IN firste the quarelis
and the billis of the appellaunt and of the defaundaunt shall
be pletid in the courte before the constable and mchall. And whe
they may not pve ther cause by witnesse, nor bi other man but
detmine ther quarell bi strengthe, the ton for to pve his entent
upon on the tother. And the tother in the same man for to defende
him. The cosntable hath power for to ioyne that bataye as vecarie
genall undir god
& the kynge and the bataile conoiynt by the Constable. He
shall assigne them day and place so that the day be not wtin
xl dayes aft the seyde batell soo conioynt but yf it be bi the
consentinge of the seyde appellaunt and defendaunt. Than shall
he awarde them poyntes of armes other wise callid wependes ayther
of them schal have, that is to say, longe surete plegges that
echou of them schal come at his seyde day, the appellaunt for
to doo his power up on the defaundaunt, and the defaundaunt 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
same wise of the defaundaunt. And noone of hem schall do hevinesse,
ille harme awaite assaute, not non other grevaunce, nor annye
bi them, not bi non of their frendes welwillinge nor bi non other
who see ev it be.
The kynge schal
fynde the felde, for to feght in, And the 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 in brede in good man, and that the erthe be ferme stable
and harde, and even made, wtoute grete stones and that
the erthe be plat. And that the listes be strongli barred ounde
aboute and a gate in the este and a nother in the weste wt good
and stronge barrers of xij
foote of heyght or more And it is to wite that ther schulde be
faux lists wtouten the pincipal listes betwene the
whiche the men of the constable and marchall and s'gauntes of
armes of the kynges shulde be for to kepe and defende yf any wolde
make any offense of fraw against the cries made in the courte
I any thinge that myght be agayns the kynges Roiall mageste or
lawe of armes nd these me schulde be armed at all poyntes. The
Constable schal have there as many me of armes as he will and
the marchall also bi the assignacion of the Constable and ellis
not the whiche me schal have the kepynge as is seyde. The s'gauntes
of armes of the kynge schal have the keping of the gates of the
listes and the arestinges yf any schal be made bi the comaudemt
of the seyde Constable and mchall. The day of the bataile the
kynge schal be in a sege or in a shaffold on heght and a place
schal be made for the Constable and mchal at the stayre foot of
the seyde shaffold there where thei schal be.
And than schal
be exed the plegges of the appellaunt and defendaunt for the come
in to the listes afore the kynge and psentz I in the courte as
pisoners un to the appellaunt and defendaunt be come
in the listes and have made ther othes. When the appellaunt cometh
to his iorney he schal come to the gate of the listes in the Este
in suche man as he will feght wt his armes and wepenis assignid
to him by the courte and ther he schal abide til he be led in
bi the Constable so that whe he is comen to the seyde gate the
Constable and marchall schal goo thedir. And the Constable schal
axe him what ma 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 such ama. A. de K. the appellaunt
the whiche is come to this iorney &c for to doo &c And
than the Cosntable 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 wt his seyde armes poyntes vitailes and
other leuefull necessaries up on him and also his counsell wt
him and than he schal lede him afore the kynge and than to his
tente wher he shal abide til the defendaunt has comen. In the
same man 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 harneys of the appellaunt how that he is
armed and wt how many wepenis he entreth the listes and what vitailes
and other leueful necessaries he bringeth in with him. In the
same man schal be the don to the defendaunt. Also the Constable
schal make take hedethat non other before ne behinde the appellaunt
not the defendaunt brynge more wepin nor vitailes other than
were assignid by the courte. And yf it be soo that the defendaunt
come notbe time to his iorney and at thhe 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 whiche schal
be done in man is as it foloweth.
Oyez. Oyez. Oyez.
C. de B., defendaunt, come to yowre Jorney whiche you have undertake
at this day for the aquite yowre plegges before the kinge the
constable and marchall in yowre defence agayns. A. de. K., appellaunt,
of that that he hahe put up on yow.
And yf he come
not be time he schal be callid the secunde time in the same man
and at the ende he schal say come the day passeth faste and yf
he come not at that time he schall be callid the thridde time.
But that this betwixe hye tierce and none. In the same man as
before and at the ende he schal say the day passeth faste and
the oure of none how soo ev the Constable hathe yevy oure and
terme un to the defendaunt for to come to his Jorney nev the lesse
yf that he tarie un to the oure of none the Jugemt schulde not
be 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 wtoute any plonginge or excusacion
what soo ev be it in cause of treson. The appellaunt and the defendaunt
entrede in the listes with ther armoure wepenes vitailes and leuefull
necessaries and sounsell 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
the defendaut schal be serchid bi the Constable and marchall of
there poyntes of armes otherwise callid wepenis that they be vowable
wtoute any man dissyte on them and yf thei be other
than reson axeth they schal be taken away ffor reson good feythe
and lawe of armes 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 swerely upon their bodies as they will. And than the
Constable schal sende first aft the marchall and than for the
appellaunt with his counsell for to make his othe. The Constable
shall axe him yf he wil any more ptest and that he putte forthe
all his ptestacions bi writinge for fro that time forthe he schal
make to ptestacion. The constable schal have his clerke redy in
his psence that schall ley forthe a masse book open. And than
the Constable schal make his sede clerke rede the bille of the
appellaunt enterly on heyght and the bille redde to the constable
schal say to the appellaut. A.de.K. thou knowest well this bille
and this waraut and wedd' that thou gavein oure courte. Thou schal
lay thi right honde here up on htese seyntes and schal swere I
maner as follows. Thou A.de.K. this thi bille is sothe in all
poyntes and articles from the beginyge contenynge therin 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 call the defendaunt and soo schal be done to the defendaunt
I the same man as to the appellaunt agayne and schal make hi 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 ne poyntes
on the ne on this bodi wtin these listes but thei that ben assignid
bi the courte that is to say, longeth swerde schorte swerdeand
dagger nor non other knyf litill nor mekill ne non other instrument
ne poynte ne other wise ne stone of vtu for the bi the whiche
tristest the betr to ovcome 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 help the god
and these halowes and the othe made he schal be led agayne to
his place. In the same wise schal b done to the defendaunt. The
whiche othes made and ther chambirleyns and s'vauntes put a way.
The Constable schal make calle bi the marchall the appellaunt
and the defendaut also the whiche schal be ledde and kept bi the
men of the Constable and marchall before th em and the Constable
schal say to bothe the pties. Thou A. de. K. appellour schal take
C. de B. defendoure bi the riyt 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 founded in defaute that non of yow be so hardy to doo
the other ille ne grevauce thirstinge nor other harme bi the honde
up on the pill and this sayde and this charge zevy. The Constable
schal make yeve ther right hondis to gedir and ther lifte hondes
up on the missale saying to the appelure. A. de. K. appelloure
thou swerest bi the feythe that thou yevest in the honde of thine
advsarie C. de. B. defendoure and bi all the halowe sthat thou
toucheste with thi lifte honde that thou to day this day schal
doo all this 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 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 assigned bi this courte bi thi feythe and soo
helpe god and these halowes. O. de. B. defendoure thou this courte
swerest bi thi feythe that thou yevest in the honde of thine advsarie
A. de K. thine advsarie appelloure and bi all thi halowes that
thou touchest with thi lifte honde that to day this day thou schall
doo all thi trewe power and entente of all that is put on the
bi A. de K. thine advsarie appelloure bi the feythe and soo helpe
the god and all these halowes. And than the Constable schal comaude
the marchall for to crie at the foure corners of the lists in
man as followeth.
Oyez. Oyez. Oyez.
We charge and comaude bi the kynge's Constable and mchall that
non of gret valew & of litill estate of what condicion or
nacion that he be be so hardy hens contenauce nor token nor semblaunce
nor noyse where bi nouther of these two pties. A de. K. appelor
& C. de B. defendour. May take avauntage the ton up on the
tother up on pill of lesigne lyf and membre and ther goodes at
the kynges wille. And aftr the Constable and mchall schall avoyde
all man of pepill oute of the lists except there luftenauntz and
two knyghtes for the constable and mchall whiche schall be armed
up on there bodies but they schal have nother knyf nor swerde
up on them nor noenes wherebi the appellaunt other the defendaunt
may have thereof avauntage bi neligence of kepinge of them. But
the two luftenzantz of the Constable and mchall schal have in
there handes outher a spere wtoute yren for the depte them yf
the kynge will make themabide in ther feghtings whether it be
to reste them or other thinge that som ev him liketh. And it is
to be knowen that yf any administracion schulde be made to the
appellaut or to the defendaunt of mete or of drinke or any other
necessarie things of leeful after that the counsell of frendes
and s'vauntz heraudes and pursevauntes schal have a place for
them assignid bi the Constable and mchall 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 appellaut in his
place kepte bi som men assignid by the Constable or marchall &
the defendaut in his place in the same wise. Bothe two made redy
and arayed & wt feleschipe bi ther kepers above sayde the
mchal wt the ton ptie & the levetanant of the Constable wt
the tother. The Constable sittinge in his place above sayde afore
the kinge as his viker genall and pties made redy for to feghte
as is sayde bi the comaudemt of the kinge. The constable schal
say wt hye voice as foloweth.
Lessiez les aler.
That is to say lat the goo and reste a while. Lessiez lez aler
and reste a nother while. Lessiez les aler & fair leur devoir
depdieu, that is to say lat them goo and doo ther devoir in goddes
name And this seyde eche man schal depte fro bothe pties soo that
they may incountre & doo that them semeth beste. The appellaut
ne the defendaut may nouther ete nor drink from that time forthe
wtoute leve & licence of the kinge for thinge that myghte
falle but yf thei wol do it bi the consentige betwixe them. From
this time forthe it is to be considered diligentli bi the cosntable
that yf the kynge will make the pties feghtinge depte reste or
abide for what som ev 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 harkenige and syghte un to them yf
outher speke to the other be it of yeldige or other wise for un
to him longeth the witnesse and recorde of the wordes from that
time forthe & to non other.
And yf the seyde
batell of treson he that is covicte & discomfit schal be disarmed
int he listes bi the comaudemt of the Constable and a corn of
the lostes broken in the reprove of hom 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 aft the usage of the cuntre the whiche thinge
apteneth to the mchal and to ocsee 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 defendaut for the good feythe and right and lawe of
armes will that the appellaunt renne in the same peyne that the
defendaut schulde doo if he were covicte and discomfit. And yf
it happen soo that the kinge woulde take the quarrell in his hande
and make them accordid wtoute more feghtinge Than the Constable
takinge the ton ptie and the mchal to tother schal lede them to
the on ptie of the listes wt all there poyntes and armor as thei
are founden and havynge when the kynge took the quarell in his
honde it shulde be dishonest that outher parties shulde have more
disworschipe than the tother. Wherefore it hath ben seyde bi many
aunciaut men that kee that goeeth firste oute of the listes hath
the disworshipe and this is well in cause of treson as in other
cause what soo ev it be.
The fee of the
herawdes is all the poyntes & armor broki theis that he taketh
away or leveth aft that he is entrid the listes aswel of the appellaunt
as of the defendaunt and all the poyntes of armor of him that
is discomfit be it appellaut or defendaunt. The fee of the marchal
is the listes the Barrers and the postes of them.