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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.
STC 10530; ESTC S114510
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