to the Customes contained in our said Letters: whatsoeuer shall be done to the contrary, may lawfully be repealed.
Item we will and ordaine, that the Appellant or demaunder of Iustice, must say, or cause to be said by an Aduocate for him, his minde before vs, or some other com∣petent Iudge for vs: against his aduerse party, he being present. And he is to be very respectiue, that he doe not vrge any villainous speeches, but what may tend to the quarrell only. Further, he ought to conclude with this request, that if the Ap∣pealed Party or defendant, doe confesse the matters by him propounded, to be true: that then he may be condemned, as hauing forfeited and confiscated his Body and goods to vs, and to be punished with answerable paines, as our Lawes, Custome, and the matter requireth.
But if the Defendant or appealed Party doe denie it; then the Appellant is to say, that although he cannot proue the matter by Witnesses, or otherwise; yet ne∣uerthelesse he will auouch it, by his owne body against the others, or by one to auouch it for him: In an Enclosed Field, as a Getnleman and Honest man ought to doe, in our presence, as their Iudge and Soueraigne Prince. And then he is to cast downe his Gage of Battaile, and afterward to retaine his Counsell, for Armes, Horse and all other things, necessarily belonging to the Gage of Battaile. And then in this case, according to his Nobilitie, or other condition appertaining to him, the prote∣stations following are required. Which Protestations, Appellations and Ordenances, shall be Registred downe in our Court of France, and not elsewhere, to iudge if there bee a Gage, or no.
And first of all he is to say: Most Excellent and most Christian Prince, our King and Soueraigne Lord. But if they be not of our Kingdome, in stead of Soueraigne Lord, he is to say. Most Excellent and Most-Christian Prince, our competent Iudge, for bringing a finall end to such matters as haue bin spoken and propounded bee mee: I protest and main∣taine, that by lawfull Exoine of mine owne Body, I will haue a Gentleman (instead thereof) this day to auouch the case for me, in my presence if I can, or else in mine absence, who by the helpe of God, and of our Lady, shall perfourme his Loyall deuoyre, at my perill, costs and charges, as reason requireth, at all, or as many wayes as you please, and likewise with Armes and Horses, as if it were my selfe in person, and according as to such a case be∣longeth.
We also will and ordaine, that the defendant (if he will) may speake the contra∣ry vpon his perill, and request, that the iniuries spoken against him by the Appel∣lant, may be requited with such amends and punishments, as he ought to suffer in the said case. And that the said Appellant (the Honour of Our Maiesty reserued, or of his competent Iudge) hath falsely and maliciously lyed, and wicked and false he is to speake it. And that in defence of himselfe, by the helpe of God, and of our Lady, with his body, or his auoucher for him, without any Essoyne, if it be said and iudged to be a Gage of Battayle, he will be ready at the day and place, which by the King, as Soueraigne, or his competent Iudge shall bee appoin∣ted.
And then (but not before) he is to take vp the Gage from the ground, and after∣ward make his protestations in manner before said; as also to request his Auoucher for him, in case of a lawfull excuse or Essoyne. Then he may demaunde, and haue his Councell, Armes, Horse and all other things necessary, answerable to the Gage for Battayle; either according to his Nobility, or whatsoeuer condition he is of else beside, as before is expressed. Which words, protestations, and defences, wee will and commaund to be likewise recorded and registred, to vnderstand, whether he may haue Gage, or no, and for Amends making each to the other, according as Iustice shall ordaine.
In this case, each of them shall sweare, promise and stand bound, to appeare at the day, houre and place to them assigned, as well on the day, to know if the Gage be there, as on that of Battayle, if Battayle be graunted, according to the information of the Processe; which must be seene and carefully respected, by notable wise and honest Men, Clearkes, Knights and Esquires, without bearing fauour to either party. Which Gage, or no Gage, shall be before them adiudged at the day and place, as