Norfolk Record Office, RYE 20
When upon the exhibit of the Bill in Court before
the Constable, the Appellant fayles in the
proofe of his Appeale, and cannot by witnesse
nor any other manner of way make the righte of
his demaundes appeare, hee may offer to make
proofe of his intent vpon the defendant with his
body by force, and if the defend
will so defend his honor, the Constable as
Vicar Generall in Armes (for so is my
Author) vnder the king hath power to ioyne
this issue by battaile, and to assigne the tyme
and place, so that it bee not within fortie dayes
after the yssue in that manner ioyned, vnlesse
the agreament of the parties give themselves a
shorter day; and vpon the ioyning of the yssue by
combate the Constable shall signifie to them
their Armes, which are a Gauntlett and short
sword, and a long sword and dagger, And then
the Appellant and defendant shall both finde
able pledges for their appearance at a certaine
tyme, and a day sett, before the Sunne be come
to some one degree certaynely named to acquitt
their pledges, and the playntiff to make proofe of
his charge, and the Applellee to make the best
defence hee can for his honor, and that in the
meane tyme neither of them by themselves, nor by
any wellwillers of theirs shall lye in ambush to
assault or worke any greivance to the other. /
The King shall finde the feild for p
the Duell, which must bee sixtie foote in length,
and in breadth forty. It must be a hard and
firme ground, nothing stony and listed about by
the advise of the Marshall with good and
serviceable Rayling. There must be twoe dores, the
one in the east, and the other in the west, each of them
of the height of seven foote or more, so that a horse
cannot leape over them: And these dores are
kept by the Serieant at Armes./
The day of the battaile the King shall sitt in a
Chaire mounted on a Scaffold, and a lowe seate
shalbe made for the Constable and Marshall at
the foote of the descent from the Scaffold; and
sitting there, they demaund the pledges of the
Appellant and defendant to come into the listes
and render them selves the Kinges prisoners,
untill the Appellant and defendant are come
in and made oath./
When the Appellant comes to the feild, hee shall
come to the dore in the East armed, and so
appointed as the Court did order, and shall
there attend the coming of the Constable to bring
him in./
And the Constable shall demaund of him, who
hee is that comes thus armed to theise listes,
what name hee beares, and the cause of his coming./
The Appellant shall answeare I am such a man
A: of B: Appellant, who am come mounted and
armed as you see to the dore of these listes, to
my intent against C: of D: and to acquitt my
pledges./
Then the Constable takeing vpp his beaver, so assuring
him selfe hee is the same p
shall throwe open the dore, and bidd him enter in his
Armes with his victualles and other necessary attendance,
and his Councell with him, and shall then bring him
before the King, and thence to his seate, where hee
shall attend untill the defend
Then the Appellant shall make a request to the
Constable and Marshall to discharge his pledges,
And the Constable and Marshall shall informe his
Ma
entred the listes to make proofe of his Appellee,
his pledges by lawe ought to have a discharge,
And after leave graunted by the king the
Constable shall discharge them/
If at the tyme appointed the defend
not in to his defence, the King doeth com
the Constable to call him by the Marshall; and the
Marshall shall com
livetenant shall com
herauldes of the South, if it be in the March of
Clarenceux; and if the Marshall of the herauldes
of the king of the South be not there, then a
herauld of the March of King Clarenceux shall
call him. And if the p
be on the North side of the River of Trent, in
the March of the King Norreys, the Marshall
of the king of the North shall demaund him, and
in his default one of the herauldes of the March of
king Norreyes shall call for the defendOyes,
Oyes, Oyes, Oyes, C: of D: defend
action which yow have vndertaken this day to acquitt
yo
that hee shall question and charge thee./
And if hee appeare not, hee shalbe in like manner
thrice demaunded at the fower corners of the listes,
onely at the second tyme hee is proclaymed, at the
end the herauld shall say, the day is farr passed,
So at the third tyme, the herauld at the halfe hower
after three of the clock in the afternoone, by the
com
sum
C: of D: defend
Action, which yow have vndertaken at this day, the
tyme is farr gon, the halfe hower is spent, come
into the listes vpon the perill, that shall followe
thereon; or els yow come too late./
Then when they have both appeared the Register of
the Constables Court shall in writing observe their
entrance, the order and tyme, and the manner
whether on foote, or mounted, their Armes, the
colour of their horses, and how their horses are
harnished, least their horses or their harnish shold
be changed or otherwise imbeazelled.
Then the Constable shall knowe whether it will
please the kinges Ma
Nobles to councell and advise them.
The Constable shall imploy twoe knightes or
esquires to the Appellant to keepe his standing,
and to care, that hee observe no charme, spell, or
with the like charge twoe others shalbe dispatched
to the defend
And when the Constable hath asked his Ma
pleasure, whether his highnes will receive their
oathes in p
take them in the listes, calling for the Appellant
with his Councell, shall demaund of the Councell,
if they will make any further protestation, that
they should now putt them in, for this tyme is
peremptory, so as hereafter no protestac
shalbe received./
Then the Constable shall have a Clarke ready by
him with a booke, and the Constable shall cause
his Register to cause read the whole bill to the
Appellant, and shall say to him.
You A: of B doe you knowe this to be yo
me? laying your right hand vpon this Booke, you
must sweare the truth of yo
from the first to the last charge in it: and
that it is your intent to prove vpon C: of D the
contentes thereof to be true; so ayd yow God./
The forme of it is thus: Thou A of B: this
thy Bill is sooth in all pointes and Articles
conteyned therein, from the begining to the end;
and it is thyne intent to prove them this day so
to bee on the foresaid C: of D: So God the
helpe and hallowe./
This done the Appellant is remaunded to his stand./
The defendant shalbe in like manner sworne vpon
the truthe of his defence./
And this their first oath they ought to take
kneeling, but by the favour of the Constable &
Marshall they sometymes doe it standing/
Then the Constable shall by the Marshall call
the Appellant before him, and tender him his
second oath, which (if the Constable give leave)
hee may take sitting./
A: of B laying yo
tyme, you shall sweare, that you come no ou
otherwise appointed, then as by vs the
Constable and Marshall hath byn assigned; that
is with a short sword, and a Gauntlett, a long
sword and a dagger, that you have not any
knife, or any other poynted Instrument or
Engine small, or great, no stone, no hearbe of
vertue, no charme, experiment, nor any other
inchauntment, by whose power yow beleeve, yow
may the easier overcome your Adversary, who
within these listes shall oppose you in his defence;
And that you trust not in any thing more then
in God, your body and the merittes of your
quarrell. So God yow helpe./
Then being conducted to his place the keepersof
the Listes shalbe putt out, and the defend
same manner shalbe demeaned./
Then the Constable and Marshall shall send
for them both before them, and the Constable
shall name the Appellant and defend
shall say to them both thus;
Take yee each other by the right hand, and I
defend, that neither of you be so hardie, as
vyolently to handle one another vpon your perill,
and laying their left handes on the booke the
Constable shall say;
I charge yow A of B: Appellant by yo
of your Adversarie C: of D: that yow use yo
power, and make vse of all advantages to make
good yo
defend
into yo
yo
of these listes by that hight of the Sunn, and age
of the day yow have assigned yow by us the
Constable and Marshall by your faith: And so
God yow helpe./
The same forme shalbe observed on the part of
the defend
of them to their places, the listes cleered of the
Councell and servantes on both sides./
The oaths thus past, an herauld by the com
of the Constable and Marshall, shall make Oyes
thrice, and shall say,
Wee the Constable and Marshall in the
Kinges name charge and com
what quality and condic
approach not within fower foote to theis listes;
nor that hee speake any word, make any noyse
give any signe, nor by his countenance or otherwise
direct either of these parties A: of B: or C: of
D: Appellant & defend
the one vpon the other by any signe so given,
vpon payne of life and member, and the
forfeiture of his chattells./
Next the Constable and Marshall shall assigne
the place, where the king at Armes, and the
herauldes standing may have a full sight of
the Action within the listes: for now they are
to attend the Appellant and defendant, and
minister to them in what they shall com
them; and if either of them fainte, or have
either desire to eate or to drinck of their
victuales they bring with them into the listes, it
is the office of the herauldes to be attending
vpon them./
If the Appellant will either eate or drinck, hee
must first desire the good leave of the
defendant, which shalbe by a King at Armes,
signified to the Constable and Marshall, and
they to attend his Ma
Appellant, and the consent of the defend
pray his Ma
the Appellant or the defend
to doe any other thing, the herauldes & the
Pursevantes shall attend them./
After this the Constable and Marshall
freeing the listes from people of all condic
except a knight and twoe Esquires of the
Constables trayne, the livetenant, a knight
and twoe esquires of the Marshalls retinue,
which shalbe in Armour bearing launces in their
handes, which are not to be barbed with any yron,
to part them, when his Maiestie shall give the
word./
These knightes and Esquires are neither to
bring swordes, knives, bowes, nor daggees into the
listes./
They of the Constables side are to keepe one
corner of the listes, and there lay themselves flatt
on the ground; And in like manner shall they of
the Marshalles side bestowe themselves at
another corner of the listes; for none may appeare
vpright within the listes, save the Constable &
Marshall./
And if the king be not present, then the
Constable and Marshall shall sitt in the place
of the king and the livetentaunt within the
listes./
But if the King be present, then the Constable
sitting vpon a seate before the king, within
the listes, as the kinges vicar Generall, shall
com
Appellant; And the Marshall or his livetenant
with the like respect shall accompanie the
defend
An the Constable sitting at the foote of the
seate Royall shall speake with a loud voyce:
let them goe, let them goe to doe their indeavours/
This said the Appellant going to the defend
all his strength assault him, and the defend
shalbe as wary as hee can in his defence./
The Constable and Marshall or their livetenauntes
ought to be within hearing, and also within sight,
if in case either of them speake or make any
signe hee will renounce his quarrell; or if the
kinges Ma
signall: then they who are within the listes with
the Constable and Marshall, throwing their
launces betweene the Appellant and the
defend
give way to either of them to assault the
other vntill the king com
pleasure to be so; by saying, lett them goe, the
King wills it./
Notwithstanding, that the Constable hath
given the defend
to his p
not according to the appointment of the
Constable; of right, Iudgement shall not
passe against him vpon his default vntill
the first halfe hower after three of the
clock be clearly passed, lett the cause be
treasonable or otherwise./
But the Appellant whose suite it is, ought to
be there at his precise tyme, when the Constable
shall first demaund him, els his pledges
have forfeited his security./
The Appellant and defend
by the Constable and Marshall, their weapons &
armes questioned in all pointes, that they be
avowable, and no engine or devise, not honorably
iustifiable in them: And if they finde any such
practise, the partie shalbe outed of that weapon;
for reason, civility and the lawe of armes
will vpon no condic
p
conspiracie./
The Appellant and defend
themselves agree, cloath their bodies; for that
is left to them selves; onely the Constable
shall examyne that they both have the same
Armour or other defence vpon his body./
If one of them desire his sword to be shortned,
so that it be shorter than the measure of the
Standard, the other is not bound to abate the
length of his weapon; but if they once agreed
to fight with swordes longer then the
Standard allowes, at the day of the action
with in the listes either of them may demaund
to have his weapon made to aunsweare the
standard; and the other is in honor bound to
make his conformable, being a demaund lawfull,
not vpon fancie, and tasting of no private
way or advantage./
Now the Constable and Marshall are to be
attentive to the king, if his Maiesty shall please
to com
take breath, or for any other purpose, And in
any case, they must have especiall care, how
they part and divide them, and that at the
tyme, when they interpose, they be both of them
in the same degree or possibility, and neither
of them in the mercie, nor in the hand of the
other./
The Constable and Marshall shall not
suffer them to whisper or have any private
discourse, for they are the witnesses, and in
their breastes lies the Record of their wordes,
and in no other place./
And if the battaile be grounded on a cause of
Treason, hee that is convicted and discomfited,
shalbe disarmed by the com
Constable and Marshall, one corner of the
listes broaken downe in disgrace of the party
becoming recreant, and being fastned to a
horse shalbe dragged from the place, whence
hee so lost his Armes to the block, and have
his head severed from his body, or be hanged
by the neck or otherwise, according to the
severall vsages of the Country. It is the
office of the Marshall to accompany the
party to the place, and there in his viewe to
see execution done, and all the sentence performed;
as the defend
and the lawe of the feild doe exact, that the
Appellant, if in case hee be convicted, and
becometh a man vanquished in his proofe, that
hee incurr the same payne and hazard, the
defendant should have done. But. /
But if the cause be another crime, then treason,
hee, that is so by the body of his Adversary convicted,
shall loose his Armes within the listes, and thence
be lead out to the place of his suffering, which is
directed by the vsage of the Country, And this
as well of the Appellant, as the defendant, as
aforesaid; onely hee shall not be dragged, nor
the Rayles broken, unles it be in case of treason, and not otherwise./
But if it be merely an Act of Armes, a Tryall
by challenge allowed by grace of the King,
Constable, and Marshall, hee that in such a
combate confesseth himselfe vanquished, shalbe
disarmed, degraded, and being lead to the skirt of
the listes, hee shalbe tossed and throwen over
the barres without any further punishment./
If it please the king to take the difference & the Iudgement thereof into his owne handes,
and com
further controversie, Then the Constable
taking the Appellant, and the Marshall the
defendant, shall beare them both before the King,
pleasure vnto them, then they shalbe both of them
lead together vnto one of the gates of the listes,
and be so conveyed out of the listes in all
pointes as they entred the listes and shalbe so
conveyed out of the listes in the same Article
of tyme, that of them no man may say, a first
out, or a last within the listes; For since the
King hath into his owne handes taken the
considerac
that either of the sides in a battayle be withdrawne
by the word of a king should suffer any
dishonor, the one more then the other; And
the auncyent tenent and opinion hath byn,
that hee that is first out of the listes,
suffers a diminution of honor; the feild being
his in honor, that is last possessor of it for
hee maketh it good./
There ought to be double listes for the
servantes of the Constable and Marshall, for
the Sergeant at Armes of the king, who are to
attend and defend, that no offence, affray,
outrage, or other misdemeanor against the
Cryes made openly in Court, be com
suffered, or any affront that may be meant
against the Kinges Maiesty, the lawe and honor
of Armes: these men ought to be in compleat
Armes. The Constable and Marshall may
bring what power they please with them into
their election. The Kinges Sergeantes at
Armes shalbe the keepers of the dores and
portalles of the listes, and they are to make all
arrestes by the com
and Marshall, and such so arrested to assure./
The Fee of the Constable is their Steedes and
Armes, and all that they bring with them into
the listes, save onely those wherewith they
fight; and of the partie overcome, all his
Armes and other thinges of combate are the
right of the Constable./
The Fee of the Marshall is onely the listes,
Barres, Seates and other worke for that
Spectacle./