[APPENDIX H]

Letter from Thomas Duke of Gloucester and Constable of England to King Richard II concerning the Manner of conducting Judicial Duels.

In firste the quarelis and the billis of the appellaunt and of the defendaunt schal be pletid in the courte.before the constable and marchall. And when they may not prove ther cause by witnesse.nor bi non other manner but detrmine ther quarell bi strengthe.the ton for to prove his entent up on the tother. And the tother in the same manner for to defende him. The constable hath power for to ioyne that batayle as vecarie genrall undir god & the kynge and the bataile conioynt by the Constable.he schal assigne them day and place.so that the day be not within xl.dayes after the saide batell soo conioynt.but yf it be bi the consentinge of the seyde appellaunt and defendaunt. Than he schall awarde them.poyntes of armes.other wise callid wepenes.ayther of them schal have.that is to say.longe swerde schorte swerde and dagger.so that the appellant and defendaunt.fynde sufficianunt surete & plegges that echou of them schal come at his seyde day.the appellaunt for to doo his power up on the defendaunt.and the defendaunt in his defence up on the appellaunt. And this to be done.schall be gevyn un to the appellaunt hour terme and soon.for to make his preve and der (sic) and for to bethe firste within the listes. for to quite his plegges. And of the same wise of the defendaunt. And noon of hem schall do hevinesse.ille harme awaite assaute.nor non other grevaunce.nor ennye bi them nor bi non of ther frendes welwillinge.nor bi non other who soo ever it be. The kynge schal fynde the felde.for to feght in. And the (f. 125b) listes schal be made and devisid by the constable. And it is to be considerid that the listes schal be.lx.pases of lengthe and xl.paces of brede in good manner.and that the erthe be ferme stable and harde.and even made, without grete stones and that the erthe be plat.and that the listes be strongli barred rounde aboute and a gate in the este and a nother in the weste with good and stronge barrers of vij.foote of heyght or more. And it is to wite that ther schulde be faux listes withouten the principal listes betwene the whiche the men of the constable and the marchall and s’gauntes of armes of the kynges schulde be for to kepe and defend yf any wolde make any offence or fray azens the cries made in the courte in any thinge that myght be agayns the kynges Roiall mageste or lawe of armes and these men schulde be armed at all poyntes. The Constable schal have there as many men of armes as he will and the marchall also bi the assignacion of the Constable and ellis not the whiche men schal have the kepynge as is seyde. The s’gauntes of armes of the kynge schal have the keping of gates of the listes and the arestinges yf any schal be made bi the comaudemt of the seyde Constable and Marchall. The day of bataile the kynge schal be in a sege or in a shaffold on heght and a place schal be made for the Constable and marchall at the stayre foot of the seyde shaffold there where thei schal be. And than schal be axed the plegges of the appellaunt and defendaunt for to come in to the listes afore the kynge and present in the courte as prisioners un to the appellaunt and defendaunt be come in the listes and have made ther othes. When the ap (f. 126) pellaunt cometh to his iorney he schale come to the gate of the listes in the Este in such manner as he will feght with his armes and wepenis assignid to him bi the courte and ther he schal abide til he be led in bi the Constable so that when he is comen to the seyde gate the Constable and marchall schal goo thedir. And the Constable schal axe him what man he is whiche is comen armed to the gate of the listes. And what name he hathe and for what cause he is comen. And the appellaunt schal answere I am suche aman. A. de. K. the appellaunt the whiche is come to this iorney &c for to doo &c. And than the Constable schal open the viser of his basinet soo that he may playnli see his visage and if it be the same man that is the appellaunt than schal he make open the gates of the listes and schal make him entre with his seyde armes poyntes vitailes and other leuefull necessaries up on him and also his counsell with him and than he schal lede him afore the kynge and than to his tente where he schal abide til the defendaunt be comen. In the same manner schal be done of the defendaunt but that he schal entre in at the weste gate of the listes. The Constable clerk schal write and sette in the regestre the comyge and the houre of the entringe of the appellaunt and how that he entreth the listes on fote and also the harnyes of the appellaunt how that he is armed and with how many wepenis he entreth the listes and what vitailes and other leueful necessaries he bringeth in with him. In the same manner schal be don to the defendaunt. Also the Constable schal mak take hede that non other before ne behinde the appellaunt (f. 126b) nor the defendaunt brynge more wepin nor vitailes other then were assignid bi the courte. And yf it be soo that the defendaunt come not be time to his iorney and at the oure and terme limit bi the courte the Constable schal comaunde the marchall for to make calle him at the four corners of the listes the whiche schal be done in manner as it foloweth. Oyes. Oyez. Oyez. C. de. B. defendaunt come to yowre Jorney whiche ye have undirtake at this day for to aquite yowre plegges before the kinge the constable and marchall in yowre defence agayns. A. de K. appellaunt of that that he hathe put up on yow. And yf he come not be time he schal be callid the secunde time in the same manner and at the ende he schal say come the day passeth faste and yf he come not at that time he schal be callid the thridde time. But that this be betwixe hye tierce and none. In the same manner as before and at the ende he schal say the day passeth faste and the oure of none is nye soo that ye come bi the seyde oure of none at farrest in pitt that may come. But how soo ever the Constable hathe yevy oure and terme un to the defendaunt for to come to his Jorney never the lesse yf that he tarie un to the oure of none the Jugement schulde not bi right goo agayns him whethir it be in cas of treson or not. But soo is it not of the appellaunt for he muste holde the houre and time limitid bi the courte withoute any plonginge or excusacon what soo ever be it in cause of treson. The appellaunt and the defendaunt entrede in the (f. 127) listes with ther armoure wepenes vitailes and leuefull necessaries and counsell as is seyde and as thei are assigned bi the courte. The Constable schal wete the kinges wille yf he wil assigne any of his noble lordes or knyghtes of worschipe un to the sayde pties and yf he wil that the othes be made afore him or afore the Constable and marchal. And the appellaunt and defendaunt schal be serchid bi the Constable and marchall of there poyntes of armes otherwise callid wepenis that they be vowable without any man disseyte on them and yf thei be other than reson axeth they schal be taken away ffor reson good feythe and lawe of arms wil not suffre no gile nor dissayte in soo gret a dede. And it is to wite that the appellaunt and defendaunt may be armed as sewrely upon ther bodies as they will. And than the Constable schal sende firste after the marchall and than for the appellaunt with his counsell for to make his othe. The Constable schal axe him yf he wil any more protest and that he putte forthe all his ptestacions bi writinge for fro that time forthe he schal make no ptestacion. The constable schal have his clerke redy in his presence that schal ley forthe a masse book open. And than the Constable schal make his seyde clerke rede the bille of the appellaunt enterly on heyght and the bille redde the constable schal say to the appellaunt A. de K. thou knowest wel this bille and this warant and wedd’ that thou gave in oure courte thou schal lay thi right honde here up on these seyntes and schal swere in maner as foloweth (f. 127b). Thou. A.de.K. this thi bille is sothe in all poyntes and articles fro the beginyge contenynge theirn to the ende and that is thine entente to preve this day on the forsayde. C.de.B. so god the helpe and theise halowes and this othe made he schal be led agayne to his place. The constable schal make the marchal calle the defendaunt and soo schal be done to the defendaunt in the same manner as to the appellaunt. And than the Constable schal make calle bi the marchall the appellaunt agayne and schal make him leye his honde as he did afore up on the masse book and schal say. A.de.K. thou swerest that thou ne haste ne schalt have mo poyntes ne poyntes on the ne on thi bodi within these listes but thei that ben assignid bi the courte that is to say. a longe swerde schorte swerde and dagger nor non other knyf litill nor mekill ne non other instrument ne engyn of poynte ne other wise ne stone of vrtu ne herbe of vrtu ne charme ne expirmet ne karecte no non other inchauntemt bi the ne for the bi the whiche thou tristest the better to overcome the forseyde. C.de.B. thin advsarie that schal come ayens the with in these listes this day in his defence. Ne that thou ne trustest in non other thinge but onli in god and thi body and on thi rightful quarell so helpe the god and these halowes and the othe made he schal be led agayne to his place. In the same wise schal be done to the defendaunt. The whiche othes made and ther chambirleyns and srvauntes put a way. the Constable schal make calle bi the marchall the appellaunt and the defendaunt also the whiche schal be ledde (f. 128) and kepte bi the men of the Constable and marchall before them and the Constable schal say to bothe the pties. Thou A.de.K. appellour schal take. C.de.B. defendoure bi the rigt honde and he the. And we defende yow and echone of yow in the kinges name and up on the pill that longeth therto and up on pill of lesinge yowre quarell the whiche that is founden in defaute that non of yow be so hardy to doo to other ille ne grevauce thirstinge nor other harme bi the honde up on the pill afore sayde and this charge gevy. the Constable schal make yeve ther right hondis to gedir and ther lifte hondes up on the missale sayinge to the appeloure. A.de.K. appelloure thou swerest bi the feythe that thou yevest in the honde of thine advsarie. C.de.B. defondoure and bi all the halowe that thou toucheste with thi lifte honde that thou to-day this day schal doo all thi trewe power and entente bi all the weyes that thou beste may or kanste to preve thine entente on. C.de.B. thine advsarie and defendoure to make him yelden him up to thine honde and creant to crie or speke or ellis make him die bi thine honde to fore that thou wende oute of these listes bi the tyme and the sunne that the is assignid bi this courte bi thi feythe and soo helpe the god and these halowes. C. de. B. defendoure thou swerest bi thi feythe that thou yevest in the honde of thine advsarie A.de.K. appelloure and bi all the halowes that thou touchest with thi lifte honde that to day this day thou schall doo all thi trewe power and entente bi all the weyes that thou beste may or kanste to defende thine entente of all that (f. 128b) that is put on the bi. A.de.K. thin advsarie appelloure bi the feythe and soo helpe the god and all these halowes. And than the Constable schall comaunde the marchall for to crie at the foure corners of the listes in manner as foloweth. Oyez. Oyez. Oyez. We charge and comaunde bi the kynges Constable and marschall that non of gret valew & of litill estate of what condicion or nacion that he be. be so hardy hens forewarde for to come negh the listes bi foure foote nor to speke nor to crie nor to make contenance nor token nor semblaunce nor noyse where bi nouther of these two prties. A.de.K. appellor &. C.de.B. defendour may take avauntage the ton up on the tother up on pill of lesinge lyf and membre and ther goodes at the kinges wille. And after the Constable and marchall schal avoyde all manner of pepill oute of the listes except their luftenauntz and two knyghtes for the Constable and marchall whiche schal be armed up on there bodies but they schal have nother knyf nor swerde up on them nor non other wepenes wherbi the appellaunt other the defendaunt may have therof any avauntage bi negligence of kepinge of them. But the two luftenauntz of the Constable and marchall schal have in there handes outher a spere wtoute yren for to depte them yf the kinge will make them abide in ther feghtinge whether it be to reste them or other thinge what som ever him liketh. And it is to be knowen that if yf any adminstracion schulde be made to the appellaunt or to the defendaunt of mete or of drinke or any other necessarie thinge leeful after (f. 129) that the counsell of frendes and s’vauntz ben put away of the appellaunt and of the defendaunt as is seyde the seyde adminstracion apteneth to the herawdes and also all the cries made in the seyde courte the whiche kingsz heraudes and pursevauntes schal have a place for the assignid bi the Constable and marchall as nye the listes as may goodli be soo that they may see all the dede & to be redy yf thei be callid for to doo any thinge. The appellaunt in his place kepte bi som men assignid by the Constable or marchall & the defendaunt in his place in the same wise. Bothe two made redy and arayed & with feleschipe bi ther kepers above sayde the marchall with the ton ptie & the levetenant of the Constable with the tother. The Constable sittinge in his place above sayde afore the kinge as his viker genrall and pties made redy for the feghte as is sayde bi the comaundement of the kinge. The constable schal say with hye voyce as foloweth. lessiez lez aler. that is to say lat them goo and reste a while. lessiez lez aler and reste a nother while. lessiez lez aler & fair leur devoir depdieu. that is to say lat them goo and doo ther devour in goddes name. And this seyde eche man schal depte fro bothe pties soo that they may incountre & doo that them semeth beste. The appellaunt ne the defendaunt may nouther ete nor drinke fro that time forthe withoute leve & licence of the kinge for thinge that myght falle but yf thei wol do it bi the consentinge betwixe them. Fro this time forthe it is to be considered diligentli bi the constable that yf the kinge will make the pties feghtinge depte reste or abide (f. 129b) for wham som ever cause it be that he take good kepe how thei are deptid so that thei be in the same estate and degre in all thinges yf the kinge wil sure or make them goo to gedir agayne and also that he have good harkeninge and syghte un to them yf outher speke to other be it of yeldinge or other wise for un to him longeth the witnesse and the recorde of the wordes fro that time forthe & to non other. And yf the seyde batell of treson he that is convicte & discomfit schal be disarmed in the listes bi the comaundement of the Constable and a corner of the listes broken in the reprove of him bi the whiche schal be drawen oute with hors fro the same place there he is soo disarmed thorow the listis un to the place of iustice where he schal be hedid or hongid after the usage of the cuntre the whiche thinge apenteth to the marchall and to ovrsee and to pforme his seyde office and to put him in execucion and to goo or ride and to be alwey bi him til it be done and all pformed and aswel of the appellaunt as of the defendaunt for good feythe and right and lawe of armes will that the appellaunt renne in the same peyne that the defendaunt schulde doo if he were covicte and discomfit. And yf it happen soo that the kinge wolde take the quarell in his hande and make them acordid withoute more feghtinge. Than the Constable takinge the ton ptie and the marchall the tother and lede them afore the kinge and he schewinge them his wille the seedy Constable and marchall schal lede them to the on ptie of the listes with all there pointz and armor as thei are founden and havyge when the (f. 130) kynge took the quarell in his honde as is seyde. And soo they schal be led oute of the gate of the listes evenly so that the ton goo not afore the tother bi no wey in noo thinge for senne the hath taken the quarell in his hande it schulde be dishonest that outher of the pties schulde have mor disworschipe than the tother. Wherfore it hath ben seyde bi many aunciaunt men that hee that gooth first oute of the listes hath the disworschipe and this is aswel in cause of treson as in other cause what soo ever it be. The fee of the herawdes is all the poyntes & armor brokin theis pt he taketh away or leveth after that he is entrid the listes aswel of the appellaunt as of the defendaunt and all the poyntes and armor of him that is discomfit be it the appellaunt other the defendaunt. The fee of the marchall is the listes the Barrers and the postes of them.


[INDEX]