If you happened to be strolling through the streets of Paris on the afternoon of Oct. 8, 1371, you might have been attracted by the noise made by a raucous crowd gathering on the Ile de Notre Dame in the middle of the Seine River. Had you come closer you might have joined the thousands of Parisians surrounding a field where a man and a dog were fighting in the presence of King Charles. This was no ordinary dogfight: This was a royally sanctioned trial by combat to determine if the man was guilty of the murder of the dog’s owner.
Trial by combat was a medieval way of determining a verdict in a case where there were no witnesses or any other way of deciding a serious matter. It was believed by people of the Middle Ages that God would not allow an innocent to be condemned if he were subjected to a trial by ordeal or an armed contest. The church, however, was not so confident of that and in 1215 banned priests from giving their blessing to such trials. Some kings were equally skeptical but, nonetheless, trials by combat continued until well into the 16th century.
What was at stake that day in 1361 was responsibility for the death of a French knight named Aubry de Montdidier. The gentleman had gone riding in a forest near Paris and had not emerged alive. His dog, a large greyhound who in some accounts was called Argos and in others was named Dragon, was seen whining and howling for days at a spot in the woods. The dog then made his way into the city and located a friend of his master’s whom he urgently tugged toward the location. There, after some digging, the body of Aubry was unearthed; it was clear he had met his death by foul play.
Back in Paris it was noted that every time Argos came across a certain Chevalier Richard Macaire, he growled and attempted to attack the man. Suspicions were aroused and it was recalled that Macaire and Aubry were enemies. When the King became aware of the rumours, he ordered that a trial by combat be held between the knight and the accusing dog.
Few at that time would have found anything strange in this arrangement. Medieval philosophers agreed that animals did not have free will and could not be held morally responsible for their actions, but they could be legally brought to court if their actions had harmed people. Domestic animals, or creatures like bees who were useful to humans, had long been subject to a civil trial (harmful wild animals and insects were dealt with in church courts) so it seemed reasonable to treat Argos as if he were a complainant like any other.
The two combatants met on an open field on the island in the river. Macaire was armed with a shield and a cudgel; Argos was provided with an overturned empty barrel open at both ends into which he could retreat if necessary. Custom allowed the accuser the right to attack first, and when the dog was released it sprang towards its opponent without delay. For a while, Macaire’s club kept the hound and bay but Argos kept darting and circling, looking for an opening. Finally, seeing its chance it leapt at the man’s throat and fastened his grip, forcing the desperate knight to the ground until he begged for mercy.
After attendants had pulled the slavering dog off its prey, Macaire confessed to his crime. King Charles declared that the affair had been “a sign of the miraculous judgment of God.” At his command, the miscreant was carried off and hanged on the enormous royal gallows at Montfaucon, outside the city walls.
The story of this judicial battle was told and retold throughout French history, in prose, poetry, and drama, with ever more romantic details added at each turn. Although trials by combat became less frequent, society was no less violent as the custom gradually evolved into a craze for private duels among the upper classes. For centuries, kings across Europe tried to stamp out duelling as it killed off members of the nobility who might otherwise be put to good use slaying foreign enemies. Only in the 19th century was law strong enough to curb the practice.
