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lord_n	earl_n	john_n	king_n	50,169	5	4.1692	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68036	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.	1632 (1632)	STC 10530; ESTC S114510	24,502	78

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

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