The trials or ordeals by fire and water were not always conclusive; for, in 1103, we find that one Luitprant, a Milanese priest, having accused his archbishop of simony, offered to make good his charge by walking through a fire; a feat which he performed to the amazement of all. However, as the accused was a prelate of distinction, the Pope absolved him, and very properly banished his impertinent accuser, who indeed, if strict justice had been done, ought to have been burnt alive as a wizard.
Our William of Normandy would not allow clerks to fight without due permission from their diocesan: “_Si clericus duellum sine episcopi licentiâ susceperit_,” _&c._
We have abundant authority to show that priests were very frequently expert fencing-masters, and as chaplains of the army were especially celebrated for their skill.
A singular trial by battle took place at Toledo, in 1085, to decide whether the Roman or the Muzarabic ritual was to be observed in the celebration of mass. Two champions were selected. Don Ruiz de Mastanza, the Muzarabic knight, unhorsed his adversary and killed him. But the Queen, who had a particular predilection for the trial by fire, insisted that it should be resorted to: now, as it was contrary to the laws of chivalry that the conquering knight should be sent to the stake, a copy of each liturgy was thrown into the fire; when, as it appears that both of them were consumed, the King decided that in certain churches and chapels prayers should be put up according to the Muzarabic ritual, and in others in conformity with the Roman.--The Muzarabic chapel, a most curious monument, may to this day be seen in the cathedral of Toledo.
Not only did the clergy order that these judicial battles should take place, but many instances are on record where they were instituted by several French parliaments. Under Philip de Valois, the parliament decreed that two knights, Dubon and Vernon, should endeavour to cut each other’s throats; the latter having asserted that the former had bewitched his sovereign. The same learned body ordered a man of the name of Carrouge to fight another man of the name of Legris, to prove to the satisfaction of the public that he had committed an act of violence towards Carrouge’s wife. Carrouge must have been right, for Legris was killed; though, according to President Henault, his innocence was afterwards fully substantiated by his accuser’s confession upon his death-bed. In another instance, a knight, by name Jean Picart, who was accused of an incestuous intercourse with his daughter, was directed to fight her husband.