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A11870 The duello or single combat from antiquitie deriued into this kingdome of England, with seuerall kindes, and ceremonious formes thereof from good authority described. Selden, John, 1584-1654. 1610 (1610) STC 22171; ESTC S117105 31,538 62

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this right aduenture your body hee affirming his aduersaries gloue so I vnderstand it is deliuered to him respectiuely in like sort the other is ordered with a commandement for re-deliuery of the gloues At the same time or if the Court thinke fitte at some other day giuen the champion of the tenant is commanded to come ouer the barre into the Court bare-head vngirt vncloakt and bare-foote and commanded to kneele downe on the left side the other champion likwise in euery respect and kneeles on the right side the court demands of the Serieants if they know any thing why these champions are not fit for the combat Which admitted the gloues are redeliuered to them within euery finger a penny which they were commanded by Iustice Thorp to offer en l'honneur des cinque plates que dieu suffre Nothing being mooued touching misioyning the issue or mispleading iudgement is giuen with Cest Court agard que la battaile soit such a day next comming with place conuenient appointed The Champions were wont to bee sent to seuerall churches there to inuoake the aide of some Saints to the assistance of their victory with charge also that they be not suffered in the meane time to haue any speech together before the lists entred The Champions find pledges for their performances the parties take charge to haue them prepared fit for the combat against the day apointed Lists are made in some spatious plaine some twenty paces square with a tribunall for the Iudges adioyning 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 bare-legged from the knee downeward bare-headed 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 respectfull and solemne congies to the Iustices is placed on the right side of the court in like manner his aduersary in all equallity of forme placed on the left side The selfe same ceremonies of proclamation and oath as in a criminall Duell before the Iustices aboue recited here vsed nothing remaines but the next succeeding hand-strokes I obserue to you by the way that in an old manuscript of P. 6. Ed. 2 in a writ of right betweene Thomas of Ailesthorp against the Abbot of Fountaignes the Champion was brought to the bar in the before declared order and also descheuilé oue vn paire des gaunts plies en son maine dextre Touching his being deschiuelè remember what the Norman customes haue Chartam istam ann 42. Hen. 3. confectam in ter collectanea sua trascriptam ostendit mihi Nicolaus Charles Lancastrensis faecia●is quem studia mea bene merentem libenter agnoscunt before also discouered to which adde the testimony of an old deede made in the time of Henry the third whereby one Henry de Ferneberg dictus marescallus did bind him-selfe to the Abbot of Glastenbury to bee his champion at all times for the mannors 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 tenne markes at the time of waging the battell in-tonsione meâ saith the deed in the first person 5. marcas Vpon determination of this combat as in the other of appeales finall and peremptory iudgement is to be giuen quae enim saith Glanuill per Glanuil lib. 2. cap. 3. duellum fuerint terminata perpetuam habent firmitatem and the vanquished without death to bee iudicially noted with perpetuall infamy Examples of battels fought and iudgements giuen on the victory are very rare or rather are 4. Ed. 3. fol. 41. not in our published yeare-bookes onely about or two is aduentured in Ed. the 3. his time in a writ of right betweene Peuerell and Sherley In the late Elizabeths time composition preuented the intended concourse But in an ancient written parchment report of the later yeares of Ed. the 1. I haue seene in a droit patent by Iohn de Croke Richard de Gurney Godefrid de Bello-mont for the mannor of Greton in Suffolke against the Abbot of S. Edmundsbury before Simon of Rochester and his Associats Iustices in eire there at To●hull that the Abbot offered battell for his defence by his Champion Robert de Mutford the demaundant ioyning with him by the body of Robert fitz-fitz-William le Bret Quo die venerunt partes serut entes armati fuit Duellum inter eos armatum percussum seruiens praedicti Abbatis conuictus fuit interfectus and there-vppon a finall iudgement was giuen for the Demandants recouery With short recapitulation thus I conclude that from antiquity Combats of all sorts haue proceeded that from the Lumbards and Northerne people whose posterity filled this Kingdoms cōtinēt the iudiciall sort were hither first deriued that y e causes were either criminal or ciuil both of different natures and belonging to different iurisdictions and so by seueral formes of Combat haue bin of right triable which formes in generall view are here described Of particular exceptions to the Appellants or sauing 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 designe of this collection which aimes wholy at the general nature and forme antiquity of the Duello performed omitting to those which haue largely discoursed it al interposed obstacles and nicetyes of inquisition Pax vna triumphis Sil. Italicus lib. 11. Innumeris potior FINIS