Anti-duello. The anatomie of duells, with the symptomes thereof A treatise wherein is learnedly handled, whether a Christian magistrate may lawfully grant a duell, for to end a difference which consisteth in fact. Also, the maner and forme of combats granted, with the seuerall orders obserued in the proceeding thereof, with the list of such duels, as haue beene performed before the Kings of England. Truly and compendiously collected and set forth by Mr. Iohn Despagne, for the good of soueraigne and subiect. Published by his Maiesties command.

THE MANNER AND forme of Combats anciently obserued before the Kings of England.

WHen vpon the exhibit of the Bill in Court before the Constable, the Appellant failes in the proofe of his Appeale, and cannot by witnesse nor any other manner of way make the right of his demands appeare, he may offer to make proofe of his intent vpon the Defendant with his body by force: And if the Defendant will say, he will so defend his honour, the Con∣stable, as Vicar generall in Armes (for so is my Author) vnder the King, hath power to ioyne his issue by battaill, and to assigne the time and place, so that it be not within forty dayes after the issue in that manner ioyned, vnlesse the agreement of the parties giue themselues a shorter day. And vpon the ioyning of the issue by Combat, the Constable shall signifie to them their Armes, which are, a Gauntlet 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 time and a day set, before the Sunne be come to some one degree certainly named, to acquit their pledges, and the Plaintiffe to make proofe of his charge; and the Appealee to make the best defence he can for his honour, and that in the meane time neither of them, by themselues, nor by any well-willers of theirs, shall lie in ambush to assault or worke any grie∣uance to the other.

The King shall finde the field for performance of the Combat, which must bee sixty foot in length, and in breadth forty.

It must bee a hard, and firme ground, nothing stony, and listed about, by the aduice of the Mar∣shall, with good and seruiceable railing. There must bee two doores, the one in the East, and the other in the West; each of them of the height of seuen feet or more, so that a horse cannot leap o¦uer them; and these doores are to bee kept by the Sergeant at Armes.

On the day of the battell the King shall sit in a Chaire mounted on a scaffold, and a low seat shall bee made for the Constable and Marshall at the foot of the descent from the scaffold; and sit∣ting there, they demand the pledges of the Ap∣pellant, and Defendant to come into the lists, and render themselues the Kings prisoners, vntill the Appellant and Defendant are come in, and haue made oath.

When the Appellant comes to the field, he shall come to the doore in the East armed, and so ap∣pointed

as the Court did order, and shall there attend the comming of the Constable, to bring him in.

And the Constable shall demand of him, who he is that comes thus armed to these lists, what name he beares, and the cause of his comming.

The Appellant shall answere, I am such a man, A. of B. Appellant, who am come mounted and armed as you see, to the doore of these lists, to demand an entry, to make an endeuour to proue my intent against C. of D. and to acquit my pledges.

Then the Constable, taking vp his Beauer, so assuring himselfe he is the same person who is the Appellant, shall throw open the doore, and bid him enter in his Armes, with his victuals, and o∣ther necessary attendance, and his Councell with him, and shall then bring him before the King, and thence to his seat where he shall attend vntill the Defendant come.

Then the Appellant shall make a request to the Constable and Marshall to discharge his pledges; and the Constable and Marshall shall in∣forme his Maiesty, that since the body of the Ap∣pellant is entred the lists to make proofe on his Appellee, his pledges by Law ought to haue a discharge. And after leaue granted by the King, the Constable shall discharge them. If at the time appoynted, the Defendant comes not in to his defence, the King doeth command the Constable to call him by the Marshall; And the Marshall shall command the Lieutenant; and the Lieute∣nant

shall command the Marshall of the Heralds of the South; If it be in the March of Clarenci∣eux; & if the Marshall of the Heralds of the king of the South be not there, then a Herald of the March of King Clarencieux shall call him. And if the performance of the Battel be on the North side of the riuer of Trent, in the March of king Norrey, the Marshall of the king of the North shall demand him: And in his default, one of the He∣ralds of the March of King Norrey shall call for the Defendant, thus:

Oyes, oyes, oyes, C. of D. Defendant, Come to your action which you haue vndertaken this day, to acquit your pledges in the presence of the King, Constable, and Marshall, and defend your selfe a∣gainst A. of B. in that he shall question and charge thee.

And if he appeare not, he shall be in like man∣ner thrice demanded at the foure corners of the lists; only the second time hee is proclaimed; at the end the Herauld shal say, The day is farre pas∣sed. So at the third time, the Herauld at the halfe houre after three of the clock in the afternoone, by the commandement of the Constable, shall thus summon him.

C. of D. Defendant, saue your honour, and come in to the action you haue vndertaken at this day; the time is far gone, the halfe houre is spent; come into the lists vpon the perill that shall fol∣low thereon, or else you come too late.

Then when they haue both appeared, the Re∣gister of the Constables Court shall in writing

obserue their entrance, the order, and time, and the manner, whether on foot or mounted, their Armes, the colour of their horses, and how their horses are harnessed, lest their horses, or their harnesse should bee changed, or otherwise imbe∣zelled.

Then the Constable shall know whether it will please the Kings Maiestie to appoint any of his Nobles to counsell and aduise them.

The Constable shall employ two Knights or Esquires to the Appellant, to keep his standing, and to care that hee obserue no charme, spell, or other ill Arts, vntill he hath made oath; and with the like charge, two others shall be dispatched to the Defendant.

And when the Constable hath asked his Ma∣iesties pleasure, whether his Highnesse will receiue their oathes in person, or that the Constable and Marshall take them in the lists, calling for the Ap∣pellant, with his Counsell, he shall demand of the Counsell, if they will make any further protestati∣on, that they should now put them in; for this time is peremptory, so as hereafter no protestation shall be receiued.

Then the Constable shall haue a Clerke ready by him with a booke; and the Constable shall cause his Register to read the whole Bill to the Appellant, and shall say to him,

You A. of B. doe you know this to bee your Bill, and the complaint which you exhibited in Court before me? Laying your right hand vpon this booke, you must sweare the truth of your Bill

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in all points, from the first to the last charge in it, and that it is your intent to proue vpon C. of D. the contents thereof to be true, so aid you God.

The forme of it is thus, Thou A. of B. this thy Bill is sooth in all points and articles conteined therein from the beginning to the end; and it is thine intent to proue them this day so to bee, on the aforesaid C. of D. So God thee helpe and hallow.

This done, the Appellant is remanded to his stand.

The Defendant shall be in like manner sworne vpon the truth of his defence.

And this their first oath they ought to take kneeling; but by the fauour of the Constable and Marshall they somtimes do it standing.

Then the Constable shall by the Marshall, call the Appellant before him, and tender him his se∣cond oath, which (if the Constable giue leaue) he may take sitting.

A. of B. laying your hand on the book this secōd time, you shal sweare that you come no otherwise appointed then as by vs the Constable & Marshall hath beene assigned; that is, with a short Sword, and a Gauntlet; a long Sword, and a Dagger; that you haue not any knife, or any other pointed instrument or engine, small or great; no stone, no herbe of vertue; no charme, experiment, or a∣ny other inchantment, by whose power you be∣leeue you may the easier ouercome your aduersa∣ry, who within these lists shall oppose you in his defence; and that you trust not in any thing more

then in God, your body, and the merits of your quarrell; So God you help.

Then being conducted to his place, the keepers of the lists shall bee put out, and the Defendant in the same manner shall be demeaned.

Then the Constable and Marshall shall send for them both before them, and the Constable shall name the Appellant and Defendant, and shall say to them both thus;

Take yee each other by the right hand, and I command that neither of you bee so hardy as vio∣lently to handle one another, vpon your perill; and laying their left hands on the booke, the Con∣stable shall say,

I charge you A. of B. Appellant, by your faith, and your right hand, which is inclosed in the hand of your aduersary C. of D. that you vse your power, and make vse of all aduantages to make good your appeale vpon C. of D. your enemy, the Defendant, to force him to a rendring of him∣selfe into your hands by demanding of a parley, or with your owne hand to kill him before you depart out of these lists, by that height of the Sunne, and age of the day you haue assigned you by vs the Constable and Marshall, by your faith; And so God you help.

The same forme shall bee obserued on the part of the Defendant; and then they shall be brought each of them to their places, the lists cleared of the Councell and seruants on both sides.

The oathes thus past, an Herauld by the com∣mand of the Constable and Marshall, shall make

Oyes thirce, and shall say,

We the Constable and Marshall in the Kings name charge and command euery man of what quality or condition soeuer he bee, that hee ap∣proach not within foure foot to these lists, nor that hee speake any word, make any noise, giue any signe, nor by his countenance or otherwise direct either of these parties, A. of B. or C. of D. Appellant and Defendant, to take any aduantage the one vpon the other, by any signe so giuen, vp∣on paine of life and member, and the forfeiture of his chattels.

Next, the Constable and Marshall shall assigne the place where the king at Armes and the He∣raulds standing may haue a full sight of the action within the lists: for now they are to attend the Appellant and Defendant, and minister to them in what they shall command them; and if either of them faint, or haue either desire to eat or to drinke of their victuals they bring with them in∣to the lists, it is the office of the Heraulds to bee attending vpon them. If the Appellant will ei∣ther eat or drink, hee must first desire the good leaue of the Defendant, which shall be by a king at armes signified to the Constable and Marshall, and they to attend his Maiesty with the desire of the Appellant, and the consent of the Defendant, and pray his Maiesties allowance of it. And if either the Appellant, or the Defendant haue a ne∣cessity to doe any other thing, the Heraulds and the Pursuiuants shall attend them.

After this the Constable and Marshall freeing

the lists from people of all conditions, except a Knight and two Esquires of the Constables train, and the Lieutenant; a Knight and two Esquires of the Marshals retinue, which shall bee in Ar∣mour, bearing Lances in their hands, which are not to bee barbed with any iron, to part them when his Maiesty shall giue the word.

These Knights and Esquires are neither to bring swords, kniues, bowes, nor daggs into the lists.

They of the Constables side are to keepe one corner of the lists, and there lay themselues flat on the ground: and in like manner shall they of the Marshals side bestow themselues at another corner of the lists; for none may appeare vpright within the lists saue the Constable and Marshall.

And if the King be not present, then the Con∣stable and Marshall shall sit in the place of the King, and the Lieutenant be within the lists.

But if the King bee present, then the Constable sitting vpon a seat before the King within the lists, as the Kings Vicar generall, shall command his Lieutenant to accompany the Appellant, and the Marshall or his Lieutenant with the like re∣spect shall accompany the Defendant.

And the Constable sitting at the foot of the seat Royall, shall speake with a lowd voyce; Let them go, let them go to doe their endeauours.

This said, the Appellant going to the Defen∣dant (standing in the presence of the King) shall with all his strength assault him; and the Defen∣dant shall be as wary as he can in his defence.

The Constable and Marshall, or their Lieute∣nants, ought to be within hearing, and also with∣in sight, if in case either of them speake, or make any signe he will renounce his quarrell; or if the Kings Maiesty say but Hoe, or giue any other signall, then they who are within the lists with the Constable and Marshall, throwing their Lan∣ces betwixt the Appellant and the Defendant, and so parting them, they shall not giue way to either of them to assault the other, vntill the King com∣mand they bee free, or that the Constable declare his Maiesties pleasure to bee so, by saying, Let them go, the King wils it.

Notwithstanding that the Constable hath gi∣uen the Defendant a set time to come in to his performance, yet, in case he commeth not accor∣ding to the appointment of the Constable, of right, iudgement shall not passe against him vpon his default, vntill the first halfe houre after three of the clock be cleerly passed, let the cause be trea∣sonable or otherwise.

But the Appellant whose suite it is, ought to be there at his precise time, when the Constable shall first demand him, else his pledges haue for∣feited their security.

The Appellant and Defendant shall be searched by the Constable and Marshall, their weapons and armes questioned in all points, that they bee auowable, and no engine or deuice not honoura∣bly iustifiable in them. And if they finde any such practice, the party shall bee outed of that weapon: for, reason, ciuility, and the law of

Armes will vpon no condition, in acts of this high performance, admit of trechery, or base con∣spiracy.

The Appellant and Defendant shall, as they themselues agree, cloath their bodies; for that is left to themselues, only the Constable shall exa∣mine that they both haue the same Armour, or other defence vpon his body.

If one of them desire his sword to be shortned, so that it bee shorter then the measure of the standard, the other is not bound to abate the length of his weapon: But if they once agree to fight with swords longer then the standard al∣lowes, at the day of the action within the lists, either of them may demand to haue his weapon made to answere the standard, and the other is in honour bound to make his conformable, being a demand lawfull, not vpon fancy, and tasting of no priuate way or aduantage.

Now the Constable and Marshall are to beat∣tentiue to the King, if his Maiesty shall please to command the Combatants should bee parted to take breath, or for any other purpose; and in any case they must haue especiall care how they part and diuide them; and that at the time when they interpose, they bee both of them in the same de∣gree or possibility, and neither of them in the mer∣cy nor in the hand of the other.

The Constable and Marshall shall not suffer them to whisper, or haue any priuate discourse; for they are the witnesses, and in their breasts lies the record of their words, and in no other place.

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And if the battell bee grounded on a cause of treason, hee that is conuicted and discomfited, shall be disarmed by the command of the Consta∣ble and Marshall, one corner of the lists broken downe in disgrace of the party becoming recre∣ant, and being fastned to a horse, shall bee dragg'd from the place where he so lost his Armes to the block, and haue his head seuered from his body, or be hanged by the neck, or otherwise, according to the seuerall vsages of the Country.

It is the office of the Marshall to accompany the party to the place, and there in his view to see execution done, and all the sentence performed, and that aswell of the side of the Appellant as the Defendant. For good conscience, equity, and the law of the field do exact, that the Appellant if in case he be conuicted, and becommeth a man van∣quished in his proofe, that hee incurre the same paine and hazard the Defendant should haue done:

But if the cause be any other crime then trea∣son, hee that is so by the body of his aduersary conuicted, shall lose his Armes within the lists, and thence be led out to the place of his suffering, which is directed by the vsage of the Country; and this aswell of the Appellant as the Defendant, as aforesaid; onely hee shall not bee dragged, nor the railes broken, vnlesse it bee in case of treason, and not otherwise.

But if it be meerely an act of Armes, a tryall by challenge allowed by the grace of the King, Constable, and Marshall; he that in such a Com∣bat

confesseth himselfe vanquished, shall be disar∣med, degraded, and being led to the skirt of the list, he shall be tossed and throwne ouer the barrs, without any further punishment.

If it please the King to take the difference, and the iudgement thereof into his owne hand; and command them to bee friends without any fur∣ther controuersie: Then the Constable taking the Appellant, and the Marshall the Defendant, shall beare thēboth befor the King: And the King shall by the Constables signifie his pleasure vnto them; Then they shall be both of them lead together vnto one of the gates of the lists, and be so conuei∣ed out of the lists, in all points as they entered the lists; and shall be so conueied out of the lists, in the same Article of time, that of them no man may say, A first was out, or A last within the lists: For, since the King hath into his own hands taken the consideration of the quarrell; it were dishono∣rable that either of the sides, in a Battaile with∣drawne by the word of a King, should suffer any dishonor, the one more then the other. And the antient tenet and opinion hath bene, that he that is first out of the Lists suffers a diminution of honor, the field being his in honor, that is last possessor of it; For, he maketh it good.

There ought to be double lists for the seruants of the Constable and Marshall, and for the Ser∣geant at Armes of the King, who are to attend, and defend, that no offence, affray, outrage, or other misdeameanor against the Cryes, made only in Court be committed or suffered, or any affront

that may be meant against the Kings Maiesty, or the Laws 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 the field, and those either Armed, or otherwise, at their Ele∣ction.

The Kings Sergeants at Armes shall bee the keepers of the Doores, and Portals of the Lists; and they are to make all Arrests by the Com¦mandment of the Constable and Marshall; and such so arrested to assure.

The fee of the Constable is their steeds, and Armes, and all that they bring with them into the lists, saue onely those wherewith they fight; And of the partie ouercome, all his Armes and other things of Combat, are the right of the Con∣stable.

The fee of the Marshall, is onely the Lists, Barres, Seates, and other works for that spe∣ctacle.