Chapter XXV: Appendix: E

ASHMOLEAN MSS. RELATING TO JUDICIAL DUELS

DISCOURSES ON LAWFUL COMBATS IN ENGLAND

No. 856.
Par. 9. A Discourse “Of the antiquity, use, and ceremony
of lawfull combates in England.” 115-125.
12. A Discourse “Of the antiquitie, use, and ceremony
of lawfull combates in England, written by
Mr. James Whitelock of the Middle Temple.” 149-153.
13. “The antiquity, use, and ceremonyes of lawfull
combates in England.” 154-156.
14. “The antiquity, use, and ceremony of lawfull
combates in England.” 157-172.
“Ex collect’ Guil: Dugdale.”

No. 865.
10*. A treatise of “The wageing of Bataill between two
partyes. First. The quarrell and bills of the
appellant and defendant must be pleaded in the
court.” 58-276.
“_The fee of the Constable is the lystes, the
barris, and stagis belonginge to the same._
Thus endeth the wageing of battaill before the King.”

1115.
97. Erotulis publicis quaedam annotationes; primo de
Militbus Ordinis, et de Windesora; postea de,
constabulariis castri Windesorae, de duello,
et de insigniis armorum. 225-6b.
Extracts by Ashmole, chiefly from the Patent
Rolls and Close Rolls, Hen. III-Ric. II.

No. 840.
47. A short extract by Sir W. Dugdale “Out of a
discourse in French concerning the antient
manner of Combates.” 211.

764.
7. “De la droite ordonnance du Gaige de Bataille par
tout le royaume de France. Phelipe _par la
grace de Dieu Roy de France a touz ceulx qui
ces presentes lettres verront salut_.”
This letter of King Philip IV, written in 1306,
limits the practice of wager of battle, and
is prefixed toregulations for the whole course
of combat. 44-54ᵇ.

856. Order in England, temp. Ric. II.
4*. A book “Of the manner and order of combating within
the listes, delivered by Thomas Duke of
Gloucester unto King Richard the second.” 83-89.
Transcribed “Ex MS. in Bibl’ Hatton,” _with the
listes_, scaffold, and tymber used at the 83-89.
said battaile. Compare Art. 23.
16. “The manner of Donnald Ld Rey, and David Ramsey esq.
their comeing and carriage at their tryall, upon
monday, the 28 of November 1631, before the Ld of
Lynsey, Lord High Constable of England, and
others.” This is a very full report of the
trial. 175-227.

824.
V. Another account of the same. 34-46ᵇ.

856. Treatise, temp. Hen. VI.

22. “Loo my leve lordes, here now next folowing is
a Traytese, compyled by Johan Hill, armorier
and sergeant in the office of Armorye wt kynges
Henry ye 4th and Henry ye 5th, of ye poyntes of
Worship in Armes that longeth to a Gentilman
in Armes, and how he shall be diversly armed
and gouverned, under supportacion and favour
of alle ye reders to correcte adde and amenuse
where nede is, by the high commaundment of the
princes that have powair soo for to ordeyne
and establisshe. _The first honneur in armes
is a gentilman to fight in his souverian lords
quarell in a bataille of treason._” 376-383.
A.D. 1434.

23. “And here next foloweth the maner and fourme
of makyng of the thre Oothes that every
appellant and defendant owe to make openly in
the feelde before the Kyng and the Conestable
and Mareschal, the same day that they shal do
thair armes, both in Frensshe and in Englisshe;
compyled and abstracte oute of a notable
Traityes made of the rieule and gouvernance of
the feelde in armes, by Thomas of Wodestoke
sumtyme Conestable of Englande and uncle to
Kyng Richard (the second), to whom he presented
the saide traities, submitting it to his
noblesse to correct, adde, and amenuse as his
highnes best liked.” 383-391.

“_La fee du Mareshal est les listes, les
barrers, et les estages dycelles etc._”

6*. “The Earle Marshall’s order in the quarrell
betwixt Anthony Felton and Edmond Withepole
esquires, xxiij May 1598.” 105-107.

7. “The manner of the challendge made by the Earle
of Northumberland against Sir Francis Yeare,”
both by letter dated 24 Apr., 1602, and by
inter-messages, until forbidden by the Queen’s
commandment. 107-111.
“Ex MS. in Bibl’ Hatton.”

8*. A statement of “The French King’s edict
constitutinge duellos to be punished in the
nature of treason, within his dominions.” 112-14.

9. A Discourse “Of the antiquity, use, and ceremony
of lawfull combates in England.” 115-125.
“Ex. MS. in Bibl’ Hatton.”

10. “Duello foild. The whole proceedings in the
orderly disolveing of a designe for single
fight betweene two valient gentlemen; by
occasion whereof the unlawfulnesse of a duello
is preparatorily disputed, according to the
rules of honour and right reason; written by
Lord Henry Howard Earle of Northampton.” 126-145.

11. “A Discourse touching the unlawfulness of
private combates, written by Sr Edward Cooke
Lord Chiefe Justice of England, at the request
of the Lord Henry Howard Earle of Northampton.”
(3 Oct., 1609). 146-8.
“Ex. MS. in Bibl’ Hatton.”

15. His Maᵗˢ: declaration against duells, published
at his Maᵗˢ: chappell at Bruxells upon sonday
the 24th of November 1658. 172.