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         Espagne, Jean d', 1591-1659.
      
       
         
           1632
        
      
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         99849735
         99849735
         14900
         
           
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             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).
          
        
      
    
     
       
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           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
             .
          
        
      
    
  

