DVELLO or Single Combat: From Antiquity derived into this Kingdom of England, with several kinds, and ceremonious forms thereof from good authority described.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
LONDON, Printed by G. E. for I. Helm, and are to be sold at his shop in Saint Dunstan's Churchyard, in Fleetstreet. 1610.   

V CLARISSIMO D. EDWARDO carrel ab Harting EQVITI AURATO DICAT MONUMENTUM ET PIGNUS AMORIS.  
J. S.   

TO THE READER. ΕΥΦΗΜΕΙΝ.  
REader, I open not a Fence-school, nor shall you here learn the skill of an encounter, or advantageously in the lists to traverse your ground. Historical tradition of use, and succinct description of ceremony, are my ends; both deduced from the Ancients, 
Heraclides Ponticus.  but without proselenique affectation. My aims shall take him for an advocate, which long since affirmed the full pleasing Sirens to be but allegories of antic Records: indeed I think his speech was beyond his proof, but the God of Poets could not without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, express the best of his Phaeaces. 
Echeneus in Odyss. 〈◊〉.  And I dare avow it, he which distastes true primordial deduction, falls often into that covert dotage of, Errabo potius, quam perductet quispiam. 
Plaut. in Mo●icll.  Ancient writ is the leader in what passages I have drawn; all being but as an Epocha, from whence the single and simple motions of our Triplicity-Lord Mars are (ommitting their effest and temperea influences) with their differences calculated. Censure as 
Terent. in P●●r.  you please; but howsoever, like old Demipho's Lawyers, so (at worst 〈◊〉 doubt not) will my Readers. With this comfort I regard all thumb-turning, and fear not the truly judicious. Best of the supreme aspects, bestow their rays on you. From the I. Temple, this x. of Decemb. CIODCIX.   

CAPITULORUM ELENCHUS.  

1. The name and notation of the Duello. cap. 1.  
2. Of Extraiudiciall Duels. That for contracting the adventure of a greater war into a less number, it hath been by the Aunciens used, and by the judicious without controversy allowed. cap. 2.  
3. For proof of Manhood also, in divers forms, and upon several occasions, use of it is found both in the monuments of inmost antiquity, as also in the later ages, and always for this purpose, as dedicated to Honour, and by the Prince's authority. cap. 3.  
4. A light touch of single Combats extraiudiciall upon quarrels, according to some that authentiquely treat of them, and especially of English and French Custom. cap. 4.  
5. First authors of the judicial Duel: where admitted: the Church of Rome's inhibitions against it. cap. 5.  
6. Whence England received it: if from the Normans? cap. 6.  
7. The division of the Duel judicial, as of judgements: the form of the Criminal Duel, by the common law, till the sists entered. cap. 7.  
8. What Weapons or armour is to be used by like testimony only: the Success of the Combat and thereon judgement. cap. 8.  
9 A collection of divers examples out of the English histories of combats touching defence of imposed crimes: with some particulars of their reported forms and events. chap. 9  
10. Who are the judges, and have jurisdiction of the combat. cap. 10.  
11. The form of obtaining, clear proceeding, and performing the Combat by authority of the law of arms in the Court of Chivalry, and that in England. cap. 11.  
12. Private wrongs determined by the Duel: and they either touching arms and gentry, or right of land-inheritance. cap. 12.  
13 Combat upon Right of inheritance in land possessions how granted, prepared, determined: with judgement on them, and a recapitulating conclusion. cap. 13.    

The name and notation of the DVELLO. CHAP. 1.  
THe name (for the true notation of the subject is in no treatise to be neglected, but the very auspicy of letter-labour, by logic doctrine, is thence to be taken.) of the Duello or Duellum is after some quasi duorum bellum, while others judge that this derivation stands rather conceited upon the affinity of similary sound in pronunciation, then true criticism. Authentic writers of the Latin have Duellum unlimited in number, and of equal large signification 
Horat. epist. lib. 1. ep. 2. Liu. lib. 1.  with Bellum; Graecia Barbariae lento collisa Duello; hath Horace: and likewise in Livy. puro, pioque Duello quaerendas res censeo, saith one of the Senators upon his advise to Ancus Martius. Perduellis also in old Ennius, keeps like rank with Host, Perduellum, duellum & bellum, being upon learned Varro's testimony, and in Plautus but synonomyes 
Varro de ling. lat. lib. 6. Plaut. in Amphitryone. Fest. in verb. Duellum. Du. apud antiquos saepius in B. transiit. quod vide apud P. Merulan ad lib. 1. annal. Ennii.  as Duellona and Bellona. To all these agreeth Festus, deriving it, quod duabus partibus de victoria contendentibus dimicatur, referring it to the contrary terms of a general quarrel, not to that single opposition, which the French call Combat seul a seul, the old Saxons Kamp-fight, our English single-fight, fully and significantly expressed in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, under breath of one word.  
But, as many well imposed names, feel the divers effects of time and customs syllabique alteration, from the first nature of their genuine root, in so much that great Plato durst only find fault with, not correct the creptin errors of that nature 
Plat. in Cratylo.  in his time; so questionless whole applications of names to their now reputed subjects, have been often times very disorderly made, yet too currently admitted by the quiet approbation of posterity. And Etymologists, aiming at the conjoined nature of the word and thing signified, as commonly miss, as hit their mark. justinian's 
Instit. tit. de leg. sect. siquidem in nomine.  rule (upon the mistaken name of a legatary) being but in one word altered, shall free me from further inquisition of needless respect to bare names. Nomina significandarum 
* Hominum in ipso textu.  rerum gratiâ, repertasunt, quae si alio quolibet modo intelligantur, nihil interest saith the Emperor. Truth and the application of this word Duellum to single fight, have had both one father (especially in this Kingdom where time both establisheth and abrogateth.) It were therefore injury in me to offer cause of breach to their sisterhood, or to bastard the one, times hoary age being contrary to, and far from all just imputation of natural weakness.  
The Duello then (you may use at your pleasure any of the other names) is the bodily opposition of two combatants, both aiming at victorious success. Other and diverse are the definitions of it among Civilians, which for the most part call it, not Pugna duorum, but duarum partium citra formam belli dimicantium, as upon the example of the Horatij and Curiatij, in the Roman history, which exceeded unity on both sides Doctor Beuther 
Beuther. disp. de duel. concls. 1  concludes. His definition is the last (as I take it) yet not so perfect as new. It were audacious to examine it, much more to affirm any other in all numbers absolute. Only thus much; I see not why two or three on a side are not by power of a like continued addition, as nearly equal to Xerxes' Myriads as a million, the least of numbers being 
Euclidis definitio numeri 7. Elem. def. 2.  as well contained under that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as the greatest. But in these legal matters touched with such or other logic niceties, the law thus excuses, Omnis definitio in iure civili periculosa est: 
F. de reg▪ iur l. 202.  parum est enim ut non subverti posset. Those two parts, genus & differentia specifica, cannot be always, and seldom are according to Aristotelique learning in definitions of law subjects. To conclude this, accept the names notation as your fantasy persuades, or true signification, as your judgement directs, although (I confess) you may possibly find me erring in one; which if you correct, you may chance as soon to err as another, but to your correction with respect I submit me.   

Of extraiudiciall Duels. That for contracting the adventure of a greater war into a less number it hath been by the Ancients used, and by the judicious without controversy allowed. Chap. 2.  
TO diminish imminent danger of a greater bloodshed, Antiquity oftimes made choice of the Duello, most commonly, as we describe it, twixt two combatants: (although sometimes into a greater number, yet rarely hath this contraction been made.) In the Trojan war Homer testifies of Diomedes and Aeneas, Paris and Menelaus, 
Iliad. y. 〈◊〉. & 〈◊〉.  Hector and Ajax, as assaying by single combat to decide the bloody controversies of two the most famous people of the Gentiles. Hillus leader of the Athenian, and Echenus of the Arcadian forces by personal conflict strive in Herodotus to transact 
In Calliope.  their controversy of priority in the army, as also to determine the right of the Herculean stock in their father's possessions. The Romans wageing war with the Alban referred all to the 
Dionys. Halicar li. 3. antiq. Rom. Liu. lib. 1.  success of the Curiatij and Horatij, who determined it by victory achieved by the Horatij. Of like nature (the hidden secret of God's particular 
〈◊〉▪ Reg. cap. 17.  providence exempted) was that of little David and great Goliath in holy writ reported; as also of the British Arthur and Flollo tribune of the Emperor Leo in Gaul, after Geffrey of Monmouth his relation. 
Galfred. Monumeth. lib▪ 7▪ cap. 3.  Nor different was the offer of Lewes the first Christian King of the Frankes to Alaricus Prince of the Westgothes, nobilissimo pari fortunam (as Aemilius 
P. A●milius lib. 1. in Clodoveo.  writes) utriusque gentis decretum ir●. And in the latter memory of our ancestors, a general sedition twixt▪ the French and Italian conjoined 
Guicciard. lib. 〈◊〉. hist. Ital.  armies was epitomized into a select number (as Guicciardine reports) of thirteen soldiers of each nation. George Castriot, alias Seanderbeg overcame 
Hist. Scanderbag lib. 5.  Feribassa in like fight. Of these and like examples in foreign stories is frequent mention; nor in the English are they wanting. Danish eruptions a●d the bad aspects of Mars, having drenched the common mother earth with her sons blood streams, under the reign of Edmund a Saxon 
Henric. Huntingd. lib. 6. hist. edit. Germ. fol. 36●. Camd●n. in Dobunis  Monarch, misso in compendium (so worthy Camden expresseth it) bello utriusque gentis fata Edmundo Anglorum & Canuto Danorum regibus commissa fuerunt, qui singulari certamine de summâ imperij in hâc insulâ, (that is the Eight in Glostershire) depugnarunt. Agreeing hereunto was that one and last condition of the three, which the Duke of 
Guil. Malmes▪ lib 3. de gestis reg. Ang●iae. ●ol▪ 56.  Normandy before his conquest offered to King Harold, ut scilicet spectant exercitu gladio rem ventilarent. So was it offered between john of England; and Lewes of France, that by a 
Annal. Hibern. ●uperrime edit. sol 797  single Champion on both parts, their controverted right to certain Forts should be brought to decision. Neither did Richard of that name the 
Rot. Parlam. 7. Rich 2.  second, hence degenerate, in challenging the French Charles the sixth, upon that royal quarrel of best title to the Fleurs de lis. The justice of Combats in this kind (so the whole wars be 
Fris. de rep lib. 1. c▪ 26. Ayala lib. 〈◊〉. cap. 3. Bodin de reb. cap. 4. lib 7. Al●er. Gentil. de iure belli. lib. 1 c 3.  just) is approved by judicious writers, Frisius, Ayala, Gentilis, Bodin and others. Noninterest enim (saith Bodin) quo numero aduer●us hostes decernatur; learned Alciat making no doubt, but that Princes, of whose kingdome-controversies no earthly Magistrate hath jurisdiction, may upon force of their private credit with Bellona, discuss whatsoever 
Alciat▪ de sing. certam. lib. cap. 3.  their public wrongs. Cum enim (saith he) bellum non nisi maximâ calamitate humani generis invehatur, quid iustius excogitari potest, quam ut, tantâ noxâ de medio sublatâ, high potissimum soli armis decernant ad quos ea res pertinet, victoremque res sequatur? 
Indictum istud de Siciliae regno duellum & pleniùs refert, & in eo notatu dignissima Paris de Puteo lib. 3. cap. 2.  where he vouches the appointed lists at Bourdeaux, twixt Charles of Anjou, and Peter of Arragon, for trial of right to the Crown of Sicily, which was allowed by Pope Martin and the whole college of Cardinals, whereunto he adds a second, of two brethren of Hungary. Haec est necessitas 
B●ld. 5 consil. 49●.  quae bellum justificat (saith a great Civilian) cum ad bellum extremo loco confugitur. Antiquity hath allowed it, Reason confirmed it, therefore so I leave it.   

For proof of Manhood also in divers forms, and upon several occasions use of it is found both in the monuments of inmost Antiquity, as also in the later ages; and always for this purpose as dedicated to HONOUR; and by the Prince's authority. Cap. 3  
TO omit those servile Gladiatores of Rome (in 
Dio lib. 54. C. de glad▪ toll l unicâ. Cruenta spectacula in otio civili ●t domestica quiet non placent quapropter omnino gladiatores esse prohibemus. & vid. Othon. Frisingen. lib. 4. cap 3. De his siquidem plura velis, adi Natalem Comitem. lib. 5. Mytholog. cap. 1▪ & seq.  whose saleable blood the amphitheatres sandy floor, so oft washed itself as Lady money requested, until Augustus restrained this public spectacle to ' twice only in a year, and Constantine utterly abrogated the use of them.) The old Grecians had their Olympian games instituted by Hercules, celebrated every forth year; their Pythian from Apollo, in which the Gods themselves▪ are said to have judged it honour to have received the chaplet of bay; their Nemean dedicated to Archemorus; their Isthmian established by Theseus; in all which although there were five sorts of trial of activity (which they called Pentathlon, in 
Odyss. 〈◊〉.  Latin Quinquertiu●, yet the chief and most respected was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. either hand fight 
Plutarch. sympos. lib. 2. cap. 4. & 5.  or wrestling, both, for use and antiquity, to have pre-eminence of the other three, as upon that Achrostich of Homer▪ and other such passages of his, Plutarch long since specially observed. What regard to these two sorts (which not amiss may be styled single combats) the Ancicients had Ulysses his entertainment at Alcinous his palace described in the Odysseys, and his victory 
Odyss. θ. Iliad. φ.  with others at Patroclus his funeral towards the end of the Iliads give testimony sufficient, although no more could be gotten. But as Achilles did there at his friends exequys, so did Aeneas at that honoured day of these anniversary rites performed to his interred father, to this purpose making his edict— qui viribus audax 
A●ncid. lib. 5.  Seu crudo fidit pugnam committere cestu Cuncti ad sint meritaeque expectent praemia palmae.  
The learned Poet doubtless alluding to the custom used after Grecian victories in that quaternity of games, which was (as Pausanias 
Pausan. in Arcadicis.  witnesseth) that besides their deserved garlands 
Victores in uno quovis certamine Hi●ronici, in omnibus Pe●●bodi appellabantur. Fest. et Bern●art. ad lib. 6. Thebay. Orat. pro Flac●o.  of Olive, Bays, Parsley, Pine, or such like, the Victors did continually carry a Palme-branch in one of their hands; which being achieved by superiority in all four, is by Cicero affirmed, apud Graecoes propé maius & gloriosius, quam Romae triumphasse. Which by Statius in his preface to the Combat twixt Capaneus and Alcidamas is thus proportionatly affirmed.  

Nunc opus est animis infestos tollere cestus 
Stat. Theb. 6.   
Comminus haec bellis & ferro proxim● virtus.   
Thus is it most apparent that the chîefest honour among the Ancient (both Trojan and Greeks') consisted in the deserved crowns of those Duello victories, nor found they better form of honouring the memory of the supposed eyrie ghosts of their dead-sleeping friends or ancestors, 
Liu. dec. 3. lib. 5.  than such kind of parentation. The Punic Custom agreed with it, as in the last honour of betrayed Gracchus ordered by Hanibal●, is registered. 
Idem. dec. 3. l. 8. ast●pu●ant●r quae apud Tacitum. l. 2. annal. & Su●●oniū in Claud. c. 1. Militaria ista certamina ●un●br●s dicuntur decursiones. gallic● joustes. Hadrian. junius in Nomen▪ clat.  The Romans failed not in like duty and practice: A whole place of Livy transcribed shows it, and thus shows itself. Scipto Carthaginem ad vota soluenda dijs munusqué gladiatorium, quod mortis causa patris patruiqué paraver at edendum redijt: Gladiatorum spectaculum fuit, non ex eo genere hominum, ex quo lanistis comparare mos est, servorum delectu ac libertorum qui venalem sanguinem habent; voluntaria omnis & gratuita opera pugnantium fuit; nam alij missi ab regulis sunt ad specimen insitae genti virtutis ostenden●ū, alii ipsi professi se pugnaturos in gratiam Ducis; alios aemulatio & certamen ut provocarent, provocatique haud abnuerent, traxit. Add to this but Vlpians judgement in 
ff ad leg. Aquil. l. 7. qua actione huic persimi●e apud Atticos babe's lege● in Platone. lib. 7. de l●gib. Con●o●s item. l. 2. ff. de aleatoribus arg. Pancirol. l. 2. rer. now rep. tit. 20.  law, and what the old state of Rome allowed will be manifest. Si quis (saith he) in colluctatione, vel in pancratio, velpugiles, dum inter se exercentur, alius alium occiderit siquidem in publico certamine cessat Aquilia: quia gloriae causa & virtutis, non iniuri● gratiâ videtur damnum datum: thus much for the more antic ages. Middle times afford the like Pancirollus after Nicetas affirms that Manuel Commenus Emperor of Constantinople (his government was about the time of our Stephen & Henry the 2.) instituted Torneaments, which the Italians call Giostre, and the French joustre, that is military exercises in single opposition, for exploration of valour and ostentation of Martial virtue. Which so far oft times proceeded,  

— Vt ultima divideret mors,  
Non aliam ob causam, nisi quod Virtus in utroque  
Summa fuit— as of Hector   
and Achilles, Horace speaks. But long before 
Horat. lib. 1. sat. 7. Verstegan. Cap. 4. Munster. in Cosmograph. lib. 3. Bocer. de bello lib. 2. cap. 4.  Manuells' time Henry of Germany surnamed the Fouler (as my authors tell me) was in his own territories author hereof, annexing certain laws, among which one was thus, That he, which was not of a generous stock, deque sua nobilitate quatuor avorum natalibus docere non poterit, should by no means be admitted as a party in these Launce-controversies. The common use of this kind is easily known by the Lateran inhibition in a Council held under Pope Alexander the third (in our Henry the seconds time) thus expressing itself. Felicis memoriae Innocentii & 
Decret. lib. 5. tit. 13. & in Rogeri Hoveden Annalibus. in Hen. 2. fol. 333.  Eugenii predecessorum nostrorum vestigiis inhaerentes, detestabiles illas Nundinas vel ferias quas vulgo Torneamenta vocant, in quibus milites ex conducto convenire solent, & ad ostentationem virium suarum & audaciae temeré congredi, unde mortes hominum & animarum pericula saepè proveniunt, fieri prohibemus, etc.  
But this notwithstanding, when Clement the Fifth understood that the holy-land-voyage ordained in the council of Vienna was much hindered by the provoked Iustes & Torneaments of 
Extrau. de Torneamentis▪ c. vnic. Tempore Ed. 1.  the Crosse-knightes Torneamenta ipsa & hastiludia sive juxtas in Regnis, Franciae, Angliae & Almanniae & aliis nonnullis provinciis in quibus ea consuevere frequentius exerceri specialiter interdixit, binding the offenders under anathematizing constraint: into which punishment because divers Marshal's had nevertheless incurred, at the instance of Philip King of France and Navarre, Pope john the. 22. alias (if you reckon Pope joane) the 23. Celments successor made (as his extravagants testify) for this purpose general absolution.  
Particularly for this Kingdom, you may remember the 
a Rotundae Ta bulae Arthuri m●minit Monum●●hensis▪ l. 7. cap. 4. in eâ magnificentiam & comitatum regium addidit. Ordinis etiam sed male Mir aeus. lib 2 orig. equest. cap. 4.  Round table (as it is reputed) of the thrice famous Arthur kept at Winchester, but withal remember that, thereof, nihil est (saith judicious 
b In Belgist Athenoeus. li. 4 dipnosoph. c. 13  Camden) quod dicam, nisirecentioris esse aetatis, ut intuenti facile appareat, Superioribus enim seculis, cum virtutis bellicae exercendae gratia militares decursiones (Torneamenta vocant) frequenter haberentur, huiusmodi mensis (such tables also were used among the old Knights of Gaul as Athenaeus there cited reporteth) usi erant, ne quod discrimen inter nobiles ex ambitione existeret. These kind of Honorary Combats by Richard Ceur de Lion were confined within the lists of five places in the Kingdom, you shall see his patent of it to Hubert then Archbishop of Canterbury; sciatis nos Concessisse quod 
Ex libro rub●o scaccarij. Rich. 1.  Torneamenta sint in Anglia in quinque placeis, inter Sarum & Wilton, Inter Warwick & Kelingworth, inter Stamford, & Walingford, inter Brakeley & Mixeber inter Bly, & Tikehill, ita quod pax terrae meae non infringetur. Et comes qui ibi torniari volverit dabit nobis. 20. marcas, & Baro 10. Marcas, & miles, qui terram habuerit, 4. marcas & qui non haebuerit 2. marcas. Nullus autem extraneus ibi attorneabit; unde vobis mandamus quod ad diem Torneamenti habeatis ibi, 2. Clericos & 2. milites vestros, ad capiendum sacramentum de Comite & Barone quod vobis de predictâ pecuniâ ante Torneamentum satisfacient, & quod nullum Torneare permittant antequam super hoc satisfecerit; et inbreviari faciant quantum & a quibus receperint. Et▪ 10. marcas pro cartaad opus nostrum capiatis unde Comes Sarum, et Comes de Clarâ, & Comes de Warrenâ plegii sunt. Teste meipso apud villam episcopi 22. die Augusti. The Earl of Gloucester under Henry the 3. confidens (saith an old Monk) the concessione 
31. Hen 3. ex Math. Paris. pag. 981.  a D. R. obtentâ, et voce praeconia ex part eius proclamatâ, die qua Gulielmum fratrem suum baltheo cinxit militari cepit unum torneamentum, apud Northamtonam feriendum, ut ibidem memoratus Willielmus cum suis contyronibus militiae peritiam & addisceret, & experiretur. But of this licence, for fear of inconvenience that might ensue through the boiling choler of such hot bloods, Repeal was made with intermination, ne transgressorum 
34. Hen. 3. ex eodem. pag. 1123.  haeredes de paterna gauderent haereditate: the like to what was here first licensed, was in his time granted, and at Rochester performed twixt English and strangers, in quo contriti sunt turpitér alienigenae, saith Matthew Paris, that writes it. Roger of Mortimer founded at Kelingworth, Ludum 
7. Ed. 1. Thom. de Walsingh. pag. 49. ●d●. novissimâ.  (The words of Thomas of Walsingham) militarem, quem vocant Rotundam tabulam, of an hundred Knights and as many Ladies, whither for Martial exercise was very great conflux out of divers countries. Some difference was between common Torneaments and this ceremony of the Round Table, which was in use of ancient time before this of the Lord Mortimer, and that among the Princes of the Norman blood. The two Chronologers Matthew Paris and of Westminster, remember that about xxxv. of Hen. 111. divers Knights appointed their jousts at Walden 
Flor. hist. lib 2. p. 250. edit. ve●●ri.  in Essex, and they both call them by the name of the Round Table. But more especially one of 
Math. Parisiens'. p. 1147. edit. primâ.  them thus. Constituerunt unanimiter, non ut in haste iludio, illo quod communiter & vulgariter Torneamentum dicitur, sed potius in illo ludo militari qui Mensa Rotunda dicitur, vires suas attemptarent, where he inserts the infortunate Combat of two worthy Knights Heruald of Muntenny, and Roger of Lemburne, who meeting at the full career, Lemburnes' lance (cuius mucro (saith he) prout deberet non erat hebetatus) so pierced Herualds' beaver, that as soon death pierced his heart: these few examples taken out of many more, show the use of these honourable Iustes among the Ancients of this Kingdom, but so restrained as the Prince's power in licensing or prohibiting (which is proved by divers records also, transcripts whereof I have seen, in the hands of the right worshipful and learned Knight, Sir Robert Cotton of Conington, with punishment adjoined sub forisfactura omnium quae regi forisfacere poterit) always as supreme judge of Chivalry claimed and kept prerogative.   

A light touch of single Combat extraiudiciall up 'pon quarrels according to some that authentiquely treat of them and especially of English and French Custom. Cap. 4.  
Unto these extraiudiciall duels hitherto spoken off (the one being under the general name of public good for the Church or Commonwealth, the other under that which is for exercise of Virtue which consists in action) may be added that of free provocation or challenge without the Princes or Magistrates authority, proceeding from supposition of dishonour received 
Galfred▪ Chaucer. in equi●e suo.  from the party challenged. For Truth, Honour, freedom, & Courtesy being as incidents to perfect Chivalry upon the Lie given, Fame impeached, Body wronged, or Courtesy taxed (qu'on a diffamés & 
Ma●uoisin. ●nle Combat, etc. P. 〈◊〉. C. 3. Bodin▪ de rep. lib. 4. cap. 7.  dishonoré l'honneur des dames as one says) a custom hath been among the French, English, Burguignons, Italians, Almans, & the Northern people (which as Ptolomey notes are always inclined to liberty) to seek revenge of their wrongs on the body of their accuser, & that by private combat, seul a seul, without judicial lists appointed them. S. Lewes first prohibited it in France, and divers times divers of his successors in the same point of policy succeeded him; but both S. Lewes and the rest were constrained (for the most part) to yield to the rescissory petitions of their subjects, who complained that the restraint of open Combats occasioned multitudes of hidden murders. Nay Francis of that name the first, is said to have openly denied at his council table, virum bonum esse qui mendacium 
Bodin▪ ibid.  oblatum armis non reiiceret; striking with those words (indeed) at Charles the fift, who had then lately pocketed up a wrong of that nature received from himself; which, if you may credit Bodin, became as clear law among the soldiers and Gentlemen of his country. But upon a combat between jarnach and Chastegneray, two 
Darn. troubles in Hen. 2. ann. 1547.  French gallants, wherein Death was Umpire by expiring the best spirit of the one, the quarrel being only for the Lie given; Henry the second 
Constitutio ista exarata est en l'bist▪ de lafoy paix. lib. 5. per M. P. Victorem. fol 328.  by express edict inhibited the Duello for future times. Such after edicts are testimony sufficient, how frequent need hath been of them; And accordingly Henry of Navarre now King there, some five years since, published the like, and again very lately seconded himself by another constitution 
Novissima verò iam Anglic● nuperrime edita, in cuius artic xiii ista paena.  made in june last, whereby all such provocation (without special leave from the Prince's person, his Constable and Martial, or Lords lieutenants of the Provinces) is forbidden; under pain to the offendor of being deprived from ever being able to make his part good by arms with any man, as likewise from obtaining any satisfaction or amends for whatsoever injury he shall pretend to have received.  
For our own Country, let this one example be observed. Sir Nicholas de Segraue, a Baron in Edward the firsts time, challenged one Sir john de Crumbwell, and because the King's prohibition restrained the combat here in England, dared him into France, therein (as the Record mentioneth) subjecting, as much as in him lay, the Realm of England to the Realm of France. Segraue was hereupon stayed in his passage at Dover, committed to the Castle, and afterward in the king's-bench confessed his fault, and submitted himself to the King, de alto & basso. whereupon 
Placit. de Term. Pasch. 33. Ed. 1.  thus speaks the judgement, & super hoc D. R. volens habere avisamentum Comitum, Baronum, Magnatum, & aliorum de consilio suo, iniunxit ijsdem in homagio, & fidelitate, & ligentia, quibus ei tenentur, quod ipsi fideliter considerent qualis paena pro tali facto fuerit infligenda; qui omnes habito super hoc consilio dicunt, quod huiusmodi factum meretur poenam amissionis vitae. What they thus adjudged upon his desert, was (if I mistake not) grounded more on their own exasperated conceit, than any English custom.  
How this Extraiudiciall Combat is lawful or contrary (I mean by the law of arms & the imperials, although the divine law and * christianity 
Lactant. lib. de ira dei.  teach otherwise) thus I read. Licitè proceditur si iniuriâ lacessitus in eiusmodi sit territorio ubi decus et honorem suum ope iudiciali non possit tueri (ut si copia judicis non fuerit.) Illicitè, si judicis & iniuriantis 
Arg. l. 9 ff. de manumiss, vindict.  copiam habere possit. After divers glosses and commenters upon several laws of the Pandects and Code (sith honour is not less, nay more than life to be respected) my Triumvirate of writers of this subject, Alciat and the very late Bocer, and 
Alciat▪ de sing. cert. cap. 3. Bocer. lib. 2. cap. 8. Beuth. conclus. 76.  Beuther, all great Lawyers, expressly affirm as much in constant conclusion, which shall conclude also these tripartite extraiudiciall forms; the fourth for defence of possessions from injury and rapine, failing in sufficient solemnity for desert of bearing a part in this division.   

First Authors of the judicial Duel: where admitted. The Church of Rome's inhibition against it. Cap. 5.  
NExt follow the judicial sort, which are by some legal or ordinary proceeding managed, and are part of the number of the ancient Trials, which were either Canonicae or Vulgares. The Canonicae were such as relied upon Church-doctrine, and religion; as especially Oath and receiving the Eucharist, both which in England among the Saxons were in ure. The Vulgares (called 
Leges Canuti. can. 5.  exploratoriae purgationes, or probae, were the ancient Ordells thus divided: Fiery, Watery, & of Camp-fight, which is the Duello. The two first omitted, (as also the trial of Witches, by casting them bound into the water, or valuing their weight never above a certain Poise and such like) the last only is the present subject.  
In those times, which the Philologers call Mythique, there is among Poets somewhat not altogether unlike this kind of trial of doubtful right, (if you will admit that there is any preheminent right among equally respected wooers.) He that could shoot best in Ulysses' bow, was for delay by Penelope herself judged as the worthiest of Penelope. Oenomaus his proclamation 
Lucian. in Charidemo.  of his chariot-courses to make trial who should enjoy Hippodamia (which Pelops through perfidious Myrtilus at length won) savours something of respect to Bellona's judgement, for although in the swiftness of their coursers, the victory consisted, yet seeing bello armantur equi, bellumque armenta minantur, and great Achilles 
Virgil. Aeneid.  had his education under a Centaur, this is a part as well of Mars his discipline, as close handy strokes.  
In the time historic, when the great justing at Carthage in Spain was appointed by Scipio, in hovor of his Father and Uncle, two noble Spaniards Corbis and Orsua (Cozen-germans) striving for the title of superiority in a city there called Ibis, non 
Liu. Ab 〈◊〉. C. lib. 28.  alium Deorum (saith my author) hominumuè quam Martem se judicem habituros esse professi sunt: although Scipio laboured much for quiet transaction of the controversy. Both having entered the lists, maior (saith Livy) usu armorum & astu facile stolidas vires minoris superavit. But it were too Arcadian-like, to fetch hence, or out of these times the infancy or beginnings of the Duello-triall by course judicial.  
The Northern inhabitant (as▪ before is noted) have especially of old time made use of this form of searching out the hidden truth. The Russians, Hungarians, Almans, Normans, English & others. But the most common judgement of writers, and clearly the truest, derives the fountain thereof from the Ancient Lumbards', (called by reason of their long Beards Longobardi) a people, that (out of those Northern parts of Europe which under the general name of Scandia, contain Norway, Swethland, Danemarke and other regions by North high Germany) overran some of the chief countries of this fourth part of the world, and indeed at the first, when they sought those new habitations, tried their title of safe passage through some parts of Germany by single fight, twixt one of 
Paul. Warnfred. de gest. Longobard. lib. 1. cap. 12.  their own Camp, and (as Paul warnfred reports) another of their enemies. They were a nation like enough to be Fathers of such a child, 
Tacit. de morib. Germanorum.  which is alone testified in that of Tacitus, writing of the largeness of some of their neighbour's states. Contra Longobardos paucitas nobilitat: (so neat Lipsius reads it) quod plurimis ac valentissimis nationibus cincti non per obsequium, sed praeliis & periclitando tuti sunt▪ Nay the same author hath in express terms, that which directly tastes of this trying Monomachy among some of the adjoining people of that climate. Eius gentis (saith he) 
Tacitus ibid.  cum qua bellum est, captiwm quoquo modo interceptum, cum electo popularium suorum patriis quenque armis committunt, victoria huius vel illius pro praeiudicio accipitur. But for the matter-selfe without 
Carol. sigon. hist. de regno Italiae. lib. 2.  longer circumstances, Longobardorum (so says my Italian historiographer) antiqua est consuetudo, ut crimina vel maxima singulari praelio purgarentur, quae, post à per leges translata per multa tempora obseruata est. In so much that, by special constitution of Fronto (alias Frotho) King of the Danes, all 
Saxo Grammatic. hist. Daniae. ib. 5. &. 10.  controversies took this for their touchstone, until such time as King Poppo a Christian, (thinking wronged Vulcan to be a better judge than wrounging Mars) by new iuduction of the Fiery Ordell, made thereof abrogation. After the Gothique 
Martin. del. Rio d●sq. Magi. lib. 4. q. 4. sec. 2  eruptions into the Empire, and the Lumbards' power and customs enlarged, the rest (not without the allowance of one of the Pope john's) of Germany, France, and Spain, not in Criminal only but also in Civil causes have admittance of it; 
Bodin. de repub lib 4. cap. 7. ex▪ l●gibus ●●●go. bard,  and howsoever Rhotaris, a Lombard King, once prohibited it, yet he was constrained afterwards to restore it. But for the most part the Church of Rome hath impugned it with her authority. Pope Nicholas the first forbade the Emperor Lothar to try his wives suspected chastity by the appointed 
Caus. 2. quest. 5 c. 22. monomachiam & Decret ti● de. vulgari purgatione. Concil. Trident sess. 9 can. 19 ps. 2.  combat of two elected dhampions, cum hoc (so he wrote) & h●iusmodi sectantes Deum solum modò tentare videantur, so did Celestine the third and other Bishops of that Sea, last of all thus thunders the council of Trent. Imperator, Reges, Deuces Principes, Marchiones, Comites, & quocunque alio nomine, Domini temporales, qui locum ad Monomachiam in terris suis inter Christianos concesserint, eo ipso sint excommunicati: ac iurisdictione & dominio civitatis, castri, aut loci in quo, vel apud quem duellum fieri permise rint quod ab eclesia obtinent, privati intelligantur, &▪ si feudalia sint, directis Dominis statim acquirantur. Qui verò pugnam commisserint & qui eorum patrini vo▪ cantur, excommunicationis & omnium bonorum svorum proscriptionis & perpetuae infamiae paenam incurrant, & ut homicidae juxta sacros canones puniri debent, & si in ipso conflictu decesserint, perpetuó careant ecclesiasticâ sepulturâ. Illi etiam, qui consilium in causa Duelli, tam in iure quam facto dederint, aut alia quacunque ratione, ad id quenquam suaserint, nec non spectatores excommunicationis ac perpetuo maledictionis vinculo teneantur. Non obstante quocunque privilegio, seu prava consuetudine etiam immemorabili. To those which were the observant sons of the Roman Church, this and the other decrees extend their inhibitions; But the English customs never permitted themselves to be subjecteth to such Clergy-canons; always (under parliament correction) retaining, as whatsoever 
V Smith. lib 2 de ●●p Anglorum. cap. 7.  they have by long use or allowance approved, so this of the Duel; which how it first came into this Kingdom stands next to be inquired.   

Whence England received it? if from the Normans? Chap. 6.  
I Think it not easy to prove this custom in England before the Norman conquest; yet it appears that the ancient Germane (who were the fathers of the English) made some use of it, and Verstegan (in his 
Verstegan pag. 64. & 300.  chapter of the old manner of living of the Saxons) out of good authority, numbers his Kamp-fight, (whence comes our English names of Kemp, and Campion, for a Combat-fighter) among the four Ordells, which then purged or condemned as mute judges. Ad de hereunto the judgement of 
Guilford le Roville Alenconiensis in praefat▪ â le grand Cust. du Normandy.  William Roville d' Alenson, in his Preface to the old grand Custumier du Normandy; making the Norman customs (among which the Duel is one) to owe their original to England, rather than the English to Normandy. His words, because they 
Atqui, lector, adeas, fi de his consulas, Rogerum de Hoveden in 2. part. annal●um fol. 346. & seq. G. insuper Camdenun & Lambardum in explic verb. & novissi nê quae sunt ab honoratissimo & J. C. tissimo V D. Ed. Coke Eq. aurato & privatorum iudiciorum praeto●● summo ad ter●ium l●brum responsorum edita, & maxim quae ab i●sde e ●eru●sio Tilburiensi tr●●scr●bū●ur.  touch the generality of our common laws, shall not be left without a room here; At huiusce Normannicae consuetudinis (speaking of the whole Custumary) latorem sive ●atorem S. Edwardum Angliae regem testatur vulgaris illa Cronica, quae Cronica Cronicorum intitulatur: ubi de Gulielmo Bastardo Normannorum Deuce, alias Anglorum rege, loquitur dicens, quod, cum praedictus S. Edwardus ex se liberos heredes nullos haberet, Guilielmum regni heredem instituit, qui, devicto & mortuo Haroldo regni usurpatore, hac conditione regno liberè potitus est, ut scilicet leges prius a praefato Edwardo latas seruaret; qui quidem Edwardus leges etiam Normannis dederat, etiam cum Normannia diu fuisset enutritus. But all this persuadeth not such Antiquity of the English Duel. The old Saxon laws of Alfred, Edward, Athelstane, Edmund, Edgar, or others of those times, are silent of any such matter; Nor, as I remember, have the Monkish stories of that age any authority for proof of it. Only in William of Malmesbury relation is made of a combat fought and a champion slain (upon proof of 
Malmesbur. de gest. reg. li, 2 cap, 12.  the by-insimulation-wronged chastity of Gunhilda daughter to Hardknot and wife to Henry the third of Germany) but this was out of the English territory; wherefore, although the one part was English, nothing to our purpose is hence gathered. 
Leg. Guil. Coq. apud Lamb. fol. 125.  But in the laws of William the first, it is decreed, that if a Frenchman appeal an Englishman of perjury, murder, theft, mans-slaughter or robbery, Anglus se defendat per quod melius volverit, aut judicio ferri, 
* Ferri nimirum igniti, cuius formam explicatissime babes in Antiq. Eccles. Brit. & in Lamb. expli. verb.  aut Duello. It rests therefore, that we admit that the Normans, alias North man's (being by their first offspring from the Norwegian coast, where this custom as before is showed, had his breeding) were the first authors of it in this their conquered kingdom.   

The division of the Duel judicial as of judgements; the form out of the Common law till the lists entered (with authority and examples) of the Criminal Duel. Chap. 7.  
GEnerally it being thus from the ancients brought into England, what follows of it also shallbe within England chiefly confined. As 
Cicer in orat. pro Cecinna.  the division of judgements is bipartite, consisting either in punishment of misdeeds committed against the body of the state, or determination of controversies touching only particular persons, which in fewest words is expressed by Public and Private, Criminal and Civil; so (if the Trial may be denominated from the judgement,) the same distinction may be admitted in the Duel, to be either Criminal or Civil: Criminal being waged for purgation of an imputed Crime, Civil when for deciding of controversy touching private wrongs or interests.  
Particularly for the first, the offences (which are comprehended under the name of felony, which is Capital) of Treason (when appeals of Treason were admitted) Murder robbery, or such like, have from ancient time in Appeals been tryable at the Defendants pleasure by the Duel.  
Accusato (saith Ranulph of Glanuill Chief 
Glanuil. lib. ●4. cap. 1.  justice under Henry the 2) per omnia in curiâ legitimé negante, tunc per Duellum solet placitum terminari; & Henry of Bracton; habebit electionem, 
Bract. lib. 3. tracked. de coron●. cap. 21.  utrum se ponere velit super patriam, vel non, vel defendendi se per corpus suum; to which Britton, and 
Britton. cap. de appeals.  the course of the common laws accord. When the Defendant hath made choice of this purgation or trial, presently (according to those Ancients) so that exception intercede not, surety is given on both parts; on the Defendants for performing his defence by his body, on the Appellants for deraigning the battle; whereupon day is given by the Court for provision of their martial accout rements, and arraying themselves in convenient arms (the Defendant continually remaining in safe custody;) At the day prefixed, both parties prepared and appearing in Court, the Apellant recites his appeal, and the Defendant his former defence, verbatim, as at the first. Then the one takes the other by the hand, and the defendant with an oath thus prepares his stomach to the field.  
This hear you whom I hold by the hand, which say you are called by the Christian name of john that I P●ter such a year, such a day and place, (as is expressed in the Appeal) did not feloniously cause, nor compass the death (if the appeal be of murder) of Thomas your father (brother, or etc.) nor did to this felony assent as you have before supposed, so GOD shall me help and the Saints. To which the Appellant replies.  
This hear you whom I hold by the hand, which say you are called by the Christian name of Peter that you are forsworn, and therefore for sworn, because such a year, such a day, and in such a place, you did feloniously with malice prepensed, with such a kind of weapon give a deadly wound in such a place of the body of Thomas my father, whereby he died within one hour after▪ as I have before said against you, so help me God and the Saints.  
These oaths in effect are composed of the somewhat different forms in Bracton and Britton; but as agreeing to both; only thus much is the diversity. Bracton adds at the close of the first, Nec tu hoc vidisti, and to answer it the appellant thus encounters him, & ego vidi, which Britton hath not. The reason seems, because that after Hen. the 3. his time, wherein Bracton wrote the Statute of Westmin. the 1. in taking away 
West. 1. cap. 41.  that particle of Champions oaths in trial of private rights, was (as I think) by equity extended unto appeals also, as ensuing precedents offer persuasion.  
In this form (by my former authority) their mutual oaths taken, the defendant is committed to the custody of two Knights, or men of meaner fashion, secund●m quod appellatus nobilis fuerit persona vel ignobilis, who must conduct him unto the lists, (appointed and ordered by the Marshal at commandment of the judges,) so likewise is the appellant ordered, and both restrained from speech with any, except their Knights, and the justices, who before the battle receive several oaths of them in this form. This Hear you justices that I Peter have neither eaten, nor drank, nor any other thing done or caused for me to be done whence GOD'S law might be depressed and the Devils advanced so help me God. Et issint (saith john Britton) soit fait En toutes les battles de felony. Immediately follows the King's proclamation, that no man be so hardy or bold (other than the Combatants) whatsoever he see or hear, asto move, or speak loud whereby any disturbance may happen to the battle, under pain of a year and a days imprisonment.  
Thus stand the Combatans' ready in the lists as they are by those ancient Writers marshaled. But before their battle (to avoid error in the proceeding, because some differences appear,) an example or two of later times in Our Common law Annals is to be observed.  
One Adam under Ed. 3. brought an appeal 
Hill. 17. Ed. 3. ●ol 2. & lib. ass pl. 1.  for the death of his father against one▪ john who waged battle in this form. With his left hand he took Adam by the right, and laying his own right hand on a book, swore the oath before rehearsed, which é converso was seconded by the Appellant: the first concluding, and this I will defend against you by my body as this Court shall award. The other: And this I shall deraisne upon you by my body according as this Court sh●ll award. Two mainpernours, body for body, were taken for the Appellants performance on the 3. day following; the Defendant committed to the Marshal with charge to have him ready armed on the same day also, the costs of all imposed on the parties. All this was at the first appearance and pleading, and differs from Bracton, especially in that point as also the next following.  
In Henry the fourth: in an appeal of Robbery the Defendant pleads not guilty, and this was 
M. 9 Hen. 4. sol. 4. & Stanford. lib. 3. cap. 14.  ready to defend by his body, the Appellant accepts it, and upon this he was commanded by the Court to take the left hand of the Defendant in his own right hand, and took the oath with conclusion of As GOD me help, and his Saints of Paradise; his adversary in like form swore the contrary. The Appellant found two pledges for the battle, the time appointed and place in Tuthill fields, The defendant committed to the Marshal's custody; Charge given to the Apellant that the night before the battellday he should repair to the Marshal to be arrayed, so that he might be in the field by the sun rising of the same day; to both, to be then ready to perform their devoirs.  
Here is another d●fference in 
a Consuetudines Norm, cap. 68 id ipsum quod superi●res illi ●t anti quiores, habent.  priority of taking the oath by the Apellant, but the substance of all agree, and offer of reconciliation of such differences without diversities were loss of labour. Hitherto not passing the limits of common-law-writ touching the Courts ordering the preamble to this Criminal Combat. The Combatants are in the lists, we will now take view of their armour and weapons, while they resting prolong their own quiet, and anon observe somewhat their performance.   

What Weapons or Armour is to be used (by like testimony only;) the success of the Combat, and thereupon judgement. Cap. 8  
IF you inquire what weapons and armour is fittest generally for Combatants use, among 
Marc de la Ber. part. 1. c●p. 20. & 21. Alciat. de sing. certam cap. 39 Brit. cap. 23.  others most especially the great Lawyer Alciat and a very late Writer of France Messiere Marc de la Beraudiere disputing it may resolve you. I search not, what indefinitely ought to be, but what with us in England. They are to fight, saith Britton, their heads uncovered, hands and feet naked, with two bastons tipped wi●h horn of one length, and every of them a quadranguler shield without other weapon, ●ont nul ne puisse altar greiver. Of their bare handfight it might be doubted upon an old precedent under Edward 
P. 1● Ed. 2. Coron 385. Vide infra, cap. 13.  the second, where the Defendant cast his glove into the Court upon the challenge, and upon good cause of exception, the judge bids the Apellant Then refuse the glove. Where he seems in that admittance to allow it as for a Combatants wearing: but, haec soluat Apollo Of bastons & shields, that is, Fustes & scuta▪ the old law of 
Alciat cap. 39  the Lumbards' gave first use, & the express words of the Norman Custumary are, qu' ils ne puuent avoir a●tre instrument agreiver l'ung l'autre for'rs l'escu & le baston. Upon which words, in respect of their identity with the English usage the ordinary 
Cust. Norm. cap. 68 & l'ordinaire glosse sur c●o.  gloze is worthy of observation▪ thus it speaks. Ce text ne parle, ne s●entend quant a le declaration des armeures, si non au regard des non nobles. Et si on demandoit purquoy la text ne desclaire la manner come les Nobles doivent estre armeés, l'en purroit respondre que le text ne l'en parle point, pur ce qu' il est tout notoire quelles armeures ils dovient avoir pour soy combatre. My other English Authors have no such difference, nor this neither, which the Customs have inserted, that both, doit avoix les cheueu●x rougnes par dess●s les oreilles, unless that where it is said 
Uide. 1. Hen. 〈◊〉 fol. 7 ●t 9 Hen. 4. fol. 4. b. & cap. ultimum in●erius.  in some years que le teste doit estrerasé, there be so much signified. The judgement on their superiority is that if the defendant make his part good until the stars appear in heaven, or (as the Norman Customs hath it) until the time of their appearance known by the suns absence, the Apellant shall be deemed as vanquished, as a false accuser punished, and the Defendant acquirted. But if this Defendant yield or be overcome, Vltima supplicio pun●etur (saith Bracton) cum paena gravi vel graviori secundum 
Bract. lib. 3. tr. de cqrona cap. 21.  criminis qualitatem, cum exheredatione haeredum suorum, & omnium bonorum amissione, If slain, yet the formality of the common law proceeding, adiudges him to capital punishment, that thereby his posterity may suffer the grievous concomitancy of his deserved infamy, and the accuser eit de nous (saith one in person 
Britt. fol. 43. Victum non occidat Victor sed regium potiùs expectet judicium▪ Prisot. 37. Hen. 6. fol. 20▪ b.  of the King) grand guerdon.  
Rare are the examples of battles waged upon criminals in the Appalls of the English laws, and (if I forget not) the least plural number doubled, comprehends as many as are therein reported with ensuing 
a 8 Ed. 3▪ Itin. North. tit. judgement. 225. & 19 Hen. 6. fol. 47. 7. Ed. 3 fol. 310. 25. Ed. 3. fol. 42.  performance. What histories or other notes afford of that nature is fittest by itself to be collected.   

A collection of diverse examples out of the English Histories of Combats upon imposed Crimes, with some particulars of their forms and events. Chap. 9  
Under William Rous, one William de How or Own 
Malmesh. lib. 4 de gest. reg. & Flor. Wigornien. pag. 465.  accused of treason to the King, challenged his accuser to the battle, & dum segnitèr se expurgat, (saith Malmesbury) caecatus & extesticulatus est.  
Edgar son to Malcolme of Scotland, was accused 
Georg Buchanan. Rer. Scotic. lib. 7. reg. 87.  by one Orgar an Englishman, that he privily boasted himself and his allies, to be the only true heirs of the Crown; by Champion on Edgar's part it was tried in the lists, and the false accuser foiled.  
Henry of Essex, Standard-bearer to Henry the 
Flores hist. lib. 2. pag. 46. Matth. Paris in Hen. 2. pa. 133  second, in his Welsh expedition, was accused by Robert de Monteforti, that he forsook his colours in the field. The Combat was their chosen judge, the victory fell to Mountfort, qua de causa (saith Matthew Paris) Henricus notam infamiae simul & exheredationis iacturam incurrens indulgentia pij Regis apud Radingum (where the lists were) habitum monachalem suscepit.  
That of john de Viscont, and Thomas de la March, 
Apud Stovaeun in Annal. sub Ed. 3. fol. 392.  in respect it was by consent to try the truth of a case emergent out of the kingdom, neither of them being subjects here, cannot be material for this purpose.  
john of Ansley Knight, appealed Thomas Catrington 
Th. de Wal●●ngham in Ris. 2. pag. 237 ●dit. German.  Esquire of Treason, viz. that he for a great sum of money yielded up the Castle of S. saviours in the Isle of Constantine in France to the French, when as he might well have defended it, having sufficient of all provision, in qua causa cum eodem armigero armorum lege obtulit se pugnaturum. The matter was upon divers doubts and obstacles delayed in Edw. the third his life time, and proceeded as little until 3. Rich. the 2. when, Coactis iuridi●is (so Thomas of Walsingham tells me) et senioribus militibus regionis, definitum est pro causa extrinseca, sicut pro presenti causa quae non infra regni limites orta est, & pro possessione rerum transmarinarum bene licere quenquam Duello confligere, si Constabulario & Marescallo regni perantea fuisset notificata, et in eorum presentia duellum acceptatum. Day was appointed, and the place at Westminster. An exceeding conflux of people was from all parts of the kingdom. Rege cum proceribus & regni communitate ingressis prout moris est (saith my author) miles intrat armatus▪ insidens dextrarium decentissimè phaleratum. Nam appellator debet ingredi primò locum, defensoris praestolaturus adventum. A little time after, the defendant is thus demanded. Thomas of Catrington defendant, appear to defend thy cause, for which Sir john of Ansley Knight and appellant hath publicly & in writing appealed thee. and thus thrice by an Herehault. At the third proclamation, the Esquire appears mounted on a steed stratum regulariter stramentis praeferentibus arma dicti Thomae, who, when he approached the lists, dismounted himself, ne juxta consuetudines praelij Constabularius vendicaret equum si limites fuisset ingressus, sed nil sibi valet astutia sua, nam equus juxta list as discurrens aliquoties totum caput et pectus iniecit ultra limits. Ob quam causam Constabularius Thomas de Woodstock equum vendicavit, iurans se velle caput eius habere. viz. quantum inter listas de equo visum fuit, unde adiudicatus est ei equus. The Esquire entering the lists on foot, the constable & Marshal produce a certain Indenture made before them, by consent of the parties, containing the articles of the accusation, which were there publicly read. Catrington began to offer exception at some of them, thereby thinking to have somewhat extenuated the blots laid on him. But the Duke of Lancaster seeing him in delays, with an oath openly menaced him, that unless according to the Duello-lawes he would admit all in the indenture, which was drawn by his assent, as free from being taxed for insufficiency of form, he should be presently drawn and hanged as a traitor. Whereupon the Squire ceased from his exceptions, and intended only the Combat. Sir john Ansley, prout moris est, (saith Walsingham) and after him this Catrington, took oath of the truth of his cause, that he was free from all use of Art Magic, that he did not carry with him any herb, stone, or other kind of experiment of Witchcraft, as hoping thereby for victory. The Combat itself follows between them. First Lances, than Swords, afterwards Falchions are their weapons. The Squire had still the worst, even until Ansley, although with some hazard and doubt, (as you may see in the Author) got the adjudged victory.  
Some five years after, upon judgement of the 
Annal. Stovaei, fol. 477.  Parliament then holden, a Combat was fought between one Mortileto de Vilenos a Navarrois appellant, and an English Esquire called john Walsh defendant: the accusation was of treason, but the truth was, that the chief motive of Mortileto's quarrel (as himself afterwards overcome confessed) was a former discovered close combat between his wife and the Squire. But long since Mars himself was in that fault. Ob quam causam (says Walsingham) idem Navarrus 
Walsingham. 7. Rich. 2. fest. Martini. fol. 311. Edit. Camdeni.  regali judicio (qui ad spectaculum duelli cum principibus regni sui consederat) tractus & suspensus est. Although the Queen and diverse others very earnestly entreated his pardon.  
The appointed lists for the determination of that great quarrel twixt Henry Duke of Hereford 
Jd●m. ann. 23▪ Rich. 2. fol. 356  and Thomas Mowbray of Norfolk, upon imputation of some reproachful terms used against the King by Mowbray, is (because of the great consequent of Crowne-conuersion thence following) in every man's mouth famous. Yet in respect of the particulars thereof, well (as all things else) compiled by the author of the life and reign of 
1. Heyward▪ in vita Henrici quarti. pag. 45.  Henry the fourth, it deserves there the reading, whither I refer you.  
john Vpton under Henry the sixth, appealed john 
8. Hen. 6. Annal. Stovaei fol. 609.  Down, that he with his complices had imagined the King's death on the day of Coronation; Richard Duke of York, upon absence of john Duke of Bedford Regent of France, for this purpose constituted high Constable of England. The battle twixt them was fought in Smithfield, where, when they had long fought, the King (saith john Stow) took up the matter, and forgave both parties.  
john David falsely appealed his master William 
Idem pag. 635 ann▪ 25. Hen. 6  Catur an armourer in Fleetstreet, of Treason, the battle waged, the place appointed in Smithfield. Catur was so merry with his friends before the Combat, that, when he had most cause of circumspect observation, an Icarian shadow so darkened his eyesight, and weakened his forces, that he was unluckily there by his most offending servant overcome and slain.  
Out of these examples may be gathered some particulars of our Duello-ceremonies not to be neglected. But, because a difference appears twixt the jurisdiction here discovered, and that in the former examples collected from our lawannalls and old writers, separate disquisition shall endeavour reconciliation.   

Who are the judges, and have jurisdiction of the Combat. Chap. 10.  
BRacton and Britton, in their inserted treatises of the Combat, speak only of the King's justices; which you must in criminal causes understand of the King's Bench▪ with them agrees Glanuill, in these words. Ex quo fuerit duellum vadiatum, 
Glanuil. lib. 14 cap. 1.  non alio modo nisi de licentia domini Regis, vel eius justiciariorun, de caetero possunt sibi ad invicem reconciliari, speaking expressly of an appeal of Treason. But in a Term book of Henry the sixth, two learned Lawyers affirm, that the judges before 
M. 37. Hen. 6. fol. 3. & ●0.  whom the Combat is determinable, are the Constable and Marshal of England, which are to order it by the law of arms; concording are the historical precedents next before recited. Yet upon observation of all this seeming contrary testimony, the Truth will be thus apparent. That when the Appeal is upon matter disgraceful, or dishonourable to nobility, or the accusation in such form of terms & place, as cannot be sufficient ground of an Appeal by Common-law course, as when the matter (I speak especially of criminals or armoury) is not emergent within the Realm, then if the Combat be challenged, the Natural judges are those two Noble Officers, the high Constable and Marshal of England, to whom belong from Antiquity a Court called le Court de Chivalry, ad lites honorartas (as a late writer 
Mill. de nobilit. politic. pag. 154.  saith) discutiendas, iusque suum cuique famae vel dignitatis tribuendum. For this I have judge Prisots words. For calling another false, etc. No appeal (saith he) lies in our law, and by consequence no such defence, viz. by proof on body may be, for such matter belongs to the Constable and Martial, and they shall determine this by the law Civil: whereunto Nedham replies, that it is le ley del terre, & le ley nostre seignior le roy. This is infallibly confirmed by the act of 13. Richard the second, touching the Constable's power. All Constable appertient d'auer conusance des contracts touchants faits d'armes & du guerre hors de Realm. Et ainsi des choses queux touchent armes ou guerre deins le royalme, queux ne poyent estre 
Stat. 13. Rich. 2. cap. 2. vide insuper stat. 1. Hen. 4. cap. 14. 30. Hen. 6. fol. 5. 6. Hen. 8. Kel. 171.  termines ne discusses per le comen ley, oue auters usages & Customs a ycelles matters appertenants, queux auters Constables Devant ore ont duement & resonablemant uses en leur temps adioustant a icel que chescun plaintiff declara pleniment sa matter en son petition avant que soit enuoy pur ascun home a responder a icell.  
Thus, upon due conference of the former examples with these opinions, and statute laws, together with some later credit-deseruing authority 
Lambard. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Fernoeus in lib. de nobilitatis gloria pag. 312. cum. 5. Mar. ●it▪ Battle. 15.  of W. Lambards' Archion (yet unprinted) and other tradition of proof, our old Customs, and new, and both with, historical relation, may be easily made to symbolise.  
Touching the Antiquity and name of the high Constable and Martial (which in the proposed subject is to be inquired after, seeing that by some kind of good authority I find, that all trials in their court, except discussion ex bono & aequo, were by the 
a Vide verò Th. Walsingham. p. 357. & 1. Heyward in vit● Henrici. 4 pag. 92. artic. 26. ne●non Fernaeum lib. de noble. gloriâ pag. 315.  Duel; as in the Articles objected against Richard the 2. at his deposition is expressed) I confess I have not read any thing more ancient than the Continuance of Florence of Worcester his Chronicle, which in the reign 
Continuat. ad Florennt. Wigorn. ann 4. Steph. pag. 532  of King Stephen thus reports. Regij Constabulatus honorem Miloni Glocestrensi (who was Earl of Hereford, created by Maude the Empress) suo hosti ablatum Guilielmo filio Walteri de bello Campo Wigorniensi Vicecomiti dedit. But, upon that credit which a good 
b Lambard. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. De familijs quae honoratissimo insignes fuerunt isto titulo▪ seu officio consulas G. Camden in Comit. Essexiae & Heresordiae, ac etiam in prouinci● Monumethensi, addas & 6. Hen. 8. K●l. fol. 171. & Mill. de nob. pol. pag. 151.  Antiquary of right claims to himself, I am persuaded that some officer of the Constable's nature, in respect that Battle entered with the Normans, as anciently also administered this justice, as it may (saith my Author) well appear, not only by some records of history, but also by a special precedent that I have seen, concerning the whole order of proceeding in that behalf before him.  
Of his name (to leave the several forms of derivation by divers authors, which you have both collected & censured by julius Pacius in his notes 
Pacius in notis ad curopal. ad pag 62. ver. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  upon Curopalata,) the judgement of johannes Goropius Becanus and Richard Verstegan having therein divers followers is thus; That Cyning being contracted in King, and Stable or Staple signifying a prop or stay, the whole word Constable is as much 
Versteg. pag. 324. Lips. Epist. cent. 3. epist. 43. & Paul. Me●ula in cosmog. part. 2 lib 3 cap. 15. Uide Paulum Diaconum. li. 2. cap 9 de gist. Longobardori● et ad cum anno. tationes novisimas Anonymi, Curopalat▪ cum annot 1 Pacij. ad pag. 52. ver. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉,  as Columen Regis, or one that he especially depends upon in the managing of his most weighty affairs. The name of Marshal or marshal is agreed to descend from two Teutonique words, (which was the same with the old French) Mare which signified as much as our general name of horse, and Scalck, that in the old Germane and Gothique tongue signified a servant; As one out of Simeons' song in the hands of that great linguist joseph Scaliger hath, after others affirmation of as much, lately observed Fra leitais scalk theinana 1. Now lettest thou thy servant departed; (although Pacius turneth schalk 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or peritus.) so that Mareschall with us and the French is in notation but Smith in Dutch and English, Marphais among the old Lumbards', Protostrator in the Eastern Empire, expressed (if you will in Latin) Equorum 
Versteg. pag▪ 324,  Curator, whereby (as Verstegan noteth (we may perceive how names grown to high dignity have sometimes taken their original from inferior vocations.   

The form of obtaining, clear proceeding, and performing the Combat, by the ancient law of arms in the English Court of Chivalry. Cap. 11.  
ALthough not with best-seeming method, yet with most compendious (for narrowest order in comprehension,) thus far is discovered what in brief terms is thus connexed. That, of judicial Combats Criminal, some are for trial of a particular objected misdeed, against which the Common law by ordinary course proceeds; and of these the justices of the King's bench have 
Caeterum actis Parliamentariis de 35. H 8. de crimine laesae maiestatis trans mare commisso cognoscunt judices a Rege delegati etc.  the disposition, as is declared; others for purgation of offence against military honour, and transmarine treasons (remediless by the old Custom of England,) which the high Court of Chivalry is to marshal by the law of arms. The manner of this, both in proceeding & execution, is much different from the other, therefore of it by itself briefly thus.  
A Chartel containing the accusation is exhibited to the judges of Chivalry for demand of the Combat (if the Apellant make choice of a Martial trial;) the demand is comprehended in the conclusion; That he is ready to maintain the same by his body. Truth of the Cartel, and freedom of the Apellant from all purpose of malicious wrong, is by his oath confirmed. The combat upon due consideration of circumstances granted, denunciation of challenge, containing the whole chartel, by officers of arms (which was wont to be by some private persons) is sent to the accused. If upon the pro cease he be returned not found, than the challenge is published in his territories by the person (as religiously to be observed) of an Herehault; Hereof at his peril he takes notice, and upon default, 
Beuther. concl● 56. Mutio justinopolitano del Duello. lib. 1. ca 16  after six months (which is the time of instance for the appellants proceedings) is adjudged guilty. But if upon receipt of the chartel of challenge he appear not, the judge may brand him with a note of dishonour hereby purchased, of which (but only by undergoing a new challenge as actor) he can never be cleansed; or may, under pain of taking it for a confession, denounce 
Ex iustâ causâ. per Campionem se tu●tur Reus. Alciat cap. 36. Beuth. conc. 40  a new time of defence, or further upon loss of his coat armour compel him. If he appear and make his defence, but on the Duel day (his adversary being there present till sunset, and proclamations of demand made at noon and night which is peremptory and final) without just cause hide his head, it is sufficient conviction, and without all hope of restitution is his honour attainted; whereupon (saith Alciat) some appellants carry the pictures of such dastards about them with exprobration, or their coat-armour reversed, or ignominiously fastened under their horse's tail or with such like disgrace. If he stand to his defence at the appointed time and place, (which by an old constitution of Frederick are 
Alciat. cap. 6. Beuther. concl. 56. atque haec vetus Anglorum Consuetudo quam babes in lib. impress. de honore & armis. lib. 4. cap. 8.  at the defendants election, but rather indeed at the Courts appointment) to be prefixed within forty days, both parties ought to appear in the field within the lists; which are quadrangular with gates at each end (chosen in some spacious plain,) adjoining whereunto is pitched a seemly pavilion (saith fern) of Gules, as a judgement seat of the Constable and Martial; at their feet a competent number of experienced Knights with a King of arms and a Doctor or two of the civil laws, all for assistance in advise to the Court.  
The Appellant and his procurator first come to the gate on the rîght end of the lists, banded with his esquires clothed in his colours, and arrayed with his arms waiting on him. The Constable and Martial demand by voice of Herehault what he is, and why he comes so arrayed? Upon his answer, and discovery of his face by removing the visor of his headpiece, he is admitted, and by a Knight, with an Herhault of the Province, conducted into the lists, and placed before the judgement seat on the right hand, in like sort and converted solemnity is the Defendant placed with his face opposite to his adversary 
Gloss ordinaire sur les customs, cap. 68 dist. 4.  on the left side. The gloss upon the Norman customs say que la cause est pour ce que le dextre party est pluis dign & le sinister moins dign. Search is made by the Knights both of equality of their weapons (which are also at the Defendants election so that he confine his choice within Ancient, Usual, and Military, although Omnium more receptum est (saith Alciat) nobili et generoso viro 
Alciat. cap. 39 & 40. Uide superius. cap. 8.  magis convenire, ut eques & quidem loricatus congrediatur quam mercenariorum peditum more prodeat, cum equestris militia nostris moribus dignior sit & in nobilium usu frequentior. Solent autem (si aliter conventum non sit) in campum omnia geminata arma provocati defer, ut eorum quae ipsi in procinctu elegerint paria adversarijs per magistros seu advocatos dari possint▪) as also whether they have any enchantments, or magic assistance for the victory.  
Upon sound of a Trumpet the Apellant and Defendant are severally demanded; who in person present, the Register to their procurators, after recital of the process; Vous Parains saches rien dire en impeachment del combat? The Procurators affirming that they admit all, it is demanded of the Appellant if he persist in his first purpose, and likewise of the Defendant; both affirming, the Apellant kneeling layeth his right hand on the Evangelists, and with his left taketh the Defendant by the right.  
Then the Register. I. R. Apellant, what sayest thou to S. T. Defendant?  
hereupon the Apellant briefly rehearseth his chartel of defiance to the Defendant with a concluding oath for the truth of his quarrel, to which the Defendant è converso reciting his defence, with denial and oath respectively applied, gives answer, the beginning of both forms being thus.  
Hear you this my Lords, all true Knights and 
Fern. lib. de gloria nobilit. pag. 327.  Gentlemen bearers of arms, and thou S. T. Defendant, etc. The conclusion; And that my quarrel (or defence) is true, neither have 〈◊〉 done any thing whereby the Law of God and of Knighthood might be depressed, and the Law of Satan enhanced, so help me God.  
All this finished, the parties are set a part and prepare themselves to the battle, an Here haut pronouncing soiet labattaile grauntus & victory a ceux que droit, with proclamation, that none be so hardy, as by motion, speech, or crying out to discomfit the Combatants or disturb the Combat; then immediately an Officer at Arms proclaims, Approver, guards vostre challenge, & vous defender, guards vostre defence. Upon the sound of the alarm the battle gins.  
The time or instance (as the justinianists call it) of the Combat is an artificial day from sunrising (when the lists are to be entered) unto sunset, & licet aliqui (saith my Author) usque 
Alciat. cap. 41. de sing. certam▪ Smith▪ de repub. Ang●or. lib. 3. cap. 3.  ad stellarum apparitionem permanendum existiment, tamen receptior est sententia ut simpliciter occasus expectetur. If the Apellant overcome not the Defendant within that time, the Defendant is deemed guiltless of the imputation. But been protebbe (Mutio justinopolitano telleth 
Mutio. justinopolitano. lib. 2. cap. 12.  me) la patente del campo esser stata ispedita con tall forma, che per la partersi del sole la bataglia non si dourebbe partire, o il seguente giorno si dourebbe renovare.  
He to whom either upon default, (which preiudices the approver also) or performed Combat, the victory is adjudged, shall after request of his procurator to the Constable and Martial be publicly declared Victor.  
But by the way observe that it suffices not that a superiority appear only in their manhoods, Duelli enim is est (my Author so says) finis ut alter vel pereat, vel dedititium se fateatur. 
Beuther. concls. 65. Alciat. cap. 42.  Ante id factum, licet alter videatur superior, tamen propter bellorum casus, quibus quandoque propiores victis sunt victores, non dicitur alter superatus; so that either Death or Disdict, as they call it, which is yielding or confession of his guilt, must be the final issue whereon perfect Victory can be 
Fern. lib. de gl. noble. pag. 334.  allowed. Then shall the Victor with an honourable attendance of Knights and men of arms mounted, enter the field and thrice march round the lists, and shall take with him the whole process of the chartel, defence, issue and judgement, sealed with the Court seal in perpetual testimony 
Beuth. conclus. 65. arg. L. F. C. de calumniis▪ et C. de accusat. L. F.  of his performance and maintained honour. Morte non secuta, (saith Beuther) aut disdicta non extorta, judex pugnae contra provocantem pronunciabit eum scilicet capituum esse provocati, eo modo quo provocans devictus fuisset aut confessus provocantis victoris captiws. Of him that yields, permissum est victori (I have 
●lciat. cap. 43.  good authority for it) arma, vexilla, ephippia, equos, armillas, sibi habere.  
But howsoever Time and the Imperials have hereof judged, not only Christianity now excludes the Laws of captivity, but also Reasons of Chivalry which you have in Mar● de 
Beraudire. part. 1. cap. 24.  la Beraudiere Lord of Mawoisin, who agrees notwithstanding that the arms of the yielding Combatant are due as yielded with his body, & s'il est tue son enemy le peut despouiller et les doit emporter come estant les urais marques de sa victoire & n'en doit estre empesche. So much for the general form of the obtaining, clear proceeding, and performing of the Combat, by the law of arms.   

Private wrongs determined by the Duel, and they either touching Arms and Gentry or Right of Land-inheritance. Cap. 12.  
Our division hath his other part of trials of private rights and interests, which are either touching Gentry and bearing of coat-armour & such like or concerning right of demesnes & inheritance.  
The first of these are upon controversies of such nature as were between the Lord Grey of Ruthen and Sir Edward Hastings under Hen. the 
Mill de pol. nob. pag. 153.  third, for the coat of the family of the Hastings: between the Lords Lovel and Morley, for the bearing of the Burnells: Richard Scroop, and Robert Gravenor under Richard the second. Examples of such titles to ensigns of Nobility tried by proof on body are that of Sir john Chandos an 
Bosewell in lib. heraldic. sol. 79  English Knight, and the Lord del Cleremount a Frenchman for bearing the image of our Lady, with her child standing in the Sun, which by right of arms after the battle of Poitiers is reported to be won by the English manhood; and that of Hugh Vaughan Gentleman-usher to Henry the seventh and Sir james Parker slain at 
VIII. Hen VII. Stovaeus. pag. 795.  the first encounter in their combat at Richmond before the King. As these causes and the like, which concern the differences arising twixt Gentlemen for their bearing, are determinable in the court of Chivalry, so the Duel on them waged is before the same judges, in such sort as is before showed, (with respective sentence) to be managed and performed.  
The respect, which antiquity in this Kingdom gave to the trial of right of inheritance by bodily opposition, may be gathered from that old Tenure by which the manner of Scrivelby in Lincolnshire was long since (and for aught I know) is yet holden: viz. by grand serieanty, that at the inauguration of England's Kings, the Lord of this manor for the time being, or some other in his name, if 
Inquis. 23. Ed. 3. Camden in Coritanis, & in Cornavijs. pag. 406. & 438.  himself be unable, Veniet benè armatus pro guerrâ super uno bono dextrario in presentia D. Regis die Coronationis suae & proclamari faciet●si aliquis dicere volverit, quod dictus D. R. non habet ius ad regnunsuum et coronam suam, promptus erit & paratus ad defendendum ius Regis & regni sui, & dignitatis Coronae suae, per Corpus suum versus ipsum & alios quoscunque, which about Edward the third his time was a service 
Anni. 1. Rich. 2 in rot▪ pat. edit. in Cromptono de iurisdictione Cur. fol. 85.  of the Frevils, but at Richard the second his coronation, upon claim made to the high Steward, and title of descent by marriage showed, was allowed to the Dimocks which now hold it.  
This institution offering (at least for fashion) to military judgement, the defence of the supreme right to the English Diadem, hath been in more earnest observed in debates of private interests, the ancient custom of England always allowing that as well for possession of inheritance (in the actions which the Lawyers call Droit p●tent, droit d'auouson, Quo iure, Rationabilibus divisis, and such like, which aim at the mere right of the thing demanded) as for defence of life or honour, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, liberty should 
H●siod. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  be given to the defendant of provocation from jupiter and Mercury, (provided he omit the sharp) to the God of arms. The order whereof, and particular performance, we next inquire after.   

Combats upon right of inheritance in land-possessions, how granted, prepared, and determined: with judgement on them. Chap. 13.  
THe ancientest Combat offered in such civil causes, that I have read of, was in Richard Ceur de Lions time, to one William Basset, upon demand by one Emme de P. of a Knight's fee in Corfeton in 
Mich. 6. Rich. 1. rot. 3. ap west.  Wiltshire, where Willielmus dicit quod sunt de uno stipite & ideo non debet inde probari. Where note that the demandant in her Count, after disclosing her right, kept that order which you have in Glanuill, & hoc prompta sum probare per hunc hominem 
Glanvil. lib. 2. cap. 3.  meum liberum I. S. & si quid de eo male contigerit per illum, vel per illum tertium, & quot volverit (saith he) 
West. 1. cap. 40.  ita poterit nominare, sed unus tantum vadtabit duellum, qui hoc vidit, vel audivit, which was by act of parliament afterwards altered, vel per alia veiba sic, & hoc paratus sum probare per hunc liberum hominem meum I. S. cui pater suus iniunxit in extremis agens, in fide qua filius tenetur patri, quod si aliquando loquelam de terra illa audiret, hoc diracionaret sicut id quod pater suus vidit & audivit. Thus it seems in those days it was the course for the demandant, to offer his proof in his Count at the Bar by the body of his freeman, but so that it rested always in election of the tenant (so the Lawyers call the defendant in such case) to join issue upon the offer, or cast all upon the King's grand assize; as the same author more largely declares. But the form since those times (and that most frequent in the Law●annalls) hath been to omit the offer of the battle in the Count, in am whereof a general clause of tendering suit and proof, is the common inserted conclusion; hereupon the Tenant (with formal defence of his right premitted) answers: and this right he is ready to prove by the body either of himself or his freeman there present, with such ensuing words, as after Glanduills' description, the demandant concluded his Count with. If exception hinder not, the demandant replies (with allowance of emparlance to prepare his champion) recounting his first declared right, that he is ready to prove the same by his own or the body of his freeman there present, with particular names, and formality of pleading pursued. Upon demand by the Court each of the Champions deliver in their glove (which they before hold in their right hands, as they are led by the Parties sergeant) as tokens of mutual challenge 
Annal. Stovaei pag. 1133.  (yet it is reported, that in Paramours case under the late Queen Elizabeth, the champion of 
Haec omnia colligas licet ex annal. juris Anglic. 4. Ed. 3. fol. 41. 29. Ed. 3. fol. 12. 30. Ed. 3. fol. 20. 1. Hen. 6. fol. 6. 13. Eliz. Die fol. 301. & ex annalibus johannis Stovaei pag. ●133.  the defendant only threw down his glove, which his adversary in acceptance of the challenge took up and brought before him into the lists.) The Court further demands of the demaundants champion, Will you upon this right adventure your body? he affirming: his adversaries glove (so I understand it) is delivered to him, & respectively in like sort the other is ordered; with a commandment for re-delivery of the gloves. At the same time, or (if the Court think fit, at some other day given) the champion of the tenant is commanded to come over the bar into the Court, barehead, ungirt, uncloaked and barefoot, and commanded to kneel down on the left side; the other champion likewise in every respect, and kneels on the right side; the court demands of the sergeant if they know any thing why these champions are not fit for the combat? Which admitted, the gloves are redelivered to them, within every finger a penny (which they were commanded by justice Thorp to offer en l'honneur des cinque plates que dieu suffer.) Nothing being moved touching misjoining the issue, or mispleading, judgement is given with Cest Court agard que la battle soit, such a day next coming, with place convenient appointed. The Champions were wont to be sent to several churches, there to invoke the aid of some Saints to the assistance of their victory, with charge also, that they be not suffered in the mean time, to have any speech together before the lists entered. The Champions find pledges for their performances; the parties take charge to have them prepared fit for the combat against the day appointed. Lists are made in some spacious plain, some twenty paces square, with a tribunal for the judges adjoining; into which at the prefixed time after the court set, and by proclamation fi●st the demandant, and then his champion demanded, the champion enters the lists clothed at his discretion, but barelegged from the knee downward, bareheaded, and bare-armes to the elbow, lead by a Knight carrying a baston gules of an ell length, a yeoman carrying his target of double leather and, after three respectful and solemn congees to the justices, is placed on the right side of the court, in like manner his adversary, in all equality of form, placed on the left side. The self same ceremonies of proclamation and oath, as in a criminal Duel before the justices above recited, here used, nothing remains but the next succeeding handstrokes. I observe to you by the way, that in an old manuscript of P. 6. Ed. 2▪ in a writ of right between Thomas of Ailesthorp against the Abbot of Fountaignes, the Champion was brought to the bar in the before declared order, and also deschevilé oue un pair des gaunts plies en son main dextre. Touching his being deschivelè remember what the Norman customs have 
Chartam istam ann. 42. Hen. 3. confectam inter collectanea sua trascriptam ostendit mihi Nicolaus Charles Lancastrensis faecia●is quem studia mea bene merentem libenter agnoscunt.  before also discovered, to which, add the testimony of an old deed made in the time of Henry the third, whereby one Henry de Ferneberg, dictus marescallus did bind himself to the Abbot of Glastenbury, to be his champion at all times for the manors of Pucklechurch, Kranemer, Blackfort and Winsscomb and other possessions against the Bishop, Deane, and chaper of Bath and Welles and against any chosen champions by them, pro triginta marcis sterlingorum whereof the Abbot was to pay him ten marks at the time of waging the battle, & in-tonsione meâ (saith the deed in the first person) 5. marcas.  
Upon determination of this combat, as in the other of appeals, final and peremptory judgement is to be given, (quae enim (saith Glanuill) per 
Glanuil. lib. 2. cap. 3.  duellum fuerint terminata perpetuam habent firmitatem:) and the vanquished without death to be judicially noted with perpetual infamy.  
Examples of battles fought, and judgements given on the victory are very rare or rather are 
4. Ed. 3. fol. 41.  not in our published yeare-bookes, only about or two is adventured in Ed. the 3. his time, in a writ of right between Peuerell and Shirley. In the late Elizabeth's time composition prevented the intended concourse. But in an ancient written parchment report of the later years of Ed. the 1. I have seen in a droit patent by john de Croke, Richard de Gurney, & Godefrid de Bello-mont, for the manor of Greton in Suffolk, against the Abbot of S. Edmundsbury before Simon of Rochester and his Associates justices in heir there at To●hull, that the Abbot offered battle for his defence by his Champion Robert de Mutford, the demandant joining with him by the body of Robert Fitzwilliam le Bret: Quo die venerunt partes serut entes armati, & fuit Duellum inter eos armatum, & percussum, & seruiens praedicti Abbatis convictus fuit & interfectus; and thereupon a final judgement was given for the Demandants recovery.  
With short recapitulation thus I conclude; that, from antiquity Combats of all sorts have proceeded; that from the Lumbards' and Northern people, whose posterity filled this Kingdom's continent, the judicial sort were hither first derived; that the causes were either criminal or civil, & both of different natures, and belonging to different jurisdictions, and so by several forms of Combat have been of right triable; which forms in general view are here described. Of particular exceptions to the Appellants, or saving defaults in the one, or to the Champions or cause-selfe in the other, or any of them, the treatise is too particularly disposed for the design of this collection; which aims wholly at the general nature, and form, & antiquity of the Duello performed, omitting to those which have largely discoursed it all interposed obstacles and niceties of inquisition?  
— Pax una triumphis 
Sil. Italicus. lib. 11.  Innumeris potior.—  
FINIS.