENDIX B 144 BIBLIOGRAPHV 162 LIST OF TABLES TABLE·l (Key) 87 TABLE 1 88 TABLE2~ Quest Battles 89 TABLE 3: Revenge Battles 90 · INTRODUCTION In this thesis I will examine the use of trials by battle in the work of Sir Thomas Malory. In Chapter One, I will study the historical practice of judicial combat in order to provide a background against which Malory's fictional battles can be evaluated and, on the basis of this historical information, I will formulate a definition of trial by battle. In Chapter Two, Iwill apply the definition to the battles in Malory's work which are motivated by a sense of justice. In Chapter Three, I will examine Malory's use.of battles, generally, without reference to legal implications. In my last chapter, I will discuss the methods in Malory's work by which justice is determined, concentrating onth'e method of trial by battle. I will evaluate, as far as it is possible, the extent to which the decisions reached through trial by battle are just. Finally, Iwilldiscuss the incident inth~ last book where Arthur refuses Lancelotand Gueneverea trial by battle. I will examine the implications that thisrejectionofjudic;al combat have for the structure of Malory's work as a whole. Throughout this thesis, battles will be arranged in the order most convenient to each discussion, rather than ina 2 chronological order. Trial ·by battle is one of· the many forms of trial by ordeal, or judicium Dei, which was a widespread legal practice in the Middle Ages. In each case, the judgment of God was ascertained by the accused performing an act., such as walking on coals, holding a red-hot iron, plunging a hand or arm into boiling water, being thrown bodily into cold.water, touching the body of the murdered man, and many other acts. Some of these acts required a miracle to condemn the man; some required a miracle to save him. Frequently, ordeals IIderived their power from the influence exerted. on the mind of the patient. They were all accompanied with solemn religious observances, and the most impressive ceremonies of the Church were lavishly employed to give authority to the resultant decisions."l Judicial combat has been called trial by ordeal because God was expected to reveal his judgment by giving the victory to the innocent party. Thus, it was believed that, regardless of greater strength or skill, a guilty man would be unable to vanquish .his accuser. Medieval writers in Latin used the word IIduellum ll most lHenry C. Lea, Superstition and Force, Essays on The Wager of Law - The Wager of Battle- The Ordeal - Torture, 2nd ed. rev. (New·York, 1968),.p •. 223. 3 frequently to refer to judicial combat. 2 IIDuell urn" can mean IIbattl ell 3 which is preferable tollduel ll because it avoids the misleading implicationofa restriction to two combatants. As we shall see, judicial combats could .involve many people. In addition, a fourteenth century, Italian jurist used the phrase ";udicio duellari ll in his text.4 On the basis of this, it is reasonable to use the wordslltrial by" battle. George Neilson popularized the term "trial by combat" when he used it as the title of his major work on the subject. However, for a discussion of Malory, .afifteenth century, English writer, I prefer the term, "trial by battle" because the OED dates the word IIbattle ll before 1300, whereas "combatllwas not used until 1567. As far-as I have been able to determine, Malory does not use his source material for the incidents of trial by battle consistently. Ideally, I would like to find that he either consistently retains and· adds to the legalistic points in his sources, or that he consistently 2Ranu1fde G1 anvil1 e,. The Trea tiseon the l.aws and. customs of' the realm of En land'cOIII11on1 called.Glanvill, ed. with intro., notes and trans. G.D.G. Hal Lonon, 965,pp. 2 ,37, 38, 172; Henry of Bracton, De Le ibuset ConsuetudinibusAn liae. ed. G.E. Woodbine, trans.,. rev., and notes Samue •T orne, vo.II ew Haven t 1922), pp.386,391, 399; Andrew Horne, The. Mirrour of Justices, trans. W.H., of Gray,'s Inn, intro. Wi 11 iam C. Rob; nson (Washi ngton, D. C., 1903), p. 169; Borou9l! . Customs, ed.MaryBateson t vol. I, Selden Society, 18 (London, 1904J, p. 32. 3In OEDs.v. IIduel, II ancient form of Latin bell urn; tn A Latin Dictionary, '. founded on Andrews I edition of Freund i s Latin Diet;ona.ry , rev., enlarged, and in great part rewritten Charlton T. Lewis and Charles Short (Oxford, lsteeJ. 1879, impression 1966) s.v·. "bellum," 7, battle. 4Giovanni daLegnano t Trac:tatus DeBello, De Represaliis et De Duello, ed. Thomas Erski neHoll and (Oxford, 1917), p.187. 4 neglects legalistic points' already in his sources, indicating either that he was interested in and knowledgeable about these battles as trials, or that the judicial element was irrelevant to hi'm. I have relied primarily on Eugene Vinaver's· work for information about Malory's use of his French sources, and this, in addition to my own study of the English sources, is sufficient to show that Malory's handling of his source material for the trials by battle is not consistent. Therefore·, I cannot draw meaningful conclusions from it. Malory does sometimes add legal points to his account. For example, he adds that Guenevere's punishment for adulterous treason is to be burnt at the stake.5 On the other hand, he ignores the reason for thePope's intervention in this matter which, in his source, Mort Artu, is the legal point that Guenevere had not been provedguilty.6 Instead,· in Malory's work, the Pope intervenes out of IIcons ideracion of thegrete goodnes of kynge Arthur and of the hyghe prouesoffsir Launcelot. 1I7 This discrepancy is partly the effect of the fictional world of romance which sometimes obscures the more realistic world of legal actions and terminology. Thus,Malory alters the tale of torture and confession of the squires involved in the poisoning ofPatryse and, instead, he introduces the Damsel of the Lake, Nyneve, who, with her supernatural powers, rather than the crude method 5$ i r .Thc:illlas Mal ory • Thl!Work$ofSi r Thomas Mal or . ed. Eugene Vinaver,2nd ed. ,vol. III (Oxford,1967J ,p.1596•• At1 references to this edition in three volumes will be· footnoted. 6Ibid., p. 1622. 7Ihi d ., pp. 1194, 1622. 5 of torture, is able to expose the truth. Yet, even in his use of romance characteristics, Malory does not handle his sources consistently. When Lancelot, the romance hero in both French and English sources, is caught;n Gueneverels room, he boldly opens the door to his assailants. He tackles and defeats them all simultaneously. Malory1s hero is less a stereotyped romance hero; he is more prudent and relies on intelligence as well·asgreat strength. Thus, Malorylstancelot opens the door only partly so that no more than one man can enter. Lancelot easily overcomes·thisknightand is then able to arm himself with the dead man's armour beforebattling with. all the other knights. 8 The materi al relevant to Ma lory I s use of his sources, co 11 ated from Vinaver1s notes, will be found inAppendixA.
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