a proclamation against fighting of duels england and wales. sovereign (1660-1685 : charles ii) this text is an enriched version of the tcp digital transcription a32354 of text r19476 in the english short title catalog (wing c3215aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a32354 wing c3215aa estc r19476 12115369 ocm 12115369 54277 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32354) transcribed from: (early english books online ; image set 54277) images scanned from microfilm: (early english books, 1641-1700 ; 863:34 or 2287:9) a proclamation against fighting of duels england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill and christopher barker ..., london : 1660. reproduction of originals in bodleian library and huntington library. at head of title: by the king. at end of text: given at our court at whitehall the thirteenth day of august in the twelfth year of our reign, 1660. copy at reel 2287:9 is improved copy over that at reel 863:34, which is cropped, lacking imprint, and is incorrectly identified as wing c3215. eng dueling -great britain. broadsides -london (england) -17th century. a32354 r19476 (wing c3215aa). civilwar no by the king. a proclamation against fighting of duels. england and wales. sovereign 1660 497 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2003-04 tcp assigned for keying and markup 2003-05 apex covantage keyed and coded from proquest page images 2003-06 mona logarbo sampled and proofread 2003-06 mona logarbo text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion cr diev·et mon·droit honi·soit·qvi·mal·y pense royal blazon or coat of arms by the king . a proclamation against fighting of duels . charles r. whereas it is become too frequent , especially with persons of quality , under a vain pretence of honour , to take upon them to be the revengers of their private quarrels , by duell and single combate , upon slight , and , which ought not to be , upon any provocation . we considering that the sin of murther is detestable before god , and this way of prosecuting satisfaction , scandalous to christian religion , and the manifest violation of our lawes and authority , having by our declaration published at brussels the twenty fourth day of november , 1658. manifested to the world our utter dislike of such impious and unlawful duells . now , out of our pious care to prevent unchristian and rash effusion of blood , do , by this our proclamation strictly charge and command all our loving subiects of what quality soever , that neither they , by themselves , nor by others , either by message , word , writing or other wayes or means , challenge or cause to be challenged any person or persons to fight in combate or single duell ; nor carry , accept or conceal any such challenge or appointment , nor actually fight such duell with any of our subiects , or others ; or as a second or otherwise , accompany or become assistant therein . and we do hereby declare , that every person or persons who shall offend contrary to this our express command , shall not only incurre our highest displeasure , but thereby become incapable of holding or entertaining either office or imployment in our service , and never afterwards be permitted to come into our court or presence . and further , he or they to suffer such other pains and punishments , as the law shall inflict , upon offences of that horrid nature . and we do further declare , that if any person or persons whatsoever , do receave , accept or know of any challenge , sent or delivered as aforesaid , and do not forthwith give notice thereof unto some of our privy councel , or otherwise to the next iustice of peace , near whereunto the said offence shall be committed ; he or they so offending , shall be lyable to the penalties before expressed , and proceeded against according to law , with all rigour and severity . and lastly , we do hereby forbid all intercession or mediation unto us to be made , for or on the behalf of the offenders . hereby declaring , that we will not extend our pardon to any person that shall contemn our command expressed by this proclamation . given at our court at whitehall the thirteenth day of august in the twelfth year of our reign , 1660. by the king. a proclamation against fighting of duells england and wales. sovereign (1660-1685 : charles ii) this text is an enriched version of the tcp digital transcription a79281 of text r212576 in the english short title catalog (thomason 669.f.25[71]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79281 wing c3215 thomason 669.f.25[71] estc r212576 99871179 99871179 163876 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79281) transcribed from: (early english books online ; image set 163876) images scanned from microfilm: (thomason tracts ; 247:669f25[71]) by the king. a proclamation against fighting of duells england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill and christoper barker, printers to the kings most excellent majesty, london : 1660. at end of text: given at our court at whitehall the thirteenth day of august in the twelfth year of our reign, 1660. annotation on thomason copy: "aug 15". reproduction of the original in the british library. eng dueling -great britain -early works to 1800. a79281 r212576 (thomason 669.f.25[71]). civilwar no by the king. a proclamation against fighting of duells. england and wales. sovereign 1660 524 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation against fighting of duells . charles r. whereas it is become too frequent , especially with persons of quality , under a vain pretence of honour , to take upon them to be the revengers of their private quarrels , by duell and single combate , upon slight , and , which ought not to be , upon any provocation . we considering that the sin of murther is detestable before god , and this way of prosecuting satisfaction , scandalous to christian religion , and the manifest violation of our lawes and authority , having by our declaration published at brussels the twenty fourth day of november , 1658. manifested to the world our utter dislike of such impious and unlawful duells , now , out of our pious care to prevent unchristian and rash effusion of blood , do , by this our proclamation strictly charge and command all our loving subiects of what quality soever , that neither they , by themselves , nor by others , either by message , word , writing or other wayes or means , challenge or cause to be challenged any person or persons to fight in combate or single duell ; nor carry , accept or conceal any such challenge or appointment , nor actually fight such duell with any of our subiects , or others ; or as a second or otherwise , accompany or become assistant therein . and we do hereby declare , that every person or persons who shall offend contrary to this our express command , shall not only incurre our highest displeasure , but thereby become incapable of holding or entertaining either office or imployment in our service , and never afterwards be permitted to come into our court or presence . and further , he on they to suffer such other pains and punishments , as the law shall inflict , upon offences of that horrid nature . and we do further declare , that if any person or persons whatsoever , do receive , accept or know of any challenge , sent or delivered as aforesaid , and do not forthwith give notice thereof unto some of our privy councel , or otherwise to the next iustice of peace , near whereunto the said offence shall be committed ; he or they so offending , shall be lyable to the penalties before expressed , and proceeded against according to law , with all rigour and severity . and lastly , we do hereby forbid all intercession or mediation unto vs to be made , for or on the behalf of the offenders . hereby declaring , that we will not extend our pardon to any person that shall contemn our command expressed by this proclamation . given at our court at whitehall the thirteenth day of august in the twelfth year of our reign , 1660. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , 1660. a proclamation against duels england and wales. sovereign (1660-1685 : charles ii) 1680 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a32352 wing c3213 estc r13135 12278285 ocm 12278285 58563 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32352) transcribed from: (early english books online ; image set 58563) images scanned from microfilm: (early english books, 1641-1700 ; 863:32) a proclamation against duels england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill, thomas newcomb, and henry hills ..., london : 1679/80. reproduction of original in bodleian library. at head of title: by the king. broadside. at end of title: given at our court at whitehall the nineth day of march 1679/80. in the two and thirtieth year of our reign. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dueling -great britain. broadsides 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation against duels . charles r. whereas it is become too frequent , especially with persons of quality , under a vain pretence of honour , to take upon them to be the revengers of their private quarrels by duel , and single combate , which ought not to be , upon any pretence or provocation whatsoever ; we considering that the sin of murther is detestable before god , and this way of prosecuting satisfaction , scandalous to christian religion , and the manifest violation of our laws and authority , out of our pious care to prevent unchristian and rash effusion of bloud , do by this our royal proclamation strictly charge and command all our loving subjects of what quality soever , that they do not either by themselves , or by others , by message , word , writing , or other ways or means challenge , or cause to be challenged , any person or persons to fight in combate , or single duel , nor carry , accept , or conceal any such challenge or appointment , nor actually fight any such duel with any of our subjects or others , or as a second , or otherwise accompany or become assistant therein . and we do hereby , to the intent that all persons may take care to prevent the dangers they may incur by acting or assisting in any such duel , declare our royal pleasure , that we will not grant our pardon to any person or persons that shall fight , or be any way aiding or concerned in any such duel where any person shall be slain , or die of his wounds received therein , but will leave all such persons to the utmost rigour and severity of the laws : and further , that we will not suffer or endure any person or persons to be or remain in our court , who shall presume to intercede in the behalf of any person or persons that shall offend contrary to this our proclamation . and for the better avoiding all such duels , we do hereby straitly charge and command all person and persons whatsoever who shall receive or know of any challenge sent or delivered as aforesaid , that they do forthwith give notice thereof to some of our privy council , or otherwise to some iustice of peace near the place where such offence shall be committed , upon pain of our highest displeasure , and being left to be proceéded against according to the strictest rigout and severity of the laws . given at our court at whitehall the ninth day of march 1679 / 80. in the two and thirtieth year of our reign . god save the king. london , printed by john bill , thomas newcomb , and henry hills , printers to the kings most excellent majesty . 1679 / 80. a true and perfect copy of a letter written by the lord marquis of dorchester to the lord roos dorchester, henry pierrepont, marquis of, 1606-1680. this text is an enriched version of the tcp digital transcription a74166 of text r211549 in the english short title catalog (thomason 669.f.23[38]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74166 wing d1920 thomason 669.f.23[38] estc r211549 99870265 99870265 163694 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74166) transcribed from: (early english books online ; image set 163694) images scanned from microfilm: (thomason tracts ; 247:669f23[38]) a true and perfect copy of a letter written by the lord marquis of dorchester to the lord roos dorchester, henry pierrepont, marquis of, 1606-1680. 1 sheet ([1] p.) s.n., [london : 1660] dated at end: febr. 13. 1659. a challenge to duel. this edition is in a different setting of text than that which includes the words "printed .. moneth" in title. reproduction of the original in the british library. eng rutland, john manners, -duke of, 1638-1711 -early works to 1800. dueling -england -early works to 1800. a74166 r211549 (thomason 669.f.23[38]). civilwar no a true and perfect copy of a letter written by the lord marquis of dorchester to the lord roos. dorchester, henry pierrepont, marquis of 1660 967 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-05 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 megan marion sampled and proofread 2008-09 megan marion text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a true and perfect copy of a letter written by the lord marquis of dorchester to the lord roos . sure you were in one of your drunken fits , the pot flew high when you writ your sottish and clownish paper to me , that rellishes of nothing but a tippl'd fool , and a bragging coward ; and the latter in so poor and mean a manner , that i am ashamed it should come from one that bears the name , though not the nature of a gentleman : your owne fearful , guilty soul knows that my late letter , as well as a former to your self , together with all passages between us , were almost as soon communicated to your father and mother , as to yourself , and after to some of your nearest relations ; nay , many of the servants of both your families were privy thereunto , and knew as much as your self , and so did divers others in several places : all this i can prove by persons well reputed ; and for the letters , i dare swear , they were not kept very secret , for i have heard of divers passages in them , which i am sure came to no body by revelation , and yet you have the frontless impudence to lay this aspersion upon me ; i have fought before now , and i hope never came off with loss of honour ; and must i now be afraid of such a shadow , such a half-man as you are ? and 't is well if you be so much : you remember i challenged you twice in one week , and you poorly and basely refused both , pretending you would give me full satisfaction ; you came indeed , but full sore against your will ( and contrary to the huffs you gave out in the countrey in your drink ) and promised as much as i could expect , but afterwards perform'd nothing : and now be your owne judge , whether it is possible for any one to believe , that i that knew you had poorly refused twice , should avoyd the meeting you now : if you needs must lie , follow my advice , and hereafter lie colourably , for these are such gross ones , that they are palpable , like the aegyptian darkness . i must needs say , it much troubles and afflicts me , to be compell'd by your barbarous and unmanly provocations , to use such speeches , contrary to my nature and disposition ; but you began , and i do no more than retaliate , and the the law of retaliation is just and equal : but ( i believe ) you 'l bear it quietly , were it more ; for you abound in passive fortitude , though you have not in you one jot of the active . if this any white galls , you know the way to london ( no other place for the present being possible to be chosen without most apparent and evident suspition ) there will be the most privacy , and who plays the pultroon , will be most easily discover'd . but what do i talk of london to you , who will as soon come on your head as on horseback or in coach , to meet me with a sword in your hand : but , was it a bottle , none would be more forward ; and with such a weapon you may venture upon a dutch-man : but if there be a spark of fire in so dull a flint , i will strike it . from the beginning to the end of your letter you falsly lie , and if you dare appear , i will cram it down your throat with my sword ; if there need any more , i say and resay , you are a base coward . if you must have another push , i will divulge it to the world in print what a coward you are , and make publick all the passages between us ; your foolish bragging letter shall not be omitted , which will speak you more than i have done , and this shall follow after it ; then 't will to all appear what a captain puff you are , fit for nothing but a cudgel . for shame leave the petticoat off , and put on breeches ; use my argument against my self ; if i was so mean to discover this , you may infalliblie conclude i will do so again ; but you 'l use none of this way of argumentation , you too well know my innocence therein ; if i may see a miracle , that is , you with a sword in your hand , i will before our seconds , and your self , beseech god that what i wish'd in my letter to your second , may fall upon me , [ viz. ] that if in the least , directly or indirectly , i be guilty of this discovery , or any circumstance that can but tend thereunto : nay , i will go farther , if i did not my utmost to avoyd all suspicion , may i fall by your sword , to my eternal shame and ruine . this , upon my honor , i will declare upon our meeting , in manner as i have said , which i am sure you dare not respectively do for your self ; your guiltie trembling conscience will hold you off when you are so neer danger . febr. 13. 1659. a true and perfect copy of the lord roos his answer to the marquesse of dorchester's letter written the 25 of february 1659 rutland, john manners, duke of, 1638-1711. this text is an enriched version of the tcp digital transcription a92150 of text r205352 in the english short title catalog (thomason 669.f.24[22]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a92150 wing r2400 thomason 669.f.24[22] estc r205352 99864756 99864756 163753 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a92150) transcribed from: (early english books online ; image set 163753) images scanned from microfilm: (thomason tracts ; 247:669f24[22]) a true and perfect copy of the lord roos his answer to the marquesse of dorchester's letter written the 25 of february 1659 rutland, john manners, duke of, 1638-1711. 1 sheet ([1] p.) s.n., [london : 1660] imprint from wing. "with reference to a challenge sent to lord roos by the marquess of dorchester, his father-in-law, on account of his ill-treatment of lady roos" -cf. thomason catalogue. annotation on thomason copy: "1659 march 19". reproduction of the original in the british library. eng dorchester, henry pierrepont, -marquis of, 1606-1680 -early works to 1800. dueling -england -early works to 1800. a92150 r205352 (thomason 669.f.24[22]). civilwar no a true and perfect copy of the lord roos his answer to the marquesse of dorchester's letter written the 25 of february 1659. rutland, john manners, duke of 1660 1074 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a true and perfect copy of the lord roos his answer to the marquesse of dorchester's letter written the 25 of february 1659. sir , sure you were among your gallypots and glisterpipes , when you gave your choller so violent a purge , to the fouling of so much innocent paper , and your own reputation ( if you had any , which the wise very much doubt ) you had better bin drunk & set in stocks for it , when you sent the post with a whole pacquet of chartells to me ; in which you have discovered so much vapouring nonsence and rayling , that it is wholsomer for your credit , to have it thought the effect of drink , then your own naturall talent in perfect minde & memory : for if you understand any thing in your own trade , you could not but know that the hectick of your own brain is more desperate then the tertian fits of mine , which are easily cured with a little sleep ; but yours is past the remedy of a morter and braying . but i wonder with what confidence you can accuse me with the discovery of private passages between us , when you are so open your self , that every man sees through you ; or how could i disclose perfectly any thing in your epistles to my father and mother , which was not before very well known to your tutors and schoolmasters , whose instructions you used in compiling those voluminous works . let any man judge , whether i am so likely to divulge secrets as you , who cannot forbear printing and publishing : your labours are now cry'd in the streets of london , with ballads on the rump , and hewsons lamentations ; and the lord of dorchester's name makes a greater noyse in a close alley then kitchingstuffe , or work for a tinker : and all this by your own industry , who are not ashamed at the same instant to pretend to secrecy , with no lesse absurdity then you commit , when accusing me for using foul language , you doe out doe billinsgate your self . but now you begin to vapour , and to tell us you have fought before ; so i have heard you have , with your wife , and poet , but if you came off with no more honour then when you were beaten by my lord grandison , you had better have kept that to your felf , if it were possible for you to conceale any thing : but i cannot but laugh at the untoward course you take to render your self formidable , by bragging of your fights , when you are terrible onely in your medicines : if you had told us how many you had killed that way , and how many you have cut in pieces , besides calves and dogs , a right valiant man that has any wit , would tremble to come near you : and if by your threatning to ramme your sword down my throat , you doe not mean your pills , which are a more dangerous weapon , the worst is past , and i am safe enough : for as for your feats of armes , there is no half quarter of a man that is so wretched , but would venture to give you battayl , but you are most unsufferable in your unconscionable ingrossing of all trades : is it not enough that you are already as many things as any of your own receipts , that you are a doctor of the civill law , and a barister at the common , a bencher of gray's-inne , a professour of phisick and a fellow of the colledge ; a mathematician , caldean , a schoolman and a piece of a grammarian , ( as your last work can shew were it construed ) a philosopher , poet , translator , antisocordist , solliciter , broker and usurer ; besides a marquesse , earl , vicount and baron ; but you must , like dr. suttle , professe quarrelling too , and publish your self an hector ; of which calling there are so many already , that they can hardly live on by another . sir , truly there is no conscience in it , considering you have not onely , a more sure and safe way of killing men already then they have , but a plentiful estate besides : so many trades , & yet have so little conscience to eat the bread out of their mouths ; they have great reason to lay it to heart , & i hope some of them will demand reparation of you and make you give them compounding dinners too , as well as you have done to the rest of your fraternities ; and now be your own iudge , whether any one man can be bound in honour to fight with such an hydra as you are ; a monster of many heads , like the multitude , or the devil that call'd himself legion ; such an encounter would be no duell but war , which i never heard that my one man ever made alone ; and i must levy forces ere i can meet you ; for if every one of your capacities had but a second , you would amount to a brigade , as your letter does to a declaration ; in which i cannot omit , that in one respect you have dealt very ingeniously , and that is , in publishing to the world , that all your heroicall resolutions are built upon your own opinion of my want of courage : this argues you well studied in the dimensions of quarrelling ; among which , one of the chiefest shews how to take measure of another mansvalour , by comparing it with your own , to make your approaches accordingly : but as the least mistake betrayes you to an infallible beating , so you had far'd , and perhaps had had the honour which you seem to desire , of falling by my sword , if i had not thought you a thing fitter for any mans contempt then anger . roos . a proclamation against fighting of duels or single combats scotland. privy council. 1674 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b05455 wing s1589a estc r183328 52612287 ocm 52612287 179587 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b05455) transcribed from: (early english books online ; image set 179587) images scanned from microfilm: (early english books, 1641-1700 ; 2793:59) a proclamation against fighting of duels or single combats scotland. privy council. scotland. sovereign (1649-1685 : charles ii) 1 sheet ([1] p.) printed by andrew anderson, printer to the king's most excellent majesty, edinburgh : anno dom. 1674. caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated at end: given under our signet at holy-rood-house, the nineteenth day of march, one thousand six hundred and seventy four, and of our reign the twenty sixth year. signed: al. gibson cl. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dueling -scotland -early works to 1800. broadsides -scotland -17th century. 2008-10 tcp assigned for keying and markup 2008-12 spi global keyed and coded from proquest page images 2009-01 scott lepisto sampled and proofread 2009-01 scott lepisto text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion royal blazon or coat of arms c r 〈…〉 a proclamation against fighting of duels or single combats . charles , by the grace of god , king of great brittain , france and ireland , defender of the faith , to our lovits , _____ macers or messengers at arms , our sheriffs in that part conjunctly and severally , specially constitute , greeting : forasmuch as the fights of duels , and single combats are most unlawful , and a dangerous practice , contrar to the law of god , and the principles of the christian religion and policie , and prohibited by the laws of this our kingdom , and of other well governed kingdoms and nations : and especially by the twelfth act of king james the sixth , our royal grand-father of blessed memory , his sixteenth parliament ; whereby it is statute , that no person thereafter , without his highness licence , fight any singular combat , under the pain of death , and the escheit of their moveables , and the provoker to be punished with a more ignominious death then the defender : neverthelesse , the said abuse and wickednesse is become so ordinary , and grown to that height , that frequently , upon mistakes , and escapes of words uttered inconideratly in company , by persons otherwayes in freindship and acquaintance , and upon the least shadow and apprehension of any other injurie ( whereof if there were any ground , the persons concerned might , and ought , to have and seek redress from our council , or our other ●udicatories ) they presume and pretend , that they are concerned in honor , to take reparation at ●heir own hands in the said wicked , and consequentially most dishonorable way of fighting duels , and do give and accept appeals and challenges , and do go to the fields and fight duels ; to the great contemptand and affront of our authority , and the great hazard of both parties , their friends , and seconds , and destruction of their souls and bodies , if they should dye in so unlawful an action and occasion . and though they should survive ; if they should be brought under our just displeasure , and the compasse of the law , and capital punishment . for restraining and preventing whereof , we , with advice of our privy council , do ordain , that the said act of parliament shal be put in punctuall execution : and whensoever our council shal have information , or notice that any duel is fought , that they shal be careful , and give order to seise upon the delinquents , and imprison them , untill they be brought to their tryal and punishment according to our laws ; and to that effect shal give special order to our advocat , to prosecute and pursue them . and seing the granting of pardon and mercy to persons guilty of the said cryme , and the hope of impunity may be an occasion of cruelty , and imbolden others to adventure upon , and commit the like wickednesse ; therefore such persons , who shall be guilty of the said crime , are not to expect that remissions shal be granted to them hereafter : and we declare and ordain , that if the fighting of a duel , or single combat shall be designed and undertaken by ●…y persons , and upon notice and discovery the same shall be prevented , and that they shall be hindered and restrained from fighting ; yet the challenger , and also the defender , who shall accept any such challenge , shall be severely punished , albeit they be hindered and restrained from going to , or fighting in the fields . and likewayes the seconds of any partie respective , and these who shall carry any such challenge or appeal , shall be punished in maner aftermentioned ; that is to say , the provoker and appealler shall be imprisoned during the pleasure of our council , and fynned , if he be a nobleman , in the sum of six thousand pounds scots : and if he be a landed gentleman , in the sum of three thousand pounds money foresaid : and if he be of any other inferior quality , that he shall be punished as our council shall think fit ; and the partie appealled , and the seconds on either side respective , and these who shall carry any such challenge , shall be imprisoned during our councils pleasure , and fynned , if they be noblemen , in the sum of three thousand pounds money foresaid ; if they be landed gentlemen , in the sum of one thousand five hundred pounds ; and if they be of any other inferior quality , as our council shall think fit ; beside what other pain or punishment our council shall think fit to inflict . and ordains these presents to be printed , and published at the market crosse of edinburgh , and other places needfull , that none pretend ignorance . given under our signet at holy-rood-house , the nineteenth day of march , one thousand six hundred and seventy four ; and of our reign the twenty sixth year . al. gibson cl. s ti concilii . god save the king. edinbvrgh , printed by andrew anderson , printer to the king 's most excellent majesty . anno dom. ●… the charge of sir francis bacon knight, his maiesties attourney generall, touching duells vpon an information in the star-chamber against priest and wright. with the decree of the star-chamber in the same cause. bacon, francis, 1561-1626. 1614 approx. 47 kb of xml-encoded text transcribed from 30 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a01138 stc 1125 estc s121055 99856244 99856244 21773 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a01138) transcribed from: (early english books online ; image set 21773) images scanned from microfilm: (early english books, 1475-1640 ; 618:1) the charge of sir francis bacon knight, his maiesties attourney generall, touching duells vpon an information in the star-chamber against priest and wright. with the decree of the star-chamber in the same cause. bacon, francis, 1561-1626. england and wales. court of star chamber. 61, [3] p. printed [by george eld] for robert wilson, and are to be sold [by robert wilson and w. bladen] at graies inne gate, and in paules churchyard at the signe of the bible, [london] : 1614. printer's and booksellers' names from stc and addendum. the first leaf and the last leaf are blank. reproduction of the original in cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dueling -early works to 1800. 2002-03 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 olivia bottum text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion the charge of sir francis bacon knight , his maiesties attourney generall , touching duells , vpon an information in the star-chamber against priest and wright . with the decree of the star-chamber in the same cause . printed for robert wilson , and are to be sold at graies inne gate , and in paules churchyard at the signe of the bible . 1624. the charge of sir francis bacon knight his maiesties attourney generall , touching duells , vpon an information in the star-chamber against priest and wright . my lords , i thought it fit for my place , and for these times to bring to hearing before your lord-ships some cause touching priuate duells , to see if this court can doe any good to tame and reclaime that euill which seemes vnbrideled . and i could haue wished that i had met with some greater persons , as a subiect for your censure , both because it had bin more worthy of this presence , and also the better to haue shewed the resolution my selfe hath to proceed without respect of persons in this businesse : but finding this cause on foote in my predecessors time , and published and ready for hearing , i thought to loose no time , in a mischeefe that groweth euery day ; and besides it passeth not amisse some-times in gouernment , that the greater sort be admonished by an example made in the meaner , and the dogge to be beaten before the lyon . nay i should thinke ( my lords ) that men of birth and quality will leaue the practise , when it begins to bee vilified and come so lowe as to barbers-surgegeons and butchers , and such base mechanicall persons . and for the greatnesse of this presence , in which i take much comfort , both as i consider it in it selfe , and much more in respect it is by his maiesties direction ; i will supplie the meanesse of the perticular cause , by handling of the generall poynt ; to the end that by occasion of this present cause , both my purpose of prosecution against duells , and the opinion of the court ( without which i am nothing ) for the censure of them may appeare , and thereby offendors in that kind may read their owne case , and know what they are to expect , which may serue for a warning vntill example may bee made in some greater person , which i doubt the times will but too soone afford . therefore before i come to the perticular whereof your lordships are now to iudge , i thinke it time best spent to speake somewhat . first , of the nature and greatnesse of this mischeefe . secondly , of the causes , and remedies . thirdly , of the iustice of the law of england , which some stick not to think defectiue in this matter . fourthly , of the capacity of this court , where certainly the remedy of this mischeefe is best to be found . and fifthly , touching mine owne purpose and resolution , wherein i shall humbly craue your lordshipps ayde and assistance . for the mischeefe it selfe , it may please your lord-shippes to take into your consideration that when reuenge is once extorted out of the magistrates hand contrarie to gods ordinance , mihi vindicta , ego retribuam , and euery man shall beare the sword not to defend but to assayle , and priuate men beginne once to presume to giue lawe to them-selues , and to right their owne wrongs , noe man can foresee the danders and inconueniences that may arise and multiply there-vpon . it may cause soddaine stormes in court , to the disturbance of his maiestie , and vnsaftie of his person . it may grow from quarrells , to banding , and from banding to trooping , and so to tumulte and commotion , from perticuler persons to dissention of families and aliances , yea to nationall quarrells , according to the infinite variety of accidents , which fall not vnder fore-sight ; so that the state by this meanes shal be like to a distempered , and vnperfect body , continually subiect to inflamations and convulsions . besides , certainely , both in diuinity and in pollicie , offences of presumption are the greatest . other offences yeeld and consent to the law that it is good , not daring to make defence , or to iustifie themselues ; but this offence expresly giues the law an affront , as if there were two lawes , one a kind of gowne-law , and the other a law of reputation , as they tearme it , so that pauls & westminster , the pulpet and the courts of iustice must giue place to the law ( as the king speaketh in his proclamation ) of ordinary tables , and such reuerent assemblies ; the year books and statute books must giue place to some french and italian pamphlets , which handle the doctrine of duells , which if they be in the right , trans●amus ad illa , lets receiue them , and not keepe the people in conflict and distraction betweene two lawes . againe ( my lords ) it is a miserable effect , when young men , full of towardnesse and hope , such as the poets cal aurorae filii , sonnes of the morning , in whom the expectation and comfort of their friends consisteth , shall bee cast away and destroyed in such a vaine manner ; but much more it is to bee deplored when so much noble and gentle blood shall be spilt vpon such follies , as if it were aduentured in the field in seruice of the king & realme , were able to make the fortune of a day , and to change the fortune of a kingdome . so as your lordships see what a desperate euill this is ; it troubleth peace , it disfurnisheth war , it bringeth calamity vpon priuate men , perill vpon the state , and contempt vpon the lawe . touching the causes of it ; the first motiue no doubt is a false and erronious imagination of honour and credit ; and therefore the king , in his last proclamation , doth most aptly and excellently call them , bewitching duells . for , if one iudge of it truely , it is noe better then a sorcery that enchanteth the spirits of young men , that beare great myndes , with a false shew , species falsa ; and a kind of satanicall illusion and apparition of honour ; against religion , against lawe , against morall vertue , and against the presidents and examples of the best times , and valiantest nations , as i shall tell you by and by , when i shall shew you that the law of england is not alone in this poynt . but then the seede of this mischeefe being such , it is nourished by vaine discourses , and greene and vnripe conceipts , which neuerthelesse haue so preuayled , as though a man were staid and sober minded , and a right beleeuer touching the vanity and vnlawfulnesse of these duells , yet the streame of vulgar opinion is such , as it imposeth a necessity vpon men of value to conforme them-selues ; or else there is no liuing or looking vpon mens faces : so that we haue not to doe , in this case , so much with perticuler persons , as with vnsound and depraued opinions , like the dominations and spirits of the ayre , which the scripture speaketh of . here-vnto may be added , that men haue almost lost the true notion and vnderstanding of fortitude and valour . for fortitude distinguisheth of the grounds of quarrels , whether they bee iust ; and not onely so , but whether they be worthy ; and setteth a better price vpon mens liues then to bestow them idely , nay it is weakenesse , and disesteeme of a mans selfe , to put a mans life vpon such ledgier performances ; a mans life is not to bee tryfled away , it is to bee offered vp and sacrificed to honorable seruices , publike merites , good causes , and noble aduentures . it is in expence of blood as it is in expence of mony , it is no liberality to make a profusion of mony vpon euery vaine occasion , nor noe more it is fortitude to make effusion of bloud except the cause bee of worth . and thus much for the causes of this euill . for the remedies i hope some great and noble person will put his hand to this plough , and i wish that my labours of this day may be but fore-runners to the worke of a higher and better hand . but yet to deliuer my opinion , as may bee proper for this time and place ; there bee foure things that i haue thought on , as the most effectuall for the repressing of this depraued custome of perticular combats : the first is , that there doe appeare and bee declared a constant and settled resolution in the state to abolish it . for this is a thing ( my lords ) must goe downe at once , or not at all : for then euery perticular man will thinke him-selfe acquitted in his reputation , when he sees that the state takes it to heart , as an insult against the kings power and authority , and thervpon hath absolutely resolued to maister it , like vnto that which was set downe in expresse words in the edict of charles the ninth of france touching duells , that the king him-selfe tooke vpon him the honor of all that tooke them-selues grieued or interessed for not hauing performed the combat ; so must the state doe in this businesse , and in my conscience there is none that is but of a reasonable sober disposition , bee hee neuer so valiant , ( except it bee some furious person that is like a fire-worke ) but will bee glad of it , when hee shall see the law and rule of state disinterest him of a vaine and vnnecessarie hazard . secondly , care must be taken that this euill bee noe more cockered , nor the humor of it fed ; wherein i humbly pray your lordships that i may speake my mind freely , and yet be vnderstood aright . the proceedings of the great and noble commissioners marshall , i honor and reverence much , & of them i speake not in any sort ; but i say the compounding of quarrells , which is other-wise in vse , by priuate noble men and gentlemen , it is so punctuall , and hath such reference and respect vnto the receyued conceipts , what 's before hand , and what 's behinde hand , and i cannot tel what , as without all question it doth , in a fashion , countenance and authorise this practise of duells , as if it had in it some-what of right . thirdly , i must acknowledge that i learned out of the kings last proclamation the most prudent and best applied remedy for this offence ( if it shall please his maiestie to vse it ) that the wit of man can deuise . this offence ( my lords ) is grounded vpon a false conceipt of honour , and therefore it would bee punished in the same kinde , in eo quis rectissimé plectitur in quo peccat . the fountaine of honour is the king , and his aspect , and the accesse to his person continueth honour in life , and to be banished from his presence is one of the greatest eclipses of honour that can bee ; if his maiestie shall be pleased that when this court shall censure any of these offences in persons of eminent quality , to adde this out of his owne power and discipline , that these persons shall bee banished and excluded from his court for certaine yeares , and the courts of his queene and prince , i thinke there is noe man that hath any good blood in him , will commit an act that shall cast him into that darkenesse , that hee may not behold his soueraignes face . lastly , and that which more properly concerneth this court , wee see ( my lords ) the root of this offence is stubborn : for it despiseth death , which is the vtmost of punishments , and it were a iust , but a miserable seuerity , to execute the law without all remission or mercy , where the case proueth capitall . and yet the late seuerity in france was more , where by a kind of marshall law established by ordinance of the king and parliament , the party that had slaine another was presently had to the gibbet , in so much as gentlemen of great quality were hanged , theyr wounds bleeding , least a naturall death should preuent the example of iustice . but ( my lords ) the course which wee shall take is of farre greater lenity , and yet of no lesse efficacy ; which is to punish , in this court , all the middle acts and proceedings which which tend to the duell , ( which i will enumerate to you anon ) and so to hew and vexe the roote in the branches , which no doubt , in the end , will kill the roote , and yet preuent the extremity of law . now for the law of england , i see it excepted to , though ignorantly in two poyntes ; the one , that it should make no difference betweene an insidious and foule murther , and the killing of a man vppon fayre termes , as they now call it . the other , that the law hath not prouided sufficient punishment , and reparations for contumely of words , as the lie and the like . but these are noe better then childish nouelties against the diuine lawe , and against all lawes in effect , and against the examples of all the brauest and most vertuous nations of the world. for first for the law of god , there is neuer to be found any difference made in homicide , but betweene homicide voluntary and involuntary , which we tearme misaduenture . and for the case of misaduenture it selfe , there were citties of refuge ; so that the offendor was put to his flight , & that flight was subiect to accident , whether the reuenger of bloud should ouer-take him before he had gotten sanctuary or noe ; it is true that our law hath made a more subtile distinction betweene the will enflamed , and the wil aduised , between manslaughter in heat , and murther vpon prepensed malice , or could bloud , as the souldiers call it , an indulgence not vnfit for a chollericke and warlike nation , for it is true , ira furor breuis . a man in fury is not him-selfe . this priueledge of passion the ancient roman law restrayned , but to a case , that was , if the husband , tooke the adulterer in the manner ; to that rage and prouocation onely it gaue way , that it was an homycide was iustifiable . but for a difference to bee made in case of killing and destroying man , vpon a fore-thought purpose , betweene fowle and fayre , and as it were betweene single murther and vyed murther , it is but a monstrous childe of this later age , and there is noe shadow of it in any law diuine or humane . onely it is true , i finde in the scripture that caine inticed his brother into the field , and slew him trecherously , but lamed vaunted of his man-hood , that he would kill a young man and if it were in his ●●rt : so as i see no difference betweene an insidious murther , and a brauing , or presumtuous murther , but the difference betweene cain and lamed . as for examples in ciuill states all memory doth consent that grecia and rome were the most valiant and generous nations of the world , and that which is more to bee noted they were free estates , and not vnder a monarchy , whereby a man would thinke it a great deale the more reason that perticuler persons should haue righted themselues ; and yet they had not this practise of duells , nor any thing that bare shew thereof ; and sure they would haue had it if there had bin any vertue in it . nay as he saith , ●as est et , ab hoste doceri , it is memorable that is reported by a councellor and ambassador of the emperors , touching the censure of the turkes , of these duells ; there was a combate of this kind , performed by two persons of quality of the turkes , wherein one of them was slaine , the other party was conuented before the councell of bassaes ; the manner of the reprehension was in these words ; how durst you vndertake to fight one with the other ? are there not christians enough to kill ? did you not know that whether of you should bee slaine the losse would bee the great seigneours ? so as wee may see that the most warlike nations , whither generous or barbarous hath euer despised this wherein now men glory . it is true ( my lords ) that i find combats of two natures authorised how iustly i will not dispute , as to the later of them . the one when vpon the approches of armies in the face one of the other perticuler persons haue made challenges for triall of valors in the field , vpon the publike quarrell . this the romanes called , pugna per-prouocationem . and this was neuer , but either betweene the generalls themselues , who were absolute , or betweene perticulers , by license of the generalls , neuer vpon priuate authority . so you see david asked leaue when hee fought with goliah , and ioab when the armies were met , gaue leaue , and said , let the young men play before vs , and of this kind was that famous example in the wars of naples , between twelue spaniards and twelue italians , where the italians bare away the victory ; besides other infinite like examples worthy and laudable , some times by singles , some-times by numbers . the second combate is a iudiciall tryall of right , where the right is obscure , introduced by the gothes and the northerne nation , but more anciently entertained in spaine ; and this yet remaines in some cases , as a diuine lotte of battayle , though controuerted by diuines touching the lawfulnes of it , so that a wise writer saith , talitér pugnantes videntur tentare deum , quia hoc volunt vt deus ostendat et faciat miraculum , vt iustam causam habens victor efficiatur , quod saepé contrá accidit . but howsoeuer it bee , this kind of fight taketh his warrant from law . nay the french themselues whence this folly seemeth chiefely to haue flowne neuer had it but onely in practise and tolleration , but neuer as authorized by law ; and yet now of late they haue beene fayne to purge their folly with extreame rigour , insomuch as many gentlemen left betweene death and life in the duells ( as i spake before ) were hastned to hanging with their wounds bleeding . for the state found it had beene neglected so long , as nothing could be thought cruelty which tended to the putting of it downe . as for the second defect , pretended in our law , that it hath prouided no remedy for lies and fillippes , it may receiue like answere ; it would haue beene thought a madnes amongst the ancient law-giuers , to haue set a punishment vppon the lye giuen , which in effect is but a word of deniall , a negatiue of anothers saying . any law-giuer , if hee had beene asked the question , would haue made solons answer , that he had not ordained any punishment for it , because he neuer imagined the world would haue beene so fantasticall as to take it so highly . the ciuilians they dispute whether an action of iniury lie for it , and rather resolue the contrary . and francis the first of france , who first set on & stamped this disgrace so deepe , is taxed by the iudgment of all wise writers , for beginning the vanity of it ; for it was hee that when hee had himselfe giuen the ly and defie to the emperor , to make it currant in the world , said in a solemne assembly , that hee was no honest man that would beare the lye , which was the fountaine of this new learning . as for words of reproach and contumely ( whereof the lye was esteemed none ) it is not credible ( but that the orations themselues are extant ) what extreame and exquisite reproaches were tossed vp and downe in the senate of rome , and the places of assembly , and the like in grecia , and yet no man tooke himselfe fowled by them , but tooke them but for breath , and the stile of an enemy , and eyther despised them or returned them , but no blood spilt about them . so of euery touch or light blow of the person , they are not in themselues considerable , saue that they haue got vppon them the stampe of a disgrace , which maketh these light things passe for great matter . the law of england , and all lawes hold these degrees of iniury to the person ; slander , battery , mayme , and death : and if there be extraordinary circumstances of despight and contumely , as in case of libells and bastanadoes , and the like , this court taketh them in hand and punisheth them exemplarly . but for this apprehension of a disgrace , that a fillippe to the person should bee a mortall wound to the reputation , it were good that men did hearken vnto the saying of consaluo the great and famous commaunder , that was wont to say ; a gentlemans honor should bee , de telâ crassiore , of a good strong warppe or webbe that euery little thing should not catch in it , when as now it seemes they are but of copwebbe lawne , or such light stuffe , which certainely is weakenesse , and not true greatnesse of mind , but like a sicke mans body , that is so tender that it feeles euery thing . and so much in maintenance and demonstration of the wisdome and iustice of the law of the land . for the capacity of this court , i take this to bee a ground infallible , that wheresoeuer an offence is capital , or matter of fellony , if it be acted , there the combination , or practise , tending to that offence is punishable in this court , as a high misdemenor . so practise to impoison , though it tooke no effect , way-laying to murther though it tooke no effect , and the like , haue beene adiudged haynous misdemeanors punishable in this court. nay , inceptions and preparations in inferior crimes ( that are not capitall ) as suborning and preparing of witnesses , that were neuer deposed , or deposed nothing materiall , haue likewise beene censured in this court , as appeareth by the decree in garnons case . why ? then the maior proposition being such , the minor cannot bee denied : for euery appoyntment of the field is but combination and plotting of murther , let them guilde it how they list , they shall neuer haue fairer termes of me in place of iustice . then the conclusion followeth , that it is a case fit for the censure of this court. and of this there be presidents in the very poynt of challenge . it was the case of wharton , plaintife against ellekar and acklam defendants , where acklam being a follower of elleckars , was censured for carying a challeng from ellecker to wharton , though the challenge was not put in writing , but deliuered onely by word of message and there are words in the decree , that such challenges are to the subuersion of gouernment . these things are well knowne , and therfore i needed not so much to haue insisted vppon them , but that in this case i would be thought not to innouate any thing of mine owne head , but to follow the former presidents of the court , though i meane to doe it more throughly , because the time requires it more . therfore now to come to that which concerneth my part , i say , that by the fauour of the king and the court , i will prosecute in this court in the cases following . if any man shall appoint the field , though the fight be not acted or performed . if any man shall send any challenge in wrighting , or any message of challenge . if any man carry or deliuer any writing or message of challenge . if any man shall accept or returne a challenge . if any man shall accept to bee a second in a challenge , of either side . if any man shall depart the realme with intention and agreement to performe the fight beyond the seaes . if any man shall reuiue a quarrel by any scandalous bruites or wrightings contrary to a former proclamation published by his maiesty in that behalfe . nay i heare there be some counsell learned of duells , that tell yong men when they are before hand , and when they are otherwise , and thereby incense and incite them to the duell , and make an art of it ; i hope i shall meete with some of them too , and i am sure ( my lords ) this course of preuenting duels in nipping them in the budde , is fuller of clemency and prouidence then the suffering them to goe on , and hanging men with their wounds bleding , as they did in france . to conclude , i haue some petitions to make , first , to your lordshipp , my lord chancellor , that in case i be aduertised of a purpose in any to goe beyond the sea to fight , i may haue granted his maiesties writ of ne exeat regnum to stoppe him , for this giant bestrideth the sea , and i would take and snare him by the foote on this side , for the combination and plotting is on this side though it should be acted beyond sea . and your lordship said notably the last time i made a motion in this busines , that a man may be as well , fur de se as felo de se , if he steale out of the realme for a bad purpose , and for the satisfiing of the wordes of the writte , no man will doubt but he doth machinari contra coronam ( as the wordes of the writte be ) that seketh to murther a subiect ; for that is euer , contra coronam et dignitatem . i haue also a sute to your lordships all in general , that for iustice sake , and for true honors sake , honor of religion , law , and the king our maister against this fond and false disguise or puppetrey of honor , i may in my prosecutiō ( which it is like enough may some times stirr coales ( which i esteme not for my particular , but as it may hinder the good seruice ) i may ( i say ) be countenanced and assisted from your lordships : lastly i haue a petition to the noblesse and gentlemen of england , that they would learne to esteeme themselues at a iust price . non hos quaesitum munus in vsus , their blood is not to be spilt like water or a vile thing , therefore that they would rest perswaded there cannot be a forme of honor , except it be vpon a worthy matter . but for this , ipsi viderint , i am resolued . and thus much for the generall ; now to the present case . the decree of the star-chamber in the same cavse . in camerâ stellatâ coram concilio ibidem 26º die ianuarij anno vndecimo iacobi regis . the presence . tho : lo : ellesmere lord chancellor of england . hon : earl of north : l : priuie seale charles earle of notting : lo : high admiral of england . g●or : lo : archbishop of canterbury . iohn lo : bishop of london . sir edvvard cooke knight , l : chiefe iustice of england . the earl of suffolk lord chamberlaine . 〈◊〉 lord ●o●che . sir hen. hobart knight lord chiefe iustice of the common-pleas . william : lo. knolles , treasuror of the houshold . edvvard lo. wotton controwler . ioh : lo : stanhop , vicechamberlaine . sir ivlivs caesar knight , chancellor of the exchequer : this day was heard and debated at large , the seuerall matters of informations here exhibited by sir francis bacon knight , his maiesties attourney generall , th' one against william priest gentleman , for writing and sending a letter of challenge together with a stick which should be the length of the weapon . and th' other against richard wright esquire for carrying and deliuering the said letter and sticke vnto the partie challenged , and for other contemptuous and insolent behauiour vsed before the iustices of peace in surrey at their sessions , before whom he was conuented . vpon the opening of which cause his highnes said attourney generall did first giue his reason to the court why in a case which he intended should be a leading case , for the repressing of so great a mischiefe in the commonwealth , and concerning an offence which raigneth chiefly amongst persons of honor and qualitie , he should begin with a cause which had passed betweene so meane persons as the defendants seemed to be ; which he said was done because hee found this cause ready published and in so growing an euill , he thought good to lose no time , wherevnto he added , that it was not amisse sometimes to beate the dogge , before the lyon , saying further , that hee thought it would be some motiue for persons of birth & countenance to leaue it , when they saw it was taken vp by base and mechanicall fellowes , but concluded ; that hee resolued to proceed without respect of persons for the time to come , and for the present to supply the meannesse of this particular case by insisting the longer vpon the generall point . wherein he did first expresse vnto the court , at large , the greatnes & dangerous consequence of this presumptuous offence , which extorted reuenge out of the magistrates hand , and gaue boldnes to priuate men to bee lawe giuers to themselues , the rather because it is an offence that doth iustifie it selfe against the lawe , and plainely giues the law an affront ; describing also the miserable effect which it draweth vppon priuate families by cutting off yong men , otherwise of good hope , and cheifely the losse of the king and common-wealth , by the casting away of much good blood , which being spent in the field vpon occasion of seruice were able to continew the renowne , which this kingdome hath obtained in all ages , of being esteemed victorious . secondly his maiesties said atturney generall did discourse touching the causes and remedies of this mischefe , that preuaileth so in these times , shewing the ground thereof to bee a false and erroneous imagination of honor and credit , according to the terme which was giuen vnto those duells , by a former proclamation of his maiesties , which called them bewitching duells , for that it is no better then a kind of sorcery , which enchanteth the spirits of young men , which beare great minds with a shew of honor in that which is no honor indeed , beeing against religion , law , morall vertue , and against the presidents and examples of the best times , and valiantest nations of the world , which though they excelled for prowesse and millitary vertue in a publique quarrell , yet knew not what these priuate duells ment : saying further , that there was too much way and countenance giuen vnto these duells by the course that is held by noble-men and gentle-men in compounding of quarrells , who vse to stand too punctually vppon conceipts of satisfactions and distinctions , what is before hand and what behind hand , which doe but feed the humor ; adding likewise that it was no fortitude to shew vallour in a quarrell , except there were a iust and worthy ground of the quarell ; but that it was weakenesse to sette a mans life at so meane a rate as to bestowe it vppon trifling occasions , which ought to bee rather offered vp and sacrificed to honourable seruices , publique merrits , good causes , and noble aduentures . and as concerning the remedies , hee concluded : that the onely way was , that the state would declare a constant and settled resolution to master and put downe this presumption in priuate men , of what-soeuer degree of righting their owne wrongs , and this to doe at once ; for that then euery perticuler man would think himselfe acquitted in his reputation , when that he shal see that the state takes his honor into their hands , and standeth betweene him and any interest , or preiudice , which he might receiue in his reputation for obeying ; wherevnto he added likewise , that the wisest and mildest way to suppresse these duells was rather to punish in this court all the acts of preparation , which did in any wise tend to the duells , ( as this of challenges and the like ) and so to preuent the capitall punishment , and to vexe the roote in the branches , then to suffer them to run on to the execution , and then to punish them capitally , after the maner of france , where of late times gentlemen of great quality , that had killed others in duell , were carried to the gibbet with their woundes bleeding , least a naturall death should keepe them from the example of iustice. thirdly his maiesties said atturney generall did by many reasons , which hee brought and alledged , free the law of england from certaine vaine and childish exceptions , which are taken by these duellists : the one , because the law makes noe difference in punishment betweene an insidious and foule murther , and the killing of a man vppon challenge and faire tearmes , as they call it , th' other for that the law hath not prouided sufficient punishment , and reparation for contumelie of wordes , as the lye , and the like : wherein his maiesties said atturney generall did shew , by many waighty arguments and examples : that the law of england did consent with the law of god , and the law of nations in both those pointes , and that this distinction in murther betweene foule and fayre , and this grounding of mortall quarrells vpon vnciuill and reproachfull words , or the like disgraces , was neuer authorised by any law , or ancient examples , but it is a late vanity crept in from the practise of the french , who themselues since haue beene so weary of it , as they haue beene forced to put it downe with all seuerity . fourthly , his maiesties said attourney generall did prooue vnto the court by rules of law and presidents ; that this court hath capacity to punish sending and accepting of challenges , though they were neuer acted nor executed ; taking for a ground infallible , that wheresoeuer an offence is capitall or matter of fellony , if it be acted and performed , there the conspiracy , combination , or practise tending to the same offence is punishable as a high misdemeanor , although they neuer were performed . and therefore that practise to impoyson though it tooke no effect , and the like , haue beene punished in this court : and cyted the president in garnons case , wherein a crime of a much inferiour nature , the suborning and preparing of witnesses though they neuer were deposed , or deposed nothing materiall , was censured in this court , whereupon hee concluded , that forasmuch as euery appoyntment of the field is in law but a combination of plotting of a murther , howsoeuer men might guilde it : that therefore it was a case fit for the censure of this court ; and therein he vouched a president in the very point , that in a case betwene wharton plantife and elerker and acklam , defendants . acklam beeing a follower of elerker had carried a challenge vnto wharton , and although it were by word of mouth , and not by writing , yet it was seuerely sensured by the court ; the decree hauing wordes , that such chalenges doe tend to the subuersion of gouernment : and therefore his maiesties atturney willed the standerds by to take notice that it was noe innouation that he brought in , but a proceeding , according to former presidents of the court , although he purposed to follow it more throughly then had been done euer heeretofore , because the times did more & more require it . lastly , his maieesties said attorney generall did declare and publish to the court in seuerall articles his purpose and resolution in what cases hee did intend to prosecute offences of that nature in this court , that is to say , that if any man shall appoynt the field , although the fight bee not acted or performed . if any man shall send any challenge in writing , or message of challenge : if any man shall carry or deliuer any writing or message of challenge , if any man shall accept or returne a challenge , if any man shall accept to bee a second in a challenge of eyther part : if any man shall depart the realme with intention and agreement to performe the fight beyond the seas : if any man shall reuiue a quarrell by any scandalous bruites or writings cōtrary to a former proclamation , published by his maiesty in that behalfe , that in all these cases his maiesties atturney generall , in discharge of his duety by the fauour and assistance of his maiesty and the court , would bring the offenders of what state or degree soeuer to the iustice of this court , leauing the lords cōmissioners marshall to the more exact remedies , adding further , that hee heard there were certaine councell learned of duells , that tell yong men when they are before hand and when they are otherwise , and did incense and incite them to the duell , and made an art of it , who likewise should not be forgotten , and so concluded with two petitions , the one in perticuler to the lord chancellor , that in case aduertisement were giuen of a purpose in any to goe beyond the seas to fight , there might bee granted his maiesties writte of né exeat regnum against him : and the other to the lords in generall , that hee might bee assisted and countenanced in this seruice . after which opening and declaration of the generall cause , his maiesties said atturney did proceed to set forth the proofes of this perticuler challendge and offence now in hand and brought to the iudgment and censure of this honorable court ; wherevpon it appeared to this honorable court by the confession of the said defendant priest himselfe , that hee hauing receiued some wrong and disgrace at the hands of one hutchest , did thereupon in reuenge thereof writ a letter to the said hutchest containing a challenge to fight with him at single rapier , which letter the said priest did deliuer to the said defendant wright , together with a sticke containing the length of the rapier , wherewith the said priest ment to performe the fight ; whervpon the said wright did deliuer the said letter to the said hutchest , and did read the same vnto him and after the reading thereof did also deliuer to the said hutchest the saide sticke , saying , that the same was the length of the weapon mentioned in the saide letter . but the saide hutchest , ( dutifully respecting the preseruation of his maiesties peace ) did refuse the said challeng , wherby noe further mischeefe did ensue thereupon . this honorable court , and all the honorable presence this day sitting , vpon graue and mature deliberation , pondering the qulality of these offences , they generally approued the spech and obseruations of his maiesties saide atturney generall , and highly commended his great care and good seruice in bringing a cause of this nature to publique punishment and example , and in professing a constant purpose to goe on in the like course with others ; letting him knowe , that hee might expect from the court all concurrence and assistance in so good a worke . and therevpon the courte did by theire seuerall oppinions and sentences declare how much it imported the peace and prosperous estate of his maiestie and his kingdome to nippe this practise and offence of duells in the head , which now did ouerspread and grow vniuersall , euen among meane persons , aud was not onely entertayned in practise and custome , but was framed into a kinde of art and preceptes ; so that according to the saying of the scripture , mischeefe is imagined like a lawe . and the court with one consent did declare their opinions . that by the ancient law of the land al inceptions , preparations , & combinatiōs to execute vnlawful acts , though they neuer be performed as they be not to be punished capitally , except it bee in case of treason , and some other perticuler cases of statute law : so yet they are punishable as misdemeanors and contempts : and that this court was proper for offences of such nature , specially in this case , where the brauery and insolency of the times are such as the ordinary magistrates and iustices , that are trusted with the preseruation of the peace , are not able to master and represse these offences , which were by the court at large set forth , to bee not onely against the law of god , to whom , and his substitutes all reuenge belongeth as part of his prerogatiue , but also against the oath and duety of euery subiect vnto his maiesty , for that the subiect doth sweare vnto him , by the ancient law , allegeance of life and member , whereby it is plainely inferred that the subiect hath no disposing power ouer himselfe of life and member to bee spent or ventured according to his owne passions and fancies , in-so-much as the very practise of chiualry in iusts and turneys , which are but images of martiall actions , appeare by ancient presidents not to be lawfull without the kings lycence obtained . the court also noted , that these priuate duells or combats were of another nature from the combats which haue beene allowed by the law aswell of this land as of other nations for the tryall of rightes or appeales . for that those combats receiued rection & authority from the law , wheras these contrariwise spring only from the vnbrideled humors of priuate men . and as for the pretence of honor , the court much misliking the confusion of degrees which is growne of late ( euery man assuming vnto himself the tearme and attribute of honor ) did vtterly reiect and condemne the opinion that the priuate duell , in any person whatsoeuer , had any groundes of honor , aswell because nothing can be honorable that is not lawfull , and that it is no magnanimity or greatnes of mind , but a swelling & tumor of the minde , where there faileth a right and sound iudgement ; as also for that it was rather iustly to be esteemed a weaknes , and a conscience of smale value in a mans selfe to be deiected , so with a word or trifling disgrace as to thinke there is no recure of it , but by hazard of life , whereas true honour in persons that know their owne , worth is not of any such brittle substance but of a more strong composition . and finally , the court shewing a firme and setled resolution to proceede with all seuerity against these duells gaue warning to all young noble-men and gentlemen that they should not expect the like connyuence or tolleration as formerly haue beene , but that iustice should haue a full passage without protection or interruption ; adding that after a straight inhibition , whosoeuer should attempt a challenge or combatte , in case where the other party was restrayned to answere him ( as now all good subiects are ) did by their owne principles receiue the dishonor and disgrace vppon himselfe . and for the present cause , the court hath ordered , adiudged , and decreed , that the said william priest , and richard wright , bee committed to the prison of the fleete , and the said priest to pay fiue hundred pound , and the said wright fiue hundred markes for their seuerall fines to his maiesties vse . and to the end that some more publique example may bee made heereof amongst his maiesties people , the court hath further ordered and decreed , that the said priest and wright shall at the next assises to bee houlden in the county of surrey publiquely in face of the court , the iudges sitting , acknowledge their high contempt and offence against god , his maiesty , and his lawes , and shew themselues penitent for the same . moreouer the wisdome of this high and honourable court thought it meete and necessary that all sorts of his maiesties subiects should vnderstand and take notice of that which hath beene said and handled this day touching this matter , aswell by his highnesse atturney generall , as by the lords , iudges , touching the law in such cases . and therefore the court hath enioyned maister atturney to haue speciall care to the penning of this decree , for the setting forth in the same summarily the matters and reasons which haue beene opened and deliuered by the court touching the same , and neuer-the-lesse also at some time conuenient to publish the perticulers of his speeche and declaration , as very meete and worthy to bee remembred , and made known to the world , as these times are : and this decree , being in such sort carefully drawne & penned , the whole court thought it meete , and so haue ordered and decreed , that the same bee not onely read and published at the next assises for surrey at such time as the said priest and wright are to acknowledge their offences as aforesaid ; but that the same be likewise published and made knowne in all shires of this kingdome . and to that end the iustices of assize are required by this honorable court to cause this decree to bee solemnly read and published in all the places and sittings of their seuerall circuits , and in the greatest assembly , to the end that all his maiesties subiects may take knowledge and vnderstand the opinion of this honorable court in this case , and in what measure , his maiesty , and this honorable court purposeth to punish such as shall fall into the like contempt and offences hereafter . lastly this honorable court , much approuing that which the right honorable sir edward coke knight , lord chiefe iustice of england did now deliuer touching the law in this case of duells , hath enioyned his lordship to report the same in print , as hee hath formerly done diuers other cases , that , such as vnderstand not the law in that behalfe , and all others may better direct themselues , and preuent the danger thereof hereafter . finis . boteler's case being an impartial narrative of the tryal, & penitent behaviour of master uuilliam boteler, executed september 10th at chelmsford, about the murder of capt. wade : with the substance of a sermon preached on that occasion, and his last speech faithfully taken. 1678 approx. 51 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a28857 wing b3805 estc r43063 26731006 ocm 26731006 109766 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28857) transcribed from: (early english books online ; image set 109766) images scanned from microfilm: (early english books, 1641-1700 ; 1712:5) boteler's case being an impartial narrative of the tryal, & penitent behaviour of master uuilliam boteler, executed september 10th at chelmsford, about the murder of capt. wade : with the substance of a sermon preached on that occasion, and his last speech faithfully taken. boteler, william, d. 1678. [47] p. printed for j. clarke, and p. brooksby, [london] : [1678?] place and date of publication suggested by wing. reproduction of original in bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng boteler, william, d. 1678. -trials, litigation, etc. trials (murder) -england. dueling. 2006-01 tcp assigned for keying and markup 2006-05 spi global keyed and coded from proquest page images 2006-06 jason colman sampled and proofread 2006-06 jason colman text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion boteler's case . being an impartial narrative of the tryal , & penitent behaviour of , master vvilliam boteler . executed , september 10 th . at chelmsford , about the murder of capt. wade with the substance of a sermon preached on that occasion . and his last speech faithfully taken . with allowance ; ro. l'estrange . printed for j. clarke , and p. brooksby . boteler's case . &c. thou art here christian reader presented with a candid and impartial relation of a deplorable tragedy , which yet the good hand of providence , that sometimes through seeming severities waits to be gracious , and calls sinners by inscrutable methods even at the eleventh hour , was pleased at last to crown with a blessed catastrophe , though waded unto through waters of marah , and frightful streights of an ignominious temporal death . the design of this publication is far from casting the least reflections or murmuring surmises on the judicial proceedings , owned by the deceased to be just and legal ; nor is it out of any over-bias'd fondness to his memory . for , alas ! the dead have no flattorers , and he is now ( we hope ) in glorious rest , regardless either of detraction or applause , as much beyond the good offices of friends , as malice of enemies . there are far more worthy reasons and useful motives , that seem not less to necessitate , than invite the divulging of these papers . — as first for the discovery of truth , and checking those swarms of different , yet equally false reports every where spread concerning this unhappy accident : the quality of the gentleman slain engaged a general pitty , and some ungrateful circumstances , a just and more than ordinary detestation against it's authour ; whence busie fame snatching up some partial rumours composed of dark probabilities , and many real mistakes , aggravated it to that hideous proportion ; that not onely the credulous vulgar ( who are neither able nor willing to examine things to the bottom , or distinguish a right ) became prepossessed ; but likewise some more intelligent , seem'd carried along with the impetuous torrent , and to disabuse such from undue impressions is but justice to the dead , and charity to the living : let malefactors suffer according to their demerits , yet still 't is below the generosity of a gentleman , and the dignity of a christian , to blacken any man's memory with feigned crimes , and groundless imputations : he that does not detect calumnies when he can , is tacitely guilty of them , and those that scatter slaunders on anothers tomb , deserve to have their own monuments sullied with ignominy . 2. a yet greater and most important inducement , is to promote gods glory by proclaiming the infiniteness of his love , the riches of his grace , and miraculousness of his power in working good out of evil , making destruction instrumental to conversion : sanctifying affliction , bringing a wretched soul to a sense of his misery : and ( as charity oblieges us to hope ) to a hearty sincere repentance not to be repented of ; if the blessed spirits of just men made perfect , and holy angels in heaven rejoyce at the conversion of a sinner ; ought not mortals on earth to remarque it , by magnifying the mercies of so good a god , and publishing his wondrous works , that the present and succeeding generations may celebrate them with due praises and thanksgivings . 3. nor can this certain and well known narrative but be highly useful ( if rightly improved ) to the readers ; ( especially such as were master boteler's acquaintance ) by way of caution and information ; you that were his friends ( and without reflection let me add , sometimes perhaps companions in riot and extravagance ) would you meet him again with joy in happiness ; imitate him then in his contrition and repentance ; you whose vitious practises have first prevailed to make you wish there were no future state of reward or punishment , and further continuance in sin so sear'd your consciences , stupesied your understandings , and degraded your reason : as with the fool in the psalmist , to say in your hearts there is no god : here you may behold how empty and idle , how pernicious and frightful , how loathsom and detestable such conceits appear ; when once serious apprehensions of death approach , opening the self-blinded eyes of the soul , and taking off those vain imaginations , which the depravity of nature , the inconsiderateness of youth , the madness of wine , or a proud fantastick humour of singularity have raised , and which tend no less to the disturbance and distraction of humane society in general ; than to the particular ruine and destruction , ( as well temporal as eternal , ) of all those that suffer themselves to be infatuated by them . as for the truth of what is here offer'd to publique view ; let me assure thee ( christian reader ! ) that there is nothing contained , but what was either found in mr. boteler's own hand-writing , solemnly declared by him as therein mentioned , taken from his dying lips , or known matter of fact ; all ready to be attested by worthy persons , ministers instrumental to his conversion , and attending him in his last agonies , or others of approved integrity : nay so conscienciously scrupulous has the collector been , that many remarkable expressions , though well remembred in substance , ( and which might much have embelisht these memoirs ) yet because not taken in the very words they were delivered in , are wholly omitted ; his aim in this undertaking not being at any private lucre or interest , but general satisfaction and edification . to which end , may his pains be sanctified by the divine blessing , and gratified by thy kind acceptance , serious perusal , and everlasting advantage . but we too long detain the greedy reader from matter of fact , to which we now proceed . master william boteler was born in northampton-shire , about the year 1650. descended of an antient family , and in his youth liberally educated in litterature and exercises , tending to the accomplishment of a gentleman : since the present wars between the confederates and french , he went over , attending a person of quality into the campagn , and at the battel of seniffe , gave signal proofs of his courage ; where his patron unfortunately happening to be kill'd , the whole care and management of his stately funeral was left to him , who dispatcht the same with so much decency , gallantry , and fidelity , as much indear'd him to the deceased gentlemans relations : amongst whom he has past most of his time since in the north in very good repute ; till coming up to london ( the great randevous of business ) as a candidate of fortune , in expectation of some imploy : he suddenly and most unexpectedly met with that sad and disasterous fate ; which put a period to his life . the wicked instrument that drew this mischief upon him , was one parsons , a fellow of a debauched life and ill fame ; who having heretofore insinuated into the affections of one mr. wade , living in the county of essex , and not above four miles from the town of bishops-starfford , a gentleman of considerable quality , and captain of the train-bands : he was pleased commonly to entertain him at his house , assist him upon any occasions , and in a word had conferred many singular obligations from time to time upon him : but in july last a difference suddenly arising between them upon some small occasion , which is differently related , and nothing necessary to be known : high words past on either side , so long till captain wade call'd him thief or high-way-man ; and he in return gave the captain the lye , who was thereupon so far provoked as ( 't is said not without some blows ) to turn him out of his company : thus away goes parsons in a huff , meditating revenge , and coming up to london , concealing the quarrel , trepans mr. boteler down to bishops-starfford , and at length tells him the difference , that he was resolv'd to have satisfaction , withal requesting him to be his second : which boteler ( also declared at his death ) absolutely refuses , but is at last unhappily persuaded to go to captain wade , ( whom he had often seen in london , but had never been at his house ) and tell him how enraged parsons was , and that he staid then in such a meadow ; but withal offering his mediation to reconcile them ; but after a little way they parted . boteler declared further , that he parted with captain wade before the murther was committed , and saw him not afterwards ; but endeavour'd all he could to avoid his company ; we shall referr the more particular relation of circumstances to master boteler's solemn confession , taken after his condemnation by the high sheriffs chaplain , according to the honourable judges order , which he twice took the sacrament upon , and dyed in ; the true coppy whereof shall herein in it's due place be inserted . what is here inserted out of a tenderness to the memory of a true penitent , is not intended as any sort of reflection upon the honourable bench , the witnesses , or the jury : he himself at his execution acknowledging the sentence to have been just and legal : but however having satisfied publique justice in suffering according to the law ; and having also freely submitted both to the sentence , and to the punishment , it is lookt upon as an act of christian charity , to divide as far as the case will bear it , his crime from his misfortune . the evidences themselves agreeing with a great part of what he himself delivered , and not contradicting any part of the rest : but however so it was , that upon thursday the 26 th . of july , he was arraigned at chelmsford assizes ; whereupon hearing of the evidence , he was brought in guilty . he behaved himself at his tryal with a very becoming modesty , protesting his innocency as to being present when they fought , or that he saw a sword drawn between them : but for further discovery of the truth , the ministers attending him , were commanded to press him to a full and candid confession of all circumstances : which he freely consented to , as follows . the confession of mr. boteler , after his condemnation , taken from him by the chaplain to the high sheriff , according to the honourable judges order . upon a strict and serious examination of the prisoner condemned , he humbly confessed as follows , viz. that parsons came to his lodging in london on the saturday morning ( july 14. ) and beginning to renew the former acquaintance betwixt them , ( mr. boteler haveing for a long time declined his company by reason of his being reported a common robber on the highway ) desired of him , that he would accompany him to mrs. ainsworths at bishops-starfford , where they would be merry , and take the country air ; which mr. boteler refused , assuring him that he was going into a course of physick for his health , and therefore not willing to leave the town ; however upon parsons's importunity , at last consented , and as they rode together ( not before ) he told mr. boteler , that captain wade , and himself had lately quarreled , and that the captain had call'd him theif , and given him such opprobrious language , that he could not put it up , but resolv●d to have satisfaction of him , and therefore if the captain would fight with seconds , desired mr. boteler he would do him the kindness to be his second ; but this mr. boteler absolutely refused , and told parsons he would rather endeavour to compose the difference , and make them friends , which if he could accomplish , it would not repent him of his journey , but he should be glad of the friendly office. they came to mistris ainsworths that night , and there lay , and also sunday night ; on munday morning parsons called up one of the servants early , and ordered him to make ready the horse he usually rode upon , and also one for mr. boteler , telling him he would show him a neighbouring park , which was very pleasant and worth seeing ; whereupon they rode out together ; in the way parsons told mr. boteler , it would then be a very fit time to know captain wades mind ; mr. boteler answered , it was most proper for him to go himself , and he would willingly go along with him , for he knew not the way alone ; parsons replyed , he was afraid to go to the captains house , least the servants should take an advantage of him , who knew very well he had lately quarreled with their master , but if he would go to the captains house , he would direct him the way , and wait his return in a field not far distant ; mr. boteler accordingly went , telling him at his departure that if he did not return in a short time , he should ride back again towards bishops-starfford , and he would follow him , mr. boteler came to the captains house , asked for him , and understanding he was at home , alighted from his horse , and was conducted by a servant into the house , who immediately acquainting his master , he not long after came down , and treated mr. boteler with great kindness and civilty , offering him a breakfast , which he refused , but drank with him , and in their discourse told him , he was concerned to hear there had been a quarrel betwixt him and parsons , and that he should think himself happy could he be an instrument to reconcile them : capt. wade answered in a passion , that parsons was a very ungrateful rogue , that he had affronted him and given him the lye twice , and he would never put it up ; mr. boteler replied , that if they both continued in such a heat , parsons demanding satisfaction for the opprobrious language given him , and he resolving on the other side not to pass by the affront offered by parsons , there was little hopes of a reconciliation ; captain wade then asked him where parsons was : mr. boteler answered , in a field not far off : then the captain demanded why he came not himself to his house ; he answered , because he feared his servants , or that himself would take advantage of the challenge ; capt. wade protested he scorned any thing of that nature , and then enquired of mr. boteler , whether parsons had not importun'd him to be his second ; he answered he had very earnestly desired it , but he altogether refused him , and therefore desired the captain he would forgive parsons and be reconciled : the captain solemnly protested he would not , but he would go and speak with parsons himself : which mr. boteler hearing , was very earnest with him , that in regard he was thus wheadled down by parsons , not knowing any thing of the difference , and yet might seem concerned in it , that he would put off the meeting of parsons for that day at least , and then if parsons resolved to fight , he would be a second to the capt. rather than to parsons ; but the capt. not hearkening thereunto , in a rage took up his sword , and told mr. boteler he would walk a little way with him , and so speak with parsons : mr. boteler desired him to desist , because being both in a heat danger might ensue : however the capt. went to the door with mr. boteler , who called for his horse , and would have immediately got up , but the capt. told him again he would willingly walk a little way with him , and then mr. boteler seeing he could not prevail , led his horse in his hand , and so they walked on together ; the capt. asking mr. boteler in the way , which field he had left parsons in , he pointed to the field , but desired the captain to retorn , which he absolutely refusing , mr. boteler told him , if he was resolv'd to go to parsons he would leave him , for he fear'd some mischief would , follow ; the capt. replyed , farewel then honest will , god bless thee , and so shook hands and parted : mr. boteler got on horse-back , and rode on gently towards bishops-starfford , and after he had rode half way , or thereabouts , parsons upon a swift gallop overtook him , and crying out to him onely , he is fallen , passed by him , and never stop'd till he came to bishops-starfford ; m. boteler rode after him , and when he came into mrs. ainsworths house , found her crying upon the bed , and parsons in the room with his boots on : no sooner did mr. boteler come in , but she cryed out , oh! mr. boteler , what have you done ? parsons hearing that , swore that mr. boteler was not near when they fought , and if the capt. were dead , he onely had kill'd him , and moreover that what he had done , be had done fairly : and having thus said , quitted the room , call'd for his horse , and rode away : mr. boteler after he was gone , thought it convenient for him to stay there , and whilst he was considering what to do in this case , mrs. ainsworth and her servant plainly told him he should not stay there ; and bringing the horse to the door , would not let him be quiet till they had prevailed with him to be gone , not suffering him to stay to take his coat and his other perriwig which he left behind . after he had rode four miles , or thereabouts , he saw parsons standing at a smiths shop , whilst his horse was shoo'd , having drop'd a shooe by the way : and after that riding a little way with parsons , ask't him the manner of their duel , who told him , that after they had chose a smooth green place at the end of a land , they made several passes at one another , and it was his fortune to break the captains sword , and then catching hold of his hand and wringing it behind him , he ask't whether he would beg his life ; the capt. saying he scorned it , he stab'd him into the breast , and so he fell : after he was fallen he thrust his own sword into the ground , and it breaking , he took the peice broke off , and whirl'd it from him , and so took horse and rid away . mr. boteler hearing this , told parsons he thought it not safe to keep him company , and desired him to ride on by himself : then said parsons , prethee will don't leave me , but let us ride together to london , and assure thy self if thou bee'st questioned , i will quickly clear thee and own the fact ; but mr. boteler still desired parsons to ride before , and then he did ; and mr. boteler kept at some distance from him in hopes to be left behind , but when he came to the green-man , parsons having dropt another shooe , staid there at the smiths , when mr. boteler came by , who seeing him there , took the way over hackney-marshes in hopes to loose him , and so they rode into london together ; when they came into drury-lane , where they set up their horses , mr. parsons sent for some women of his acquaintance ; and declared to them that he had fought a duel , and that mr. boteler was not near the capt. and himself when they fought , and if mr. boteler was call'd in question about it , he wisht that he might be struck blind and dumb , and many other horrid judgements befall him , if he did not surrender himself and own the fact . mr. boteler upon this left him , and went to his own lodging where he commonly lay before ; and the next day din'd with his friends at the usual ordinary , and being admonisht by a gentleman that had heard that he was search'd for by the hue and cry , sent immediately to secure parsons : but missing of him , was advised to take another lodging till parsons was taken : whereupon he went to a friends house , being an inn in bloomsbury , and being seiz'd by the constable and watch , at the first surprize betwixt sleeping and waking , deny'd his name , but afterwards confessed it , and protested his innocence , submitting to the officers , and so was brought to prison . this confession he solemnly made , declaring it to be the whole truth , as far as he was concerned in , or privy to the death of mr. wade , either before or after the same was committed ; and upon this he received the sacrament . and of the verity thereof there is this further probability , that he declared the very same to several friends upon his first apprehension , and all along to his death continued constant therein , without variation or contradicting himself in any circumstances , even to his death ; nor was any part thereof disproved by any of the witnesses , but several particulars confirm'd . being now under a sentence of death he began to consider his latter end ; and as by the christian charity of authority he was indulged a larger space of time than ordinary to fit himself for that great and dreadful change , so he improved those precious minutes most frugally to his spiritual advantage , by frequent converse with ministers , reading the holy scriptures , and other pious books ; and lest he should be tempted to mispend any part of his time vainly , or worse , instead of redeeming that which was past , which was now become his great business , as well as interest , he was very cautious of being spoken withal by any without first knowing their names ; so that if any of his old profane idle acquaintance came , he put off their impertinent visits by sending word of his being retired , and busie ; but with the ministers and others , whose discourse savoured of heavenly things , and tended to the edification of his soul ; he declared himself much delighted and refreshed in their society , yielding up himself to follow to his power all their wholsome directions : he was now much given to meditation and private prayer , mightily bewailing the wickedness of his past life , and magnifying god that had made him sensible of the danger he was formerly in : in a word , there appeared a perfect real change ; and that the reader may judge how happy a frame of spirit he was under , let him peruse the following engagement or covenant drawn up by mr. boteler himself , soon after his condemnation , and found in his own hand-writing in his book : the original remaining in the hands of a worthy minister , chaplain to a noble lord , whence this is faithfully copied . mr. boteler's solemn covenant with god , private-lately drawn up by himself , and found in his own manuscript . oh ! most dreadful god for the passion of thy son , i beseech thee , accept of thy poor prodigal , now prostrating himself at thy door ; i have fallen from thee by mine iniquities , and am by nature the son of death , and a thousand-fold more the child of hell by my wicked practises ; but of thine infinite grace , thou hast promised mercy to me in christ , if i will turn to thee with all my heart : therefore upon the call of thy gospel i am now come in , and throwing down my weapons , submit my self to thy mercy : and because thou requirest , as the conditions of my peace with thee , that i should put away my idols , and be at defiance with all thine enemies , whom i acknowledge i have wickedly sided with against thee ; i do here from the bottom of my heart renounce them all , firmly covenanting with thee , not to allow my self in any known sin , but conscientiously to use all means that i know thou hast prescribed for the death and utter destruction of all my corruptions : and whereas i have formerly inordinately and idolatrously let out all my affections upon the world , i do here resign my heart to thee that madest it , humbly protesting before thy glorious majesty , that this is the firm resolution of my heart , and that i do unfeignedly desire grace from thee , that when thou shalt call me thereunto , i may practise this my resolution , through thy assistance , to forsake all that is dear unto me in this world , rather than to turn from thee to the ways of sin ; and that i may watch against all its temptations , whether of prosperity or adversity , lest they should withdraw my heart from thee ; beseeching thee also to help me against the temptations of satan , to whose wicked suggestions i resolve by thy grace never to yield my self a servant ; and because my own righteousness is but as filthy rags , i renounce all confidence therein , and acknowledge that i am of my self a hopeless , helpless , undone creature , without righteousness or strength . and for as much as thou hast of thy bottomless mercy offered most graciously to me , wretched sinner , to be again through christ my god , if i would accept of thee , i call heaven and earth to record this day , that i do here solemnly avouch thee for the lord my god , and with all possible veneration , bowing the neck of my soul under the feet of thy sacred majesty , i do here take thee the lord jehovah , father , son , and holy ghost for my portion and chief good , and do give up my self , body and soul for thy servant , promising and vowing to serve thee in holiness and righteousness all the days of my life ; and since thou hast the lord jesus christ the only means of coming unto thee , i do here upon the bended knees of my soul accept of him as the only new and living way , by which sinners may have access to thee , and do here solemnly joyn my self in marriage-covenant to him . oh! blessed jesus ! i come to thee hungry and hard bested , poor and wretched , miserable , blind , and naked , a most loathsome polluted wretch , a guilty condemned malefactor , unworthy for ever to wash the feet of the servants of my lord , much more to be married to the king of glory ; but since such is thine unparallel'd love , i do here with all my power accept thee , and do take thee for my lord and husband , for all times and conditions , to love , honour , and obey thee before all others , and this to death ; i embrace thee in all thy offices , i do renounce my own worthiness , and do here own thee to be the lord my righteousness ; i renounce my own wisdom , and do here take thee for my only guide ; i renounce my own will , and take thy will for my law. and since thou hast told me i must suffer if i will reign ; i do here covenant to take my lot as it falls with thee , and by thy grace assisting to run all hazards with thee , verily confiding , that neither life nor death shall part between thee and me . and because thou hast been pleased to give me thy holy laws as rules of my life , and the ways in which i should walk to thy kingdom , i do here willingly put my neck under thy yoke , and set my shoulder to thy burthen , and subscribing to all thy laws as holy , just , and good ; i solemnly take them as the rule of words , thoughts and actions , promising , that though my flesh contradict and rebel , yet i will endeavour to order and govern my whole life according to thy directions , and will not allow my self in the neglect of any thing that i know to be my duty . only because through the frailty of my flesh , i am subject to many failings , i am bold humbly to protest that unallowed miscarriages , contrary to the settled bent and resolution of my heart , shall not make void this covenant , for so thou hast said . now almighty searcher of all hearts , thou knowest that i make this covenant with thee this day , without any known guile or reservation , beseeching thee , that if thou espyest any flaw or falshood therein , thou wouldst discover it to me , and help me to do it aright . and now glory be to thee , o god the father , ( whom i shall be bold from this day forwards to look upon as my god and father ) that ever thou shouldst find out such a way for the recovery of undone sinners ; glory be to thee o god the son , who hast loved me , and washed me from my sinns with thine own blood , and art now become my saviour and redeemer : glory be to thee o god the holy ghost who by the finger of thy almighty power hast turned about my heart from sin to god ; o dreadful jehovah , the lord omnipotent , father , son , and holy-ghost , thou art now become my covenant-friend , amen , so be it , and the covenant which i have made on earth , let it be ratified in heaven . will. boteler . having thus by sincere repentance , a lively faith , and hearty endeavors to work out his salvation with fear and trembling ; secured his eternal interests , his affections were wholly set on things above , so as to be little solicitous for , or about his temporal concerns , for though several of his friends did strenuously endeavour to obtain a pardon , ( or at least further reprieve ) yet he appeared freely willing to pay the forfeiture of his life , often sighing out his cupis dissolvi , and expressing a godly jealousy over his own heart , lest it should start back again to vanity : but at last the fatal day is prefixt for his execution , viz. munday the 10 th . of september , the news whereof he received from mr. high-sheriff ( to whom for his many civilities he gratefully exprest his acknowledgments ) with an unmoved christian-courage , as tidings he had long expected , serving only to waft him out of the rageing straights of a sinful world into an ocean of bearitude ; so that having the day before devoutly again received the sacrament , and care being taken to have his funeral sermon preached before him alive on the morning of his execution ; he was about 10 a clock conveyed to the church , where a numerous congregation being assembled , the minister before designed , and for whom mr. boteler himself had chosen the 7 th . of micah and the 8 th verse for his text on this occasion , being disabled by unexpected indisposition , another able divine supply'd the place , and after an excellent practical discourse from a very suitable scripture , viz. revel . 2.16 . the former part of the verse , repent , or else i will come unto thee quickly . towards the close , applyed himself to the particular solemnity in these words following . the latter part of the sermon preached at mr. boteler's execution . i have now done with my text , and must intreat your patience and attention , whilst i apply my self to this most unfortunate person before you , which is the sole occasion of this most sad and sorrowful solemnity : a person whom god hath thought fit to come upon , and surprize by a most dreadful visitation , a death whose very ignominious pomp and base formalities are most terrible and affrighting , to feeble , unconstant and starting nature ; and yet i have very great inducements to believe , that his natural courage , and christian fortitude , will make him both willing and able to drink of this bitter cup , which he acknowledges to be much sweetned by some circumstances in the mixture and preparation thereof . i must confess according to the common law of england , he hath had a very just sentence past upon him , and he hath often , with tears in his eyes , and groans in his expressions , bewail'd all the unlucky circumstances of that fatal concern , and hath also ( in sincerity i hope ) implor'd the almighties pardon and forgiveness for associating himself with that most ungrateful villain , who so barberously murthered his too kind , and over-obliging friend , and notwithstanding his solemn and frequent protestations to the contrary , suffers this miserable gentleman to pay the price of that blood , the guilt of which still blushes in the conceal'd murderers face , as being the true reflections of his accusing and convicted conscience , all which doth really demonstrate the over-whelming pressures of that heart , which could not but conscionably burst forth into a vocal confession of its own guilt . however , through goood report and bad report , the condemned is now hasting to his execution , and having received the holy sacrament as his strengthning and spiritual viaricum , is now in hopes through the conduct and security of his blessed saviours merits , to be brought through this red sea of blood , into the most glorious and satisfying land of promise ; he knows indeed it is a bitter passover , and must be eaten with sowre herbs , but still desires to remember it is the lord 's passover , and therefore hopes he shall not think of the herbs , nor be angry with the hands that gathered them , but rather look up to him only in whose power it is to institute that , and also to govern these , being assur'd that all misfortunes upon earth , are permitted by him who is supream in heaven , and that all these little and inconsiderable motions in nature , are mov'd and guided by the great and irresistable wheel of providence . i cannot but acknowledge myself plac'd here as the faint eccho of this dying person , and therefore t is but fit i repeat that , which he desired might be part of his last words , and the subject of my present discourse , had i had a convenient time alotted for a matter of so great weight and importance . hear then ( i beseech you ) hear this dying penitent , breaking forth into the pathetical words of the church , spoken by the prophet , mic. 7.8.9.10 . rejoyce not against me , o mine enemy , when i fall , i shall arise , when i sit in darkness , the lord shall be a light unto me ; my shameful fall will be my glorious rise , this little darkness upon nature , and shadow of death , i am now about to pass through , will be but an happy entrance and passage into everlasting light and brightness ; now in full assurance of this , give me sir , leave to exhort you , who are now going to suffer , to persevere and continue stedfast to the end , and to be constant to the last gaspe , in your devout and pious resolutions , that you would bear with patience the indignation of the lord , consider the rod and who hath appointed it . let me prevail with you heartily and sincerely to forgive that enemy , leaving that vindication of your self to that great god to whom vengeance belongeth , you may resolve to dy in that christian charity , which must compleat your sincere and acceptable repentance . to conclude , let me further exhort you , seriously to consider , that you are passing from the church to the last scene of your fatal tragedy , and therefore in the midst of every preparative and religious exercise , let the thoughts of dying at the next instant , heighten your zeal and vigor , quicken your graces and vertues , and highly inflame your devotion : marriners who foresee a storm or tempest ready to encounter them , begin then to use their utmost art and diligence to secure themselves , and cry loud to their gods for assistance , as they did in the ship that carried jonas . and thus whilst you with seriousness , contemplate on your sudden and succeeding execution , whilst you are offering up your last prayers , you cannot but be earnest with god to save you from perishing , you cannot but cry mightily , and beg heartily that you may take hold on that secure plank , your saviour's cross , which may carry you to your desired haven , that you may be thrown upon christ , the rock of your salvation , & so escape eternal shipwrack ; that you may be hid in the clefts of his wounds , till your heavenly father's wrath is gone & passed over : the very meditation of that ignominious death which your god thought fit you should at this time suffer , ( considering also what your saviour hath suffered before you ) ought to enliven your faith , strengthen your patience , inflame your love , confirm your hope , & will then carry you out of a pleasing contemplation into a perfect enjoyment of the blessed vision , into that impassible state of eternal joy & felicity , where there shall be no more doubts , nor fears , no more troubles nor distractions , no more sorrow , nor crying , nor pain , to which god of his infinite mercy , &c. from the church the prisoner walkt on foot to the usual place of execution , marching to meet the king of terrors , with the courage of a roman shall i say ? nay rather the fortitude of a christian : for indeed he only can look death in the face undauntedly , upon solid grounds , who knows that his redeemer liveth , without this the flower of nature shrinks and droops at the sight of a chilly grave : for when others brave it , their unconcernedness is the effect only of stupidity , or a feaverish passion ; let them but consider it in cool blood , and they shall be ready with the emperour adrian in a fit of trembling and perplexity to cry out : o animula vagula , blandula hospes ; comesque corporis quae nunc abibis in loca pallidula ; rigida , nudula , nec , ut soles , dabis joces . on the contrary , here you might behold a staid and even resolution , equally void of womanish fear , or hectorly impudence , that shew'd a due consideration of the weighty errand he was going about , & that upon true measures he could bear with the difficulties of the way out of a sense and comfortable prospect of his journeys end : and now too might you see the most marble-hearted spectators in all the numerous croud to melt at their eyes , and compassion to seize the most obdurate breasts . being arriv'd at the place ▪ where he was to suffer , he mounted two or three rounds of the ladder , and thence with a modest look , and chearful voice spake as follows : the last confession , or speech of mr. boteler at place of execution . gentlemen : i have very great reason to believe , that i shall die here with as little pity , and as much malice as ever any did ; but i beg of you to hear the words of a dying man , who within a few minutes must go out of this world. in the first place , as to the thing i suffer for , i am very well satisfied , and am content to die , believing that i die justly and righitously by the law of the land ; but as touching the murder of mr. wade , i am not guilty ; parsons came to me , and desired me to go to mr. wade , to tell him that he was in such a place , and would speak with him , which i was loath for to do ; but upon his perswasions i went to him . ( this captain wade i never had any malice or envy in my heart against in my life , nor any provocation from him ) but , as i said , i went to him , and told him that parsons was resolved not to put up the affront he had given him : i told him also that parsons was in a field in such a place : i said , sir , i am sorry that parsons hath any thing against you , that he is so enrag'd ; he desired me to go with him to the field , and shew him where parsons was , for he would go to him : but i was unwilling to go with him , and more than once desired him to let me be gone , that i might not be concern'd one way or other , desiring him likewise to forbear , or at least defer meeting , to see if a reconciliation might not be had , and if afterwards parsons would fight with seconds , i would serve him rather than parsons : but he would needs have me go forth of his house with him ; so i walk'd with him a little way , and then i said , fare ye well , sir , god bless you . and he said , god bless thee , honest will , and so we parted . i do declare that i never saw them near one another , nor any sword drawn . if any thing lies upon my conscience , it is this , ( and i have laid it before the lord with humility , and am satisfied that god hath pardon'd it through the merits of christ ( that i should be an occasion to bring him out of his house , whereby he came to his end . i do declare , that parsons told me both before and when he was come to london , that he did believe the captain was not dead . but i have very justly deserved a greater death than this , by my many sins that i have committed against god , and i do desire that my fall may be to the saving of many a man here . my wickedness was great , i was come to meer atheisme , i did not beleive there was a god , but liv'd in continuual practice of sin ; going to bed prophaning of his holy name , and rising again with curses in my mouth , let all that hear me this day repent , and not forget the lord that made them . i was educated like a gentleman ( as many do know ) and very well brought up as to religion , but i had left all that , and kept bad company , and was drawn in only as you have heard , but you see , he that did the fact is escaped , and i must dye . now i desire that every one that lives , and sees me here , may take example by me , who am going out of this world within a few minutes ; there is never a one here , but does provoke the almighty every minute to cut him off , were not his mercies infinite ; and i can freely lose this life , confessing i have deserved an eternal death , yet i believe through the merits of my dear saviour that he will receive me immediately into glory . now there is another aspersion that is cast upon me , that i was a high-way robber , and i do declare , that i never had any such design , never was of any gang to that purpose , nor ever saw any man robb'd that i remember in all my life . as touching the bloody coat that people judge i did the act in , i do declare that it was done by my being let blood , and that six or seven weeks before the murder was committed , as many gentlemen can witness , nor had i that coat on then . another thing i would clear that was cast upon me , which is , that i was a roman catholick , but i do declare that i am not , but am a protestant and of the church of england , though one of the least and worst thereof . now i have done , and leave it to you , whether you will beleive the words of a dying man or no ; for how could i expect to be saved , if i should go out of the world with a lye in my mouth . i pray god of heaven freely to forgive parsons , that hath brought me to this , and to give him to consider what he hath done , and grant him repentance for it , and to have mercy on his soul . but though i dye i am confident that he will clear my innocency , but i find that i was so little believed , that people thought i would say any thing to save my life . and now i desire you all to joyn with me in prayer to almighty god to forgive me my sins , to have mercy upon me , and to save my soul . so he kneeled down to prayer , and prayed very affectionately , humbly , and enlargedly , with much brokenness of heart , and such pathetical expressions , that , being not exactly taken , it would be injurious to represent them with the least variation from his own words , then a minister went to prayer with him , and after he had prayed to god again in few words , he then rise up and said , the god of heaven bless you all , and when he was on the ladder , he said . the lord jesus christ have mercy on me , then the hangman asking him to forgive him , he answered , oh with all my soul i forgive thee ; and then last of all gave the signal of his innocency that he promised to the minister , by clapping his hands , and said , jesus christ receive my soul , and so was turned off . there were present a great many persons of quality ; and a vast number of common people , but so affecting was his language and behaviour , extorting tears from his very enemies , so that scarce any there but wept , and bewaild his untimely end , as if he had been one of their own relations : his body in a fair cofin was convey'd back to chelmsford , and that evening decently buried , being atttended to the church with a very numerous company . considering the original occasion of all this sad tragedy , wherein these two gentlemen so unfortunately lost their lives one in the field by the sword of an ungrateful villain , and the other by the hand of justice ; i know not how i can more usefully close this narrative , than with a few words against the mischievous humour of duels , t is most strange how such an unreasonable , brutish and bloody custome should so far prevail against the laws , as still to be accounted brave and honourable , as if a gentleman were obliged to hazard his life , or forfeit his honour at the pleasure of every desperate ruffin ; that honor is too thin and brittle , that a foolish rash word can pierce ; t is certainly a dear purchas'd conquest , that stains a man with the deserved title of a murderer , a sorry triumph where the conqueror must either run away and hide his head , or ignominiously fall a sacrifice to expiate the guilt of his victory ; does not he who denies that he can be wrong'd more nobly , then he who confesses that he is both subject to wrongs , and hath received so great an one that he cannot but pursue its revenge , he who conceals his wrong , is only wrong'd in private , whilst he who revenges his wrong , is wrong'd in publique , and certainly the publike wrong is more ignoble ; and seeing we conceive our selves concern'd in honour to punish such as would divulge an affront that was smother'd as soon as given , we cannot but be said to wrong our own honour , when we in seeking revenge , proclaim such wrongs as had else either vanisht , or been lessen'd by the concealment . thus have i heard of a prudent old man , at whose bald head a rotten orange being thrown , in the street , clapt his hat upon 't , and said , i shall spoil that knaves sport , who expected to see me come shewing my head all besmear'd over , and complaining of the injury : t is one of the most picquant revenges to undervalue our enemies , so far as not to think them worthy of our notice ; and we shew our selves to be greater then they , when we let the world see , that they cannot trouble us , when children and natural foolls , or mad men do the same things that we fret at in others of more advanced years , and understanding , we pass them without a frown ; which shews , that it is not the acts done us by our enemies , but our own resentment , which in effect injures us ; he who pardons , proclaims he fears not his enemies for the future , but revenge implies apprehensions of what we desire on that account to lessen ; thus cowards are generally cruel , never counting themselves secure till their enemies have lost all capacity to resist : in revenge we act the executioner , but we personate a prince when we pardon , in the one we bestow a favour , and so are noble , in the other we discover our infirmity . may such considerations or ( if reason cannot be heard ) at least such direful examples , as this we have here impartially presented the world with prevail , for the future to abate this wicked custome , grounded on fantastick punctilio's of honour , generally promoted on trifling , shameful occasions , alwayes attended with black and fatal consequences , and chiefly practised by those that may justly claim the least share in the noble vertues of real magnanimity and fortitude . pascitur in vivis livor , post fata quiescit . finis . anti-duello. the anatomie of duells, with the symptomes thereof a treatise wherein is learnedly handled, whether a christian magistrate may lawfully grant a duell, for to end a difference which consisteth in fact. also, the maner and forme of combats granted, with the seuerall orders obserued in the proceeding thereof, with the list of such duels, as haue beene performed before the kings of england. truly and compendiously collected and set forth by mr. iohn despagne, for the good of soueraigne and subiect. published by his maiesties command. espagne, jean d', 1591-1659. 1632 approx. 76 kb of xml-encoded text transcribed from 39 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a68036 stc 10530 estc s114510 99849735 99849735 14900 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a68036) transcribed from: (early english books online ; image set 14900) images scanned from microfilm: (early english books, 1475-1640 ; 786:12, 786:13) anti-duello. the anatomie of duells, with the symptomes thereof a treatise wherein is learnedly handled, whether a christian magistrate may lawfully grant a duell, for to end a difference which consisteth in fact. also, the maner and forme of combats granted, with the seuerall orders obserued in the proceeding thereof, with the list of such duels, as haue beene performed before the kings of england. truly and compendiously collected and set forth by mr. iohn despagne, for the good of soueraigne and subiect. published by his maiesties command. espagne, jean d', 1591-1659. delamore, andrew, attributed name. [6], 63, [1] p. printed by thomas harper for b. fisher, dwelling in aldersgate-street at the talbot, london : 1632. translated by andrew delamore?--stc. identified as stc 10531 on umi microfilm, reel 786 đ. reproductions of the originals in the british library. appears at reel 786, positions 12 and 13 (both are british library copies). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dueling -early works to 1800. dueling -england -early works to 1800. 2006-09 tcp assigned for keying and markup 2006-09 apex covantage keyed and coded from proquest page images 2006-11 celeste ng sampled and proofread 2006-11 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion anti-dvello . the anatomie of dvells , with the symptomes thereof . a treatise wherein is learnedly handled , whether a christian magistrate may lawfully grant a duell , for to end a difference which consisteth in fact. also , the maner and forme of combats granted , with the seuerall orders obserued in the proceeding thereof , with the list of such duels , as haue beene performed before the kings of england . truly and compendiously collected and set forth by mr. iohn despagne , for the good of soueraigne and subiect . published by his maiesties command . london , printed by thomas harper for b. fisher , dwelling in aldersgate-street at the talbot . 1632. to the right honorable and most noble , robert , earle of carnarvon , lord dormir , baron of wing , &c. m. of the hawke to his maiesty . as also , to the trvely , worthy , vertuous and learned gentlemen , m. andrew pitcarne , master falconer to the king ; m. patrick maulle , and master james leuiston , esquires ; groomes of his maiesties bed-chamber . right noble and truely worthy , vnder whose protections could i more meritoriously commit this dedication then to you , whose noble hearts are so deeply stampt with the true marke of vntainted honor , that your faire names in the front of this booke , will bee to it a strong buckler , as well as a singular ornament ; for it is not the eminency of your greatnesse ; that induceth me to this dedication , but your admired goodnesse , and sweet affability , most rare , in this iron age , but still inherent and abiding in your illustrious blood . vouchsafe then now , out of your noble disposition , and vsuall , fauour , to learning and good endeauours , to honor with a kind acceptance this poore oblation ; consecrated to your vvorth : for such courtesies from you , will make you liue againe and flourish in your graues , laurell springing from your ashes ; while the disdainers of the muses ( which doe abound in this degenerated age , and like vvormes in libraries , seeme onely to liue to destroy , root out , and banish learning ) will lie witherd , neglected & forgotten ; therefore as the poet hath , let not our worthy thinke , it is in vaine , they by this meanes eternall names doe gaine , the muses doe such honour to them giue , that when they dye , their vertues most doe line : but the enemies of learning , when they die , as in obliuion shut forgottenlie . vvere it not for the muses , our names and liues should at one time depart ; and when faire vertues worthy louers dye , then doe their memories suruiue eternally ; our guilded monuments doe soone decaye , but fame thus sounded shall endure for aye , muses embalme our names with sweet perfume , times odor , which no time can e're consume . accept then ( most noble and worthy ) of this small scantling of the muses seruices , by this dedication , as courteously , as officiously it is humbly dedicated and consecrated vpon the altar of your diuine vertues . a discourse wherein is discussed this question , viz. whether a christian magistrate may grant a duell , for deciding of the matter when the true author of some fact committed cannot euidently be discouered . generall principles & common notions , by which a man distinguisheth what is iust and what is vniust , are of themselues so perspicuous , that it is in vaine for any man to bestow paines in the proofe of the same ; but , particularities , on which the eie of iustice ought to reflect , are oft times accompanied with sundry apparances , and are thereby rendred disputable : so , we say in a generall proposition , that murder is vnlawfull , but yet in some particular case , it may from circumstances receiue such a qualification , that it may bee esteemed a lawfull action ; vniuersall maximes are like to stars , their place certaine and their motions regular and within their generall extention , they comprehend inferior propositions . the law eternall of god and of nature , are two great lights which impart lustre and vigor to all the rest , but , when wee come to hypotheses , then a man descends ( as it were ) to the elementary region , where all things are changeable and turbulent , and where one shall encounter and meet with a perpetuall conflict of reasons as with so many counterbuffs of contrary winds . one disputes concerning an exild man , a banditti , to whom one promises pardon , in case he bring the head of one of his comrads , hee brings the head of his owne father , that was one of the number , the question is , whether hee ought to haue the benefit vpon the faith of the state assured and promised him , or be punisht as a paricid : if a man found asleep be charged to haue committed a murder , there is required a very serious disquisition and waighing of circumstance and reasons before he be eyther condemned or acquitted . now , if the question of right ( concerning what is iust and what is vniust ) be entangled with so many perplexities , that of fact ( concerning what is true and what is false ) is infinitely more obscure and absconded . it hath been seene , that two men haue so simmetrically resembled each other , that all the kindred of the one , and his very wife also , being mistaken , hath entertained the impostor into a place wherein hee had no interest , and yet when the true husband hath come and presented himselfe , the subtilties of the other were so quaint , and his answers so pat and comformable that they haue made the iudges to stand astonisht ; the eies of all europe were a long time intent vpon that pretended sebastian of portugall , and they that were most cleare sighted were deceiued in him : oftentimes both fact and right , are liable to disputation , as in the cause of diuorse between h. 8. and katherine of arragon . if the question bee then of a fact which cannot bee proued by any ordinary way , what shall the iudges doe to find out the truth ? wee haue not moses resident on the earth , who could consult with god himselfe , when hee knew not to whom the right of a controuerted succession belonged : nor the pectorall of iudgement vpon the habit of the great sacrificer : nor the water of malediction , which discouered the innocence or guilt of women suspected of adultery : nor the eie of seers or prophets , how gaue answer themselues concerning smaller matters , as saul searching his fathers asses , went to samuel to heare some tidings of them : nor that spirit , by which elizeus discouered the auarice of gehazi , and s. peter , the lying of ananias and saphira . i will not speake at all of those vnlawfull wayes , which many haue late held to attaine thereunto , no man would bring againe into vse , the proofe by scalding water , wherein the liuonians put the hand of the accused partie , or the iron red hot , vpon which one of the greatest princesse of europe , offered to march naked , for testification of her chastity ; or the profanation of those who abuse the sacrament of the eucharist , to know if a man be innocent , and giue it him in this manner : the body of our sauiour iesus christ inable thee to proue : more tolerable was that course which a iudge tooke to end a controuersie betwixt three brethren , who were at variance which of them was the more legitimate , hee caused the body of their dead father to be vnburied , gaue them in their hands bowes and arrowes , and adiuged that hee of the three that shot neerest his heart , should bee held legitimate : two shot , the third said that hee had a great deale rather forgoe his title , then to gaine it at such a price ; the succession was adiudged to the last , and if the proceeding were barbarous , the iudgement was commendable . but these impious courses , which the sunne of iustice hath chased into hell , ought now thence to bee cald back againe . let vs see then , if there rest any other extraordinary way , which may hold the place of proofe : wee find that in such cases , some haue vsed casting lots , and such as approue of a duell , doe easily allege this reason : that the duell is one kind of lot , and by consequent practicable . indeed thereby occasions wherein the lot may take place ; if two brothers haue an inheritance to be diuided betwixt them , and after each portion being equaly diuided , yet they may try by lot to see which of the two ought to fall to the one or other . in a senat if a place fall void , and many citizens expect it , being of equall capacity to execute the same , the clayme 's of these competitors may bee tryed by lot , for auoidance of many mischiefes : so did the romans vse to doe in allotting their prouinces , and still to this present , many common wealths follow that course , in disposing offices and dignities . in time of persecution , the ministers of a church may cast the lot , to know to whom amongst them it shall fall to stay , or goe ; the examples wherewith holy antiquity doth furnish vs , to this purpose haue some thing in them of a high straine , then the simple nature of a lot can well beare ; as one may see in the diuision of the land of canaan , and in the inauguration of saul , in whose election it pleased god they should deale by lot. but the matter which is properly in question is this ; if a man may this way serue his turne , to find out the truth of a fact which is vnknowne vnto vs ; and heere again wee haue examples , but they are such which exceed the nature of a lot. in antient times amongst gods people , when it was euident that some crime was committed amongst them , the author whereof was not certainly knowne one cast lots among the tribes ; from the tribes , he came to the families ; and lastly it fell vpon some one single man ; so was hee conuicted that had taken things forbidden at the sacke of iericoh ; so ionathan was found out , hauing done contrary to the command of the king his father : so the mariners came to the knowledge that ionas occasioned the tempest ; if we were assured to find out matters so happily , or if god had giuen vs his warrant , i could admit of casting lots in this nature , but we haue nomore certainty to build vpon , but the incertainty of the lot. and yet this makes nothing in fauour of a duell ; for the manner of proceeding by lot , is not to send two men to slay one another , and generally the lot toucheth but one , but the duell endangereth both , one whereof is innocent . we will then now speake of the duel ; and to the end , that no man may imagine that possest with a preiudicate opinion , we condemne it onely , in regard of the name which makes it odious , we wil accurately waigh all the kinds and differences ; i well know that wee are not to treate heere of the fights wherein gladiators & fencers exercise themselues , for recreation of spectators ; moreouer , we handle not that vnheard fury of those , who to fulfill their particular reuenge , or for some imaginary puntitio of honour , haue waded so farre in the effusion of blood ; and sent so many soules to hell : but the question heere is of a duell warranted by the lawes ; agreed vnto by the soueraigne , adiudged necessary in default of other proofe , for the making manifest of some fact in question of consequence to the state ; and for the decision of a difference of great importance ; but this is the very thing which we argue , to wit , if superiors may in good conscience decree a duell at their motions , for the determination of their difference . and that i may anticipate and obuiate many pretenses , which might diuert vs from the state of the question : i acknowledge , that vpon certaine occasions the duell is disputable , and vpon others altogether necessary ; see some examples : when an innocent man opprest by the calumnious accusation of his aduersary , is like to be condemned , in case he iustifie not himselfe by combat ; some hold , it shall bee lawfull to accept this way ; there being none other way left him to support his innocence . but , this proceeding cannot iustifie the iudges ; for if they haue found him guilty , will the duell make him innocent ? and finding nought to conuict him , are they not bound to acquit him ? why then will they expose him to the hazard of his life , whom they are not able to pronounce guilty ? the duell whereto a man is constraind by the violence of one that sets vpon him , is not of this nature . he that is assayled , may repell force , with force ; it is a principle in nature and a priuiledge granted by the laws ; for the partie assailed is not in case to inuoke the assistance of a magistrate , and the magistrate is not in place to repell that oppression . but , what relation , or analogy hath this defence with the magistrates absence rendred necessary , and which hee ought to haue forborne , if hee had beene in place with a duell , which the magistrate will authorise either by his presence , or by his approbation ? nor makes it to the purpose to allege the duels which haue beene fought betweene princes , which haue determined their quarels by the monomachy of man to man. the crowne of england was sometimes in that sort disputed , betweene edmund iron-side , and canute the dane : edward the third offred as much to the king of france ; the french king to the emperor charles the fifth , and henry the great , father of our most illustrious queene , made offer to the duke of guise his competitor , to put a period to their difference by point of speare , his person against his , six against six , or hundred against hundred . i will not say , that it is lawfull to a prince so to hazard the head of the common-wealth , and in his person , all the body of his estate ; but when this way is permitted them , it is , because soueraigne princes haue not any iudge aboue them who can doe them right , so that to obtaine reason from their hands , who are eleuated to as high a pitch of dignity as themselues ; there is not any other way , but by armes ; and these their doings haue an outward shew of charity : for a prince will say , that hee likes better to expose his owne person to danger , then to see a bloody warre that should swallow vp many thousands of men , and giue occasion of an infinite slaughter . and it may bee that some people desirous to auoid a generall conflict of nation against nation , haue sometimes remitted their quarrell to a certaine number of men , to be chosen by either side by them to bee decided by combat . so three hundred lacedemonians fought against a like number of the argiens ; three romans against three latins ; and when dauid and ishboseth , stood competitors for the royalty ; the two generals ioab and abner , caused a combat betweene twelue souldiers of the tribe of iuda against twelue of the tribe of beniamin . this kind of duell is as it were an abridgement of the warre , and yet not very iustifiable . there is more apparance in this case , then in any of the cases afore mentioned . two armies are ready to fight , hee that hath the right on his side , finds himselfe inferior in forces , so that if they come to handy-stroakes we must all die of necessity : the enemy makes an offer of a single fight one to one , and offers to stand to the euent of this duell ; why should wee all perish , and not rather make legall of this way and expedient , which perchance may giue vs the victory , or at least will saue six thousand mens liues , and there can but one be slaine ? but this example hath no correspondence with the duell , whereof wee now treat , and one may not draw into consequence particular actions which are exployted in warre , or in the consequence of warre ; especially in heat of bataile , as h. 7. slew richard , that enioyed the royall throne : and adolphe de nassau , died by the hand of albert of austria . moreouer , it matters not to allege that famous example of dauid against goliah , of a young infant not hauing for defensiue armes other then his shepheards staffe , and for offensiue but a sling and a stone , against an old warrier , monstrous in stature ; armed at all points , his speare and lance of a prodigious bignesse , like the rest ; had not dauid had in this particular an assurance of gods pleasure , it had beene an extreme rashenesse to enterprise it , and to hope to ouerthrow so great a colossus . also that action is numbred amongst the miracles , but miracles are not wrought to serue as rules for our imitation , and we must consider the quality of these two champions , and the occasion of the duell : the one was an israelite , the other a philistin ; they engaged themselues in the quarell of two nations , and not for their particular interest ; they were subiects to two seuerall princes , and of a contrary religion , it was in the view of two armies , and that of the infidels was to yeeld themselues conquered , if the giant were slaine : in a word , beside that , it was supernaturall , it was an action of warre , and consequently lawfull . now , to come to the scope of my intent , we must remember that all manner of difference , consists either in fact , or in right . as concerning the question of right : i no more like that it should be decided by the sword ; otherwhiles this bestiall custome hath past as a law , that the better title of competitors consisteth in force , so that brothers entered not oft into their fathers inheritance ; but by way of parricide , vpon the dead carkasles of their neerest kindred , & with violence to some of their own blood : sons themselues haue beene vnnaturall to their owne fathers , and constrained them to seeke succour by armes . but , let vs see if a duell may haue place in the question of fact. to proue the affirmatiue , these reasons following are alledged ; that the warre is without comparison more vniuersally bloody and pernicious , then is the combat of a few particular men , the death of one or two hath no proportion with the butchering and massacre of many thousand persons ; the slaughter of infants and old folke , the desolation of widowes and orphans , the spoile of tillage , demolishing of houses , ruine of villages , pillages and violence , which cōuert into a wildernesse the most florishing kingdomes ; and in a word all the mischiefes which warre engendreth , and yet is by naturall right , that a duell for proofe of actions obscure and doubtfull , hath beene adiudged necessary by antiquity , which hath made the laws , and approued by the suffrages of a great many nations , that the christian world hath happily put it in practise , for no short space of time : that many differences cannot bee otherwise determined nor many secret iniuries come to light , but by this expedient . i acknowledge that warre is one of the scourges of mankind , and may bee of all others the most horrible : and those which haue authority to make warre , are bound to seeke out all waies for agreement before they enterprise warre , to imploy the mediation of their allyes , and to bring downe their demands to an indifferent equallity . but , when one is forced to enter into war all lamentable euents , which accompany war are to be imputed to that party that hath compelled the other to such a necessity ; especially , if the warre is defensiue , for he that fights onely to defend himselfe , is not guilty of the miseries which may follow . for offensiue warre , oftentimes it is not necessary : a prince or estate , from whom a duty is detained haue right to regaine by this way . in the first warre that was in the world the patriarche abraham armed all his house , to set at liberty his friends and kindred : warre then is made warrantable by the law of necessity ; now this necessity proceeds ( as we haue before specified ) heere-hence , because soueraigne powers are exempt from iustifying their actions before any tribunall . there is not a iudge established amongst kings to decide their differences , so that he which is offended by the other , can haue no recourse but to the iustice of armes . but it is not so amongst priuate men , for god hath giuen them iudges , and yet not permitted such iudges , who are no other extirpers of battell , to grant the same to two parties at variance , to the end that they may do iustice by their ownhands . we must marke also that warre is not made to know which of the parties hath the right ; for he that enterpriseth a war , ought first to be well assured of the iustice of his cause ; for otherwise it is not a war , but a publique robbery , but in the duell , two men are made to fight , who it may bee kill one the other , without which one knowes not which had the wrong . to conclude , war is authorised in scripture by expresse ordinances , furnished with many rules , blessed by moses prayers , practised by prophets and kings ; approued by the fore-runner of christ ; honoured by the presence of the arke ; and gouerned by a chiefetaine , that cals himselfe the god of battailes . but after a duell we finde not so much as the bare name mentioned . concerning the lawes , vpon which some found this duell ; we ought first to know , if such lawes themselues be lawfull . a wicked law , saith an antient father , is no law , but a corruption of law ; and a bastard law cannot legitimate an action , nor make a proceeding iustifiable : otherwise , why curse wee the antient almains , amongst whom , theft hath its approbation , as an exercise of vertue ? why condemne we the scythians , who imitating the west indians , haue their seruants buryed aliue with them , yea and their owne wiues ? vvhy haue we abrogated so many antient lawes , made by our ancestors , and that haue continued in vse many ages ? is it not for that some of them are contrary to the law diuine ; others of them repugne the law of nature , and sauour more of barbarousnesse , then humanity ? the law which decrees a duell in default of proofe , is found amongst the antient constitutions of the seliques allemans , danes , english , normans , and other people of the west ; from whom it is said to take its originall . but , what were these law-makers , that haue made this law for vs ? vvere they not such themselues , who decreed human sacrifices to their false gods , and spared not the offering vp in sacrifice of their owne infants ? vvere they not such who accounted those vnfortunate men and women , to haue an heroicall resolution that died by their owne hands ? vvere they not such which approued incestuous copulations , and that in a word made lawes as it were in despight of god and nature ? but we are not to wonder if they decreed a duell , in the question of fact , seeing that the greater part of those nations , do hardly take any other course in affaires where the right is controuerted , which notwithstanding is by all found fault with at this day . froton king of denmarke , commanded that all differences arising in his kingdome , should by combat be decided , and that is the reason , why the scythians who maintaine their right by force , and haue no other religion , law , nor iustice then the sword ; haue accustomed to plant their groūds with trees , wherof they made their speares , and to adore them as a supreme deity . contrariwise , the easterne people , whose morall vertues and ciuility wee imitate ; the assyrians , egyptians , persians , hebrewes , and also the greeks and romans , neuer admitted of the duell , but in fact of good warre : this law then ought to be examined by that which is the rule of all others , as being deriued from god , for we speake not of particular ordinances which were in vse onely in the common-wealth of the iewes , but of that eternall law , expressed in the sacred writ , which remaines in perpetuall strength , & binds all kinds of nations , and when there happens a doubtfull cause , if iudges would preuentthose resentmēts which their consciences will make them feele , they cannot know a better way then this , to wit , to iudge an other by the same law , which shall iudge them all at the last day . the examples of duels cannot be of better regard then the laws which produced them : england hath seene many fight in case of accusations of treason , and it maters not to bring many instances of this nature , whereof histories are full : francis the first , king of france , would neuer condescent that two noble men of his court should fight in single combat , although they greatly desired it , saying , that a prince ought to suffer a thing wherof can come no good . his successor h. 2. ( who dyed after by a blow receiued in tournament ) granted a duell , but amongst a thousand of these combats one shall hardly finde two which haue brought to light that which was sought after , to wit , the manifestation of the fact , the truth thereof being stifled in the blood of the duellists , so that it is oftner an act of tragedie , then of true iustice . before i answer the obiections , which may be alledged , we will encounter this duell with these arguments following . 1. section , it is certaine and cannot be gainsaid , that this way is casuall hazardous , and by consequent deceiueable , i acknowledge that humane actions which are various , contingent and infinit cannot proue themselues with so much certainty , as can mathematicall conclusions , which haue infallible demonstrations ; euer some incertainty goes a long with proofes . one and the same action shall oftentimes be disguised in so many seuerall shapes , that the eie of iustice cannot discerne the true figure , the witnesses may be lyars ; oaths , false ; writings , counterfait ; iudges , corrupt ; and the parties owne confession , oftentimes betraies their owne innocence : it hath been seene that some weary of an irkesome life , haue voluntary accused themselues of crimes which they neuer committed ; the torture hath somtimes caused men to say that which neuer was ; and many also daue endured it , which haue stood in maintenance of deeds as false , as falsenesse it selfe : vvhat then can iudges doe alwaies groping in the dark , and when the brightest lights , which they can bring , cannot find out the illusions , which lie hidden in these obscurities ? i answer , that so long as they go a regular pace and that they containe themselues within the bounds by good lawes prescribed , they cannot erre , when vpon the deposition of two or three witnesses , not to bee excepted against ; it chanceth that an innocent is condemned : the conscience of the witnesses is guilty , not that of the iudge , for he hath proceeded , according to laws diuine and naturall ; but if such a mischiefe happen through his steering other courses , then such as the law of god hath commanded him , how can he hope that that law will serue to warrant his proceeding ; and besides , the testimonies and circumstances , which often are suborned , yet haue a naturall relation with the fact ; but things in their owne nature casuall , cannot giue any intelligence herof : vvhat a brutish proceeding then is it to casheer iustice , which is sacred ; for to entertaine the vanity of a thing contingent casuall and abusiue ? is it not iust as if one should put all to chance , as the democritusses of our age vse to speake ? 2. section . this proceeding is contrary to the fundamentall principles of iustice , which adiudge the right not to him which hath the stronger body , or which hath more dexterity in his weapon ; but to him that is knowne to maintaine a iust cause , yet it is a thing thereby and conformable to the order of nature , that the strong should ouercome the weake , so as it happens the weaker man though innocent , is conquered by the power of his stronger aduersary . all the precautions which may bee vsed ( as the giuing them armes alike , and the taking away of all aduantages from either partie ) cannot so perfectly equalise their forces , their dexterity , their spirit , their courages , but there will euer bee an inequality . and moreouer , a man is not at all times in like strength and during the passage of such an action a beame of the sun ; the shaking of a leafe , a little sand blowne in the eye , or vnder the feet , a sudden obiect , a cloud in the aire , a fright , a thought may vndoe one of the parties : but letting passe all this is it not alwayes a course opposite to iustice , to iudge a man more by the successe of his sword , then by the goodnesse of his cause ? 3. section . and to answer to the obiection , that the cause is a doubtfull cause , and that the single combat is decreed to dilucidate and manifest the same ; let vs see what will be the euent herein : either the two combatants escape , or both of them stay vpon the place , or onely one of the twaine , if it chance they bee separate vpon equall aduantage , what proofe will the duell afford vs ? shall the truth of the fact bee for euer vnknowne ? then to what purpose serued it to endanger their liues , when some other way of attonement might haue beene found out ? had it not beene better to haue taken this knowne course , then to reioyce in their destruction , and engulph them into danger ? and if both remaine dead in the field , what proofe will that make ? how shall truth appeare to vs , when their misfortune is equall ? shall we attend till their ghost , from beneath , rise to accord matters after their death ? or if the one terrified ouer his aduersary and hauing his dagger held at his breast confesse himselfe guilty , who can assure vs , that this acknowledgement is wrung from him , more by the force of vertue , then by the feare of death ? or if he that lies groueling on the ground , weltering in his gore , nor hoping ought , nor fearing ought in this world , perseuer in the protestation of his innocence , and dye making such assertion , what shall we iudge in this case ? the iudges giue their suffrage to the conqueror ; but i beleeue in their consciences they adiuge the right to the vanquished . a dying mans last words are of more validity , then many witnesses ; it is not to be presumed that a christian would staine his life with so criminall a falsity and ad to the ouerthrow of his body , the perdition of his soule also ; it remaines that we hold it not strange , though god permit the innocent to bee vanquisht , who though for ought besides hee bee not guilty , hath deserued this chastisement , for defending his innocence by this vnlawfull way ; but this excuseth not the promouers or directors of this action , but more aggrauates their fault . 4. section . for as it is certaine , that of two contending , the one of necessity must bee innocent ; his life is equally endangered with that of the guilty : equity , and humanity direct vs that it were better to pardon a guilty man , then endanger an innocent , but wee see both are obnoxious to the same danger . as a turkish sultan , that cut vp the stomach of thirteene of his pages , to know which of them had taken and eaten a certaine melon , and would haue exercised that barbarous cruelty vpon threehūdred more of that band , if in a good houre for them , that fatall fruit had not beene found in the stomach of the fourteenth man. some will say , that they condemne them not to dye ; but at least it is apparant that they adiudge them to enieopard their liues ; which if they escape , that is no thanks to the law , which bound them to run the hazard ; for that bloudy lawe it selfe ordaineth , that the vanquished , if he dye not by the hand of his antagonist , bee dispatcht by that of the executioner . when one enioines a man to fight with lyons , or buls , vpon condition to acquit him , if miraculously , or by some extraordinary relenting or gentlenesse , hee free himselfe from the pawes of those furious beasts ; is not this neuerthelesse a condemning a man to the danger of death ? or when one experiments the force of a poyson vpon the body of a guilty man , with a promise to grant him his life , in case the strength of his complexion surmount that of the poyson ; is not this a kind of condemnation ? in the duell , then two men are exposed to vndergoe this danger ; is not this a monstrous iniustice ? for ordinarily a man is condemned , because proofe is brought in against him ; but heer quite contrary , a man is condemned ; though nothing be prooued against him : one is condemned , i say , to hazard that which no man can restore againe , i meane , his life ; if any man obiect that in war , a soldier who stands suspect of some fault , is commanded to bee the first that should scale a breach , orto seeke out some dangerous place , or to vndergoe some other seruice full of danger ; i answer , if that man be in fault , the ordinance cannot be taxed of iniustice , that assignes him such an expiation ; but if he be innocent , yet is there no wrong done him , in so much as the law of armes may command men of more eminent ranke ; who are bound to sacrifice their liues for the good of the common weale . and therefore we must againe be mindfull of the difference betwixt a duell , and those actions ; which are atcheiued in the warres . moreouer , a souldier , or officer being suspect , or accused of treason ; there can no better course be taken to know the truth , then to make a triall , by some seruice ; which may either manifest his perfidiousnesse or loyalty ; for such actions disclose the inward intentions of a man , by a naturall dependance , and produce effects of like nature vnto the fact , which cannot bee certainly decided : but in a duell there is no iot of likelyhood , that any proofe should appeare thereby amongst such as professe themselues men : for can wee in any reason draw this conclusion , that one man is a traytor , because an other hath killed him . it may be too , some will say , that this duell is not by command , but onely vpon sufferance , that the two parties themselues request it , and they being agreed , there is no wrong offered them , seeing , it is their owne will and seeking : to which i say onely this , that it is the office of the magistrate to cohibit and restraine the passions of particular men , and not to comply with their desires of killing one another . in ancient time , in some common-weales , there was an ordinance made for the disparagement , and disgrace of such that kill themselues by their owne priuate authority ; and the purport of the law , was , that if any one desired death , he should make his repaire to the magistrate , who hauing heard what he could say ; iudged if his request to dye were reasonable , and it being granted so to bee ; gaue him leaue either to hang himselfe , or cut his owne throat ; otherwise , it is a crime to dye without leaue . but the publike magistrate ought rather to reine in the fury of the enraged , then giue them a pastport to slay one another ; otherwise , to permit a murther , is to commit it . 5. section . now , as we know that the intention of each of the two , is to kill his aduersary , in case he deny not his words ; if it chance that this fatall lot fall vpon the innocent ; can the conscience of the iudges find reasons sufficient for their excuse ? shall not the blood returne vpon their faces , & they neuer be quitted of this aspersion : and it will not serue their turnes , to say they had no such intention , for they cannot deny to haue exposed the innocent ( which soeuer of the two hee were ) to a desperate condition , to haue ingaged him in a combat , and to haue giuen authority to the hand that perpetrated the murder . 6. section . nay , i say more , that if two criminall persons , duly attainted and conuicted bee condemned to death , the magistrate cannot in good conscience assigne a duell , that they may slay each other , for that were to make them executors and homicides of themselues : but in a duell ( whereof wee treat ) it is farre worse , for heere the innocent shall bee the butcher of the nocent , or ( which is more horrid ) heere the guilty shall put to death the innocent , or , which fals out there , they are both in perill to bee butchers of each other . 7. section . to say that in a duell , we await what successe god will send , is a friuolous excuse ; ill proceedings haue sometimes good successe , but that is by accident : wee are not bound to pilate for hauing condemned iesus christ ; hoping that god will pardon our proceedings . and more , who hath told vs that god will adiudge as we desire ; to wit , to the aduantage of the innocent ? thinke wee that god is bound to conforme himselfe to our intentions , and to execute our sentence ? or if it be only to see what hee will doe therein , is not this impudently to tempt him , and to make an encrochment vpon his hidden iudgements ? 8. section . but it is yet more cruell ; to what danger are their two soules exposed ? if one of the two be slaine in the field , what shall become of that soule , which departs out of this world : also swolne with vengeance , all set on fire with deadly rancour , fretting in his owne gall and thirsting after the bloud of his neighbour ? is it likely to bee receiued into the bosome of the patriarks ? why then doe wee hazard so swiftly the saluation of a soule , which the sonne of god bought so dearely , and which cannot bee bought againe ; but at the price of so many teares , which he hath shed with great cries , and of so much blood hee hath shed to wash it ? thinke we not that he will demand it at our hands ? 9. section . let vs oppose to this barbarous law , the stipulations of christian diuines , who call this duell , an inuention of him that hath beene a murderer from the beginning , who when in effect there were but two brethren in the world , instigated the one to kill the other . let vs oppose against it the canons & law of the church , which haue thundred forth anathema's , and excommunications against these bloody homicides ; and which haue prosecuted their very ashes , denying them christian buriall , and condemned their memory as abominable and worthy to be execrated . 10. section . finally , let vs not oppose the lawes of god , which haue vouchsafed to descend to actions of lesse consequence . these holy laws forbid to speake wrong of a deafe man , to lead the blind out of the way , to mouzell the oxe that treadeth out the corne , and many other ordinances of like nature ; but how comes it that we find not any rule , in a matter so important as is the duell ? iudiciall proceedings are there well prescribed at large , and in diuers places ; and vpon what proofes iudges ought to found their iudgements . the same in fact of accusation , and touching delators . the verball deposition of two or three witnesses , specially in a matter of life and death , deut. chap. 17. vers . 6. the oath , which the holy ghost affirmes to bee an end of controuerfies , hebr. chap. 6. vers . 16. and an oath is ordained in case of goods deposited , exodus chap. 22. vers . 8. writings and seales in matters ciuill , ierem. chap. 21. the confession of the guilty , iosua chap. 7. ver 19. presumptuous and strong coniectures ; as when salomon adiudged the infant to her that was more willing that another woman should enioy him all , then to suffer him to bee cut into halfes ; but concerning proofe , or decision by battaile , our sauiour hath not aduised thereof , so that he hath made no rules concerning barriers ; the equality of the armes , the calling to the combatants ; the going downe of the sun , the silence of the spectators , and other circumstances . in a word , this fighting reduced into an art is none of his inuention . also amongst all the great courages , which the holy story commends to vs ; and amongst them , which often had many particular quarrels to fight ; wee cannot finde the practise of this duell . dauid had an enemy in the court of saul , to wit , doeg the edomite , who forbore not to accuse him before his prince , breaking out defiance , and outrage in his hearing ; but dauid did neuer demand the combat to right his innocence , and to make this impostor swallow his lye ; for , as concerning what he did against the giant , wee haue seene , that that action was of another nature ; and from this we may conclude , that the duell is a crime , for whatsoeuer we find vnwarranted by precept or example in the scripture , is without faith ; now whatsoeuer is done without faith , is a sin . 11. section . let vs adde to this , that when the truth of a fact , cannot be manifested by lawfull meanes it is a tempting of god to bee obstinately bent by firie force , to know that which he would haue hid from vs ; but it is a bloody boldnesse , to seeke for the truth in the blood and in the heart of a man , like those wretched soules , that sacrifice humane creatures to know by their entrals , and shall often get nothing , but resentment & repentance vpon the whole matter , if it chance the fact be manifested afterward , when the mischiefe is past repaire : as hath beene seene in the famous example of two men , one of which charged the other to haue committed theft ; they fought in single combat ; the partie accused was slaine ; some short time after , the theft was found in the hands of a third partie that was guilty thereof . the iudges cannot now raise againe the poore innocent , but must suffer the sting of conscience , all their life long . 12. section . and lastly , let vs see if a duell be to any purpose , for the determining of a difference ; what inconuenience can ensue vpon a difference vndecided ? it may be the two parties may bee fighting continually ; is it then fit to make them kill one another to day , to the end , they may not doe it at another time ? or is it better they should be slaine with ceremony to the end , they may dye by priuiledge ? the remedy is worse then the mischiefe , and it is worth laughing at , were it not an offence to god. if this way of a duell bee lawfull betweene two persons , why shall it not be vsed betweene two families vpon like occasion ? and euermore the most barbarous neuer liked that magistrates should permit a combat between two kindreds or two families , the consequent would extend to the whole cōmonwealth ; and lastly , one part of the estate would destroy the other , which would proue the forerunner of desolation : in a word , this course would extirpate all seates of iustice , and ouerthrow all order and politie . what then is the duty of iudges in such like occasions ? i say not that they should doe as that iudge , that being not able to giue his resolution in a capitall matter ; and fearing to doe wrong to the one , or the other , would not giue a definitiue sentence ; but decreed onely that the parties should appeare within a hundred yeeres , to abide what should bee iudged to be right : a terme long enough and such as would free them from court , and processe vnlesse some other iudge had interposed himselfe in the matter . but to speake seriously , the iudges cannot bee ignorant what is prescribed vnto them by good lawes , to wit : that in euery doubtfull case , the accused ought to haue the aduantage , and that hee must pronounce in his fauour : that the accuser not prouing the crime obiected ; the partie charged ought to be acquitted . this rule of law is equitable and approuable ; if hee erre in steering other course , pure innocence shall reside in more security in the dens of lyons , in the forests , or among the dragons of the wildernesse , then in the palace of iustice . there is nothing so easy as to accuse , and calumniation with a brazen forhead , an impudent throat , and audacity to persist in leasings , are such things as ever ouer whelme the modesty of the innocent . yet neuerthelesse , i acknowledge that when a crime touching the estate in question , many reasons there may bee , wherefore one ought not euer to bind the informer to all the stricktnesse which are vsed to accusers that faile to proue their accusations ; if a crime of this nature come to my knowledge and i discouer it not , i make my selfe guilty ; and if the fact come to light , at any time , by another meanes ; my silence will bee enough to hang me . it stands the state vpon , that there bee a moderation vsed in this behalfe : to impose silence at all times , to delators , that are not able to proue ; would produce but bad consequences , for many conspiracies would be plotted , with more audacity and security . in all estates it is permitted to whomsoeuer hee bee to discouer crimes , by a secret way : hence it is that an informer , or delecter of some crime , write downe in some scroll ( without telling his name ) the crime , the authors and confederates , and all circumstances , which are come to his knowledge ; hee cast this scroll into a trunck , which is placed within certain churches for that end ; the magistrats comming to see the trunck , find many relations , which serue them to discouer great misteries : now though this way bee not free from inconueniences , and that there can be no proofe made thereby ( the informer being vnknowne ) this good comes thereby , that many hidden practises , which otherwise had not beene brought to light , are by this discouery divulged . the prince makes his obseruations of things thus discouered , and the discouerer beeing vnknowne , remaines in security ; i conclude , that a wise prince hauing regard to the condition of the parties , to the consequences , and other good respects may conserue vnstayned both the honour of the one , and of the other . the greatest difficulty , seems to be this , in two contradictories , the one being necessarily false , how can one acquit the accused , without making the accuser giue himselfe the lye , and by consequent to surcease , but this moderation may bee vsed , to wit , that one content himselfe to say ; that he may not goe forward in a fact without proofe , yet it were fit to enioyne perpetuall silence , and neuer more to complaine vnder a great paine . be it as it will , of all expedients , which one can take , the duell is the worse . this way is practised by men barbarous and vnnaturall ; it is casuall and deceitfull : it profanes the sacrednesse of iustice : it ouerthrowes vniuersall maximes : it produceth no certainty : it puts in ieopardy the innocent , as well as the guilty : it tempts god many wayes : it makes men slayers of their neighbours and themselues : it cozens men of saluation , and carries their soules to the gates of hell : it is condemned by the wiser part of christians : it is not warranted by the law of god : it is without example , from the practise of the faithfull . to conclude , it is a poysonous antidote , more pernicious then the mischiefe , which one should preuent . and when it produceth the fruit desired , it is wretched fruit must bee purchassed at such a price . dauid in his sicknesse earnestly desiring to drinke of the wels of bethlehem ; two souldiers , would haue hazarded their liues to fetch some , hee protested hee would not drinke the blood of those men . nothing is so sacred as the blood of a man , and the blood of beasts is not imployed but in sacrifices . let vs not forget the law expressed in the 21. chap. of deut. concerning the manslaughter vnknowne , and the expiation thereof in the stony vally . the solemne prayer which was made in that ceremony , may be applyed to the subiect of our discourse : o lord be mercifull vnto vs , and lay not innocent blood to the charge of thy people . the manner and forme of combats anciently obserued before the kings of england . when vpon the exhibit of the bill in court before the constable , the appellant failes in the proofe of his appeale , and cannot by witnesse nor any other manner of way make the right of his demands appeare , he may offer to make proofe of his intent vpon the defendant with his body by force : and if the defendant will say , he will so defend his honour , the constable , as vicar generall in armes ( for so is my author ) vnder the king , hath power to ioyne his issue by battaill , and to assigne the time and place , so that it be not within forty dayes after the issue in that manner ioyned , vnlesse the agreement of the parties giue themselues a shorter day . and vpon the ioyning of the issue by combat , the constable shall signifie to them their armes , which are , a gauntlet and short sword , and a long sword and dagger : and then the appellant and defendant shall both finde able pledges for their appearance at a certaine time and a day set , before the sunne be come to some one degree certainly named , to acquit their pledges , and the plaintiffe to make proofe of his charge ; and the appealee to make the best defence he can for his honour , and that in the meane time neither of them , by themselues , nor by any well-willers of theirs , shall lie in ambush to assault or worke any grieuance to the other . the king shall finde the field for performance of the combat , which must bee sixty foot in length , and in breadth forty . it must bee a hard , and firme ground , nothing stony , and listed about , by the aduice of the marshall , with good and seruiceable railing . there must bee two doores , the one in the east , and the other in the west ; each of them of the height of seuen feet or more , so that a horse cannot leap ouer them ; and these doores are to bee kept by the sergeant at armes . on the day of the battell the king shall sit in a chaire mounted on a scaffold , and a low seat shall bee made for the constable and marshall at the foot of the descent from the scaffold ; and sitting there , they demand the pledges of the appellant , and defendant to come into the lists , and render themselues the kings prisoners , vntill the appellant and defendant are come in , and haue made oath . when the appellant comes to the field , he shall come to the doore in the east armed , and so appointed as the court did order , and shall there attend the comming of the constable , to bring him in . and the constable shall demand of him , who he is that comes thus armed to these lists , what name he beares , and the cause of his comming . the appellant shall answere , i am such a man , a. of b. appellant , who am come mounted and armed as you see , to the doore of these lists , to demand an entry , to make an endeuour to proue my intent against c. of d. and to acquit my pledges . then the constable , taking vp his beauer , so assuring himselfe he is the same person who is the appellant , shall throw open the doore , and bid him enter in his armes , with his victuals , and other necessary attendance , and his councell with him , and shall then bring him before the king , and thence to his seat where he shall attend vntill the defendant come . then the appellant shall make a request to the constable and marshall to discharge his pledges ; and the constable and marshall shall informe his maiesty , that since the body of the appellant is entred the lists to make proofe on his appellee , his pledges by law ought to haue a discharge . and after leaue granted by the king , the constable shall discharge them . if at the time appoynted , the defendant comes not in to his defence , the king doeth command the constable to call him by the marshall ; and the marshall shall command the lieutenant ; and the lieutenant shall command the marshall of the heralds of the south ; if it be in the march of clarencieux ; & if the marshall of the heralds of the king of the south be not there , then a herald of the march of king clarencieux shall call him . and if the performance of the battel be on the north side of the riuer of trent , in the march of king norrey , the marshall of the king of the north shall demand him : and in his default , one of the heralds of the march of king norrey shall call for the defendant , thus : oyes , oyes , oyes , c. of d. defendant , come to your action which you haue vndertaken this day , to acquit your pledges in the presence of the king , constable , and marshall , and defend your selfe against a. of b. in that he shall question and charge thee . and if he appeare not , he shall be in like manner thrice demanded at the foure corners of the lists ; only the second time hee is proclaimed ; at the end the herauld shal say , the day is farre passed . so at the third time , the herauld at the halfe houre after three of the clock in the afternoone , by the commandement of the constable , shall thus summon him . c. of d. defendant , saue your honour , and come in to the action you haue vndertaken at this day ; the time is far gone , the halfe houre is spent ; come into the lists vpon the perill that shall follow thereon , or else you come too late . then when they haue both appeared , the register of the constables court shall in writing obserue their entrance , the order , and time , and the manner , whether on foot or mounted , their armes , the colour of their horses , and how their horses are harnessed , lest their horses , or their harnesse should bee changed , or otherwise imbezelled . then the constable shall know whether it will please the kings maiestie to appoint any of his nobles to counsell and aduise them . the constable shall employ two knights or esquires to the appellant , to keep his standing , and to care that hee obserue no charme , spell , or other ill arts , vntill he hath made oath ; and with the like charge , two others shall be dispatched to the defendant . and when the constable hath asked his maiesties pleasure , whether his highnesse will receiue their oathes in person , or that the constable and marshall take them in the lists , calling for the appellant , with his counsell , he shall demand of the counsell , if they will make any further protestation , that they should now put them in ; for this time is peremptory , so as hereafter no protestation shall be receiued . then the constable shall haue a clerke ready by him with a booke ; and the constable shall cause his register to read the whole bill to the appellant , and shall say to him , you a. of b. doe you know this to bee your bill , and the complaint which you exhibited in court before me ? laying your right hand vpon this booke , you must sweare the truth of your bill in all points , from the first to the last charge in it , and that it is your intent to proue vpon c. of d. the contents thereof to be true , so aid you god. the forme of it is thus , thou a. of b. this thy bill is sooth in all points and articles conteined therein from the beginning to the end ; and it is thine intent to proue them this day so to bee , on the aforesaid c. of d. so god thee helpe and hallow . this done , the appellant is remanded to his stand . the defendant shall be in like manner sworne vpon the truth of his defence . and this their first oath they ought to take kneeling ; but by the fauour of the constable and marshall they somtimes do it standing . then the constable shall by the marshall , call the appellant before him , and tender him his second oath , which ( if the constable giue leaue ) he may take sitting . a. of b. laying your hand on the book this secōd time , you shal sweare that you come no otherwise appointed then as by vs the constable & marshall hath beene assigned ; that is , with a short sword , and a gauntlet ; a long sword , and a dagger ; that you haue not any knife , or any other pointed instrument or engine , small or great ; no stone , no herbe of vertue ; no charme , experiment , or any other inchantment , by whose power you beleeue you may the easier ouercome your aduersary , who within these lists shall oppose you in his defence ; and that you trust not in any thing more then in god , your body , and the merits of your quarrell ; so god you help . then being conducted to his place , the keepers of the lists shall bee put out , and the defendant in the same manner shall be demeaned . then the constable and marshall shall send for them both before them , and the constable shall name the appellant and defendant , and shall say to them both thus ; take yee each other by the right hand , and i command that neither of you bee so hardy as violently to handle one another , vpon your perill ; and laying their left hands on the booke , the constable shall say , i charge you a. of b. appellant , by your faith , and your right hand , which is inclosed in the hand of your aduersary c. of d. that you vse your power , and make vse of all aduantages to make good your appeale vpon c. of d. your enemy , the defendant , to force him to a rendring of himselfe into your hands by demanding of a parley , or with your owne hand to kill him before you depart out of these lists , by that height of the sunne , and age of the day you haue assigned you by vs the constable and marshall , by your faith ; and so god you help . the same forme shall bee obserued on the part of the defendant ; and then they shall be brought each of them to their places , the lists cleared of the councell and seruants on both sides . the oathes thus past , an herauld by the command of the constable and marshall , shall make oyes thirce , and shall say , we the constable and marshall in the kings name charge and command euery man of what quality or condition soeuer he bee , that hee approach not within foure foot to these lists , nor that hee speake any word , make any noise , giue any signe , nor by his countenance or otherwise direct either of these parties , a. of b. or c. of d. appellant and defendant , to take any aduantage the one vpon the other , by any signe so giuen , vpon paine of life and member , and the forfeiture of his chattels . next , the constable and marshall shall assigne the place where the king at armes and the heraulds standing may haue a full sight of the action within the lists : for now they are to attend the appellant and defendant , and minister to them in what they shall command them ; and if either of them faint , or haue either desire to eat or to drinke of their victuals they bring with them into the lists , it is the office of the heraulds to bee attending vpon them . if the appellant will either eat or drink , hee must first desire the good leaue of the defendant , which shall be by a king at armes signified to the constable and marshall , and they to attend his maiesty with the desire of the appellant , and the consent of the defendant , and pray his maiesties allowance of it . and if either the appellant , or the defendant haue a necessity to doe any other thing , the heraulds and the pursuiuants shall attend them . after this the constable and marshall freeing the lists from people of all conditions , except a knight and two esquires of the constables train , and the lieutenant ; a knight and two esquires of the marshals retinue , which shall bee in armour , bearing lances in their hands , which are not to bee barbed with any iron , to part them when his maiesty shall giue the word . these knights and esquires are neither to bring swords , kniues , bowes , nor daggs into the lists . they of the constables side are to keepe one corner of the lists , and there lay themselues flat on the ground : and in like manner shall they of the marshals side bestow themselues at another corner of the lists ; for none may appeare vpright within the lists saue the constable and marshall . and if the king be not present , then the constable and marshall shall sit in the place of the king , and the lieutenant be within the lists . but if the king bee present , then the constable sitting vpon a seat before the king within the lists , as the kings vicar generall , shall command his lieutenant to accompany the appellant , and the marshall or his lieutenant with the like respect shall accompany the defendant . and the constable sitting at the foot of the seat royall , shall speake with a lowd voyce ; let them go , let them go to doe their endeauours . this said , the appellant going to the defendant ( standing in the presence of the king ) shall with all his strength assault him ; and the defendant shall be as wary as he can in his defence . the constable and marshall , or their lieutenants , ought to be within hearing , and also within sight , if in case either of them speake , or make any signe he will renounce his quarrell ; or if the kings maiesty say but hoe , or giue any other signall , then they who are within the lists with the constable and marshall , throwing their lances betwixt the appellant and the defendant , and so parting them , they shall not giue way to either of them to assault the other , vntill the king command they bee free , or that the constable declare his maiesties pleasure to bee so , by saying , let them go , the king wils it . notwithstanding that the constable hath giuen the defendant a set time to come in to his performance , yet , in case he commeth not according to the appointment of the constable , of right , iudgement shall not passe against him vpon his default , vntill the first halfe houre after three of the clock be cleerly passed , let the cause be treasonable or otherwise . but the appellant whose suite it is , ought to be there at his precise time , when the constable shall first demand him , else his pledges haue forfeited their security . the appellant and defendant shall be searched by the constable and marshall , their weapons and armes questioned in all points , that they bee auowable , and no engine or deuice not honourably iustifiable in them . and if they finde any such practice , the party shall bee outed of that weapon : for , reason , ciuility , and the law of armes will vpon no condition , in acts of this high performance , admit of trechery , or base conspiracy . the appellant and defendant shall , as they themselues agree , cloath their bodies ; for that is left to themselues , only the constable shall examine that they both haue the same armour , or other defence vpon his body . if one of them desire his sword to be shortned , so that it bee shorter then the measure of the standard , the other is not bound to abate the length of his weapon : but if they once agree to fight with swords longer then the standard allowes , at the day of the action within the lists , either of them may demand to haue his weapon made to answere the standard , and the other is in honour bound to make his conformable , being a demand lawfull , not vpon fancy , and tasting of no priuate way or aduantage . now the constable and marshall are to beattentiue to the king , if his maiesty shall please to command the combatants should bee parted to take breath , or for any other purpose ; and in any case they must haue especiall care how they part and diuide them ; and that at the time when they interpose , they bee both of them in the same degree or possibility , and neither of them in the mercy nor in the hand of the other . the constable and marshall shall not suffer them to whisper , or haue any priuate discourse ; for they are the witnesses , and in their breasts lies the record of their words , and in no other place . and if the battell bee grounded on a cause of treason , hee that is conuicted and discomfited , shall be disarmed by the command of the constable and marshall , one corner of the lists broken downe in disgrace of the party becoming recreant , and being fastned to a horse , shall bee dragg'd from the place where he so lost his armes to the block , and haue his head seuered from his body , or be hanged by the neck , or otherwise , according to the seuerall vsages of the country . it is the office of the marshall to accompany the party to the place , and there in his view to see execution done , and all the sentence performed , and that aswell of the side of the appellant as the defendant . for good conscience , equity , and the law of the field do exact , that the appellant if in case he be conuicted , and becommeth a man vanquished in his proofe , that hee incurre the same paine and hazard the defendant should haue done : but if the cause be any other crime then treason , hee that is so by the body of his aduersary conuicted , shall lose his armes within the lists , and thence be led out to the place of his suffering , which is directed by the vsage of the country ; and this aswell of the appellant as the defendant , as aforesaid ; onely hee shall not bee dragged , nor the railes broken , vnlesse it bee in case of treason , and not otherwise . but if it be meerely an act of armes , a tryall by challenge allowed by the grace of the king , constable , and marshall ; he that in such a combat confesseth himselfe vanquished , shall be disarmed , degraded , and being led to the skirt of the list , he shall be tossed and throwne ouer the barrs , without any further punishment . if it please the king to take the difference , and the iudgement thereof into his owne hand ; and command them to bee friends without any further controuersie : then the constable taking the appellant , and the marshall the defendant , shall beare thēboth befor the king : and the king shall by the constables signifie his pleasure vnto them ; then they shall be both of them lead together vnto one of the gates of the lists , and be so conueied out of the lists , in all points as they entered the lists ; and shall be so conueied out of the lists , in the same article of time , that of them no man may say , a first was out , or a last within the lists : for , since the king hath into his own hands taken the consideration of the quarrell ; it were dishonorable that either of the sides , in a battaile withdrawne by the word of a king , should suffer any dishonor , the one more then the other . and the antient tenet and opinion hath bene , that he that is first out of the lists suffers a diminution of honor , the field being his in honor , that is last possessor of it ; for , he maketh it good . there ought to be double lists for the seruants of the constable and marshall , and for the sergeant at armes of the king , who are to attend , and defend , that no offence , affray , outrage , or other misdeameanor against the cryes , made only in court be committed or suffered , or any affront that may be meant against the kings maiesty , or the laws and honor of armes . these men ought to be in compleat armes . the constable and marshall , may bring what power they please with them into the field , and those either armed , or otherwise , at their election . the kings sergeants at armes shall bee the keepers of the doores , and portals of the lists ; and they are to make all arrests by the commandment of the constable and marshall ; and such so arrested to assure . the fee of the constable is their steeds , and armes , and all that they bring with them into the lists , saue onely those wherewith they fight ; and of the partie ouercome , all his armes and other things of combat , are the right of the constable . the fee of the marshall , is onely the lists , barres , seates , and other works for that spectacle . a catalogve of certaine combats , granted by the kings of england . edmvnd of the race of west saxons , fought in combat with ganutus king of denmarke , for the possession of the crowne of england . in which fight both the princes being weary , by consent parted the land betwixt them . anno 1016. robert mountfort accused henry of essex of treason , affirming , that hee in a iourney toward wlaes , neere vnto colshill , threw away the kings standerd , saying the king was dead , and turned backe those that went to the kings succour . henry denyed the accusation , so as the matter was to bee tryed by combat : the place appointed for fight , was a little isle neere vnto reading . in this combat , henry was vanquished , and fell downe dead , and at the suite of friends , licence was obtained that his body might bee buried by the monkes of reading . but it happened that the said henry recouered and became a monke in that abbey . anno 1163. in the raigne of king henry the second . henry duke of hereford , accused thomas mowbray duke of norfolke , of certaine words by him spoken , as they rode betweene london and brainford , tending vnto the kings dishonor . thomas duke of norfelke denied to haue spoken any such word , but henry affirming his accusation , the king granted the combat , to bee performed at couentry the seuenth of september , 1398. anno rich. 2. but the combat was not performed , for the one , and the other party was banished the realme . a combat was fought at westminster in the kings presence , betweene iohn ansley knight , and thomas catrington esquire , whom the said knight had accused of treason for selling the castle of saint sauiour , which the lord chandos had builded in the isle of constantine in france : in which combat the knight was victorious . anno 1374. rich. 2. a combat was granted vnto an esquier borne in nauarre , to fight with an english esquire called iohn welsh , whom the nauarrois accused of treason . but the true cause of the nauarrois , his malice was , that the said welsh had dishonoured his wife as ( being vanquished ) he confessed . the king gaue sentence hee should be drawne , and hanged . anno 1344. rich. 2. a combat was fought betweene sir richard wooduile , and one other knight borne in spaine . after the third blow giuen , the king stayed the fight . anno 1441. henric. 6. a combat was granted vnto iohn viscount borne in cipres , and thomas de la marsh naturall sonne vnto philip king of france , in the raigne of king edward the third at westminster . there was also another combat , granted by the said king edward , which was fought neere barwick , betwixt sir iohn de sitsilt , and sir iohn de faukenham , concerning those armes borne now by the honorable familie of the cecils ; the coate was challenged by sitsilt , but worne by faukenham ; they began the fight , but it was soone determined by the king. finis . notes, typically marginal, from the original text notes for div a68036-e410 generall principles are not to be gainsaid , but particularities are subiect to argumentation . antient courses to find out facts , which could not be proued by an ordinary way . vnlawfull waies vsed for that purpose . lotts . duel . lawes haue enacted wciked things . the ghosts of the deceased sieurs, de villemor, and de fontaines a most necessarie discourse of duells: wherein is shewed the meanes to roote them out quite. with the discourse of valour. by the sieur de chevalier. to the king. the third edition reviewed, corrected, and augmented in french, and translated by tho. heigham, esquire. ombres des défuncts sieurs de villemor et de fontaines. english chevalier, guillaume de, ca. 1564-ca. 1620. 1624 approx. 198 kb of xml-encoded text transcribed from 86 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a18601 stc 5129 estc s107802 99843497 99843497 8236 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a18601) transcribed from: (early english books online ; image set 8236) images scanned from microfilm: (early english books, 1475-1640 ; 1132:09) the ghosts of the deceased sieurs, de villemor, and de fontaines a most necessarie discourse of duells: wherein is shewed the meanes to roote them out quite. with the discourse of valour. by the sieur de chevalier. to the king. the third edition reviewed, corrected, and augmented in french, and translated by tho. heigham, esquire. ombres des défuncts sieurs de villemor et de fontaines. english chevalier, guillaume de, ca. 1564-ca. 1620. heigham, thomas. [16], 151, [1] p. printed by cantrell legge, printer to the vniuersitie of cambridge, [cambridge] : 1624. a translation of: les ombres des défuncts sieurs de villemor et de fontaines. the first leaf is blank. "a discourse of valour" has separate dated title page; pagination and register are continuous. with an errata slip. reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large 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subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dueling -early works to 1800. courage -early works to 1800. 2006-07 tcp assigned for keying and markup 2006-07 apex covantage keyed and coded from proquest page images 2006-08 jonathan blaney sampled and proofread 2006-08 jonathan blaney text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the ghosts of the deceased sievrs , de villemor , and de fontaines . a most necessarie discourse of dvells : wherein is shewed the meanes to roote them out quite . with the discovrse of valovr . by the sieur de chevalier . to the king . the third , edition reviewed , corrected , and augmented in french , and translated by tho. heigham , esquire . printed by cantrell legge , printer to the vniuersitie of cambridge . 1624. to my thrice-honovred kinsmen , the two worthy knights , sir william harvy , of ickworth . and sir edvvard svlyard , of 6hauley . noble knights : when i had read ouer this discourse , and waighed the sincerity of the author , and how iustly in taxing his owne country , he hath laid open the errours of ours ; and not onely searched the bottome of our corruptions , but prescribed a dyet and a remedy , both to preuent and cure their contagions . and seeing how custome and euill example hath misled all sorts , euen of the most peaceable natures , to such impatience , that almost euery man thinkes himselfe out of fashion , if he be not incompatible ; i thought i could not better employ my idle houres for the generall good , then to make this directory of honour and well-liuing , a free-denizon , and to speake our countrey dialect . if i vndergoe the censure of a foole in print , i care not , my intent is honest : i tooke the paines partly to please my selfe , and to auoid worse occupations : and i am sure that all vertuous and good dispositions will make true vse of it . for the rest , none can wish them more good , then they will worke themselues hurt . now hoping ( my most entirely honoured knights ) that you are both of this first , and best ranke ; as also true votaries to all other noblenesse of mind , i thought it fitting in many respects , to addresse it to you : and among other good causes , for that you are both linguists , and can iudge of my indeauours ; you are in an age , and of an age , fitting to run or be throwne vpon these disastrous rockes : you liue at ease , with plenty and pleasure , which may produce effects of hot blood . be pleased to behold from the port of your felicities , the stormes , shipwracks , torments , and precipitations of them , that had more false courage then good conscience ; and i doubt not , but it will make you both good husbands of your honours , liues , and soules : which i thought my selfe obliged to aduertise you of , as a testimony of the seruiceable and sincere good wishes of your most affectionate kinsman and seruant , thomas heigham . to the generous and wel-disposed reader . gentle reader , the greatest commaund or soueraigntie that a man can haue , is to be monarch of his owne minde : and he that is not so , runs from errour to obstinacie , to ruine , and to destruction . this author hath not done like him , who seeing his friends house on a fire ; because he would not be the messenger of euill newes , let the house burne downe : but doth ( as you may see ) ingenuously and ingeniously , piously and passionately ( without feare or flattery ) reprooue and instruct both the king and nobilitie . by which also all that are wise , and honest , and haue any propension to gaine this power ouer themselues , may attaine vnto it , by learning ( in this booke ) what true honour , valour , magnanimity , and martyrdome is . you may perceiue that ignorance , enuy , pride , and ambition , which are all off-springs of idlenes , were the absolute motiues to all these murthers . and some will thinke that god , by the kings bloody ende , did shew his anger against him for his remisnesse in these preuentions . giue me leaue then , out of my affection to all that would doe well , to admonish them to shunne by all meanes , this deuouring monster idlenesse , so odious to god and good men . it was one of the sinnes of sodome , it is the mother and nurse of all sinnes and iniquities . no man can expresse the infinite mischiefes that it hath produced . but because i thinke , the false opinions of many ( who hold all employments vnworthy a gentleman , but gaming , and sporting ) doe much hurt , i will set you downe examples , and reasons to the contrary . i haue read of a noble-man , that did so much hate idlenes , that when he had nothing to doe of greater moment , he would make butchers-pricks , saying , they might happily be vsefull to some ; at the least ( saith he ) they will in the making with-draw me from vain thoughts , idle words , and wicked actions . there was a baron of this realme , a very excellent gold-smith : my selfe haue scene a faire siluer standish of his making . a knight i knew of an auncient family , that made it his daily exercise to make nets . some worthy gentlemen there are , that are excellent painters , some grauers , some perfumers , and the like : all expressing generous spirits , and diuine dispositions . for the soule of man is alwaies in action , still imagining or contriuing good or euill ; and euery action that is honest is profitable and laudable , and farre from basenes or dishonour . there is no man so noble or free borne , but ought to doe somewhat to the seruice of god , his prince , or countrey ; and he that can make that his pastime , pleasure , and delight , is infinitely more blessed then other men . these considerations did pricke me forward to translate this booke , who being not bred , nor aduanced to any vocation of doing good , nor naturally inclined to the faculties aboue mentioned , or the like ; did thinke this my best remedie against that contagious disease of idlenesse . it may be , that critticks as wel as christians will reade this booke , and as they doe the holiest bookes of all , will deride and traduce both that and the author : but salomon saith , it is no sinne , but a glory for a man to suffer iniurie , and that such are to be answered with silence . i doe publish it for the good of others , to serue as a pilot to conduct honest men with honour , and safety to their iourneyes end ; as also vpon the importunitie of some especiall friends of mine . and if i may find that it doth passe with good acceptance , i shall bee encouraged to make further triall hereafter . if not , i will make my future endeauours onely to content my selfe , and remaine your wel-wishing friend , tho. heigham . ❧ to my lord de svlly , duke and peere of france , &c. my lord , this treatise of duells , is not dedicated to your fortune , but to yourvertue , which is the principall cause thereof . the most part doe runne after prosperitie , i am none of the great number . my eies are onely set vpon your rare merit , by which you shine , by which you gouerne . it is accompanied with felicitie , and fauour . for this regard , the present discourse ( made for the publique ) hath neede of your fortune : seeing that the king testifieth so expressely , that he esteemeth your prudence and probity ( ornaments so knowne , so admired ) you may make it of validity . your humour is wholly carried thereunto , by the knowledge , by the sensible apprehension of so great a mischiefe . it shall be a christian worke , worthy of your zeale to the seruice of his maiestie , and good of the estate . you shall anew oblige france , doe not frustrate it ( if it please you ) of the helpe which it expecteth from your vertue in so faire an occasion . you are inuited thereunto , a man may say obliged , seeing that you are one of the eyes of our great monarch : you shall get honour in this affaire . faire actions ought to bee produced without designe of glorie in time to come : but in doing for the common good , it is not vnlawfull to encrease the reputation of his name . let your excellent spirit iudge if this action which is hoped for , will not be a reliefe of all the others , whereof france hath had a true feeling . whereupon i remaine my lord , your most humble , and most obedient seruant , chevalier . to the nobility of france . it is long since this discourse of duells was made . the publication hath been hindred for important causes : they cease now , and here it is come into the light . one of the occasions that brought it forth , was the death of two gentlemen of the court , who were killed in single combate , the 3. of ianuary 1602. that rauished me with impatience to this worke . they were both full of merit , of honour , of reputation . i lamented their losse , especially of sieur de villemor , whom i knew , whom i honoured for his vertue . hee feared god , was courteous , wise , charitable , adorned with all christian vertues , especially with those , which are altogether repugnant to the last act of his life . the occasion of their quarrell was feeble , and very little sutable to so many faire qualities , as all those of this time be . their ruine is to be lamented , it is deplorable , the commonwealth hath lost thereby . they were able to doe a great seruice by their valour , whereof they had rendred so many good testimonies , in iust occasions . their courage was worthy to haue been reserued to some better seruice , then that which rooted them vp . now my intention in this worke is altogether christian , without ostentation , without vanity . the end propounded is , that it may serue . it is indifferent to me whether it be pleasing or not : that is not my reach . if it be profitable to france it will be an vnspeakeable contentment vnto me , it is my onely desire . it was made for you . i speake vnto you with all freenesse . this shall testifie my zeale , and my affection , to your good . receiue it with a good heart , if you thinke good : i doe not regard your tast which is sicke , but your profit . there is nothing in all the world , for this regard , so rash , so blinded , so transported , as the nobility of france . hee that doth not know it , let him come see here the picture . the designe , is the ruine of soule , body , and goods : the action is inconsiderate ambition : the proportions impatience : the lineaments rashnesse : the shadowes false iudgement : the shortnings presumption : the liuely colours doe shine by furie , and by despaire . take heede of it , none haue so much hurt by it , as you : if you know it not , i aduertise you of it . they doe in euery place deride your frensies . they which haue charges and gouernements are protected , and play the romanes with your furies , doe as they doe , be wise : they fight not , and yet haue neuer the lesse courage . if you thinke to receiue honour thereby , to be the sooner dukes , and peeres , officers of the crowne , knights du st esprit , embassadours , or gouernours of places . i tell you that you are very farre from your accompt ; you know not why you runne so lightly to death . at what good leisure you are , to precipitate your selues to so many mischeifes , without receiuing any aduantage , honour , or profit thereby : either death , the ruine of your houses , or a perpetuall quarrell , be the ordinary fruites which hang ouer your heads . there is all the glory you haue thereby : see if you bee not in great heate : though you bee not ashamed of your rages , at the least pity the losse of your soules , you cannot doe better . to conclude , imitate them which doe not fight , you shall bee the more perfect . god be with you . to the reader . courteous reader , there are some faults escaped this 〈◊〉 booke ; thou art not to impute the cause thereof to 〈◊〉 author , whose care and diligence both in translating 〈◊〉 writing may iustly deserue commendations ; but rather 〈◊〉 the negligence in reading and correcting , the printe●… that time beeing drawne away by vrgent occasions fr●● his more vsuall diligence . thus hoping thy loue will me these faults as thou meetest with them in reading , i 〈◊〉 pag. 11. lin . i. it is lost put out it . p. 17. l. 4. for parevine read poite●● 〈◊〉 l. 24. for prickings read pricking . p. 29. l. 19. for fare read faire . ●… l. 2 ●… . for his read this . p. 32. l. 12. for garden read great garden . p. 35. l. for duely read daily . p. 39. l. 18. for whose fraile read who is fraile . p. 41. for haue read haue had . p. 48 l. 25. for mention of read mention made of . ●… l. 19. for none at all read not any . ibid. i 22. for geate read go●…t . p. 54. l. ●… and read that ibid. l. 16. for heart and read heart , into . p. 58 l. 20. for co●…read courages . p. 68. l. 10. for the read his . ibid. l 14. for is damnable read damnable . p. 72. l. 15. for laire read fairer . ibid. l. 27. for a throug read the th●… p. 73. l. 4. for would read should . p. 7●… . l. 23. put out the. p. 81. l. 3. for him read thinking . p. 94. l. 20. for phillip read fillip . p. 118 l. 8. for workeman workewoman . p. 120. l. 2. for to their read to all their . p. 122 l. 13. for a serable read the miserable . ibid for irresotions read irresolutions . p. 12 ●… . for this the hand read this hath the hand . p. 124. l. ●… . for and contempt read the contempt . p. 126. l. 15. for inuite read inuitehim . p 127. l. 17 for euill euills . p 123. l 20. for pleasure read pleasures . ibid l. 23. for oues read ●… p. 129. l. 27. for be cleare read be the cleate . p. 136. l. 8. for toyling read●…iings ●…iings . p. 1 38. l. 8. for her lustice read her iudgement . iustice . p. 143. l. 23 belonging read belongeth . p. 147. l. 11. for daaw read draw . p. 149. l. 5 they like read they likeit . the ghosts of villemor and fontaines . to the king . wonder of the world , mars of christendome , great monarch , whose invincible heart neuer found equall , whose arme is a thunder-bolt , his diligence lightnings , his high deedes thunder-cracks ; that thunder , which astonish fortune ; you will haue no apprehension of our shadowes , seeing you neuer had any of death it selfe , amidst the horrour , the terrour of armes ; amongst the sulphure , the most thicke smoakes of canons and harquebuzes : these obscure apparances , and these dimensions confusedly dilated , will bring you no feare . this is the second time that we doe appeare ; hauing quitted our repose to come to procure yours , and by the meanes of our particular harmes , to represent those of france in generall for this subiect . you are a king , the light of kings ; an excellent title , a holy title . seeing that kings be the liuely images of the greatnes of god , and that truth ( an incorruptible virgin ) ought to be their eldest daughter ; we doe promise our selues that your maiestie ( who haue alwaies entirely cherished it , and who in that condition , and a thousand others , haue made your selfe admirable ) will not reiect it . giue then ( if it please you ) some time from your employments to our holy remonstrances , to our aduise , to our plaints , for the common safetie . permit vs to speake truely , you are obliged thereunto , by this faire qualitie of king , and by magnanimity , the capitall enemie of vntruth . the subiect is of the most important and most notable of the realme , but yet which regards that , more properly then all the rest . your maiestie giues euery day pardons for murthers committed in duell . if wee did respire againe in mortall bodies , wee would craue one of you , which without doubt you would iudge equitable , that is , to pardon vs , speaking freely thereupon . it is a libertie not insolent , animated onely with zeale to the good of the state , and whose motions , doe carry nothing but obedience and iustice . in the time of tiberius , they held their finger on their mouthes : but augustus permitted them to tell him his faults . hee thanked the censors , did them good , and which is more , he corrected himselfe . this crowne hath had no tiberiusses , but many augustusses . hee which hath begunne to make the most magnanimious branch of bourbon to waxe greene , and flourish , will succeed as well in goodnesse , and iustice , as in the scepter . a man cannot speake more mildely of so great a mischiefe . some haue said of old , that kings must haue words of silke : but in this matter there must bee words of gall , of wormewood , tart , pricking . and what can be said too sharpely , too boldly thereupon . euery one knowes , that your maiestie hath found this miserable disorder of duells , and haue gone about to remedie it by holy ordinances , as your maiesties predecessors henry 2. charles the 9. henry 3. haue done . euery one knowes how your maiestie is displeased at it : euery one knowes that this violence is produced by the libertie which so long , and so wofull ciuill wars ( as haue been these forty yeares in this kingdome ) hath brought , which haue been spunges sucking all sorts of confusions , especially in these last times , the very sinke of times past , and of all humane malice . so wee doe assure our selues , that your maiestie will take in good part what wee shall present vnto you in this behalfe , seeing that your maiestie doth desire withall your affection and power to redresse it . sir , when any man offends you , he is accused of high treason , and presently punished , and there is nothing more reasonable . if any prince of your realme , or stranger , would be so presumptuous to giue pardons , he had need bee stronger to vsurpe that iurisdiction vpon your maiestie , and so hee should be a tyrant . if he were weaker hee would be mocked . yet that is not all , hee should be rigorously punished for it . you would bee loath , neither were it iust , that any should encroach vpon your authoritie : why ? because you are the image of god , that doth represent his greatnes and iustice . the symmetries of his image , and of his principall type , ought to be obserued . in the meane time , you giue pardons against the law of god , and man : against the diuine law , for the commandements doe expressely forbid them ; against the humane law , for as much as it cuts the knot of publike societie , and is quite contrary to the order of all the estates of christendome . wee speake that , which your magistrates , your confessors , and all the pillers of the catholique — romish — church , are bound especially to admonish you of . it is for your seruice , it is for the common good , it is for the safetie of your soule . pardon , great king , giue vs leaue ( if it be your pleasure ) to tell you , your pardons are grounded neither vpon reason , example , nor authoritie . vpon reason not at all ; nay on the contrary , they doe destroy , and demolish the magnificent edifice , built by diuine iustice , in all her proportions and dimensions . vpon example ? in no wise : for no kingdomes , no common-wealths , doe suffer these bloody and horrible acts , fitter for the most barbarous heathen , then for them that vaunt themselues to be the most christian christians . vpon authoritie ? no : all the ciuill and canonicall lawes are directly repugnant thereunto ; and these were established for the common good . let vs looke into the profit of this spirituall madnesse . let vs enquire of experience what commoditie comes of it to the common-weale . so many houses desolated , wholly ruinated ; so many widowes , so many orphanes , so many sutes , so many quarrels , or rather an eternitie of quarrels . these are the fruites of this mortall tree , most bitter fruits , and a lamentable tree , which groweth continually by his losse , flourisheth in his winter , and whose greennesse will drie vp his rootes . there is not almost any house in france , where this marke of the wrath of god is not read in great characters , in characters of blood . nothing but teares , mournefull lights , sighes and tombes . in what time ? euen when all the kingdome els are at quiet . in what age ? euen in the most flourishing age of life . for what subiect ? for false imaginations , for fantasies . euery thing is sufficient to make these quarrellers goe into the field , be the occasion great or small . they be like the naphta of babylon , which takes fire as farre off as it is presented . they haue their hearts and spirits full of blood . for a glasse of water , for gloues , for silke stockins , for a feather , for a crabbed looke , for a thing of nothing , they are ready to cut throats . they which haue receiued great hurts , are mooued vpon the least change of the time : and these wretches bee prouoked by the least occasion , to go loose their bodies and soules , not knowing how , nor why . doe they not goe about to kill one another , for that which is not yet in nature , and which they as little know as the day of iudgement ? it is an exorbitant frensie . whosoeuer would consider all , should enter into a profound depth ; one folly hath so begotten others , what vanitie , what presumption , what brabling language , what brauadoes of ostentation ? wherefore is all this good ? the words are foolish , and the effects prodigious , we are ashamed to speake it . there haue been some , who hauing their enemie vnder them , haue held their weapon at their throat , and with execrable blasphemies , bidding them pray to god , haue therewithall killed them : what christian vertue is this ? call you this gentilitie ? count you this to be aboue the common sort ? the most eager are lost by these light occasions , many times the most valiant , and almost at all times , the most happy , and most at hearts ease . what pitty ? what desolation is this ? after so much care had to bring them vp , euen when they beginne to know the light , and then become more worthy , beeing made fit to serue their prince and countrey , they root themselues out from the breast thereof , rashly , cruelly , detestably . men dare marry no more , and they which haue children , will not vouchsafe to bring them vp carefully as they were wont , to make them capable to serue you . they dare send them no more to your court , that is the scylla and charybdis , where they perish miserably ; the altar where they be sacrificed continually ; the mournefull schoole , where they find death , instead of learning ability to defend the life of the prince , for the maintenance of the estate . france soyled with the blood of her owne children a furious parricide , all horrible with wounds crieth out , casteth her selfe at your feet , tearing her haire , and craues mercy of you : will you deny it to your subiects , to your seruants , hauing been so franke of it to your enemies ? then are you well grounded , sir : the pardons which your maiestie doth so often giue , or to speake more properly , which are snatched from you by such importunitie , bee against the lawes of god and men ; against the vniuersall order of kingdomes and common-weales . wee say so often , and not without cause , that is too well knowne . wee will adde in so great a quantitie : for in one day onely in the voyage of savoy , your maiestie dispatched sixscore , which is monstrous . it is not simply to tollerate the euill , but to approoue , nourish , and command it . all diuines with a generall accord , and consent , doe say , that they which die in these miserable combates are damned : a fearefull sentence , and yet true . your selfe doe say , sir , and promise that you will make lawes ; you doe make them , and renew the old ones ; but to what end serue they , if they be not obserued ? there be many springs which play vpon this worke , many that haue the honour to approach your maiesty , doe detest quarrells in word , and afterwards oftentimes are the cause of them , taxing them that they doe thinke are not valiant ( we say are valiant ) for these follies , for these friensies , extreame friensies . is there any thing so ridiculous as the subiect of quarrells ? but alas ! there is nothing so deplorable as their euents . here is a strange mistery . this iniustice is acknowledged , and condemned of the most part , and yet if a gentleman doe not go to duel , he is despised , he is reproached . if he goes , and escapes the iron , he falls vpon the penne , he must passe through iustice . what a perplexitie is this ? what shall become of this miserable man ? he hath cut off one head , and out of that arised seauen others . such a man is much troubled . there is yet more , and that is , that although they know your maiestie will take order for it , and doe make edicts , yet the report runnes , that your maiestie doe blame them which doe not fight . this is it , that prickes most . the iudgements of kings be oracles , they excite the furics of orestes ; no patience but it is lost , no consideration retained . what is all this ? light and darkenesse , hot and cold . the mischeife is , that vpon the rocks of these contrarieties , many doe rush , and are miserably lost . there is not any in the world , that knowes what honour , and valour is , like you , sir ; none , that makes them better vnderstood , better tasted by discourse , not any that for his owne particular , hath so well practised them , nor so exactly obserued , and so diligently and gloriously acquired the first ranke ; and none that makes them lesse obserued , and practised by others in these times . you must of necessitie know the efficient cause of so many disasters . and this it is ; the two rare peices , so exquisite and so precious whereof we come to speake , honour , and valour . by the one your nobility will get the other , which beeing euill vnderstood , doth bring so much desolation , by the meanes of valour so ill knowne , and so brutishly practised . all the world knowes , that the number of your trophies , doe exceed the number of your years . they are excellent tokens of the greatnes of your courage , which hath made you put downe the statues of caesar by so many great exploites . there is nothing that your maiesty can better vnderstand , then these two points , whereof it hath rendred so famous testimonies , & such extraordinary proofes . it belongs then to your maiesty to reforme the disorder caused by them , since it knowes them so perfectly . you haue both will and power , the one from your clemencie and iustice , the other from your authoritie . your maiestie is mooued thereunto by the knowledge of these iniust acts , inuited , pressed , and as it were reproached by these fit subiects . your inimitable clemencie , hath produced inimitable effects : but who doubts of that , which hath made you the most famous prince of the world , and of that which hath saued this estate , hauing made you expose your life , so often , and so freely , for the conseruation thereof . in the meane time here is a bloody disorder , which continueth and encreaseth daily . by dispersing these clouds which will obscure the brightnesse of your glory , bought with so many hazardes , you shall conserue and augment that which you haue worthily gained . the continuance , and perseuerance , in doing well , be the sinewes , and reflexions of reputation . it is that which mooues it , it is that which encreaseth it . and the tombe onely ought to bee the last line of vertuous actions : what can be imagined more exquisite , more triumphant ? let vs see the errour of men of this time : rashnes put on by all the most brutish passions , concupiscence , vanity , pride , reuenge , enuic , and other furies , naturall to men , they call courage ; these are the lime , and sand , but the workeman , and subtill architect is the euill spirit . that this is true , doe but consider that euen they , who hardly doe beleeue a paradise , who are so well pleased in the world , not knowing any other , and haue such occasion to abide in it , doe cast away themselues without cause , against their owne knowledge , against their iudgement , depriuing themselues of the world , with the blindnesses whereof , they are strooke as with the falling sicknes . and how ? by a loose vanity , by friuolous considerations , without reason , without foundation . it is a high secret : we must returne to that which we haue said , that it is the euill spirit which forgeth all these miseries . doe we not also see , these killers early , or late , end their dayes with a violent death ? blood is in the ende expiated by blood , sinne punished by the same sinne . it is strange , that making the delights of the earth their heauen , respiring nothing but all sorts of pleasures , not testifying in their fashions , in their speach , in their effects , any apprehension of the estate of soules after this fraile life ( we say the most part ) are notwithstanding so forward , so resolute , to hazard that which they hold so deare . but if they doe beleeue a more happy life , after this mortall , iudge what their end is , what their iudgement , to quit their part thereof , so without purpose . some say , there is great cunning among these people , that they make subtill shewes , but it falls out commonly that they are countermined by a iust iudgement of god. let a man well and wisely weigh the quarrells of these times , he shall see that pride and vanity , are the two great supporters thereof . are not these excellent markes of a magnanimious courage ? the most part doe avowe , that that which they doe , is to aduantage themselues at an other mans cost : a weaknes of iudgement ; for if they whom they offend be not in reputation , there is no glory . if they be naughty fellowes ( as they say ) a man incurres a danger to continue in it . after death there is no more speach of that action ; if a man liues , the aduantage is not very great , as we will shew hereafter . they are of opinion , that if they escape they shall be in better estimation with the prince , and with all others . this false imagination , is one of the mortall poysons which venometh , which bewitcheth their soules , and rauisheth them to this despaire . here is a wonderfull consideration : vanitie blindeth them , and carrieth them to iniustice , feeding them most daintily with a hot throat : this is vanity indeed . if the prince in the most noble assemblies would blame and despise them , they would stay the torrent of their follies : but it happens , that in the presence of him , and others of the greatest , they praise such actions , tell stories of them , they extoll them , with applause , with admiration . see , say they , how handsomely he hath challenged him , how freely the other iumped with him , and being hindred , after they had giuen their faith not to fight ( an heroicall prowesse ) see how gallantly they broke it , to goe peirce their carkasses with ioy of heart , without any occasion of quarrell ; so they do magnifie a thousand wayes a beastly barbarisme , baptizing it with the most specious names of vertue . it is a winde that soundeth within these empty heads , and fils them with false imaginations , which takes away their wits . to be esteemed of the soueraigne prince , and of the great ones , is a charming flash of lightening which doth penetrate their soules . it is a magicke which surpasseth all the characters of the cabalists , which dazeleth and decayeth their eyes , and iudgements , and teareth a man violently from himselfe . we haue called these effects despaire , and not greatnes of courage . what will you say of them which do hang themselues , precipitate themselues , poyson themselues , runne themselues through with a rapier , starue themselues ? doe they it not in despight of death ? it cannot be denied , some will answer , that all this , is imbecillity , blindnesse , rage , because the punishment doth not make the martyr , but the cause of the punishment . it is well said , what difference put you betweene those desperate men , and the others which kill one another without iust cause ? you cannot find any in the least appearance . that it is a rage , proceeding from feeblenes of iudgement ; it may be prooued by a thousand arguments , and especially by the combate of two new pateuine amazones , who sixe or seauen yeares since , did fight in a list or place railed in for a combate : oh what an vnnaturall accident ? it should bee the crysis of quarrels of this time ; crysis sent from heauen , if france would make it selfe worthy of such a blessing . this history is a shame for both sexes ; but it is a discourse by it selfe . if it be courage , it is very common , beeing practised by imbecilitie it selfe : if desperation , it is come by example , and that example is reprooueable and punishable . yet there are found amongst the iewes , the egyptians , the persians , the greekes , the romanes , and the french , women of qualitie generous , bred aboue the infirmitie of the sex , equall to men , by the fauour of nature , and of nourture . but to shew how vile and abiect this desperate action is , it is knowne that base porters haue been in the field , with the same ceremonies , vsing like curtesie as they do , that thinke themselues samsons . this doth much extenuate the glory of these actions , which the ignorant doe so vnworthily exalt . the lord de la noue , in one of his discourses , blames amadis for decyphering with a loftie , and as it were a magicke style , a false valour , and chymera's of valour . and some which bee neere your maiestie , and elsewhere , doe put forward ( vpon this matter ) things more extravagant and fantasticall , then the tales of melusina , and of the roman of the rose . in the meane time , all the dispersion falls vpon the nobilitie , which is the basis of the estate . your maiestie , by your excellent vertue haue saued your kingdome , raised it again , and remitted it by the very same : and now that it is in the harbour , your maiestie lets them suffer shipwracke , who haue helped your invincible courage to take land . all the rest of the kingdome doe enioy the benefit of peace euen to the beasts : it is one of the praises that strangers doe giue , with admiration to your maiesties vertue and fortune : and the nobilitie , who haue so great a share in so faire a conquest , ( at least the greatest number ) are onely depriued of this good , couered with blood , enwrapped in a warre more then ciuill , or rather in many intestine warres . there is more mischiefe and iniustice in these combates , then in ciuill warres . because that in ciuill warres , they flie , they saue themselues , they retire into the forts : in the other , to shunne occasions is cowardize , to seeke out the least is extraordinary honour . all is open , all is sure , to them that say , they beare not a word but like a caualier . that which is done most commonly in ciuill warres by chance , is done in these combates of set purpose : likewise the ruine thereby is almost alwayes ineuitable . ciuill warres be against enemies , the other against friends , neighbours , neere kinsfolkes , brothers . in briefe , in ciuill warres there is alwaies some honour for the particular ; some profit for the generall : in the other , there is neither honour nor profit , for one or other . when there bee any quarrells , all the world runnes to hinder the mischiefe , the king is disquieted with it , his guard are much troubled . what is all this ? it is a very stage-play : for to hinder all these furies , there needes no more but an edict well obserued . to say that they doe but counterfeit to hinder them , is against experience . to say likewise that the king doth not desire it , is repugnant to his good nature . what is it then ? a sencelesnesse , a madnes , which hath seized , and transported the frenchmen . a sencelesnesse , not to be mooued by the consequence of these follies : a madnes , to follow with so much furie that lamentable way of miserie . from whence comes so great a disaster ? from pardons , without which all the world iudgeth that this wild-fire would soone be extinguished . the birth of these monsters , and their increase , bee from the exquisite workes of flatterers , which hauing finely slid , and as it were melted themselues into the soules of kings , since henry the 2. haue perswaded them , that it is a marke of soueraigntie to giue pardons . it is so without doubt , but they must be conformable to the iustice of god , who hath established lawes therein , as is seene by the townes of refuge , which were aunciently amongst the israelites ; which were for accidents proceeding of ignorance , chance-medley , and other notable circumstances ; following which , all soueraigne princes may iustly , and with good conscience giue life . but for the pardons which are forged now a dayes , there can bee found no example , either in holy bookes , or in prophane . but if they take that for a marke of soueraigntie , the assyrian monarchs , persians , greekes , and romanes , were by that reckoning no soueraignes . the kings of england , of spaine , swede , denmarke , &c. be then no soueraignes ; they haue for all that the markes of soueraigntie common with our kings . to giue letters of nobilitie , of naturalitie , to mint money , to create new estates , to confirme them , to leuie impositions , &c. bee not these faire markes , and well raised ? there is no speach of giuing pardons of this qualitie . it followeth , that soueraigntie is not founded vpon that . what is then her foundation ? that the soueraigne doe depend vpon god onely , and not to acknowledge any man liuing for his superiour . so he is inferiour to god onely . but how say you to this , sir ? he doth absolutely forbid that , which you permit . god will be angry : we speake it for the health of your soule . and ( if wee did conuerse still among men , wee would beseech you , with knees to the ground , to waigh these words ) if you take not a better order , god will be angry . wee will not speake of strangers from spaine , italie , almanie , england , poland , denmarke , who hold the french for mad-men , and possessed with deuills ; and doe speake of the kings of france , ( for this occasion very strangely ) and which is worse , with too great truth . we alleadge onely your auncestours clouis , charlemagne , sr. louis , and so many other excellent princes . a man shall not finde , that they haue permitted these combates of the nobilitie so ill grounded . and if they haue permitted them , it hath been twice , or thrice , in a thousand yeares , and for very important considerations , onely capable of offence , and to make a distinction of great and small things . the subiect touched , 1. the honour of god. 2. the honour and seruice of the prince , and consequently of the commonwealth . 3. the honour , the conscience , and the life of euery particular man. it was also a gordion knot , a quarrell without any meanes of attonement , and a mischiefe without any remedie but extremitie , which ariueth very sieldome : for there is not almost any offence , but may be reconciled . these principall points are so pertinently deduced , by a discourse intituled , of quarrels , and of honour , that the author deserueth much glory thereby , as a man that hath set downe the true , and solide foundations of honour . if they say , that it is an inueterate furie , because that quarrells haue honour for their foundation : we answer first of all , that vntill king francis the 1. they knew not what quarrells were , in the manner vsed now adaies ; and that france before that time , was all heaped with honour , bowed vnder the burthen of glorious victories gotten vpon strangers ; when as there was no speach at all , of this mortall contagion , nor any imagination thereof . it had as many magnificent trophies , as captaines ; as many triumphant palmes as gentlemen ; and as many crownes of oake , as simple souldiers ; we will marke onely one of those times . when charles the 8. as a winde , a torrent , a thunder , tempestious , furious , pierceing ; ouerthrew , spoiled , vanquished italy , with so great and fearefull a swiftnes ; was there in all the earth a nobility like to the french ? was there any thing so generous ? so vertuous ? and then there was no speach of duell . we forbeare to speake of all the other ages past , which haue had valiant men , demy-gods , so renowned , so redoubted , through all the world , who neuer knew this folly . secondly , we say , let there be meanes found to tie vp fooles , and desperate men . there hath beene no fault but in your moderne predecessors ; there will be no fault but in your maiestie : you haue the cables , and the chaines to stay these frantickes : and how ? we haue already told you , not to giue any more pardons . yet that is not all . you must make known , and publish throughout the realme your maiesties intention : make a solemne oath before god , neuer to giue any , vnlesse they be conformable to the lawes of god , as we haue remarked ; and let it be a perpetuall edict irreuocable , and another law salicke for your successors . there is yet more , and that is the knot of the matter . it must be made knowne wherein true honour doth consist , and lawes established therein , and that they which shall violate them be punished , without remission , without exception . beleeue , it will be very easie to stay the most ticklish ; or to speake better , the most hairebraind . others will be bridled by apprehension of the confiscations , and mulcts , which waighes them so downe , that they be constrained to say , that they which die in duell , are in better case then the vanquishers . it is a cadmean victory , a lamentable victory , lamentable for all christendome ; a fearefull marke of the anger of god , and an infallible presage of his vengeances neare at hand . there are not any , how euill soeuer they be , but would be very well content , that there were lawes for the point of honour ; and that there might be no cutting of throates continually for a flies foote . they dare not speake for feare to be reputed cowards , or that they are prouident for themselues ; they incline to the corruption of the time : notwithstanding not any of good iudgement , and truely generous doe esteeme , or feare them the more . it is iustly a worthy recompence for hypocrites , and euill christians . surely , we must particularly cull out , what honour is , seeing it is the spring of so many mischeifes . amongst a hundred that fight for this faire quality , there will not be found two that know what it is . an argument of their ignorance , and beastlines , a worthy basis of such a pillar . they are killed they know not why . we say then that honour is a quality raised vp , attributed to persons according to the knowledge that is had of their merit . place is giuen to authority , and to few , merit to all sorts of persons that haue it . honour is enclosed ( as we haue said ) with these sowre tearms ; god , the soueraigne prince , the countrey , and vertue : all the rest is but smoake . let vs see , if in the duells which be so ordinary in france , we can finde these fowre lights , which should conduct the actions of men . there is not one of them . for the three first it is most euident , that such actions are wholly repugnant thereunto : god is thereby grieuously offended ; the prince looseth his subiects ; the countrey her children . let vs examine vertue by her kindes , it may be we shall finde it there . is prudence there ? not at all : hath it beene her custome to cast men into infinite mischeifes ? is temperance there ? in no sort : cannot she suffer the least prickings , nor command passion ? iustice will not be found there ; is it not iniustice to take away another mans goods ? to take away his life , is it not infinitely more ? magnanimity , and greatnes of courage is in no sort there . is not that voluntary , with knowledge , for a good cause for a iust ende ? neuerthelesse there is not any , how grosse , and brutish soeuer , but would haue vs beleeue , that in these actions there is vertue , at the least the vertue of magnanimity . we haue shewed the contrary , and will prooue it by and by , more amply . in generall tearmes we maintaine , that in these vnworthy actions there is not any vertue ; and doe prooue it by an infallible argument . and that is , that vertuous actions be worthy of praise and recompence , and haue no need of pardons . oh! ambitious , that slay your selues not knowing why : let vs make a dissection of honour : you dare not deny but it is acquired by vertue : and that it is her flowers , fruits , and creature . in these duells there is not so much as one sparkle of vertue , consequently no honour : notwithstanding let vs graunt to the greife of these sicke minded , that there is honour . you say , that you gaine it by perill , that hauing nothing ordinary , you carry away this aduantage aboue the common sort . you are very hot . there be a hundred thousand souldiers in france that be not knowne , and of whom there is no talke , who haue been at it , and are still in a readinesse to goe to it : so this honour is very common . if you say it is their miserable condition , or rashnes , that makes them scorne the perill : they will answer you , that it is ambition , pride , enuie , reuenge , and other blind passions that transports you . by consequence , it is not a vertuous action , which is alwayes voluntary , and is her selfe , her owne center , and circumference . we will enforce this matter no further , least we recite that which hath beene treated of , by a discourse of valour , made by the author of the ghosts , it is worthy to be scene : we onely represent vnto you , that you doe altogether abuse your selues , to place courage in so high a degree , ( we say , that brutish impatient courage , which distinguisheth not , which suffereth nothing ) seeing it is common with beasts . but prudence , iustice , and the other diuine vertues which be absolutely necessary , be proper to none but to men , which doc surpasse the common sort . true it is , that this courage , ruled , and limited by the knowledge , and reason , which makes perill despised , is infinitely more rare , then the quarrells be ordinary . for one more familiar and sensible proofe that these combates be no effects of vertue , we must consider , that a man neuer comes by these meanes to great charges . though a man hath fought an hundred times in single combate , he shall be neuer the sooner marshall of france , or great master of the artillerie . the degrees to mount to the holy temple of honour , be these . to be faithfull to the prince , zealous to the common weale , and for that to hazard ones selfe , vpon all iust occasions to present his life to a breach , to a battell , to an enterprise ; to shew his good iudgement , his prudence , his diligence , his vigilance , and to haue no other end , but this magnificent ambition , to doe well . it is this that makes a man worthy of fare and great charges . this is a maiesticall-golden-building , raysed with all his symmetries , which doth dazle , ouercome , deiect , the eies , the forces , the darts of enuie , time , and death . whatsoeuer be more then these , doe proceed of euill humours , that remaine of the disorder of ciuill warres , as from a mischieuous quartane ague , which hath so long shaken his estate . this short breath yet remaines of it , this dulnesse is a remainder of the shaking . the conclusion of all this discourse is , that there is neither pleasure , nor honour , nor profit , in these so euill founded combates . alas ! what is the cause that the sauage plants be not rooted vp . when a man seeth one toyle much , hee iudgeth presently , that it is for some profit , and for a good end . the nobilitie of france casts it selfe out of the windowes , pierceth the walls , swimmeth ouer riuers , violateth her faith giuen , and breakes her guards , without respect of the royall authoritie . if a man aske why : it will be said , it is to loose her goods , her life , her honour ; to make her selfe miserable , to damne her selfe . none would foretell this madnes but a frenchman . thereupon it is said , that the humour of the frenchman is so composed . behold a cholericke , and an extrauagant humour . we aske how long since ? it hath been so but 45. yeares , or there abouts . it must be reduced to good sence , and a little helebore giuen to these offended brains : what means is there to correct these moones ? thou that art so boyling hot , cause three saucers of thy blood to be drawne ; ( amongst the auncient romanes it was the punishment of the rash souldier : ) if that be not enough , draw sixe . if thou findest thy selfe still in a heate , fast , or else goe into canada to temper this heate of liuer ; goe into hungarie to satisfie this fantasticall appetite of a woman with childe , and trouble not the feast amongst thy friends . what shall we doe ? answer they , there is no more speach of canada , peace is throughout all christendome . how doe our neighbours ? some take their rest ; others doe repaire the ruines of their houses ; others spend their time to make themselues fit to serue in the time of necessity ; others doe trauell : what shall we doe ? that your auncestors did when they were in quiet : there is wherewith to imploy the time , both for poore and rich . you are so absolute , great king , so admired , so redoubted : it will be very easie for you , to make your iust ordinances to be obserued , and maintained exactly ( for this regard ) so important for the common-wealth , so christian , so necessary : seeing they dare not kill partridge nor hare without your permission . if this obedience doe proceed for feare of your displeasure , you loue your subiects so much , as they should expect it much more towards them , then towards sensible creatures . if to be in such a matter carefully , and faithfully serued of your officers ; may not a man yet hope for the more care in that which is of so great waight , and of such consequence . the nobility is the inuincible rampier of the kingdome : you are the head , the other cheife members , which cannot be cut or maimed without your notable losse . if you do not speedily feele it , it is to be feared that your successours will feele it . stormes , and strange flouds , will arise , ouerslow : and this great body of france will finde it selfe so feeble by these cruell bleedings , that it will haue no meanes to defend it selfe , no , not to stretch out the arme ; yet for all that , it is the nobility that is the right arme . you tell no newes , will euery one say . no man doubts of that , they know well but for the nobility that france would be griped in the clawes of the spaniards , and of other nations , wiser then we . then is it a great impiety not to remedy it . it is as if a man drownes himselfe ; he is plunged in the water , defends himselfe , with feet and hands , hath already drunke much , but no man runnes after . though they would remedy it , if they doe not hast speedily , it will be too late . whilst they consult at rome , sagunta perisheth . it hath been remarked , that in the onely march of limosin , and thereabouts , fiue yeares since , there were dead in duell , sixescore gentlemen , in sixe or seauen monthes onely . how many are there dead since , euen in the same place , which is but a flower of this garden ? how many through all the prouinces ? how many to this fatall meadow , to this shamefull and lamentable scaffold for france ? the list is not seene , without teares . there haue passed more then sixe thousand pardons within tenne yeares . the number is vncredible : a sufficient number to gaine many battailes vpon the infidells . an irrepaireable losse , for a whole age ; a brutish blindnes , a deuillish madnesse , that all ages past haue not seene ; a transport of vanity , which is not knowne , which is not practised , which is not tollerated , but in this realme : which hath been so long the light of christians , now the obscurity , the euill example , the scandall . likewise strange nations doe giue to the frenchmen , more vnworthy titles , then they doe attribute to all people in particular ; whereas the auncients did taxe them onely of lightnes . this blame is very due vnto them : yet for all that , blinded with their presumption and vanity , they perswade themselues that perfection hath abandoned all christendome besides , to dwell with them ; wherein there is no likelihood ; or else other nations are altogether depriued of wisedome , which is repugnant to the faire order that maintaineth the greatnes of their estates : or else they haue no honour , which is absurd : or else they doe not know what valour , and greatnes of courage is , like the french : which may be seen by the discourse following . let vs rest vpon this branch , which is for our subiect . the english doe declare , that they haue held all spaine in awe ; that by sea and land , they haue left glorious markes of their prudence , valour , and ambition ; that hauing but a foote of land , in comparison of the castillian monarch , they haue constrained them to beg peace : and they doe not fight in single combate . the spaniards in africa against the heathen , and many others , doe testifie their high enterprises , and their lofty courages , which carries them to the end of the world ; and they kill not one another in single combate . the almanes are continually at handy-blowes against the turkes , at whose hands they doe sustaine horrible mischeifes , with an inuincible resolution , as the firme bull-workes of christendome ; and they doe not kill one another in single combate . the polonians , and the transiluanians be all red with the blood of the same infidells , whom they doe duely combate , and ouercome worthy champions of the christian faith : and they doe not kill one another in single combate . for what ( say they with a common consent ) are the french men good , but to ruine themselues by ciuill warres ? but to loose themselues by lamentable and fearefull conspiracies ? but to kill one another cruelly against all diuine , and humane right ? but to cast themselues into infinite paines , and calamities , by lewd , vnworthy , and shamefull quarrells ? now all that is contrary to wisedome , to true honour , and to magnanimity . so that the french be constrained to yeild vnto them this triumphant palme , which they may by good right claime , as hauing better deserued it , then they . but how ? frenchmen , you haue your selues rooted it out of your owne hands , by the furies of the deuill that transports you . you haue wrought your shame , and forged the armes , which haue taken from you so many rare aduantages . you should haue a sensible apprehension of these prickings , and despise the rest . it is towards you , sir , that all france turnes the eyes . it is to you , that it stretcheth out the hands . it is vpon you , that all the hope is grounded . take order , that a sage prudence , a firme resolution , a iust execution , doe grant vnto it , that which is seene amongst all other christians , good order , and the obseruation of it . be pleased to establish lawes , that they that shall offend exorbitantly , be punished with banishment ; or make sufficient reparation , according to the case . for these actions are directly repugnant to christian charity , to humane society , and particularly to the most gentile and agreeable vertue that is seen among men ; which is courtesie , whereof the noble mindes doe make a trophe . to offend another , without cause , of set purpose , is a testimony of brutishnes , or of weaknes of spirit : as the one is worthy of punishment , the other should haue need of a seuere correction : without doubt , if insolency were rigorously punished , it would bury quarrells , for as much as they doe proceed from iniuries , which be most commonly flowers and fruites of insolency and presumption . this is dayly seene . there be some that haue courage , and haue beene in good businesses , for the seruice of your maiesty , or elsewhere . but , they bee so proud , that they despise young men , that haue neuer beene in occasions , or that doe not beare the markes thereof . it is the time that hath denied them this glory , and it doth not follow , but that they may haue as much courage , as euery honest man may haue , that is faithfull to his king , and a friend of vertue . for this cause is this contempt to be blamed , yea , worthy to be punished , that no man may be dishonoured , though he doe not fight by way of challenge , hauing beene offended ; or beleeuing it , vntill the gouernours of prouinces , seneschalls , or others , haue beene aduertised thereof , and haue sought all the wayes to make them accord . some will say thereupon , how ? will you haue the challenger goe and complaine , hauing beene offended , and demaund reparation of the iniury , after the fashion of the vulgar ? to what doe you bring him ? if you thinke that new , represent to your selfe , that when duells beganne to be practised , they were new too , and brought to a custome by the tolleration of princes . so we must accustome our selues to this law , seeing it is most iust , most necessary , and that it is the soueraigne that commands it , who is the head of iustice and pollicie : without doubt , if the first point be well obserued , they will be wiser , and few will goe to the second . but if we meete with insolent people , such as are altogether insupportable , against such , we should be permitted to helpe our selues with all : for they are not worthy to conuerse with men , there is neither sea-card , nor north , can conduct them . some will say , there be wranglers , who taking aduantages , will aske in what ranke we doe put them . we answer , that if the contention doe touch the good manners , the conscience , or the honour of a body , it ought to be put in the first point . if it bee honest , and that it doth not regard these three heads , we must laugh as others doe , learne to talke , or to be patient : and he that is too weake , shall take some refrigeratiue drugs , or else he must depriue himselfe of the societie of men . let them that shall challenge be condemned to die , and let their goods be confiscate . they are a thousand times more punishable , then those that are troubled , beeing invenomed by the imagination of the offence . for these there is some feeble shadow of excuse , but none for the other : whether they fight or no , they be alwaies the principall instruments of the disaster . the first motiues be not in the power of man , whose fraile choller and blood , doe soueraignly command him . being out of himselfe full of blindnesse , he sweares his owne ruine , and vses himselfe like a stranger , as an enemie , as being no more his owne ; but his furious passions , and almost alwayes depending more of an others opinion , then of his owne knowledge , and least of all of reason . he is for that time , in some sort excusable . let men that are wronged , or doe beleeue they are wronged , vpon heate runne to their sword , be possessed , be transported with fury , and goe about to hurt themselues ; that is humane , and practised euery where . but if they go to their death , after they haue had time to digest their choller , vpon cold blood , against their own conscience , knowing that they doe cuill , that is deuillish , and not practised in any place of the world but in this realme . from this let vs draw a consequence . the parties offended , are not without blame , and without crime , when they come to such effects lesse then ought they to be so , who doe execute them not being wronged . this consideration hath made , that since the last edict of fountaine-blean , no man hath fought with a second ; at least , very few : for they haue been ashamed to put in hazard the life of their friend , without any occasion . in fight it is necessary that the blood be troubled . now this is a beginning to take the duell quite away : the reason , because that heretofore it would haue been suspected , yea a shame , to sight without a second . so your edict , and the knowledge of this folly haue corrected this abuse . the seconds then are taken away as a barbarous thing . the conclusion of this speach is notable . euen as it hath been a custome not to employ a mans friend in a matter of iniustice and impietie ; so may a man accustome himselfe to demaund reason of wrongs , as we haue said . time brings all , order corrects all , and mischiefes goe vp and downe by degrees . let euery seruant that shall carry a bill or challenge of defiance be hanged . when they haue been ashamed to lead their friends into the churchyard , and to employ them , they haue recourse to the bill of defiance . if the remedie that wee propound be not sufficient , there is no need to seeke any other . let them that shall fight in duell be degraded from nobility , and them and their posteritie declared infamous : let their houses bee rased , and their goods confiscate . they that shall die , let them not be buried , but drawne through the streetes , and then cast vpon the lay-stall , the common dunghill of a towne . there must be these strong sluces to stay the ouerflowing of these violent torrents . for extreame mischiefes , extreame remedies . the example will bring feare to generous soules ; and apprehension of the ignominie for their name , and for their houses , will preuaile more with them then death . so in a certaine towne of greece , the women transported with a deuillish madnesse , did hang themselues so strangely , that they knew not how to remedie it . they deuised to make them be drawne after their death starke naked through the towne . this villanous and infamous spectacle , stayed the despaire of others . it were very fitting that fencing were forbidden . it is the mother of pride , of rashnesse , of vanity , for them that haue more force , or disposition then others , or both ; and makes them ( with hope of grace ) more outragious , and more insolent . for ought else it is vnprofitable ; for a man is neuer helped therby in combates , in troupe either against strangers or his owne . yet it may bee vsed for an exercise as tennis , and such like , and would doe no great hurt , if the order which we propound were obserued . it is well enough known , what mischiefe this exercise hath brought . the fencers at rome , desperate men , condemned men , made the people sport with the losse of their liues . these new fencers make the enemies of the estate merry , and make the people of france to weepe . they are full of winde and smoake with these great words , to ward , to shift away , to enter , to plunge , or thrust farre into , to incartade vpon the left foot , to digge into , to freeboote . they thinke all the world are indebted to them . can there be any thing more weake , more impertinent ? these , sir , are directions that we thinke fit , to smother quite this wicked monster , if they be well obserued , with denying of pardon , and other lawes necessary , which your maiestie can much better establish , assisted with the officers of her crowne , and other lords of her counsell . they that dwell neere the violent fall of waters from the riuer nile , doe not heare the noyse ; and the wife of the tyrant of syracusa , perceiued not the default of her husband : the one is an effect of custome , the other of ignorance . and a pernitious habite , for want of iudgement , hath made the french deafe , and obstructed , without reason , without sence , like frantickes , like them that haue the lethargie ; not willing to vnderstand , not able to comprehend the deplorable estate that vanity hath brought them vnto . the frenchmen be worse then the heathen in time past . they sacrificed euery yeare to their gods some humane creature : these doe sacrifice many euery day , to their blindnes , and to their furies , which they hold for their god . they did it to appease their anger : these doe it to kindle it more . they did it for the conseruation of the publique : these for the ruine of it . they are more sauage then the sauages of america . they eate men , but they are either strangers , or their enemies : these kill themselues among themselues , kinred , neighbours , friends , conuersing together ; and then are eaten by confiscations and mulcts . they doe it , not knowing the mischiefe ; these doe it , knowing and reproouing it . they doe it vpon some cause ; these doe it for the winde , for a shadow , for imagination . they that doe wickednesse , hide themselues , seeke darkenes : and the french committing execrable murthers , for which there is neither diuine nor humane ground , doe runne vpon the theatre , in the sight of the sunne , before the house of the flower de luce to sacrifice themselues , to the end that the wicked fact being more manifest , more exemplary , may be more scandalous , and consequently , lesse pardonable before god and men. this is to cut a purse before the prouost , to coyne money in open market , and to serue as a false witnesse before the magistrate . in a word , it is properly to mocke god and their king. who be they that precipitate themselues by these mischieuous occasions ? the creame , the quintessence , the floure , the suttle of the suttle ; they that tearme themselues of the race of iupiter , who despise all the rest as the lees and the mire ; and discourse so hotly of honour , of vertue , of reputation . but yet such as are the most firme , and most necessarie pillers of the estate . this is extrauagant . yet they are oftentimes those , who haue reason to content themselues with the reputation which they haue bought by a thousand hazards , in iust and lawfull occasions . yet for all that , they cast themselues with bowed heads , vpon these which they embrace with passion , as if they were famished for honour ; whereas they should enioy that which they haue acquired with so good assurance . they do like aesop his dog , they leaue the body for the shadow , the solid glory for that which is fantasticall . they likewise runne the fortune of ixion , who in stead of iuno , had to doe with a cloud . in the end , all these proud vanities bee reduced into clouds of vanity , and most commonly the miserable wheele of shame and losse remaines with them for a full recompence . we are simple shadowes , and cloudes , that haue no disguise . your maiesty will not be displeased , sir , that we speake without flattery ; you neuer loued it . they doe not often tell kings the truth . it is with that , as it was ere while with your treasure , when as fifty came to fiue . they disguise it . they plaister it , before it hath passed so many hands , so many conuerts , with a lie , with passion , with cunning ; you haue nothing but the shadow . flattery is a mortall plague , cheifely in a man of state , that is in credit with his master ; such a one neuer speakes true . a coozening of greatest consequence , and worthy of punishment . these parasites , are very pernicious . we then that haue nothing but simplicity will speake truely . they call the kings of france most christian ; ô excellent , ô venerable title ! it surpasseth the magnificence of all the diadems , and thyaras of the world . this diuine title hath beene attributed , for some great causes , to your auncient predecessors . they had well deserued it . but the disorders , the eclipses of ciuill warres , haue much shaken , and much obscured the foundations and light thereof . among such a prodigious multitude of arguments , as strangers aleadge , this holds the first ranke , that the nobility is abandoned to butchery by the prince . it is true ( as we haue said ) that your maiesty haue found this disorder , and many others , which it desireth to take away : it is your maiesties greatest ambition . what marke is it ( say they ) of most christian , to suffer such impieties ? this is the shamefull reproach , they giue to all france . they be miserable sacrifices , that you offer daily so freely to death . is it not because you are more ashamed of the censure of mad men , who haue put dreames and giddy conceits , for principles of honour , then for feare to be rebells to god ? you would not doe that for his glory , which you doe for the opinion of braine-sickemen . you would not for that suffer a scratch . and you are paid according to your deserts : for after your death , the most part of your inward friends , and euen those , who in appearance doe fauour so wicked a custome , doe make a conscience to assist at your funeralls , to lament you , to speake of you : yea those , who the next day after , would hazard themselues for as feeble an occasion . they lift vp the shoulders , turne the eyes , knock with hands , and feet , grieuing and deploring this end . you are to feele eternall punishment , and you make your memorie also infamous to posteritie . had it not been better neuer to haue seene light ? you are farre from your accompt , if you beleeue that your name is thereby more famous , or more illustrious . if you knewe the iudgement that they make of your end , you would die yet an other time . some doe attribute these effects to enuie , others to reuenge , others to a foule and furious passion of loue : the most part , to the hope to remaine victorious , by the aduantages of naturall force , or dexteritie : some to the hope to be hindred . there is no mention of vertue in these actions . how abiect , how shamefull a thing it is ? and all men generally speakes of them , as it were of dogs and beares that should strangle one an other . is it not a triumphant epitaph to celebrate the last effects of men ? what men ? such as thinke themselues aboue other men , by brutish comparisons ? proude soules , mad soules . if you could againe reuest your bodies , how you would despise these actions , how you would be offended with your selues , how you would hate your false iudgements , and your abhominable resolutions . no man praiseth you after your death , no man esteemes you , few bewailes you , if it be not in consideration of the losse of your saluation ; and then you are alwayes blamed , for beeing so irreligious . if such an action were vertuous , the historiographers would make volumes thereof , would praise you , would exalt you ; you should finde homers , and virgils . but alas ! your history is , as of people lost . if any bewaile you , it is as of damned soules . ( these words should be an earth-quake , for these miserable quarrellers . ) if any write your accident , it is for an example of terrour in time to come ; a mirrour of temerity , and of the corruption of the age ; a testimony of the wrath of god , and not to approoue , much lesse to exalt so execrable a folly . you that be vpon the bloody theatre of france : in danger euery moment , to represent pittifull tragedies of your selues , consider this : euery thing is done to some end ; euery ende is profitable , delectable , or honourable . let vs see for your contentment , what ende they propound to themselues , that hazard themselues , without iust cause in duell . if both remaine there , men presently play vpon this great string . it is for their sinnes ; it is a iust iudgement of god. if the one die , and the other remaine conquerour , let vs exactly calculate , the honour and profit that they reape thereby . for him that is dead , there is none of these three ends : let vs enquire of the conquerour , if he doe better his condition thereby ? he answers , that he is forthwith in danger of his life , executed if they take him ; in the meane time condemned , proclaimed , hang'd in picture . what a hard thing is this to digest ? he must haue recourse to his soueraigne ; the onely remedy is a pardon . he must haue it whatsoeuer it cost , with so much toyle , with so many submissions begging the fauour of great ones . he must passe it with so much feare , with so much disquiet , with so many difficulties ; it is the true image of hell . they that haue passed through the examination of father-confessors of the redoubtable selletta , would sound you out a lofty word thereupon . this is not all ; he must haue wherewithall to passe it . there bee the greifes : for this effect , the costs , and the mulcts , be another kinde of duell , another cut-throate . from thence proceedes the totall ruine of houses . with all these punishments , there were yet some forme of respite , if the roote of the mischeife were pulled vp . but for a heape of glory , and felicitie , there he is all his life time , with a quarrell vpon his armes , against the kinred of him that died , a mortall and irreconciliable quarrell . for all this , by tract of time , there is some remedy . for that which is the most important , there is none at all . the cruell torture that bursteth his soule , by the continuall representation of his offence , receiueth no condition . what goblins ? what tortures ? what goate ? what minotaure ? but if such a one be puft vp with vaine-glory , for that he beleeues that men doe hold him for a man of courage , they shall tell him , that that aduantage is very common ( as we haue shewed . ) but how feeble is it , how shamefull , hauing regard to the foundation , which is nothing christian ? notwithstanding he that would yeild some thing to his opinion , a man might tell him that it is a glory dearely bought , and as it were to take vp at interest , a hundred for a hundred . there is then the pleasure , there is the profit , there is the honour that he reapeth of his hazardes , and vnbridled ambitions . for him that is dead ( as hath beene said ) there remaineth to him no shadow of good ; his reputation is extinguished with his life . it continueth but to be odious , stinking , and execrable . ah! how this is to be considered : for he that dies for a faire subiect , hath comfort for himselfe , and leaues comfort to his posterity : why ? because his memory hath a sweete sauour . they bee more excellent and durable images , then those of phydias . oh! how precious be these old sayings ; oh ! how rare they be ! they say he was an honest man , a vertuous man , fearing god , louing his prince , and the common-wealth ; that he died in the bed of honour . such a one liues in the tombe in despight of death ; his vertue speakes within the dumbe silence , exalts him , glorifies him in the midst of forgetfulnesse , euen in the cold dust . they hold another manner of language , of them that are lost in duell . what blindnes ! ( saith euery one ) what rage ! how impious a thing it is ? how detestable ? a notable consequence ariseth from this discourse ; that is , that there is some honourable death , that a man ought not to shun although he could . to vnderstand this , we must consider the speach following , in presupposing this maxime : if they which fight in duell , did beleeue they should die there , a man might well say , they would not goe thither . imagine then , that two men of great courage be in presence , their weapons in their hands kindled with fury , respiring nothing but blood ; that a man whom they both know to be an excellent soothsayer comes in the way , and saith vnto them , you shall die both at this conflict , and the profit that shal redound thereby , is , that the common-wealth shall loose much , your houses shall be desolate , your memory detestable . there is likelihood that they beleeuing these words , would bee appeased , and shake hands . but if these magnanimious men , were in an army neere henry the 4. the glory of kings , and great thunder of warre ; and that he himselfe should come say vnto them ; my friends , thinke with your selues this day must be the end of your dayes . but in truth , it shall bee the sauing of your prince ; on whose life dependeth the conseruation of this great estate . no man doubts , but that generous men would bee the more enflamed ; but they would bee all possessed with a laudable impatience to bee grapling , to produce such an action , so vertuous , so glorious . moments would be ages vnto them . they would be like antheus , touching the earth ; they would take new forces : they would be all trasformed , body and soule , into heart and ambition ; and the feare of death would haue much lesse power ouer them , then the desire to make themselues famous to future ages , inuited , forced , by the consideration of this act , pleasing to god and men . they would thinke themselues very happy : it would be scepters , and crownes vnto them ; for as much as the end is holy , and profitable , and consequently honourable , as beeing a perfect worke of vertue . they will say , that there will be found no plenty of these faire soules . it is true . but there would bee found amongst the nobilitie of france , some that haue horaces , scevolaes , and curtiusses , as well as the auncient rome . so we conclude , that there is some death very honourable ; that is to say , that which serueth to the glory of god , to the honour and profit of the prince , and of the common-wealth . now the end of them which goe to duell , without lawfull cause , is simply to satisfie their passion , to reuenge their particular iniuries , to content themselues . it followeth , that that is not onely blameable , but also worthy of rigorous punishment . in this the prince should know , that such combates doe absolutely derogate from his authoritie , for as much as it belongs to him , or to his magistrates , to doe reason for offences ; for which , the violent satisfaction is not permitted to particular persons in any common-wealth well polliced . they follow these steps , & the mischiefe groweth insensibly , and of such a fashion , that in the ende , all diuine and humane lawes shall bee banished out of france . they fight in duell for the seeking of marriage , for homages , for sutes , for precedence in churches , in politique assemblies ; in the end , for all sorts of differences . this is daily seene . so did in old time the scytes , so did the tartarians , people without faith , without god , without humanity . if this continue , we must speake no more of iustice nor of pietie . all france shall be a chaos , a denne of theeues . so we see a generall subuersion of all orders . no man containes himselfe in his own iurisdiction , the stormes whereof hath ouerthrowne all . they be so execrable before god , that since they haue been tolerated , there haue bin seen nothing but prodigies in france . before the duells , was there euer seen blood so horribly shed as hath been since ? the sunne hid it selfe thereat , the earth mooued at it , and the sea stayed the course thereupon . was it euer heard that a great king , most great , most magnificent had been driuen out of his house , and afterward murthered by one of them that daily preachet peace ? waigh this well , from the duell they come to the contempt of lawes , and orders ; from this , to contemne the soueraigne ; then to conspire against the estate ; and after that , to attempt the sacred person of the prince . the reason is , because ambition , accustomed to blood , becomes a sauage beast , which hath neither bounds nor limits , hauing no other moouing but it owne extrauagant desire ; and then soone or late , god doth chasten the princes which doe suffer such mischiefe among their people . this consideration ought to be graued in letters of gold , in the hearts of kings . that it is true , that duells doe thrust the french to conspire against the state , we wil alleadge ( among so many lamentable examples ) but onely the last complot , which constrained your maiestie to goe take order therein . is it not better ( say they ) to die in a ciuill warre , going about to aduance and dignifie a mans selfe , then to kill one an other foolishly euery day , without any hope of a better condition ? so likewise , all the rest doe enioy the benefit of peace , but we . ah , wretched men ! you spit against heauen , you enterprise against yout naturall prince , to whom you doe owe all . ye perturbers of the publike rest , where is your iudgement ? to contend with this excellent monarch , so long a time in possession to destroy his enemies , there wants nothing but his presence , to put all at his feet . it is the fable of the pigmies and hercules . who be the chiefe of your side ? what bee your meanes ? the duke of sauoy saith , luke-warme water to a scalded cat . the arch-duke hath a sute in hearing , which is not ready to be decided . the king of spaine with his faithfull counsell , takes the height of the astrolabe , and attends an other season . the wise and magnanimious king of england , holds his finger on his mouth : who should be then your captaines ? and put the case , that they that call themselues friends of france , would put themselues in collar , what should be your meanes ? what townes , what comminalties would assist you ? they will tell you with a cōmon consent , that they will not eate of it . they sweat , and pant yet with trauels past . likewise your designes haue had as much vanity , as iniustice , and presumption . now all these pestilent feauers be growne , by the iniquitie of duells , which makes their courage barbarous , and accustoming them to blood , makes them enemies of humane societie , and consequently of all pietie . doubtles your maiesty , may very easily take away these pernicious and deplorable confusions . would your maiesty make it selfe culpable of so much blood shedde , for want of making obedience ? they meddle with an imaginary honour : is it not in the soueraigne prince to make this errour knowne , and to take the honour of his vpon himselfe ? belongs it not to the head to guide the body , when as from the conduct of the other members , a man can expect nothing but miserable falls . when as the resolution of your maiesty , to giue no more pardons shall be knowne , and published , ( we say a zealous resolution , with a solemne oath before god ) there is no man will dare to importune it : when you are displeased , they dare not looke vpon your cabinet doore , they dare not breath within your chamber , they dare not so much as imagine that there is any thing to say to you although it concernes you . from whence comes this humble respect ? from the honour that they beare to your vertue , which they reuerence , acknowledging it , for that it hath conquered , saued , and relieued this estate . behold the sweete fruits that vertue brings , that faire tree of life : but after that your maiesty hath made lawes , they goe and humble themselues , they cast themselues at your maiesties feet , they presse your maiesty , and your maiesties nature which is gentle , ( not regarding the consequence ) is very often carried away , at the prayers of such a one as is sheltered from blowes , and hazard . so your maiesty doe breake the precious tables of your iust decrees , or rather of the decrees of heauen . to let ones selfe be vanquished , at the particular importunity of iniust supplications , which absolutely doe import the commonwealth , and to haue the magnanimity , and clemency of henry the 4. who hath subdued , and restored this estate , is incompatible . that cannot agree . to derogate from ones owne ordinances , is like penelopes webbe , and the castles of sand , which they faine to be done , and vndone , vpon the sea shoare by little children . it is to be alwaies beginning . so the authority of the prince is despised , and all good gouernement troden vnder feet ; likewise they say aloude when they publish them , that it is for foure dayes . the importance is , that the king must answer for all : and that should awaken them that are most drowsie . what must hee doe then ? let him be firme and inflexible in these ordinances . there must be none , if they be not iust and equitable . if they be so , they must obserue them exactly . two or three examples after the publication of them , will stay , will extinguish these spoiles , these fires which haue ouerthrowne , which haue consumed the faire polices , and the good customes of this realme . a worke worthy to blot out a multitude of sinnes ; a ladder to climbe heauen , a triumph which will make all your fore-passed victories to shine , will re-aduance them , and be as it were a second birth vnto them . two moneths after a rigorous obseruation of your edicts , there will be no more speach of quarrells . it was seene by experience , after the publication of that which was made at fontaine-bleau , that they stayed foure moneths throughout the whole realme , and not a man budged . not one durst sound the forde , for feare hee should be lost , and serue for an example . they kept sentinell , to see what would be the crackes of this threatning thunder . folly slept : what a notable thing is this . the first desperate man that hazarded the packet , hauing obtained his pardon , opened the doore of the temple of ianus , which had been shut foure moneths ; wherby entred greater disorder , and more fearefull then before : on the contrary this example alone , this only bleeding , so seasonably , would haue kept all this great body from a pluresie . quarrells beeing taken away , your maiesty should be at rest , and not in disquiet , as it is so often for furious folkes . strange princes haue a great aduantage ouer your maiesty : they be dayly busied to know what victories their subiects haue had vpon the common enemy of the faith , or against the particular enemies out of their dominions : and your maiesty is in a continuall alarum with your owne subiects , who are alwayes ready to fight , at feasts , at dauncings , at play , at hunting , yea euen in the holy places , presently after they haue receiued their sacraments . o malediction ! and wherefore ? for spiders webs . your maiesty is brought to a meruailous seruitude : it may redeeme it selfe , by making her ordinances to be punctually executed . the apprehension of punishments will stay them , and there will be none so desperate , to put themselues into an infinite labyrinth of miseries for a fantasie of honour . if there be any ( as hath been said ) he shall serue for an example . is it not better to cut off an arme , then to let all the bodie perish ? that shall not be rigour , it shall be clemencie ; it shall be the most high , and most profitable iustice that can be imagined . the great ones ( whose counsell you shall haue taken to make good lawes ) seeing this holy resolution , will be ashamed to sue vnto you , to destroy that which you shall haue built by their owne iudgement . if they do importune you , they shall be worthy to be denied , and that deniall shall deserue the glory due to your vertue . but how ? would they dare to presse you to doe that within your realme , which they would not suffer in their owne houses ? knowing and detesting the malediction of this custome , if we could returne , how happy should we be , to offer our selues in sacrifice for all france ; and that your maiestie would put vs to death vpon condition , that that which we propound might be exactly obserued ! how glorious would this curse be ? to giue two liues , to saue so great a body . it would surpasse all renowned deeds , both auncient and moderne . but if the death of some few seem cruell , we say it is reasonable , that a small number should bee sacrificed for an infinite : some must necessarily suffer for the publique . it is to preuent a thousand inconueniences . your nobilitie is wholly diuided by means of quarrells . if your maiestie had occasion to raise armies ( as it may ariue ) let men iudge what mischiefes would come thereby . at the meeting of the friends , kinsfolkes , and allies of them which be daily killed with the homicides . what coyles ? what outrages ? what furies would there be ? by this counterpoise , a man might know , that it would bee a very christian pitty , to cause so great a gaine by a little losse . if your maiesty do not redresse these disorders , we must neuer hope for it . this worke with many others , is reserued for your goodnesse and good fortune . alas ! for so many gentlemen as die in france , there are made so many bone-fires in spain , and amongst the other enemies of the french name . they set vp their trophies with your blood , they build with your ruines , and make themselues great with your losses . we know with all the world , that you are not a nero ; you haue pardoned euen those , that haue attempted your owne person . it is certaine that you neuer loose any one of yours , but you haue great sence of it , aboue all you are sensible of the losse of them that haue hazarded their liues to defend yours , and to maintain your lawes . that is not enough , you must not stay in so faire a way . what is to be done more ? to make it appeare by the effects , which doe speake of themselues . there be certaine laughers that fight not , who lets escape this saying , that there is no hurt to draw blood from a body full of euill humours . it is the most caniball and bleeding maxime of the world . which sauours with a full throate the democrasie of the switzers , an impious maxime , and full of ignorance . impious , for it is against all lawes , diuine , and humane . full of ignorance , for as much as it is not onely the choler , and sleame that goes out , it is the good blood , let vs say the best oftentimes . they answer , that quarrells arise commonly from the rash , and insolent ; and that modest men who vsually are most valiant , doe not begin them . it is a worthy obiection . is not the world fuller of fooles then of wise men ? the french nobility who accompts valour her summum bonum , is she not as ready as a flash of lightning ? it comes to passe then that the peaceable , by beeing in company , either for that they are friends , kinsfolkes , allies , or neighbours , be wrapped in these disorders : not of their owne motion , but by the instigation of others . so the ●ood blood , is mingled with the euill . it were a high secret to know how to separate them . no alchimist is capable of it . see , how france is wounded , and torne with her owne hands ; behold how she fills her selfe with desolations ; in such sort , that there is not a house in this kingdome , exempt from one of these two miserable scourges , or from both together ; from suite , or bloodshed . a lamentable thing worthy of commiseration . but who craues the remedy , which is denied him by an euill destiny ; what meanes is there to abate these fumes , to temper these dog daies ? we haue said it so often : good lawes , and well obserued , to busie and content great mindes , and to imploy them . there be many iust occasions , and faire meanes enough . let vs now consider the euent of our misery , and let vs waigh the good that comes of it . ah! how remarkeable it is : the faire schoole , the fearefull example , god hath shewed in this prodigious effect , two things worthy to be noted . the one , that he is iust , and true , in that which he hath said : who killeth , shall be killed . alas ! we had rooted out the soules of others , from their bodies , with an vnmercifull iron , against the law of god ; and we haue beene punished by our selues , by the same wayes . iudges , and parties , executioners , and criminalls , infringers of mens repose , and in danger to be depriued of the heauenly rest . the other point remarkeable is , that it must be a vowed by force , that nothing is so detestable before the maiesty of god , as the duell , as it is practised in this realm . oh iust , oh admirable , oh redoubtable iudgements ! doe not you enter into this consideration ? yes , you doe sir : it penetrates all your soule . though you did not , yet should you cast your eyes , vpon this lamentable vessell your nobility , peirced from ribbe to rib , which takes water at all sides , which perisheth by little and little , in all mens sight , ready to make a pitifull strip wracke . the heart cannot faile , but the other members must be without force , and all the world knowes , the inuincible heart of this great body cannot be subdued , but by it selfe . you are the head , you are the eies , succour this noble part , which beeing weakned by so many conclusions , by so much losse of blood , you can haue neither moouing , nor light , nor conduct , nor vigor against the mischeifes , which grow so often within the entralls of this realme , nor against them , which may ariue from without . whosoeuer will narrowly marke to what a brutishnes the furies of the french are mounted , he will tremble in the soule , he will finde himselfe turned topsie turuy , quite out of himselfe . when they speake of causes , which doe engage to duell , they confesse that according to god it is damnable wickednes , and yet for all that they goe to it . so as to practise honour , as they doe in these dayes , it is iust not to be a christian : to make a glory of homicide is to loue vertue , to heape vp whole families with misery , with desolation , it is to be a light of men : to conclude , it is to be the image of all gentlenes , to know well , how to efface , without cause , from the world the image of god. they that haue the dropsie of pride , that are puffed vp with vanity , and ignorance , will say this is spoken like diuines . in the estimation of this age , it is an ill argument , to alleadge god , or to be a christian . that is too stale . supporting our selues then with the reasons of the world , we say ( to them which had rather be beasts then men ) that such combates are not only against the lawes of god , but against all humane lawes ; not onely of christians , but of infidells , which are now , or euer haue been . assyrians , egyptians , persians , medes , greeks , romanes , and french. we goe further , and maintaine , that this confession ( that that which they doe is euill according to god ) is not only impious and execrable for christianitie ; but is also agreeable to the auncient romane heathen , who had mystically made two temples ; the one of honour , the other of vertue ; with such industry , that they could not enter into the temple of honour , but by this last . now among them , the principall , the highest , and most triumphant vertue , was , the reuerence of their gods . is not this then a blasphemy , worthy of all sorts of punishments . for the consideration of god beeing taken away may there be had any vertue among men ? it is as if a man should boast of his soundnesse , and confesse himselfe a leper . from all this doth arise a necessary consequent : that true honour cannot subsist without vertue , which is his sprout , his root , his body ; as the other his branches , his flowers , and his fruit . our pitifull accident deserues to be culled out by particularities . enuy , reuenge , and other loose passions , whereof we haue spoken in the beginning , naturall to man , and borne in his owne territorie , were not the principall organes of our mischiefe . there was no enuy ; we were neither companions , nor neighbours , neither were wee acquainted : desire of reuenge there could not be , choler must be first exhaled , there were blowes giuen on both sides . what is it then ? i his effect is worthy to bee digested . we were both of vs peaceable , shunning quarrels , detesting them , bearing both of vs a perpetuall remorse , a worme of conscience , for those we had formerly had , knowing the euill we had done , and repenting of it . yet for all that , a choller , not of set purpose , but by chance-medley , hath caused our death . how ? by the consideration of lawes , of a false honour , against our knowledge , against our conscience . it is then this weake imagination that hath depriued vs of the light . here is the great secret which vpholdeth so many calamities . the circumstance following , is to bee considered : the play at tennis makes a man impatient , and rash ; an ordinary choller should be excused almost in all persons , in such exercises . we should also pardon a choller , which is vsuall with all them that be wronged ; or that doe perswade themselues they are so . the one thought he had iudged well , the other beleeued the contrary : the one in passion with the play ; the other ( though without passion ) yet deceiued it may be , by his eare . this was accordable : the foundation thereof was so feeble : it was for a thing of nothing . let vs examine this . a third , which should haue brought a plaister , brought a sword . this is the second piece of our misfortune . which concludes ; that the office of challengers , is a most wicked and damnable introduction . our choller met with this fatall commoditie ; without which , we had presently bin at peace . for this first motiō it is most common : they doe vse it euery where . they be miserable characters , and imperfect seales of humane weaknes . but this being appeased , and the first brunt qualified ; to haue a third , which should haue brought water , to cast brimstone into the fire ; to haue a third , which should haue serued as a barre , to be a furtherer of the mischiefe ; to haue a third , which should haue bin the rampier , to be the key to open the gates of death ? being not wronged , neither hauing any part in the accident : it surpasseth all the impieties of the heathen . this blindnes is followed with an other . a man dares not hinder his friend , for feare to doe him wrong ; to what end will a man reserue the testimonies of a good will ? to what faire occasion ? but all these edifices built vpon foundations of error and vanity , what can they be but pure folly ? they say , we must not iudge of right or wrong by the euents . they are most commonly as letters sealed vp for the spirit of man ; notwithstanding in this , the iudgement of god is very manifest . there is a man , charitable , discreete , sincere in all his actions ; in a word , the very modell of all christian vertues : the generall blindnesse , as a throng in a faire of insolent people , thrusts him forward , and carries him to the combate , against his intent and desire ; he himselfe blames and condemnes his owne action : heauen sees his heart ; a man would thinke that such an one would carry away the victory . there is he destroyed , there rooted out from amongst men , as the most depraued . ye curious folkes , that goe diuing into the centre of most profound secrets ; seeke not the cause any where els but in the iustice of god , who hateth and detesteth these wicked ambitions . our example should make the haires of all them that are possessed with diuells , to stand vpright , who cast themselues vpon death so desperately . this lightning should dazle , astonish , and ouerthrow , the eies , the hearts , and the designes of the most enraged . for seeing that the best doe die there , what should they expect , whole life is wholly infected with malice and impurity ? god said to dauid , thou shalt not build my temple , thou art a man of blood . strangers ( oh great king ) some yeares since , do accuse the kings of france to be such , because they doe suffer these accursed combates . they speake it aloud in publique , they aggrauate this tolleration some pittying it , some laughing at it . these iudgements , these motiues cannot be preuented , but by taking the cause from the effect . be pleased then to efface and root out this opprobry , this scandall : disperse these fearefull comets , hanging and flaming with horrour ouer the heads of your subiects , and threatning your estate with totall ruine . there is not any that hath so much hurt by these mortall exhalations , as your maiesty . so shall she surpasse her predecessors , in good and holy policy , as she hath done in greatnes of courage , and in happy successe . there had need be a speedy remedy , and order giuen , to haue the gouernours of prouinces , the kings lieftenants , the seneshalls , and others , to strangle these infernall hydra's . this pestilentiall feauer , doth runne through all the prouinces of the realme . it is a contagious malady , but it is ordinarily most violent in guyenne . they fight there , tenne against tenne , twenty against twenty , as if they were in the strength of the warre . they force them which be at peace in their houses , to be of the match , as if they were iniured , and wronged in their honour . the arabians are more like christians , then these people . who did euer see , in the life of a conquering monarch , victorious , absolute , in an age full of vigour , and in a time of peace , men to make such combates ? the consequence is great for this prouince . this bulwarke , so neare a neighbour to the retrograde aspect of the saturne of castile , must not be suffered to be vndermined . in the space of foure moneths , there were killed fifty gentlemen in single combate , and abundance were hurt . the nobility of this country , beeing so martiall , deserues well to be husbanded with care . sir , you are the common father of all your subiects ; principally , of your nobility : what can you doe more maiesticall or more magnificent , then to preuent the losse of so many soules , who would serue you in honourable occasions , and doe destroy themselues in vnworthy , and ridiculous actions ? for our parts , we doe not bewaile the losse of our life ; a life , full of trouble , of fraud , of misery in an age so corrupt . there is no way , but hath an issue , soone or late ; we must haue been let downe to the hauen . we lament onely for the offence we haue committed against god , our king , and country . if it had beene for the glory of god , against the mahomets , that we had brought thither our ardors , stretched out our armes , planted our feet : that our hands , and our courages , had imployed their forces , and their ambitions to defend the christian faith , and that we had remained in the throng , peirced with blowes , couered with blood and with dust , we should haue thought our selues very happy . so many blowes , so many drops of blood , would haue beene so many palmes , so many laurells in heauen . there it is , where magnanimity should thunder , and fulminate ; it is there , that a man should surmount all the infirmities of man. if it had beene for the seruice of your maiesty , and of the country , against the sworne enemies of the estate , we should haue ended our course with contentment . we knew we were not borne onely for our selues . the end of euery thing is the good of it : we were destinated for these causes : if any of these had ended the last act of the tragedy , we should haue had wherewithall to comfort and glorifie our selues . but alas , it was for a light and weake occasion , from which patience , and good iudgement should haue defended vs. after we had escaped from so many great combates , from so many hazards , in a peaceable time for all the rest : knowing the fault was hainous which we did , and against our owne conscience : obscuring ( oh miserable blindnes ) the former good actions , by the last , which should haue crowned the worke : we accused , we condemned our selues , as witnesses , and iudges of our crime , beeing bewitched , and enchaunted , by the foolish opinion of mad men , and fearing more their reproaches , then the diuine iustice : ô profound , ô redoubtable iudgement of god! be pleased then to thinke vpon an order : doe this cheife worke ( magnanimious king ) as you haue brought many others to an end , though neuer any more notable , more necessary , more glorious . for the rest it did particularly concerne your maiesty : fortune , necessity and shame , were mingled therewith , they were vapours , and clouds before the sunne , in this it shall be all radiant , there shall be nothing but the shining of your vertue : all the worke shall be your maiesties , all the glory hers . what glory ? to be triumphant ouer fortune , time , and death . but what can be imagined more exquisite , then to take away this pernicious custome brought forth by hell ? to remit the nobility , as it was before , to reserue these lofty and heroyicke spirits for the seruice of your maiesty , and the common-wealth ? they be not borne for themselues onely . if that were so , they should haue no more priuiledge then the common sort : but the end of their advantages , and of their greatnes , is the good of their countrey : and these advantages haue neuer been acquired by duell . who knowes it better , or so well as your maiestie ? who knowes it like your maiestie ? who haue a thousand times hazarded your life to saue this kingdome ; who haue runne so many miserable fortunes to make happy this estate ? who haue forgotten her selfe , onely to be mindfull of the good of france ? a generous obliuion , and truely royall . why ? because she hath fetched backe her name from the gulphes of forgetfulnesse . this consideration enclines too much to the vaine man : it was common with the auncient greekes and romanes . there is another more christian consideration that is , that she hath redeemed so many thousand persons from all sorts of calamities , and from despaire . the end of the gouernment of kings , and the marke of their waighty charges , is , to conserue the people , and to make them happy ; that is likewise the end of them , who are ordained to execute their iust commandements for the maintenance of the estate ; and which is more , it is the obligation of them both . it now concernes your maiestie by her prudence , and wisedome , to establish good and holy lawes vpon this subiect . how ? are they not published thoroughout all france ? it belongs then to her authoritie , to make them to be obserued from point to point , as we haue said . all depend of her : they expect and hope for it from her goodnesse and iustice . a faire order , and the execution of it . from these two , will proceed a remedy , a profit , and a glory . the first , for all the estate ; the last , for your maiestie ; but the profit will bee the common . this can no way be compared but to it selfe , considered in the conseruation of the most excellent kingdome of christendome ; and the glory that you shall get thereby , shall bee measured by the space of all the ages to come . so ( inuincible king ) if you doe conserue your nobility for your seruice , and for the common good , you shall banish the scandall of the realme , you shall take away this euil example , of a stinking smell to all christendome , yea euen to the mahomet infidells . you shall cleanse it from abundance of blood , so barbarously shed continually , you shall efface in part her ill reputation , you shall turne backe the fury of heauen , and keepe your selfe from blame before god , which is of greatest importance for the saluation of your maiesty . what trophies , what triumphes for one onely effect ! what effect ? an effect as easie to execute , as to speake of . for it , the world will giue you crownes of palme , but heauen wil reserue for you crownes of cedar , which are incorruptible . marke what the ghosts doe say to the greatest and most magnanimious of kings . if they haue spoken with any defect , as obscure , they are excusable . if they haue giuen any holy aduise , it ought to be receiued and embraced , but chiefly to be executed . and be it knowne , that the highest knowledge of mortall men , ( aboue all of great ones ) is , ( hinking of the end ) to exercise pietie and iustice : for they be heauenly buildings , by proofe of time and death , which doe abide firme and stable . the rest , euen to the septers and crownes , is a shadow . finis . a discovrse of valovr : wherein is exactly shewed in what it consisteth . by the sieur de chevalier . dedicated to the french king henry iiii. and translated by tho. heigham , esquire , printed by cantrell legge . 1624. to the king . sir , to the most iust , the ballance ; to the most valiant , the sword. to whom may this discourse of valour be more lawfully dedicated , then to your maiestie ? kings and people giue her place . they all with one consent doe giue her this advantage without enuie , knowing that shee hath well deserued it . it was dedicated to your maiestie eleven yeares since ; since which time , there hath not one yeare passed , but i haue giuen your maiestie some thing , and you haue not giuen me any thing . this disproportion did put me backe : your maiestie hauing done me the honour to say often , that i was one of the olde seruants of her house , and an honest man. at this second edition i would addresse it to some other . i looked among srangers , among 〈◊〉 : in the ende , i found it behooued not to change the north. strangers doe atttribute this glory vnto you , to bee the perfect modell of valour ; your owne doe confesse , that that which they know of this excellent vertue , hath been learned vnder the lightnings and invincible force of your armes : they bee triumphes vnto them , to haue profited in so famous a schoole . so i doe cansecrate it to your maiestie , for the second time . the worlds eyes are vpon your maiestie for valour : the world lookes vpon you for iustice . men doe attend to see how your maiestie will effect the solemne oath you made , to take away the horrible confusion of quarrels . they hope for the execution of it , and then the complaint which i make for my particular , ( whereof i doe attribute the cause rather to my selfe , then to your inclination , absolutely royall and heroicall ) and that which christendom makes for the generall , shall be effaced , by the most rare trophy that euer was erected to any prince of the earth . euen as you are the greatest , i pray god prosper your maiestie for euer : remayning sir , your most humble , most obedient , and most faithfull subiect , and seruant : chevalier . a discovrse of valovr . the ignorance of the time , is the first cause of all mischiefes : it is admired , because it pleaseth , followed as a law ; a testimonie of the brutishnesse of the age : entertained by obstinacie , an infallible argument of her continuance , as also of the blindnes of soules . to driue away the false appearance of vertue , and to bring in the true knowledge of it : to please ones selfe with that which is only worthy of admiration : to resolue to a firmenesse of the knowledge , which wholly lighteneth the vnderstanding ; were very hard , in a time wherein violence onely raigneth with hypocrisie ; wherein that aboue all is perfect which contents the weake , and wherein error is defended by passion onely , and reuerenced as an oracle . yet we must not forbeare to take away the vayle , to shew the way , and to giue light to these darkenesses . for him that doth enterprise it , there can nothing happen worse : for the others , they that wil not vnblindfold themselues , nor enter into a good course , nor follow the true ship-lanterne , though they remaine confused , though they goe astray , though they fall through this darkenesse ; yet will it be a pleasure to them , whose soueraigne good is blindnes and error . among all the false opinions that haue slid into vs , and that this beast without eies ignorance , hath brought in with so much authoritie ; there is not any one , either more remarkeable , or more important , then this that they haue now of valour , of this vertue the queene of vertues ; of this stable basis of soules , of this rampier from mischiefes , of this scourge of fortune , of this contempt of death . there is nothing more common amongst vs , then these words , of valiant and valour ; so many people are honoured with this venerable title , and so few deserue it . this is the philosophers stone which men seeke no more : but which hath been found by many thousands . if this conquest be so easie , let faire soules , firme , and full of iudgement , speake their opinion thereof , when i shall haue traced out the ground-plot of it . there be three necessary pillars to this vertue , and builded with such symmetrie and proportion , that if you take but one of them away , you shall haue ruine in stead of building . for her accomplishment , and entire perfection , the pieces required be comprised in this diuine number , wherewith heauen is so well pleased , they be matter , forme , compasse , and the rule of this excellent pallace of wonders . there be three principles necessary to the action of all vertues , and more particularly to this , then to all the rest ; that is to say knowledge , will , and habitude . magnanimity , greatnes of courage , or valour , as men doe commonly call it , hath for her subiect , things which bring feare : that is , her iurisdiction : there is the extent of her dominion . he then that goeth in danger must first know it , or else the effect that followeth shall be a worke of fortune , or of rashnes . will comes after , which is the first issue of our affections , and of our designes . the third part , is habitude ( that is to say ) an action done many times . these circumstances must be waighed , to see , in what principally consisteth , a vertue so diuine . knowledge , which is the eye of the vnderstanding , as this is of the soule ; this radiant light is first required , as the guide which sheweth the way , and the iust sunne-dyall , which conducteth by the true way with certaine knowledge . ignorance of the perill , makes an infinite number hazard , by want of iudgement , and experience ; that happneth to young men , that are transported with passion , who giue themselues no time to consider of that they enterprise . it commeth also to others , for that they doe not comprehend how hot a businesse it is . let vs leaue the first branch , to represent the second in all the parts . it is requisite that he that goeth to a danger , which he knoweth , which he hath well waighed ; that he doe it willingly , and not be forced thereunto , by any strange , and forraine cause , that no other consideration , but onely the vertuous action doe put him forward . then will ( the beginner of our actions ) comes after knowledge . this inflaming of our soule , this violent loue to laudable things ; this first wheele which turneth all the parts of the soule ; it must be simple and pure , not mooued but of it selfe . it must not enterprise vpō that which is out of her gouernement , that is , it must follow that which is most perfect : it must containe it selfe within her owne bounds , and iurisdiction : vertue onely , must be her sacred and inuiolable law , she knowes no other way but that . if the intention to make a mans selfe immortall by renowne ; if desperate necessity , if the defence of his life , and of his liberty ; if the hope of gaine , if loue , if iealousie , if ambition , if despaire , if obstinacy , if enuie , if the presence of the prince , and other forraigne causes , doe make a man goe into a perillous action : this is no action purely vertuous , and worthy of praise . now vertue is content with her selfe , she hath all at her owne home , she borroweth not ; is infinitely rich with that which groweth in her owne territory , her rents doe suffice her to operate according to her flight , although in certaine things she may haue need of fortune . yet i doe not say , that she is in perfection , or that she may be ; for then a man should put off his humanity , and that were to seeke a valour in the aire , as the commonwealth of plato , or the perfect oratour of cicero . but i say , that the first and principall end of him that doth vertuously , ought to be an action simple and purely vertuous . that should be the end of it . let not the first intention of him that goeth to an exploit of danger ( knowing it well ) be the hope of immortality ; but let him goe thereto , although he should know , that that effect would remaine in the graue ; that his birth , and death , should be both at a time : that he should haue his reward with the wormes , and sad silence ; let him not forbeare to doe well , because it is his duty . among the heathen , they were perswaded , that they ought to die for the commonwealth , and that that voluntary sacrifice of their liues for the publique ( which they did in a moment ) brought vnto them a perpetuall sacrifice among men , who put such men in the ranke of the gods . it was not onely a prouocation ; it was a furious transportation , a desperate madnes , which rapt them to all sorts of dangers , by the hope of immortality . it was a sweete vsury . so curtius cast himselfe into the fearefull gulph of rome , to make the inundation cease , which ( following the answer of the oracle ) could not be stayed but by that meanes . so sceuola went into the campe of porsena to kill him , thinking by the death of this king to make the romanes victorious : so horace , who was called one eyed , since that remarkeable effect , stayed alone vpon the bridge of the town of rome , and sustained the violent assault of enemies , with astonishment of all : so the three twin-brothers , did fight against three puissant frenchmen , to decide the difference betweene them , and the people of rome , by the mutuall consent of both armies . it was the hope to make themselues immortall , by a famous renowne . it was the statues , and temples of honour , which were promised them , that caused in them the contempt of death . if a man should haue come and said , to the first poore romane knight ; when thou shalt be cast into this horrible gulph , which threateneth all thy towne with shipwracke ; there shall be no more remembrance of thee ; thou shalt haue no other oblation , but those of thy selfe and thy horse : and thou sceuola , thou deceiuest thy selfe , to thinke that the romanes doe erect statues and altars to thy vertue . horace , if thou diest to defend thy country , the earth , the common sepulture , or tiber , shall be thy proud monuments , and the only trumpets of thy glory . you twin-brothers , who runne to death , for the commonwealth of rome , all the laurells that shall remaine vnto you , shall be the complaints of your kinred , and the teares of your wiues . it is to be presumed that curtius vpon the brimme of that fearefull gulph would haue giuen a musroll to his horse . the second beeing ready to roote out this barbarous kings soule from his body , would haue told him the secret in his care ; so farre would he haue been from puting his hand in the fire with so incredible a constancy . the third would not haue lost his eye as he did , he would haue bin troubled with a phillip as a man would say , not caring otherwise for the iournall of land , which he should haue had in recompence of so admirable a prowesse . he would haue cast himselfe at the beginning into the water all whole , as he did at the end all peirced with blowes . the three brothers would haue all eadged their wiues , their children , and the vnmeasurable greatnesse of those french-bodies to be exempt from fightings , or rather would haue faigned themselues sicke : but the desire to make themselues as gods to posterity , made them hazard their liues , by a foolish hope , and a vaine opinion of immortality . it was then a false valour . in that case , the honourable desire to serue the commonwealth , should onely haue put them forward ; the desire to doe well , and not to get a famous name after death , or recompence after victory . yet , notwithstanding that is the least imperfect valour which is built vpon the beleife of a perpetuall renowne , a worke of faire laudable hope , and worthy of reward , because of the example , and of the profit that may come thereby to commonwealths . the turkes , who are so couragious , and make no account of their liues ; doe not deserue by this meanes , in any fashion whatsoeuer , the name of valiant ; because they hazard themselues , vpon the hope that they haue to tast the agreeable delights , which are promised them , in that pleasant paradise of mahomet . they be workes of faith , the strong wings of a false perswasion , that hath so charmed them ; and hauing plucked out the eyes of their soule , doe couer also the eyes of their body , to make a bloody sacrifice of all . should they haue the apples , and the faire maides of the alcoron taken from them ; they would haue much more affection to life , then now they haue of brutish resolution to death . if the desire to gaine glory , and to perpetuate a mans name , doe not deserue a perfect praise , comming alone in consideration ; much lesse is the effect which proceedeth from a desperate necessity worthy of honour . the banished men at antwerp beeing but sixe thousand did wonders , because they knew well , that by the military lawes of spaine , they should neuer finde mercy with their prince , no more then the english with the spaniards at sea ; who for that cause haue recourse to the cruell element of fire . but if pardon might be for the one , and courtesie for the other , it is to be supposed they would not make so good reckoning of their skins . there be a thousand considerations in this deed , which would be too long to deduce , of which we must waigh some onely . ambition , loue , and couetousnes , doe produce great effects , cheifely ambition at the courts of great ones . it is furie , that carrieth away the soule , that troubleth the braine , that bewitcheth ; a strange magitian , which ouerthroweth all , and sometimes giues the lyons courage to harts . to enter into credit , to be honoured , and esteemed of great ones , and likewise of the prince ; to attaine to gouernements . there be some that doe despise death , and oftentimes these three causes , that i haue named , doe concurre to end the tragedy the sooner . all these effects , be false valours , because they be forced ; and if not altogether , at the least somewhat like those of pyoners . it ariueth also vnto them , as to those that play vpon theaters , who haue the headbands royall , and the clubbe of hercules ; but this is neither so heauie , nor so massy , as that of this great mans was ; neither doe these purple-robes , and these scepters , make them kings that doe weare them . at the court neare the shining lights of the world , there be foolish and blinde soules , which doe swell , mooue , lift themselues vp , and beeing thrust forward with vanity , so naturall to man , and so familiar at the courts of princes , doe enterprise with hazard . see what the desire is to be greater then others , and to go before them , not in laudable and vertuous actions , but rather in dignities . marke this chace to pride . ambition and enuie be the weake ladders by which some doe ascend to reputation . this is to take honour by a scalado . sometimes the ladder breakes , and so they escape it ; there are they in a litter for euer , an vndoubted testimony of a base and artificious soule ; resembling the woman , that in old time gaue the oracles ; beeing animated by the deuill she prophesied ; and as as soone as he had forsaken her , the gate was shut against her , for things to come . it is a deuillish valour , which doth neither mooue , nor breath , but by the most blinde and furious passions . if by these wayes , beeing raised on high , they can catch honour , and some gouernement , according to their minde ; they make knots like reeds : they rest themselues , beginne to play doctors with the furred gowne , and cast themselues vpon discourse ; saying , that there is a time to get ; a time to keep the thing gotten , that a man must play the good husband , and not be alwayes thus , that they know , that the excellent aeconomie of a generous and noble soule , is to be alwayes prepared , in the duty of a man of honesty and honour , which cannot be iustly reiected of any age , of any , quality , nor of any ranke . there be no letters of chancery can helpe therein . loue also , doth admirably whet the courage , it doth animate it , and while the feuer continues , it putteth on violently ; the fit beeing past , there remaines nothing but a shadow . paris loosing himselfe with contemplation of the rare beauties of his helen , admiring so many meruailous things in this cheife worke , so soone as she representeth vnto him the reputation of menelaus , the highnes of his courage ( shewing him thereby that generous women are not friends of cowards ) enterpriseth a combate against him . the sweete words that loue , and beauty made slide downe from her lippes ; happy arabia that respired nothing but heauenly manna , slid into his soule with such force , that he found himselfe wholly mooued , quite altered , and returning as from a swound , resolueth ( to make himselfe worthy of the loue of so faire a mistris ) to assault this excellent champion : he thinkes long to be at handy blowes , remembers no more cipres powder , nor the curling iron for his haire ; hee hath nothing in his vnderstanding but the ruine of his enemy ; he burieth him already by hope , he giueth him the mortall blow , rids himselfe at one time , of a troublesome man ; and getteth for euer a pleasing she-friend . this inspiration of loue , beeing vanished away ; and the fumes of the altar of venus beeing past , he remembers himselfe of his helen , not to be pleasing vnto her , and to make himselfe worthy of so rare a possession , but indeed to make himselfe sure of her . he hath recourse to flight , and hath great need to be couered with the cloud of venus , in which he sheweth , that the carpet-knights , are not such friends of the sword , as of perfumes . this is a false valour , that makes this spruce adoe to assault one of the strongest and most redoubted men in the world . he gained no honour thereby , because the feare of death had more power ouer him , then either the desire of immortalizing his name , or the consideration of his duty . iealousie , and enuie , which be two deuillish instruments , haue no lesse power ; and there haue beene some found , who ( thrust on by their rages ) haue done miracles . the couetousnes of all times , hath held a great ranke among men ; and more in this corrupt age then euer it did . it hath shewed notable effects , in times past , and doth dayly produce extraordinary ones . notwithstanding , there is not any of sound iudgement , that doth call the actions of such as are mastered , with these monsters of vice , valour . despaire hath also a great share thereof , and the desire to die ; whether it commeth of loue , or of any other malady , corporall or spirituall , from which a man cannot bee deliuered . the example of the souldier of cyrus , is as notable as well knowne : neare that same great king , who made the second monarchy , whom the heauen had enriched with so many graces , who was accompanied with so many vertues ; whose lustre was both the wonder and astonishment of the world. there was a simple souldiour , who amongst all was remarked to haue an vndauntable courage , and to be so resolute in the most dangerous encounters , that it seemed he was a faerie , like achilles ; so as the opinion to be invulnerable ; made him contemne the hazard . the admiration of this so rare a valour , gaue a desire to this great monarch to enquire more particularly of this man , whom he found to bee afflicted with a strange maladie , whereof hee made him to be dressed so carefully , that in the end he was healed . after that , he was neuer seen to hazard himselfe as he vsed before : he was not the man he was wont to be . cyrus asking him the reason , he answered , that he that caused him to bee healed was the onely cause thereof ; and confessed vnto him , that the maladie which he had before was so insupportable , that to rid himselfe of it , he sought his end in that manner . the health of his body made his spirit sicke . he ranne after a common euill , to shun a thousand extraordinary : he sought one death , to ridde himselfe of many . it was despaire , which proceedeth onely from weakenesse . you shal not see any of these vulgar spirits , and which are not debonaire , but at the first griefe grow faint , and desire their last ende to be deliuered thereof . so there be a thousand passions which do animate , and doe not doubt but outward things doe serue thereunto . flutes were in vse amongst the auncient lacedemonians when they went to fight , as at this day trumpets and drummes : but without doubt it is more for courages which are not firme , and for irresolute spirits , then for the generous , which haue no need of sauce to get them a stomacke . amongst all that mooueth so much , the presence of great ones , and chiefely of the prince is one . he that is aduanced vpon the theatre , abutted neere the sunne , and the starres , illuminated with the great lights of the kingdom ; though he were a pusillanimious adon , he would become a roger ; a larke there would play the eagle , a hare the lyon ; especially when there is a magnanimious king , such an one as ours , the light of all christian princes , the admirable and inimitable example of valour ; a thundring tempest in combates , whose heart is so high , that no mortal thing can shake it . he that shall come before so excellent a prince , that shall be seen of iupiter , and shall not be as hardie as theseus and samson , hath a courage lower then the centre of the earth , and is vnworthy euer to lift vp his head , and to behold the sunne . let this wretch that shall come and play such a cowardly tricke before this great warriour , bury himselfe aliue for a iust punishment : let him pull out his eies , as in old time the emperours of constantinople did one to another ; or let him go and be a dead pay in hungarie all his life ; pierce there the armes of those infidels , passe vpon the point of their pikes and of their swords , to repaire such a fault . truely , death is a terrible and fearefull image : there is no spirit so high , so resolute , so disdainefull of perill , but doth apprehend some shadow of the graue : but a man must not put himselfe to this trade , if he do not know that he is of a good stampe . vertues be not naturall ; we haue indeede some disposition , some more , some lesse , to receiue them . valour beeing a vertue , ought to bee considered in that manner ; her birth is feeble , shee is not in perfection , blood is not capable alone to draw this picture to the life , this picture so rare , so excellent , so diuine . the liuely colours must be taken from example and meditation . if valour were naturall , all men should haue it from their birth , as also the other vertues : but it is acquired by knowledge and habitude . we must not finde it strange , if for the punishment of pride and presumption , the strongest cords of courage be sometimes loosed , and men admired for this vertue doe commit notable faults ; and besides , men are not disposed at all times alike . i will recount the memorable history of the lord d'aussun , as it was represented vnto me by a gentleman of honour and qualitie , who was at the battell of dreux , because it serueth to this purpose . this generous caualier , who had acquired so faire a name , that in a commendation of excellency , they would say , the stoutnesse of d'aussun , in this battell fled with the rest : returning to himselfe , ( as a lyon , who passing through the forrest , hearing the noise of the branches , flieth vntil he be out , then turning his head , strikes himselfe with his tayle to enter into fury , and returnes to the same place from whence he came ) this hardie lyon returned to the combat , where in the middest of the throng , he shewed that he did not beare so honourable a title vnworthily ; he appeared like thunder , made himselfe to be felt like a tempest that ouerthroweth all ; made himselfe redoubtable to his enemies , and admirable to both the armies . the combate being ended , and he as full of honour , as mad with despight , extolled of his friends and enemies , went to bed , and resolued to die for the displeasure he tooke for his flying . monsieur de guise that then was , went to see and comfort him , and attributed much glory to him in the presence of all . to which hee answered : how ( sir ) you that are the most valorous prince that liues at this day , haue you taken paines to visit the most cowardly and base that euer was borne , a man vnworthy to see the light ? no , no : i am worthy of a cruell punishment , and not of the praise that you giue me , which i doe iustly reiect because i doe not merit it , and will make another man of my selfe , because i haue too well deserued it . he died a while after for want of eating . a man could not christianly praise this excesse : but the rest testified a soule truely vertuous , and a courage without doubt magnanimious . it is to be considered , that in this exploit almost all the army-royall , were put to flight . to retire , seemed rather wisedome then cowardlinesse : and if there had beene a fault in it , he repaired it againe , if it be true as i haue said , that he returned to the combate . if not ( as some beleeue the contrary ) yet his fault was common and well accompanied . he was rauished with this confused disorder , and carried away by the multitude of flyers . so many honest men , couragious , resolute , and full of reputation , did fall into the same inconuenience , that hee might haue attributed it to the good fortune of the enemies , haue supported it with patience as others did , haue comforted himselfe in the representation of so many notable proofes , which he had giuen of his valour , and vpon the common opinion , that armes are vncertaine . but his conscience serued him as a thousand witnesses , his heart was the great comptroller , he found he was a stranger to himselfe , not hauing been accustomed to fall into such defaults . this change of his courage , shaken with a wind of feeble humanity , which feareth death , had afflicted him ; being one that had a sense so exquisite , and so tickle in things of honour , and in actions of vertue . an heroique spirit , and iealous of it selfe , who chose an extraordinary and vniust death , not for any fault committed , but for omitting the custome of doing well , and according to the measure of that stoutnesse so much esteemed . hee would content himselfe , and not an other ; in his manner , not to the mind of others ; according to his owne rule , not to the rule of strangers ; it was the feare to haue done amisse , which is a pricking prouocation to doe well . there haue been found some at court , who hauing giuen good proofes of their valour in a day of battell , and made others beare the markes of their courage , and inuincible resolution ; because they escaped the businesse , and did not die with their friends , feared that they did ill . we must avow , that such persons be wel borne to vertue , which is not fed either with publique smoake , or with another mans opinion , but with her owne knowledge , beeing balanced , and knowing her selfe , her waight , and her price . there be not amongst a hundred such faire soules . now the feare not to doe well , is the first motiue that carrieth away the generous spirit , and which mooueth it with more force , then the crownes of oake , and the triumphes did the auncient romanes . they that goe about to content themselues first , though they were in dennes , in the graue ( if it were possible ) will neuer faile in their duty . when they haue exploited effects , admired of all ; they doe not rest vpon the generall voyce , the common iudgement doth not fill them , they beleeue assuredly , that this action is not exactly accomplished . phidias for his workes , was in an incredible reputation ; and not any thing of that he did most perfectly did content him . his house beeing on a fire , he cried to saue the satyre , which was an admirable peice , not that he esteemed it perfect , but rather imperfect in his fantasie . i will say , that those spirits haue ide'as of formes , and proportions , which doe rauish all the rest , in some scantling of their beauty . but for their contentment , it is not sufficient , they haue remaining yet a great hunger . obstinacy also , which is a terrible wilde beast , that no reason can appease ; hath done strange things , which doe approach the magnificent workes of vertue , and be but shadowes , idols , and fantasies . there be a thousand examples in histories of the obstinacie of the iewes . this great towne of paris would furnish out one , not onely extraordinary , but fearefull . they be hellish rages bringing forth prodigious effects ; which for that respect , are neither laudable nor immitable , because they are without vertue . a thousand aposted-manslayers , haue despised death , and knowing well that they could neuer escape , yet haue not forborne to execute their designes . they be in the chronicles for an example of abhomination , and not of imitation : but iudith , and debora , who did hazard themselues for their people , whose ende was good and holy ; haue left their memory glorious , with as much astonishment at the greatnesse of their courage , as a laudable enuie to follow them in so laudable a careere . there is yet a moouing cause , which is called emulation , which may be defined ; a desire to doe better then others , or in despight of others . emulation is the leauen of all faire deeds , if it be married with the feare to faile , as we haue already said . it is the heauenly seed of actions , truely worthy of praise , and of perpetuall memory . it is the sacreed seed , which thrusts out the palmes , the laurells , and the cedars ; but for that it was not well ruled , nor vnderstood , it hath often been an instrument of shame , and ruine . alarum of the most sleepie , quick-siluer of young and old , rauishment of the most vnmanly . if thy beauty were not painted , if thy nectar were not poysoned , if thou wert not gisguised and apparelled with borrowed garments , how excellent shouldest thou be diuine princesse , liuely , light of soules : but thou art quite changed , and through the ignorance of men ; more of an other , then of thy selfe . the feare of failing , must accompany this moouing : into which whosoeuer will narrowly looke , will iudge , that the good will to doe better then others , hath beene the viper , which beeing borne , doth deuoure that which did beget it . emulation the efficient cause of vertue hath deuoured her part ; hath destroied vertue it selfe : they haue put to this drinke venemous ingredients , they haue troubled the cleare spring , they haue couered with a cloud , a faire sun. emulation should giue a desire to a man to doe perfectly well , according to vertue ; so as no man may doe better ( at least in will ) with knowledge of the cause ; and onely because it must be so , and not because others doe it . although he onely should remaine in this action , that no other should trauell with this winde , that no other should run at this tilt ; moreouer that there should no aduantage come to him thereby , either of greatnes or profit : yet notwithstanding let him not leaue to seeke it with as much passion and vehemency . this shining flame of vertue hath beene spoiled by ignorance , and by pride , deuillish serpent , so naturall to man , this first resort of sinne ; this father of death which hath mingled all the cards . enuie is entred with it into this prouince , these monsters haue foraged all : men runne into hazards , they goe thereunto hanging downe their heads , they precipitate themselues thereby , beeing not able to serue the common-wealth ; carried with rage they find nothing too hot ; to exceed others they would haue wings , or feet of wind , as achilles had . to him that asketh to what this transport tendeth ; euery one will say ( masking his intention ) that it is a desire to doe well . vice neuer accuseth it selfe . see the end which iudgeth of all . it was against a wall , at the shadow of smoakes of the canon , and of the harquebuzes , in a place where they could not annoy the enemies , where the hazard was all of rash men , to the detriment of the prince , and of the common-wealth . from whence come these stormes ? it is pride , it is ambition , violent passions , which do beare such fruit . the desire to see a mans selfe in greater esteeme by fooles , thinking that therein consisteth the true glory , and the point of honour . valour is no foole , she regardeth the beginning , the middest , and the end . this faire triangle , is the rule of her motions and steps ; she knoweth the danger , she goes thereto by the good way ; her end is , to profit her king , or her countrie , in doing her duty . shee mockes at them , that makes themselues be peirced for pleasure , without beeing able to be profitable : shee saith , that they haue too much blood , ( which they drew in old time from the romane souldier that had beene rash ) shee vaunts that shee will sell her selfe very deare ; that they shall not haue her cheape , and that her cypres trees shall not be alone , nor without fruite . if these furious courages , as i haue said were corrected by iudgement ; they would be without doubt , fit for all high and hard executions . they doe imploy themselues most commonly in that which is least necessary : and this gallant , and actiue humour is vnfitly lost , with actions which are neither faire nor profitable . these are the principall outward causes , which doe thrust the soules , guide the eies , carry the hands to great executions , and makes them see false actions of vertue . there remaineth one , and the mother of all the artificiall valours . it is the honour , the lanterne of the ship , the pilot , and the port. i say the appearing honour , and not the true honour . the appearing , or vulgar honour is by force , to content others : the true honour is voluntary to content ones selfe : the one , will onely shunne blame and reproach ; the other leades to dangers , not only not to faile , but to doe well : the one lets himselfe be drawne thereunto by feare of reproach , or else by this so martiall a zeale of a gentleman : the other runnes thereunto by a laudable and gallant will , to profit the commonwealth , and to doe vertuously . in which there is a notable difference . but if a man could read within their hearts , there be many that doe runne the fortune of their life ( defending their bodies ) that would haue no will to be at such banquets , if they were not afraid , that they should be afterwards made blush with shame . when such people doe light vpon so hot worke , how they loose their iudgement , how they goe all astray , how their heart doth pant , and their blood is all icie . they should make imprecations in their soule against that heretique , which inuented these faire titles of duty and vertue . such men should be dispensed withall for wearing of swords , seeing they be so ill fitting thereunto , and kings and common-wealths should also be dispensed with , for not giuing them any aduantage aboue other men . in which , notwithstanding it must be considered , that there is a difference of those , and the like actions of vertue , as of white to black , and of the day to the night . he that is pricked forward only with a desire not to fall into reproach and infamy , doth a laudable act , with some little beame of vertue , and a feeble colour . the life whereof is kept by the apprehension of the blame . these be soules halfe lightened . there be many that doe thus meete with hazards , beeing therein engaged , either for their ranke , or by reason of their places , or by some other occasions they encounter-with , who goe to blowes gallantly in shew , yet would be glad to be out of it , what aduantage soeuer might come vnto them thereby . be it , that they be borne great enough of themselues , and happy without aspiring further ; or that their inclination doth not agree with this troublesome trade . they watch perpetually , that their play may not be discouered . what a miserable life is this ? it is to giue a great aduantage to fortune ouer them , making themselues subect to a thousand troublesome accidents , in which men truely vertuous , and desirous to doe wel , haue no share . for marke you how they worke . they beleeue they are borne to doe well , not to be of the common sort of men , to serue their prince , and their countrie ; to assist the weake , to punish the wicked , to maintaine iustice . they know that they are obliged thereunto , by diuine and humane lawes , as also by the lawes of nature . what they doe is voluntary , hauing no other end but to doe well , expecting no recompence , carrying this incorruptible modell of true honour in their vnderstanding , which lifts them vp , inflames them , and transports them , with all the gracious inchauntments , with all the amarous bates of vertue , which is the most rauishing figure that can be imagined . they goe to death without feare , and without apprehension , so much as humane nature can permit , not onely because duty doth oblige them ( that is too common ) but because they will produce a faire action . others doe keepe themselues from failing and doing euill , by carrying themselues vertuously , because duty doth constraine , and straightly binde them therunto ; and these doe not expose so precious a gage as life , onely for the consideration of that effect ; but for the desire they haue to profit others , and to approach the nearer by such actions to the diuinity . not to faile in things of great importance , not to fall into shame , and to keepe themselues from reproach , is a common thing with the most part . but to make himselfe remarkeable by doing well , to goe about to make himselfe famous by faire actions ; is not proper , but to them onely , that are wholy vertuous . those soules girt about with the diuine beame , can bring forth nothing that is common , base , or vnworthie . great things doe appertaine vnto them , and it is for them that the cedars be planted . the third pillar that sustaineth the holy worke , of the most worthy vertue that is amongst men , is habitude , that is to say , an action repeated , and done many times , which ought to be considered , as the true touch of armes , and the soueraigne iudge , which iudgeth in the last resort of all faire actions . it is not all to know the danger , and to goe thereto willingly , as i haue said , with all the circumstances ; but a man must goe many times one masters tricke onely : how bould soeuer he be , makes not a good artizan , neither doth one onely act of vertue make a man vertuous . it is this soueraigne sounding plummet of hearts , that makes a man sweat blood , and water . it is it that culleth out most curiously , it is the expert workman which endeth this triumphant portall , with all the dimensions . there be an infinite number , who for that they haue not ballanced this high consideration ; or ( to speake better ) not hauing conceiued , or imagined it , after one vertuous action only , haue sounded the retreate , and so contented themselues . there be others , after two or three faire actions , besides their owne particular contentment , haue come to a presumption , measuring themselues by their shadow , full of pride : for the opinion they haue that they are of a good stampe , not knowing that the end iudgeth of all our life , and that there is no time limited to vertuous effects , but that which commeth with the coffin , and the burning torches . not that i wil say , that they which are heaped vp with honour , & by a thousand sufficient testimonies of their valour , haue been made famous , shall seeke all occasions , and hazard themselues like young men , or such as haue done no great extraordinary matter . but whē occasion shall be offred , & that the losse which they may make of themselues shall not be so preiudiciall , as the profit of the common-wealth shall be thereby great ; they must doe like other men . this carreere of glory is infinite ; a man must find no end of it , but by the last end ; nor euer be weary or filled therewith , so long as his hand can furnish his courage . we must not , for all that , come to such vnmeasurable passions , and vnruly motions of such a blind and madde ambition , as marius had ; who ouerloaden with many yeares , as well as with victories ; and buried ( as a man would say ) with the multitude of his triumphes , did notwithstanding beare enuy to young men . too much is alwaies to be blamed . habitude then is the last peice in order , and in perfection , it is one of the principall . there bee some , that once in their liues before their prince haue done wonderfully . they were prepared for that blow : they would die , or goe out of the mire of their auncestors ; enrich , and put themselues to ease . the artifice was not euil , if they saued themselues , and reaped the fruit of hope ; vnlesse death had fastened a nayle to their designes , from which beeing escaped , they had yet at the least this pleasure , to haue once in their liues done wel , and to hold that in common with the most honest men . those people flie at nothing but the larke . they should haue been in danger many times , furnished with all things requisite , with all the armes of vnderstanding and courage ; heauenly armes of the proofe of shots of death , despising the graue , and not esteeming any thing equall to the desire of doing well , if they would haue been honoured with the triumphant crowne , which is giuen to the vertuous . among the muske of canon-powder , all couered with the aromatique perfumes , which the smoake of harquebuzes doth cast vpon the points of swords and pikes , the generous spirit doth exercise it selfe ; there she takes her measure ; at this rigorous schoole shee learnes a diuine mistrisship : there she gets her durable orders , not once , nor thrice , nor fowre times , but a thousand times ; euen as often as need is for the common good . they which doe not measure themselues by this ell , are friuolous shadowes , and ( if i may say so ) fantasies of true vertue , whereof they haue but a vaine appearance . that likewise doth not endure . all these things being exactly waighed , i am of opinion , that the cleare-sighted wil pronounce a sentence which cannot be retracted : that is , that there be very few men adorned with this incomparable vertue in perfection . notwithstanding some do approach thereunto more then others , and an infinite number may haue some seeds and sprigs thereof , like weake beames from so supernaturall a light . thou that goest , seeking by the constellation of starres , by the composition of humours , by the quality of the blood , so rare a treasure , know thou art an heretique . this sparkling planet of mars doth not influe vigour enough . the fowre elementary qualities doe not know what it is to go to blowes ; they hate them , the bloud cannot vnderstand so high a lesson , quite contrary to his beeing . this apprentiship doth come from elsewhere . it is true ( as i haue said ) that there bee some soules better disposed to vertue , then others ; and likewise some bodies more fit to receiue the faire influences of the soule . yet for all that , all men generally and naturally doe feare death . it is a grieuous thing to forsake this pleasing light of the day , and to goe with wormes , whatsoeuer is imagined . this default comes from sin , this weakenesse hath drawne from thence her beginning . it brought death , which is irkesome to man , because it was not so at the first creation . without going any higher in theologie , i will follow my point . the feare of death , mans perpetuall hostesse , whose efficient cause , matter and forme , be within the bones , the blood , and the arteries , is a miserable worker of all the irresotions which doe ariue for this subiect . feare to die , the hereditary maladie , the domesticall weakenes , the naturall falling-sickenesse to man , is the beginner of all infirmities , to them that doe not thinke to liue well . now to liue well , a man must cast his eyes vpon his carriage , he must thinke of the end , he must meditate vpon this common and last passage of men . it was all the philosophy of the auncients , which in truth is a good part of perfection , though not the principall . to meditate vpon death , to imagine that after this short and painefull life , there is an eternall and blessed life , is to enter into the way of vertue , though not to goe to the ende . this answereth to that diuine sentence , know thy selfe , represent thy selfe that thou art a cleare beame of god , that thy house is heauen , that the diuine essences doe pertaine to thee of proximitie , that thou art a passenger in this miserable life , that vertue is the onely image , whereof thou must bee an idolater , and which must wholly gouerne thee . these considerations doe open the barre to faire actions , but the gate is yet shut . this vertue is excellent without doubt , which prepareth the soules to good , & lifteth vp thy vnderstanding to all high & worthy things . it is not enough for all that : to command a mans selfe is more then all that . the other hath the tongue , this the hand ; one the word , the other the effect ; the one prepareth the soule to the diet , the other is the diet it selfe ; the one mooues humours , the other purges them ; the one guides , the other executes : to conclude , the one beginneth , & the other endeth the work . to know a mans selfe , answereth to the meditation of death : to command a mans selfe , answereth to the contempt of death . the auncients made their philosophy and loue of wisdome , meditation of death only , whereas they should haue said , that it was the meditation and contempt both together . for these two be sister-germanes , and inseparable , to conduct to the sacred temple of sapience . but what is this attracting brightnes ? what is this charmious figure ? what is this diuine ladder , which when in hath inlightened by the discourse of reason , and by the knowledge of our selues , and burned by the pleasing flames of the loue of it , doth make vs enter into heauen ? it is magnanimitie , which is the contempt of death . what is the end of it ? to doe alwaies well . if they aske , what temples , what sacrifices shee desireth ? she will answer , that shee is all that , that she hath all in her selfe . if they doe presse her , to tell what mooueth her ; she will say , that it is onely her affection to cary her selfe in all things vertuously . why she doth not feare death ? because she feareth her selfe more . why she doth not desire the conuersation of life , so sweete ? because to liue without vertue , is to be dead , without any hope to liue againe . let them question her euery manner of way , she shall be as ready and wise to answer , as firme and couragious to resist . now as you see , to know a mans selfe goeth not so forward as to command a mans selfe : so it must be said , that to meditate vpon death is not so much as to despise it . many doe know their own infirmities , they haue euen drawne the very picture of them with all the liuely colours , there wants nothing . they know that they are subiect to a thousand loose passions ; they resolue to combate these domesticall enemies ; they prepare themselues thereunto ; and euen in the very instant that they are ready to come to handy-blowes , they do as dolon did in homer , who cast away his buckler in the cheife time of the skirmish ; or like to him , who after hee had made proud marches cries out against his follies ; i see the best and like it , and doe follow the worst . it is cowardize , they haue not force enough to resist , hauing but one feeble obscure sparke of vertue , which hath not the power to heate , though it giue light . they which commaund themselues , doe shewe that they haue beene longer exercised in this faire academy , that they haue beene vpon the iusting , or fencing place : that they haue wrestled against the prodiges of vice , and throwne them to the ground : which makes them worthy of praise , and to haue their names graued in letters of gold in the holy temple of honour . this then answereth to the contempt of death , which cannot bee familiar with a man but by valour , which doth not consist onely in marshall actions , neither is enclosed with those walles alone ; because there bee a thousand other instruments of this cruell enemy of nature , besides those of warre . socrates who swallowed hemlocke , did as much contemne death , as alexander in the middest of his combates . the one was , as it were transported with marshall fury ; and the other was no more mooued , seeing his death prepared , then if they had come to inuite to runne at the playes of olympus : the one was almost out of himselfe with choller : the other was altogether in himselfe , and quite out of the frailty of man , through a firme and constant resolution to this last step . both of them did it through greatnesse of courage ; valour was in them both , all the worke was hers . notwithstanding , the one of them was inflamed with the ardour of young blood , with ambition and with the desire to make himselfe venerable to posterity : the other was not stupide , nor insensible , but he had a constant coldnes , a firme resolution , with discourse , iudgement , and meditation , hauing no other end , but manfully to resist fortune , and death , without beeing thrust on by consideration of worldly vanities . wherein is to be noted , that these latter parts be euen as necessary as the others ; and that the great and vnheard of effects of vertue , doe proceede cheifely from the vnderstanding , and intelligence . truely , they which haue not learned this magnificent science , but amongst pistolls , and pikes , haue a valour , more brutish , lesse considering , and lesse wise . they which haue exercised their forces onely in plato his walke , in the study , haue a more soft spirit , and which doth not seeme so vigorous against euill ( because experience assureth weaknes , and is ordinarily seene , among the blood and the sword ) it maketh the courages more cowardly , and supporteth the most imbecill ; for as much as custome is another nature . the contempt of death for them is by imagination in the aire , not meeting as others doe , among them that are hurt , slaine , and daily at blowes . true it is that socrates had married his spirit with his hand , the greatnesse of his courage with his sword , and his high imaginations with execution and proofe . after he had meditated and layed the foundations of this faire pyramides , by the diuine idea's of his vnderstanding , and by that proud proiect which carried him away in his thought , he put his hand to the worke . wee must not meruaile , if by this band which is not common , he brought forth no common thing . now , i haue said that it is not at the warre only that magnanimity is exercised ; a long imprisonment , pouerty , maladies , the losse of friends , and other accidents , be proofes of a courage manly , and oftentimes more assured then of death it selfe . in the meane time , a man must well consider what contempt of death is . a man doth not feare death , onely for the griefes that it brings vs , which are soone passed ; but for the pleasure whereof it depriueth vs , and for the delights of life ; which comes of follie , ignorance , and want of meditation . that which ones leaues , giues more paine , then that which one feeles ; and whosoeuer would take away the apprehension of this bitternesse , should but onely tast it . the euill comes from the fantasie , which hath most force where there is least reason . death is made so redoubtable , because it takes from vs the ioyes of life , and for that we are tied to that which doth least appertaine vnto vs. for feeble pleasures , the long vse whereof should be odious vnto vs : for lewd desires which haue found our tast sicke , to the end to gaine yet some dayes , and to haue a miserable delay , and a shamefull respite ; a man would lengthen the parchment , and deferre the matter ; so loath is a man to ariue . all that proceeds from want of iudgement , for as much as we haue lodged our soueraigne good where it is not , and that we seeke it for the most part by his contrary . to haue then the contempt of death , we must rather haue knowledge of the life that is truely worthy of man. neither could the lot of africa , nor circes , nor the syrens , nor all the attracting delights of the nymph calypso , retaine the wise greeke . his designes were more lofty , he was tyed with more strong bonds ; the knowledge which he had of a greater blesse , made him enter into an extraordinary disdaine of these vnworthy pleasures . contraries one neare the other doe shine most : so the discourses of reason , be cleare lampes , which shew the way in the darknes of our blindnes ; it is by them that we vnderstand what to follow , and to take our resolution to doe that which doth most carry a man beyond man. there is no vertue that can lead through these thornes , through these rugged rockes , and through these fearefull solitarinesses to perfection ; but magnanimity . shee is without ignorance knowing all things , hauing digested all doubts , chased all clouds , taken away all scruples , by the faire and agreeable theorique meditation , which would haue beene vnfruitefull , if it had not beene put in vse , by this queene of vertues . this heauenly queene then , hauing carried her intelligence , vpon all that concerneth man , and hauing sported her selfe through all this great theatre of the world , after shee had waighed , ●ounded , and calculated all : shee knew that well-doing was the highest point at which humane nature could ariue . glad of this knowledge , and wholly transported with admiration of her owne diuine essence ; shee hath made choice of this golden sleece , and there erected her conquests . she is so resolued . this is not all , shee is gone into action . shee is in the conflict , she remaines glittering with victorious glory ouer her enemies . to this beginning a thousand difficulties are opposed to her designes . feeble nature , in a traunce with feare , so sensible , open to all sorts of euills , perfumed soft lasciuious pleasures , couered with amber and muske , with bodies without armes , and legges , with maymed shapes , with sad goings , in some , ioyes , and griefes , pell-mell , will violently pull the armes out of her hands . shee hath ouerthrowne all , shee hath vanquished all , shee remaines mistresse of the field . let them cut , slash , burne , let all the world come together to fall ; a man accompanied with this incomparable vertue , remaines without loosening , stiffe , and firme , as marble . admirable rampier against misfortunes , and most strange euents ; how diuine thou art faire vertue , seeing thou doest draw men from the gouernement of humanity , how high and eleuated thou art , seeing thou doest roote from the center of the earth , the earth it selfe ; how strong thou art , seeing thou doest giue the forces of sampson , to the imbecillity of humane nature , which is weaknes it selfe ; how aboue humane thou art , seeing thou doest make our senses leape ouer the barres of sense ; and how rare thou art , seeing thou art so difficill . if i did thinke to be exempt from the blame of presumption for enterprizing to speake of so high a subiect ; i would produce for an example , a spirit wholly royall , ( that is to say ) fully perfect . let a man behold it on all sides , he will iudge it such as i desire it in this discourse . sir , you that are a man , and aboue men , ( as such an one ) giue me leaue to be so bold to speake of this vertue , which is admired and reuerenced in you , with many others which haue adiudged you the prize , aboue all princes of the world. as a man suffer me to speake of your vertue . as aboue men , for that you are glittering with so many perfections aboue humane . pardon my presumption , in consideration of the zeale which i haue to honour that which deserues it . as a king permit me to speake the truth . let a man looke on all sides , with the eyes of enuy , and euill speaking that spares nothing ; and with the eyes of iudgement , which doe waigh all things as is meet , taking away those domestique sorceresses of kings courts , flatterie and passion ; he shall see , that the magnanimitie of our great henry is incomparable , and such as a man would desire in perfection . the desire to make himselfe immortall , by the renowne which preacheth the faire deedes after the tombe , hath not made him produce so many famous military acts . for he that hath his vnderstanding as cleare , as his courage heroicall , knowes right well that princes may make themselues so by a thousand other effects of vertue . adrian , traiane , seuerus , and many other the most famous emperours , without giuing one blow with a sword , by iustice , sweetnes , magnificence , prudence , and liberalitie haue gotten to themselues , offerings and sacrifices in the temple of memorie . neither hath ambition and couetousnesse giuen him so many hats of triumphs . these are the three strongest and violentest passions , which do most rule men . after that god had called him to this estate by a lawfull succession , what along time were all his actions rauishments to all the world , and monstrous workes ? his hand , and his vnderstanding did euery day miracles . the desire to raigne could neuer shake his soule : when all were banded against him , and that ( because hee would not be sprinckled with holy-water ) all swore his ruine in the most part of christendome . during these stormes , and thunder-bolts , he made a counter-battery , he thundered , he stormed by the invincible force of his courage , which could not be vanquished , but by his owne force . forsaken of strangers , betrayed of his owne , depriued of meanes , he sustained a waight which was not to be borne but by him . he surmounted all mortall accidents , he trode time and fortune vnder his feet , he executed that which was iudged of all most impossible . he relyed vpon few , but his lofty spirit , which thought it should faile in forsaking his first way , held it selfe immoueable among the torrents . it was magnanimity , which as a celestial anchor did ward so many sea blowes , in so horrible & sudden a sea-tempest . that very thing , by a more high cōsideration , made him obedient to reason , to gaine by a iust change the reputatiō to be equall and iudicious ; and to take away the imagination , to be vnpitifull and obstinate . behold two notable victories , he hath surmounted his friends , and his enemies , he hath vanquished himselfe . if these two frenzies of men that i haue spoken of , ambition and the desire of riches , had had aduantage ouer him ; he would from the first day ( to auoid so many troubles , to destroy wholly so many cruell hydraes , against which he was forced to contest so long ) haue yeelded : but hee beleeued hee should haue done wrong to his vertue . not any of the other accidentall causes alleadged , did make him perseuere in that high resolution but one onely , which is , the presence of the king. he was alwaies with him . this continuall representation , increased his courage , raised vp his spirit , and strengthened his armes . he did feare to do any thing vnworthy of the king , he would alwaies be like himselfe . because i haue discoursed at length , of this particularity , in the treatise which i made vpon the conuersation of his maiestie , i will speake no more of it . after that this excellent prince had the flowre de luce assured , and the crown well fastened vpon his head , let a man mark all his actions ; he shall see that he hath alwaies been the same man he was before , with the same greatnes of courage , hauing no other aime , but to doe well , nor other end but the safetie of his people . it would require many volumes , to describe worthily the high and incredible executions of this great captaine . with what industry , with what inuentions hath this admirable king , raised so many faire pyramides , erected so many colosses , built so many theatres , and amphi-theatres of his glory ? with the magnanimity , which hath not carried , but wrapt him to infinite perils , made his body of marble with continuall toyling , his spirit alwaies watching in the ambushes of fortune , his heart infatigable to all sorts of trauells , and as vnconquerable by his enemies , as by the infinite paines which he suffred in this perpetual torment . among so many miseries , as enuy , fortune , the corruptiō of the age , the vnheard of obstinacy of his subiects , who would haue buried themselues aliue haue shewed , with so much cōfusiō : let vs a litle behold the incōparable greatnes of the vertue of this christian hercules . at these earthquaks , at these ouertures of the deeps , at these inundations , at these furious and enraged winds , he continued firme as a rocke . by his prudence he hath brought a sleepe the waking dragons ; by his force he hath put in peices the most strong ; by his liberalitie , he hath troden vnder foot the most insatiable , to chase them as harpyes , to the comfort of his people ; by his sweetnesse he hath hazarded his life a thousand times , to keepe it for his owne ; and by his mercie , hee hath exposed himselfe as a sacrifice , to redeeme his kingdome from the captiuity of egypt . valourous king , and gentle father : among so many troubles , the last care that he had was of himselfe , whom he had forgotten for others . whosoeuer shall well behold all without passion , will be amazed , as if he had seen the face of medusa , and will not beleeue his eyes , much lesse his eares , and his fantasie ; and will be constrained to swoone with admiration . in this table , there is not so much as a figure , or lineament , not so much as a shadow , either of ambition or couetousnesse : all is vertue . this last proofe , so notable , and so important to the estate , hath of new shewed by good tokens , that this holy fire of vertue , and of the desire to doe well , which kindled him with so much ardour , hath lost nothing of his gallantnes and extraordinary vigour . he ran to that fearefull and vnexpected blow , and of amious , which had shaken this estate , filled with astonishment both strangers and all the realme , which were but newly recouered from so long a sicknes . hee had seene at rouen the anatomic of france , so leane , that it had nothing but skin and bone , hauing the body all couered with vlcers , afflicted with a lingring ague , which the continuall ague had left her , all in a gangrene , full of miseries , and as it were desperate of remedy , with a generall subuersion of her iustice and piety . at this time then , our king , knowing better then any other so much necessitie , without men , without mony , not seeing almost any means to remedy this high mischiefe , which had seized this estate in a time so dangerous , put on with the zeale to succour his people , iealous of the glory of his subiects , as desirous both of their conseruation , and of their felicitie , went speedily to besiege this great and strong towne ; where to speake better he besieged himselfe . his spirit and courage did neuer find any thing difficil . there was meanes to recouer this faire piece , the way thereto was open . he was called by the repose whereof he had need , to breath a little after so long trauells . the necessity and pouertie of the realme enuited him . they offered conditions that he might accept , as others haue done in like case without reproach . but because hee would not leaue so much as a shadow of want of faith to strangers , nor of affection to the dignitie and splendor of his name , and honour of the kingdome , hee chose rather to passe through the mountaine , then through the plaine . beeing there , he was furnished at all points , exposing himselfe to a thousand dangers to saue the commonwealth . iudgment guided him . it was to assure his people ; hee shewed himselfe as hee is ; it was needfull for the small number that he had . for the space of fowre moneths , they within tooke more then those without , which they knew wel . the presence of this french cesar serued for a mighty army , he found himselfe sufficient . his incomparable zeale to the publique good , the necessity of the times , and his diuine courage would haue it so . all went therein according to the compasse of vertue . there was but one vnequall motion , ( i put one knee to the ground ) too much courage was the most dangerous enemy , both of himselfe and of france . these high spirits , wholly diuine , which doe act by some celestial inspiration , doe despise with disdaine the most dangerous accidents , and doe beleeue that no mortall thing hath power ouer them . the commonwealth cries , let there be regard had to the particular conseruation , for the generall . this is in this admirable prince a defect which testifieth a rare perfection , and a figure of humanity , which surpasseth man. i haue said here before ; that magnamity was the queene of vertues : i say , shee is their mother , and hath engendred them all in our king. it is by her , that the spirit making no account of vulgar , and common things , penetrating the obscurities of ignorance , and dispersing them , can discerne the day from the night , the good from the euill , to be armed against all sorts of euents , with the light of prudence . it is shee , that makes a man forgiue his enemies , by setting his foot vpon the throate of that despitefull saluage beast reuenge ; so naturall to man , a vertue very extraordinary , as being quite contrary to nature ; a triumph , which surpasseth all the triumphs of marius , a glorious victory , as rare as dificill . it is shee , who burying that deformed and insatiable furie couetousnes , rendreth to euery one , that which is his due , not retaining the least displeasure for hauing the goods of another man ; beeing content with her selfe , and not knowing any thing that may equall her . it is she that driueth away vanity , despising all the smoakes which the pusilanimious doe adore . shee flies at the kite , and at the riuer , meddles with subiects that are most solide , and thinkes that they which stay themselues at petty things , be not capable of great ones . which is weaknes , either they doe not knowe them , which is ignorance ; or doe despise them which is folly . it is she which makes no account of the flowers , and fruites of fortune , which be the riches , that shee holds as one of her instruments , wherewith she distributes magnificently , thinking that to doe good to others , and to make many happy , makes a man approach nearest to god. it is she , that banisheth cruelty , presumption , pride , and all the other deformities , which makes the soule vnknowne to it selfe . it is she that mockes at fortune that afflicteth by her perseuerance the afflictions themselues , that braueth necessity , that laughes among hurts , in the gulphes of death , in the middest of blood , fire , sulphure , the ship-pitch , & the harquebusses . in insupportable maladies , shee makes her selfe insupportable to the sicknes it selfe , which cannot suffer her , she findes her selfe inuincible throughout : why ? because she beeing not accustomed to be subdued , doth not know any thing in the world higher then her selfe , she aspireth to heauen , from whence shee beleeues shee is come , shee makes enuie , and all other follies of men , to burst with despite , which shee contemneth , and driueth farre from her . in good fortunes , and happy successes , which oftentimes , makes the most temperate disordered , she shewes her selfe modest . so is she the mother of courtesie , and of mercy . in the greatest crosses , and most furious blowes , of mischeifes , shee is inconquerable , high eleuated , by her constant resolution . shee giues place to none , either in bounty or force , alwayes in the same ballance , that is to say , alwayes like her selfe . it is no meruaile , if fewe men be indued with this so perfect a vertue , seeing that all that is within and without in man , is bent against it , whole man is repugnant vnto it . nature , ( as i haue said ) doth learne the quite contrary , to that shee sheweth ; flesh and blood be her mortall enemies ; imagination , and apprehension , her capitall enemies . she passeth further , and makes her selfe place , offring a terrible drinke of gall to the naturall distast of man. that is the reason , the auncients did make altars , erect statues , build temples , iudge of triumphes , eleuate pyramedes to the memory of them which had employed their liues for the commonwealth . the scepters , the crownes , and all the orders of honour which be in the world , were inuented for this end , to giue courage to men to loose themselues for others . these be the dazelings and the magicke inchauntments , that humane weakenesse hath need of , not onely to incite , but to transport them to dificill , and perillous actions , so troublesome is this lesson to man. yet all this preparation , is onely for courages least noble , and for spirits least accomplished : for vertue regards nothing but her owne action , shee sees no further , shee is her selfe the bounds of her partition , no other thing belonging to her , shee giues ouer her part to weaknes , neither hope of reward , nor the apprehension of any blame , nor the feare of punishment , nor any other common , or ordinary considerations doe mooue her . one thing onely commaunds her with a wand , the desire to doe well . yet my meaning is not , that a vertuous man should refuse the iust honours that are done vnto him , as did the auncient cato , who would neuer suffer any statues to bee erected for him : but i say , that should not be his intention , but the consideration onely of the vertuous action . the most magnanimious themselues haue need of some prouocation , to awaken their spirits , which otherwise would be more sleepie , and more soft . they be men it is a default of humanity . man that is wholly borne to miserie , hath need of outward obiects to mooue his stupidity , and to warme his ice . hee hath neede of a wheele , with a great spring and a very sharpe fire . but if there may be found any spirits of this diuine stampe , it must be in this kingdome : although ambition , and anarice , haue almost corrupted all . there remaines yet of these incorruptible virgins , which be all of fire in laudable actions . among this faire nobility of france , there may be seene some , who haue this vertue within a little , euen as i doe represent it ; and abundance that doe approach vnto it . it is also the light of the world , the quintescence of men , the admiration of the earth , the firme foundation of this puissant estate , the soule of the royalty , and the glistering day of this great court. she is borne wholly to vertue : shee of whom i speake is her familiar . shee hath but too much transport in perill , shee would cast her selfe into the deepe , shee should rather be deiected , shee flies with gallantnesse , which carries her too often to timerity , and to quarrells . these be two maimes , which doe hinder the perfection of this vertue , which is neither foolish nor quarrelsome ; which intruth cannot suffer an iniurie , but doth well waigh it , before shee be prouoked ; which hath no pride , and will not take any aduantage vpon another , but by worthy actions ; which is neither a swaggerer , nor contemptuous . because shee contents her selfe with effects , and mockes at the rest . if these two defaults were cut off , what great persons would france bring forth ? what excellent pollitiques ? what worthy captaines ? our king is happy to haue so many faire lights to lighten this estate ; so many vnmooueable vaults to sustaine it , so many strong bastions to defend it . and you nobility , how you are fauoured of heauen to haue such a head , so shining with a thousand sunnes of honour , and so couered with crownes of glory . it is the greatnesse of kings , to haue neare them a multitude of persons famous by excellent markes . the glory of iupiter had beene small , if he had raigned ouer the cyclops , the centaures , and the satyres onely . the inuincible mars , the venerable saturne , and those other gods , made his empire redoubtable . one lyon had rather obey another , then to haue no commandement , but ouer the foynes of alexandria , and the apes of the great caire . if any man thinke , that i doe set out an imaginary vertue , and which cannot be in man , in that fashion that i describe it , but by diuine inspiration ; let him know ( if he please ) that extraordinary actions also , doe not come but from heauen . in truth i confesse , it is very hard in this so peruerse a time , wherein the foundations of all vertues , be turned topsie-turuie . but let a man behold the auncient romanes , the lacedemonians , and the athenians , they shall there marke out scipio's , epaminondase's , and aristide's , who haue had this vertue of magnanimity , with all the conditions and circumstances alleadged . why shall not the frenchmen be as capable , seeing they haue inherited by their great vertues , to those of the auncients ? i will not speak of charlemayne , and of the worthies . during the raigne of king francis the 1. how many notable , and admirable personages did honour france ? in that time there was the most magnificent , and triumphant colledge of honour , that was vnder the heauens , to make vertue be beloued , to daaw a man from the centre , and to make him a demy-god among men . it was the order of the king. this temple of glory , and of vertue , was so sacred , that at that time , there were found in all the realme but thirteene , that were worthy to enter therein . it is another discourse , which i will leaue for this time , and will say only , that this high , excellent , and diuine mother of vertues , magnanimity , may be acquired by discourse , and by vse , and that a man may make himselfe capable of it . ignorance , for that it knowes her not in all her parts , is one of the strongest barres , that doth hinder the laudable designes of them , which doe aspire to effects , which doe drawe out of the mire , and out of the ordinary high-way . pride mingles it selfe there among , with other defects which doe strangle the fairest actions at their birth , and makes abortiues thereof instead of perfect formes . the most part haue an opinion that it must be so , others are perswaded thereunto because they are brought vp in that errour . a long custome hath made them so sicke of the lethargie . it is but want of curiositie , to seeke out wherein lyeth cheifely the point , which raiseth a man most high . if that were very exactly waighed , one should roote out all the euill rootes , one should cut off all the rotten branches , one should cleanse this faire tree of life , which makes a man despise death , beate fortune and time to the ground , and triumph ouer all humane things . there is nothing impossible to a generous spirit . if it bee guided by a solide iudgement , it will alwayes choose the best . all the circumstances aboue-said , are to be neerely considered in this vertue so rare , and dificill , that her name is prophaned , which i will paint out , as it ought and may be , and as it must be apprehended . let them then , that are in the heate of the skirmish , couered with blood , earth and smoake , pressed of all sides , thrust , strooke , and peirced , say in their consciences how they doe there , how they like : let them sound themselues , let them not flatter , nor pardon themselues any fault : let them behold themselues , in all their looks , if their hearts remaine assured , firme , and without feare ; if they keepe their iudgement ; if they be neither transported with furie , nor rage ; if all their steps bee compassed according to the time , the occasion , and the place ; if the eye doe accompany the hand , the hand the foote , the vnderstanding , and the courage , all three , without doubt they may be called gentle companions . these be good testimonies , but yet a man may reiect them , if they be not accompanied with other proofes . if the desire of vertue onely , and the consideration , of the seruice of the prince , of the good of the commonwealth , of the protection of the weake , or other very iust causes , doe leade them to these tragicke feasts , they are worthy of laurell . but if they haue many times rendred such proofes , and that the end be altogether for the faire action , and neither ignorance , ambition , nor vanities , haue part in the worke ; they must crowne them with palme , and consecrate statues vnto them . let not them that haue not yet attained , the third step of this faire ladder , by which men do climbe to immortality , be out of heart , and let them know , that the discourse of reason , meditation , and experience , will bring vnto them with the time , if they will imploy their vnderstanding , and take paines therein , that which the first haue acquired . let others that shall haue but some weake tract of this faire table , and simple mouldes of so rare a building , reuerence the first , honour the second , and endeauour to imitate them . or make their vowes to some other saint , that may be more fauourable vnto them . also let not the first thinke that there bee certaine regular limits in doing well . let them beleeue , that vertue neuer waxeth old , to the end that their last act may answer to the former . let not them that doe second the vertue of the most excellent , be rauished with ioy , for that they haue giuen some good testimony of their valour ; neither let them be reiected because they haue not in perfection the ornaments of others . let not the last despaire in this rough roade , because they know themselues a little hindred therein . so the most vertuous following their way , shall continue to the ende , which crownes the worke ; the others shall endeauour with the time to succeed them in faire actions as in will , and knowledge : and the last shall change their designes by despaire , or their condition by their amendment . finis . 