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that no man of what estait, title, or degree whatsomever, shall aproach the lists nearer than four foot in distance; none shall utter any speech, voice, or countenance, wherby either the Challenger or Defender may take advantage; upon pain of loss of lyfe, living, and goods, to be taken at the Kings good pleasur.

THEN the Constable assignd a place convenient within the lists wher the King of Arms, Heraulds, and other officers should sitt or stand, and be ready if they wer call'd; ffor afterwards all things wer committed to their charge, als weill on the behalf of the Defender as Challenger; as if any thing were forgotten in ther confessions, either toutching ther lands or consciences, or that any of them desyred to eat or drink: All these wants were supplyed by the Heraulds, and none other.

BUT here is to be noted, That no meat or drink could be given to the Challenger, without leave ffirst asked of the Defender, who comonly did not deny the requeist: And, after, the Herauld went unto the Constable and made him privie therunto, desyreing the favour that the combatants might eat and drink, or ease their bodies if need were.

AFTER these orders taken, the Constable and Marishall did avoyd the lists of all sorts of persons, save only one knight, and two esquyrs, armed, to attend the Great Constable; and tuo esquires only to wait on the Marishall; ather of them having in his hand a launce without a head, ready to part the combatants, if the King did command.

Of more ancient tym, the Constable used to have tuo lieutenents and four servants, and the Marishall one lieutenent and tuo servants, within lists; one part to keep order on one syd, and the rest on the other. And if the Queen hapned to behold the combat, then the Constable and one lieutenent, and the Marishall with none but himself, waited upon the Kings syd; and ther lieutenents attended on the Queen.

THEN did the Constable alone, sitting doun befor the King, send his lieutenent to the Challenger to come unto him; and the Marshall accompanied the Defender.

THE Constable thus sett, did pronounce this speech with a loud voyce, Let them goe! Let them goe! Let them goe! and do their best! UPON which words, pronounced in the Kings presence, the Challenger did march towards the Defender, to assaile him furiously, and the other prepared himself for defence the best he could.

In the mean time, the Constable, Marishall, and their lieutenents, stood circumspectly to hear and see if any word, sign, or voyce of yeelding were

uttered by ather of the ffighters; and also to be ready, if the King should command the launces to be lett fall, to depart the ffight.

ITEM, it belonged of old to the Constable to take heed that none of them should privily speak to other of yeelding or otherways; ffor unto the Constable appertaind the record and witnessing of all things.

AND in cace the combat wer for question of treason, he that was vanquished should be furthwith disarmed, within lists, by commandment of the Constable; also, the weapons and armour of the vanquished was in one end of the lists defaced to his disgrace, and after the same drauen out togither with his horse; ffrom thence also the man vanquished was drauen out unto the place of execution to be there headed or hanged, according to the custom of the countrey.

THE performance of the said punishment of treason on the bodies of the vanquished pertains to the Marishalls, who, at the Kings command, must see justice duely administrat.

If the combat wer only for tryall of vertew or honour, he that was overcome therin was only disarmed, and put out of the lists without furder punishment.

If it should happen that the King should take the quarrell into his hand, and agrie the parties without longer ffight, then did the Constable lead the one, and the Marishall the other, out of the lists, at severall gates, armed, mounted as they wer, haveing especiall regaird that neither of them should go the one befor the other; ffor the quarrell, resting in the Kings hand, might not be renewed, or any violence offered without prejudice to the Kings honour.

AND becaus it is a poynt very especiall in matters of arms, that he, who leaveth the lists ffirst, incurreth a note of dishonour; therfor to depairt the lists in dew tym was ever precisely observed, were the combat for treason, or whatsomever cause els.

The Constables Fees.

CAP. VIII.

THE Constable should have all the armours or weapons that are accustomed to have or hold ffree battell; that is to say, a spear, a sheild, a long

sword, a square sword, and a knyfe, with the haill jewells and rings the vanquisht had about him at his entring in quarrell.

¶ The Marishalls Fees.

CAP. IX.

THE fees of the Marishall were all horses, broken armour, or other ffurnitur that fell to the ground efter the combatants did enter the lists, als weill from the Challenger as from the Defender. But the more inward abulyiements pertaind to him that was victorious, whither Defender or Persewar.

THE barrs, posts, railes, and every other part of the lists, wer also the ffees of the Marishall.

[¶ The counter Lists.]

CAP. X.

IT is also to be remembred, That without the principall lists were ever

certain counter lists, betuixt which tuo the servants of the Constable and Marishall did stand. Ther stood, also, the Kings serjeants at arms, to see and consider if any default or offence wer committed contrarie to the Constables proclamation, against the Kings royal Majestie, or the law of arms. These men were ever armed at all pieces to keep the lists, and also to arreist and apprehend any the Constable or his lieutenent should command.

XV.

MEMOIR

OF

JOHN SECOND EARL OF PERTH.

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