Letter from Thomas, Duke of Lancaster and Constable of England to King Richard II
Concerning the manner of Conducting Judicial Duels
15th Century
Archeologia
57, Vol. I

Hastings Ms. [f195b]


To his rygt excellent and right myghty lege lorde Richarde bi the grace of god kynge of Engelonde and of ffraunce lorde of yrelonde duke of Gyene scheweth your lege man Thomas the duke of Gloucetr your Conestable of Englonde un to his seyde lordis yf it pleaseth yow that how many batailes wt yn listes armed have been in this yowre rewme of Englond now late as wel in the time and psence of my Redoucee lorde and ffadir yowre uncle of whom god have mcy as in yowre tyme and psence moo then were longe time before and it is well seyne that many have moche goodes. And therefore that it is the grettest dede that may me in armes-and that to yow and to yowre rygt hy and royall mageste longeth the sovainte Jurisdiccon and knawlege as it schulde be govind by Justice and equite to yowre honourable renowne in which all iustice schulde dwelle and be than for as moche that ther ben divse manis Establements customes and ordenaunces in divse contrees and places aswel of yowre subiccion as of othere here in yowre seid Rewme. There hath bene non establementes customes ne ordenaunces of batayles wtin listes armez in yowre tyme ne also in the tyme of yowre noble pgenitoures as they have ben wise valiantez and Rightfull. Nev the lesse for as moche that ye yowre eires and successoures may the bett doo iustice and equite to all tho that suche dedes of armes schal have to doo a fore yow aswell yowre lieges and subiectes as other what som ev they be I the seyde humble liege and yowre Constable offre un to yowre seyde Roiall mageste this litill book of ordenaunces and man of feghtige armet wtin listes before yow. Not for that it is soo wisely ne of soo good avisemt ne discrecion made but that it may be lightly amendid in reqeuring yowre noblesse as humbely as I may or can That is please yowre benigne gace for to ovsee corrige and amende the sayde book and to put to or to make lese as it schall seme yow wt good man deliberacion and avisement of the moste wise valiantes and suffisaunt lordes and knygtes of yowre rewme the whiche of dedes of armes have the moste knowlege. But how some ev I have begonne this dede I have not taken up on me suche wit not suche worthinesse that I am worthi suche thinges to undirtake. But for as moche as it longeth to my seyde office nevtheless they that were in the seyde office bifore me had in not wreten the which were more wise and discrete that I am Wherefore I requer yowre royall mageste and also to all other my felawes and frendes that the seyde book schall see or here that ye and they wil holde me excusid yf any thing be it more or lesse than it schulde be for aftr the litill power and wit that I have had I have made it in besechant yowre highness my right excellent and redoutee lorde that the seyde ook ovsene examinded corriged and amended and for to put to or make lesse yf nede be wt good man deliberacion and avisemt of yow and of yowre rewme the which of dedes of armes have the moste knawlege as it is above sayde pleseth yow for to estable approve ordeyne and conferme the seyde boode for to be holden in yowre Rewme of Engelonge by how yowre eyris and successoures knyges of Englelonde.

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.