20. The emergence of the jury system brought an end to trial by combat
By the beginning of the 14th century, the legal profession and the practice of trial by jury gradually brought about an end to the practice of trial by combat, though several occurred into the 16th century. The opposition of the Church to the practice rendered it unpopular with courts and magistrates. Nonetheless, many nobles and minor nobles, such as Jean de Carrouges, demanded it as their birthright. The last known legally sanctioned judicial combat in France took place in in the mid-16th century. In Britain, the last likely occurred in 1597. Other proposed wagers of battle in Britain were circumvented by the intervention of the monarch, including Elizabeth I and Charles I during their reigns. Certainly, the most well-remembered of all trials by combat remains the affair of Jean de Carrouges and his slaying of Jacque Le Gris.
In the centuries since, some scholars have argued that Le Gris was unjustly maligned by Carrouges, whose motives seemed to be the removal of a rival from court, rather than outrage over his wife’s rape. Others have stated Marguerite put her own life at risk by refusing to recant her charge against Jacques Le Gris. Had her husband lost the battle, she faced burning at the stake. Thus, three lives were at stake when Le Gris and Carrouges took the field. Had Le Gris confessed to the crime of rape once combat had begun, he would have been executed, though not for rape, a property crime. He would have been executed for giving a false oath before God. Following his death, the absurdity of relying on the Almighty to render judgment on those accused of a crime through trial by combat gradually led to its fading into history.
Where do we find this stuff? Here are our sources:
“Trial by Battle”. Article, Peter T. Leeson. Yale Law School. Online
“The History behind demands for ‘Trial by Combat'”. Eric Jager, History News Network. March 7, 2021
“Ordeal: Trial Method”. Article, Britannica Online.
“Trial by Ordeal”. Robert C. Palmer, Michigan Law Review. 1989
“King Henry III”. Jessica Brain, Historic UK. Online
“The Last Duel”. Article, History vs. Hollywood. Online
“A Brief History of Trial by Combat”. Alex Mayyasi, Priceonomics. Online
“Trial by Combat: Medieval and Modern”. Ken Mondschein, Medievalists.net. Online
“The True History Behind ‘The Last Duel'”. Meilan Solly, Smithsonian Magazine. October 14, 2021
“Who is Marguerite de Carrouges?” Olivia Olphin, The Focus. 2021. Online