Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
“Then, if the appellant have no witnesses to prove the matter
of his appeal, the marshal prefixes a day, within forty, for
deraigning the combat, taking pledges of both parties, to
appear at the day, and to do battle between sun-rising and
sun-set.
“The place appointed for the combat is a hard and even
ground, railed within certain lists, sixty feet in length
and forty feet in breadth; and without the lists are certain
counter-lists, without which the marshal’s men come, as well to
attend any extraordinary accident, within the lists, as to keep
off the press of the people without.
“Their weapons are appointed, a glaive, a long sword, a short
sword, and a dagger. At the day the appellant doth appear and
come to the east gate of the lists, where he is admitted to
enter by the marshal himself, together with his arms, weapons,
victual and also his council with him; and then is brought to a
certain place, within the lists, where he attends the coming of
the defendant.
“The defendant, if he appear not, is called by three
proclamations, made by the marshal of the king of heralds of
that province wherein the battle is deraigned. The marshal’s
clerk doth enter into his register their coming, the time of
their coming, and the manner, whether on horse-back or on foot;
the fashion of their arms and their weapons; the colour of
their horses and the like.
“The marshal doth measure their weapons; and then the marshal
hath a clerk ready, who brings forth the crucifix and a mass
book, whereupon both the appellant and defendant do take their
oaths.
“The bill of challenge of the appellant and the answer of the
defendant, is read unto them by the marshal’s clerk; and then
they take their oaths; First, that their appeal and defense is
true; Second, that neither has advantage of other by weapon;
Third, that either would do his best endeavour to vanquish his
enemy.
“Then proclamation is made at every corner of the lists, for
the clearing and voidance of the lists. Then the combatants,
being ready, the constable and marshal, sitting at the king’s
feet, pronounce these words, with a high voice: ‘_Lesses
les aller, lesses les aller, lesses les aller et faire leur
devoir._’
Public-domain text, read in full here on John Shaqi.
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