ANTI-DVELLO. THE ANATOMY OF DVELLS, WITH THE SYMPTOMS THEREOF.  
A Treatise wherein is learnedly handled, whether a Christian Magistrate may lawfully grant a Duel, for to end a Difference which consisteth in Fact.  
Also, The manner and form of Combats granted, with the several orders observed in the proceeding thereof, with the list of such Duels, as have been performed before the Kings of England.  
Truly and compendiously collected and set forth By Mr. JOHN DESPAGNE, for the good of Sovereign and Subject.  
Published by his Majesty's Command.  
LONDON, Printed by Thomas Harper for B. Fisher, Dwelling in Aldersgate-street at the Talbot. 1632.   

TO THE RIGHT HONOURABLE AND MOST NOBLE, ROBERT, EARL OF CARNARVAN, LORD DORMIR, BARON OF Wing, etc. M. of the Hawk to his Majesty.  
As also, TO THE TRVELY, Worthy, Virtuous and Learned Gentlemen, M. Andrew Pitcarne, Master Falconer to the King; M. Patrick Maulle, and Master James Leviston, Esquires; Grooms of his Majesty's Bedchamber.  
Right Noble and truly Worthy,  
UNDER whose protections could I more meritoriously commit this Dedication then to you, whose Noble hearts are so deeply stamped with the true mark of untainted honour, that your fair Names in the front of this Book, will be to it a strong Buckler, as well as a singular Ornament; For it is not the eminency of your greatness; that induceth me to this Dedication, but your admired goodness, 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 usual, favour, to learning and good endeavours, to honour with a kind acceptance this poor oblation; consecrated to your Worth: For such courtesies from you, will make you live again and flourish in your graves, Laurel springing from your ashes; while the disdainers of the Muses (which do abound in this degenerated Age, and like Worms in Libraries, seem only to live to destroy, root out, and banish Learning) will lie withered, neglected & forgotten; Therefore as the Poet hath, 
Let not our Worthy think, it is in vain,  
They by this means eternal Names do gain,  
The Muses do such Honour to them give,  
That when they die, their virtues most do line:  
But the enemies of learning, when they die,  
As in oblivion shut forgottenlie.   
Were it not for the Muses, our Names and Lives should at one time depart; and when fair Virtues worthy lovers dye, then do their memories survive eternally; 
Our guilded Monuments do soon decay,  
But Fame thus sounded shall endure for aye,  
Muses embalm our names with sweet perfume,  
Time's Odour, which no time can e'er consume.   
Accept then (most Noble and Worthy) of this small scantling of the Muse's services, by this Dedication, as courteously, as officiously it is humbly Dedicated and Consecrated upon the Altar of your Divine Virtues.   

A Discourse wherein is discussed this question, viz. Whether a Christian Magistrate may grant a Duel, for deciding of the matter when the true author of some fact committed cannot evidently be discovered.  
GENERAL principles & common notions, by which a man distinguisheth what is just and what is unjust, are of themselves so perspicuous, that it is in vain for any man to bestow pains in the proof of the same; But, particularities, on which the eye of justice ought to reflect, are oft times accompanied with sundry appearances, and are thereby rendered disputable: so, we say in a general proposition, that Murder is unlawful, but yet in some particular case, 
General principles are not to be gainsaid, but particularities are subject to argumentation.  it may from circumstances receive such a qualification, that it may be esteemed a lawful action; Universal maxims are like to Stars, their place certain and their motions regular and within their general extension, they comprehend inferior propositions. The Law eternal of God and of Nature, are two great lights which impart lustre and vigour to all the rest, but, when we come to Hypotheses, than 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 perpetual conflict of reasons as with so many counterbuffs of contrary winds. One disputes concerning an exiled man, a Banditti, to whom one promises pardon, in case he bring the head of one of his Comrades, he brings the head of his own father, that was one of the number, the question is, whether he ought to have the benefit upon the faith of the State assured and promised him, or be punished as a Paricid: If a man found asleep be charged to have committed a murder, there is required a very serious disquisition and weighing of circumstance and reasons before he be either condemned or acquitted.  
Now, if the question of Right (concerning what is just and what is unjust) 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 seen, that two men have 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 he had no interest, and yet when the true husband hath come and presented himself, the subtleties of the other were so acquaint, and his answers so pat and comformable that they have made the judges to stand astonished; The eyes of all Europe were a long time intent upon that pretended Sebastian of Portugal, and they that were most clear sighted were deceived in him: Oftentimes both Fact and Right, are liable to disputation, as in the cause of divorce between H. 8. and Katherine of Arragon.  
If the question be then of a fact which cannot be proved by any ordinary way, what shall the judges do to find out the truth? We have not Moses resident on the earth, who could consult with God himself, when he knew not to whom 
Ancient courses to find out facts, which could not be proved by an ordinary way.  the right of a controverted succession belonged: Nor the pectoral of judgement upon the habit of the great Sacrificer: Nor the water of malediction, which discovered the innocence or guilt of women suspected of Adultery: Nor the eye of Seers or Prophets, how gave answer themselves concerning smaller matters, as Saul searching his father's asses, went to Samuel to hear some tidings of them: Nor that Spirit, by which Elizeus discovered the avarice of Gehazi, and S. Peter, the lying of Ananias and Saphira.  
I will not speak at all of those unlawful ways, which many have late held to attain thereunto, no man would bring again into use, the proof by scalding water, wherein the Livonians put the hand of the accused party, or the 
Unlawful ways used for that purpose.  iron red hot, upon which one of the greatest Princess 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 give it him in this manner: The body of our Saviour jesus Christ enable thee to prove: More tolerable was that course which a judge took to end a controversy betwixt three brethren, who were at variance which of them was the more legitimate, he caused the body of their dead father to be unburied, gave them in their hands bows and arrows, and adjudged that he of the three that shot nearest his heart, should be held legitimate: Two shot, the third said that he had a great deal rather forgo his title, then to gain it at such a price; The succession was adjudged to the last, and if the proceeding were barbarous, the judgement was commendable. But these impious courses, which the Sun of justice hath chased into Hell, ought now thence to be called back again.  
Let us see then, if there rest any other extraordinary way, which may hold the place of proof: We find that in such cases, some have used casting Lots, and such as approve of a Duel, do easily allege this reason: That the Duel is one 
Lots.  kind of Lot, and by consequent practicable. Indeed thereby occasions wherein the Lot may take place; If two brothers have an inheritance to be divided betwixt them, and after each portion being equally divided, yet they may try by Lot to see which of the two ought to fall to the one or other. In a Senate if a place fall void, and many Citizens expect it, being of equal capacity to execute the same, the claymes of these competitors may be tried by Lot, for avoidance of many mischiefs: So did the Romans use to do in allotting their Provinces, 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 go; the examples wherewith holy Antiquity doth furnish us, to this purpose have some thing in them of a high strain, than the simple nature of a Lot can well bear; as one may see in the division of the Land of Canaan, and in the inauguration of Saul, in whose election it pleased God they should deal by Lot. But the matter which is properly in question is this; If a man may this way serve his turn, to find out the truth of a fact which is unknown unto us; and here again we have examples, but they are such which exceed the nature of a Lot. In ancient times amongst God's people, when it was evident that some crime was committed amongst them, the author whereof was not certainly known one cast Lots among the Tribes; from the Tribes, he came to the Families; and lastly it fell upon some one single man; so was he convicted that had taken things forbidden at the sack of jericoh; so jonathan was found out, having done contrary to the command of the King his father: so the Mariners came to the knowledge that jonas occasioned the tempest; If we were assured to find out matters so happily, or if God had given us his warrant, I could admit of casting lots in this nature, but we have nomore certainty to build upon, but the incertainty of the Lot. And yet this makes nothing in favour of a Duel; 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 Duel endangereth both, one whereof is innocent.  
We will then now speak of the Duel; and to the end, that no man may imagine 
Duel.  that possessed with a prejudicate opinion, we condemn it only, in regard of the name which makes it odious, we will accurately weigh all the kinds and differences; I well know that we are not to treat here of the fights wherein Gladiators & Fencers exercise themselves, for recreation of spectators; Moreover, we handle not that unheard fury of those, who to fulfil their particular revenge, or for some imaginary puntitio of honour, have waded so far in the effusion of blood; and sent so many souls to Hell: But the question here is of a Duel warranted by the Laws; agreed unto by the Sovereign, adjudged necessary in default of other proof, 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 Duel at their motions, for the determination of their difference.  
And that I may anticipate and obuiate many pretences, which might divert us from the state of the question: I acknowledge, that upon certain occasions the Duel is disputable, and upon others altogether necessary; See some examples:  
When an innocent man oppressed by the calumnious accusation of his adversary, is like to be condemned, in case he justify not himself by combat; some hold, it shall be lawful to accept this way; there being none other way left him to support his innocence. But, this proceeding cannot justify the judges; for if they have found him guilty, will the Duel make him innocent? and finding nought to convict 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 Duel whereto a man is constrained by the violence of one that sets upon him, is not of this nature. He that is assailed, may repel force, with force; it is a principle in nature and a privilege granted by the Laws; for the party assailed is not in case to invoke the assistance of a Magistrate, and the Magistrate is not in place to repel that oppression. But, what relation, or analogy hath this defence with the Magistrates absence rendered necessary, and which he ought to have forborn, if he had been in place with a Duel, which the Magistrate will authorize either by his presence, or by his approbation?  
Nor makes it to the purpose to allege the Duels which have been fought between Princes, which have determined their quarrels by the monomachy of man to man. The Crown of England was sometimes in that sort disputed, between Edmund Iron-side, and Canute the Dane: Edward the third offered 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 Queen, made offer to the Duke of Guise his competitor, to put a period to their difference by point of spear, his person against his, six against six, or hundred against hundred. I will not say, that it is lawful to a Prince so to hazard the head of the Commonwealth, and in his person, all the body of his Estate; but when this way is permitted them, it is, because Sovereign Princes have not any judge above them who can do them right, so that to obtain reason from their hands, who are elevated to as high a pitch of dignity as themselves; there is not any other way, but by arms; and these their doings have an outward show of charity: for a Prince will say, that he likes better to expose his own person to danger, then to see a bloody war that should swallow up many thousands of men, and give occasion of an infinite slaughter.  
And it may be that some people desirous to avoid a general conflict of nation against nation, have sometimes remitted their quarrel to a certain number of men, to be chosen by either side by them to be decided by combat. So three hundred Lacedæmonians fought against a like number of the Argiens'; three Romen against three Latins; and when David and Ishboseth, stood competitors for the Royalty; the two Generals joab and Abner, caused a combat between twelve Soldiers of the Tribe of juda against twelve of the Tribe of Benjamin. This kind of Duel is as it were an abridgement of the war, and yet not very justifiable.  
There is more appearance in this case, then in any of the cases afore mentioned. Two Armies are ready to fight, he that hath the right on his side, finds himself 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 event of this Duel; why should we all perish, and not rather make legal of this way and expedient, which perchance may give us the victory, or at least will save six thousand men's lives, and there can but one be slain?  
But this example hath no correspondence with the Duel, whereof we now treat, and one may not draw into consequence particular actions which are exploited in war, or in the consequence of war; especially in heat of battle, as H. 7. slew Richard, that enjoyed the Royal throne: and Adolphe de Nassau, died by the hand of Albert of Austria.  
Moreover, it matters not to allege that famous example of David against Goliath, of a young infant not having for defensive Arms other than his Shepherd's staff, and for offensive but a sling and a stone, against an old warrior, monstrous in stature; armed at all points, his spear and lance of a prodigious bigness, like the rest; had not David had in this particular an assurance of God's pleasure, it had been an extreme rashness to enterprise it, and to hope to overthrow so great a Colossus. Also that action is numbered amongst the miracles, but miracles are not wrought to serve as rules for our imitation, and we must consider the quality of these two Champions, and the occasion of the Duel: The one was an Israelite, the other a Philistin; they engaged themselves in the quarrel of two nations, and not for their particular interest; they were subjects to two several Princes, and of a contrary Religion, it was in the view of two Armies, and that of the Infidels was to yield themselves conquered, if the Giant were slain: In a word, beside that, it was supernatural, it was an action of War, and consequently lawful.  
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 bestial custom hath past as a Law, that the better title of Competitors consisteth in force, so that brothers entered not oft into their Father's inheritance; but by way of parricide, upon the dead carkasles of their nearest kindred, & with violence to some of their own blood: Sons themselves have been unnatural to their own Fathers, and constrained them to seek succour by Arms. But, let us see if a Duel may have place in the question of Fact.  
To prove the affirmative, these reasons following are alleged; That the war is without comparison more universally 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 folk, the desolation of widows and orphans, the spoil of tillage, demolishing of houses, ruin of villages, pillages and violence, which convert into a wilderness the most flourishing Kingdoms; and in a word all the mischiefs which war engendereth, and yet is by natural Right, That a Duel for proof of actions obscure and doubtful, hath been adjudged necessary by antiquity, which hath made the Laws, and approved by the suffrages of a great many nations, that the Christian world hath happily put it in practice, for no short space of time: That many differences cannot be otherwise determined nor many secret injuries come to light, but by this expedient.  
I acknowledge that war is one of the scourges of mankind, and may be of all others the most horrible: And those which have authority to make war, are bound to seek out all ways for agreement before they enterprise war, to employ the mediation of their allies, and to bring down their demands to an indifferent equality. But, when one is forced to enter into war all lamentable events, which accompany war are to be imputed to that party that hath compelled the other to such a necessity; especially, if the war is defensive, for he that fights only to defend himself, is not guilty of the miseries which may follow. For offensive war, oftentimes it is not necessary: a Prince or Estate, from whom a duty is detained have right to regain by this way. In the first war that was in the world the Patriarche Abraham armed all his house, to set at liberty his friends and kindred: War then is made warrantable by the law of necessity; now this necessity proceeds (as we have before specified) here-hence, because Sovereign powers are exempt from justifying their actions before any Tribunal.  
There is not a judge established amongst Kings to decide their differences, so that he which is offended by the other, can have no recourse but to the justice of arms. But it is not so amongst private men, for God hath given them judges, and yet not permitted such judges, who are no other extirpers of Battle, to grant the same to two parties at variance, to the end that they may do justice by their ownhands.  
We must mark also that war 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 justice of his cause; for otherwise it is not a war, but a public robbery, but in the Duel, two men are made to fight, who it may be kill one the other, without which one knows not which had the wrong.  
To conclude, war is authorised in Scripture by express ordinances, furnished with many rules, blessed by Moses prayers, practised by Prophets and Kings; approved by the Forerunner of Christ; honoured by the presence of the Ark; and governed by a Chieftain, that calls himself the God of Battles. But after a Duel we find not so much as the bare name mentioned.  
Concerning the Laws, upon which some found this Duel; we ought first to know, if such Laws themselves be lawful. A wicked Law, saith an ancient Father, is no Law, but a corruption of Law; 
Laws have enacted wciked things.  and a bastard law cannot legitimate an action, nor make a proceeding justifiable: otherwise, Why curse we the ancient Almains, amongst whom, theft hath its approbation, as an exercise of virtue? Why condemn we the Scythians, who imitating the West Indians, have their servant's buried alive with them, yea and their own wives? Why have we abrogated so many ancient Laws, made by our ancestors, and that have continued in use many ages? Is it not for that some of them are contrary to the Law Divine; others of them repugn the Law of Nature, and savour more of barbarousness, than humanity? The Law which decrees a Duel in default of proof, is found amongst the ancient constitutions of the Seliques almains, Danes, English, Normans, and other people of the west; from whom it is said to take its original. But, what were these Lawmakers, that have made this Law for us?  
Were they not such themselves, who decreed human Sacrifices to their false Gods, and spared not the offering up in Sacrifice of their own Infants? Were they not such who accounted those unfortunate men and women, to have an heroical resolution that died by their own hands? Were they not such which approved incestuous copulations, and that in a word made laws as it were in despite of God and Nature? But we are not to wonder if they decreed a Duel, in the question of Fact, seeing that the greater part of those nations, do hardly take any other course in affairs where the right is controverted, which notwithstanding is by all found fault with at this day. Froton King of Denmark, commanded that all differences arising in his Kingdom, should by combat be decided, and that is the reason, Why the Scythians who maintain their right by force, and have no other Religion, Law, nor justice then the sword; have accustomed to plant their grounds with trees, whereof they made their spears, and to adore them as a supreme Deity. chose, the Eastern people, whose moral Virtues and Civility we imitate; The Assyrians, Egyptians, Persians, Hebrews, and also the Greeks and Romans, never admitted of the Duel, but in fact of good war: This Law than ought to be examined by that which is the rule of all others, as being derived from God, for we speak not of particular ordinances which were in use only in the commonwealth of the jews, but of that eternal Law, expressed in the Sacred Writ, which remains in perpetual strength, & binds all kinds of nations, and when there happens a doubtful cause, if judges would preventthose resentments which their consciences will make them feel, they cannot know a better way than this, to wit, To judge an other by the same Law, which shall judge them all at the last day.  
The examples of Duels cannot be of better regard than the laws which produced them: England hath seen many fight in case of accusations of treason, and it matters not to bring many instances of this nature, whereof Histories are full: Francis the first, King of France, would never 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 whereof can come no good. His successor H. 2. (who died after by a blow received in Tournament) granted a duel, but amongst a thousand of these combats one shall hardly find two which have 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 Duelists, so that it is oftener an act of Tragedy, then of true justice.  
Before I answer the Objections, which may be alleged, we will encounter this Duel with these arguments following.  
1. Section, It is certain and cannot be gainsaid, that this way is casual hazardous, and by consequent deceivable, I acknowledge that humane actions which are various, contingent and infinite cannot prove themselves with so much certainty, as can Mathematical conclusions, which have infallible demonstrations; ever some incertainty goes a long with proofs. One and the same action shall oftentimes be disguised in so many several shapes, that the Eye of justice cannot discern the true figure, the witnesses may be liars; Oaths, false; Writings, counterfeit; judges, corrupt; and the parties own confession, oftentimes betrays their own innocence: It hath been seen that some weary of an irksome life, have voluntary accused themselves of crimes which they never committed; the Torture hath sometimes caused men to say that which never was; and many also dave endured it, which have stood in maintenance of deeds as false, as falseness itself: What then can judges do always 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 contain themselves within the bounds by good Laws prescribed, they cannot err, when upon the deposition of two or three witnesses, not to be excepted against; it chanceth that an innocent is condemned: the conscience of the witnesses is guilty, not that of the judge, for he hath proceeded, according to Laws Divine and Natural; but if such a mischief happen through his steering other courses, than such as the Law of God hath commanded him, how can he hope that that Law will serve to warrant his proceeding; And beside, the testimonies and circumstances, which often are suborned, yet have a natural relation with the Fact; but things in their own nature casual, cannot give any intelligence hereof: What a brutish proceeding then is it to cashier justice, which is Sacred; for to entertain the vanity of a thing contingent casual and abusive? Is it not just as if one should put all to chance, as the Democritusses of our age use to speak?  
2. Section. This proceeding is contrary to the fundamental principles of justice, which adjudge the right not to him which hath the stronger body, or which hath more dexterity in his weapon; but to him that is known to maintain a just cause, yet it is a thing thereby and conformable to the order of Nature, that the strong should overcome the weak, so as it happens the weaker man though innocent, is conquered by the power of his stronger adversary. All the precautions which may be used (as the giving them arms alike, and the taking away of all advantages from either party) cannot so perfectly equalise their forces, their dexterity, their spirit, their courages, but there will ever be an inequality. And moreover, a man is not at all times in like strength and during the passage of such an action a beam of the Sun; the shaking of a leaf, a little sand blown in the eye, or under the feet, a sudden object, a cloud in the air, a fright, a thought may undo one of the parties: but letting pass all this is it not always a course opposite to justice, to judge a man more by the success of his sword, then by the goodness of his cause?  
3. Section. And to answer to the objection, that the cause is a doubtful cause, and that the single combat is decreed to dilucidate and manifest the same; let us see what will be the event herein: Either the two combatants escape, or both of them stay upon the place, or only one of the twain, if it chance they be separate upon equal advantage, what proof will the Duel afford us? Shall the truth of the Fact be for ever unknown? Then to what purpose served it to endanger their lives, when some other way of atonement might have been found out? Had it not been better to have taken this known course, then to rejoice in their destruction, and engulph them into danger? And if both remain dead in the field, what proof will that make? How shall truth appear to us, when their misfortune is equal? Shall we attend till their ghost, from beneath, rise to accord matters after their death? Or if the one terrified over his adversary and having his dagger held at his breast confess himself guilty, who can assure us, that this acknowledgement is wrung from him, more by the force of virtue, then by the fear of death? Or if he that lies grovelling on the ground, weltering in his gore, nor hoping aught, nor fearing aught in this world, persever in the protestation of his innocence, and dye making such assertion, what shall we judge in this case? The judges give their suffrage to the conqueror; but I believe in their consciences they adiuge the right to the vanquished. A dying man's last words are of more validity, than many witnesses; it is not to be presumed that a Christian would stain his life with so criminal a falsity and ad to the overthrow of his body, the perdition of his soul also; It remains that we hold it not strange, though God permit the innocent to be vanquished, who though for aught beside he be not guilty, hath deserved this chastisement, for defending his innocence by this unlawful way; but this excuseth not the Promovers or Directors of this action, but more aggravates their fault.  
4. Section. For as it is certain, that of two contending, the one of necessity must be innocent; his life is equally endangered with that of the guilty: Equity, and humanity direct us that it were better to pardon a guilty man, then endanger an innocent, but we see both are obnoxious to the same danger. As a Turkish Sultan, that cut up the stomach of thirteen of his Pages, to know which of them had taken and eaten a certain Melon, and would have exercised that barbarous cruelty upon threehundred more of that band, if in a good hour for them, that fatal fruit had not been found in the stomach of the fourteenth man.  
Some will say, that they condemn them not to dye; But at least it is apparent that they adjudge them to enieopard their lives; which if they escape, that is no thanks to the Law, which bound them to run the hazard; for that bloody Law itself ordaineth, that the vanquished, if he die not by the hand of his Antagonist, be dispatched by that of the Executioner. When one enjoines a man to fight with Lions, or Bulls, upon condition to acquit him, if miraculously, or by some extraordinary relenting or gentleness, he free himself from the paws of those furious Beasts; is not this nevertheless a condemning a man to the danger of death? Or when one experiments the force of a poison upon 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 poison; is not this a kind of condemnation? In the Duel, than two men are exposed to undergo this danger; is not this a monstrous injustice? For ordinarily a man is condemned, because proof is brought in against him; but here quite contrary, a man is condemned; though nothing be proved against him: one is condemned, I say, to hazard that which no man can restore again, I mean, his life; If any man object that in war, a Soldier who stands suspect of some fault, is commanded to be the first that should scale a breach, orto seek out some dangerous place, or to undergo some other service full of danger; I answer, if that man be in fault, the ordinance cannot be taxed of injustice, that assigns him such an expiation; but if he be innocent, yet is there no wrong done him, in so much as the law of arms may command men of more eminent rank; who are bound to sacrifice their lives for the good of the common weal. And therefore we must again be mindful of the difference betwixt a Duel, and those actions; which are atcheived in the wars. Moreover, a Soldier, or Officer being suspect, or accused of treason; there can no better course be taken to know the truth, then to make a trial, by some service; which may either manifest his perfidiousness or loyalty; for such actions disclose the inward intentions of a man, by a natural dependence, and produce effects of like nature unto the Fact, which cannot be certainly decided: But in a Duel there is no jot of likelihood, that any proof should appear thereby amongst such as profess themselves men: for can we in any reason draw this conclusion, that one man is a traitor, because an other hath killed him.  
It may be too, some will say, that this Duel is not by command, but only upon sufferance, that the two parties themselves request it, and they being agreed, there is no wrong offered them, seeing, it is their own will and seeking: To which I say only this, that it is the office of the Magistrate to cohibit and restrain the passions of particular men, and not to comply with their desires of killing one another. In ancient time, in some Commonweals, there was an ordinance made for the disparagement, and disgrace of such that kill themselves by their own private authority; and the purport of the Law, was, that if any one desired death, he should make his repair to the Magistrate, who having heard what he could say; judged if his request to dye were reasonable, and it being granted so to be; gave him leave either to hang himself, or cut his own throat; otherwise, it is a crime to dye without leave. But the public Magistrate ought rather to rhene in the fury of the enraged, then give them a pastport to slay one another; otherwise, to permit a murder, is to commit it.  
5. Section. Now, as we know that the intention of each of the two, is to kill his adversary, in case he deny not his words; if it chance that this fatal Lot fall upon the innocent; can the Conscience of the judges find reasons sufficient for their excuse? Shall not the blood return upon their faces, & they never be quitted of this aspersion: And it will not serve their turns, to say they had no such intention, for they cannot deny to have exposed the innocent (which soever of the two he were) to a desperate condition, to have engaged him in a Combat, and to have given authority to the hand that perpetrated the murder.  
6. Section. Nay, I say more, that if two criminal persons, duly attainted and convicted be condemned to death, the Magistrate cannot in good Conscience assign a Duel, that they may slay each other, for that were to make them executors and homicides of themselves: but in a Duel (whereof we treat) it is far worse, for here the innocent shall be the butcher of the nocent, or (which is more horrid) here the guilty shall put to death the innocent, or, which falls out there, they are both in peril to be butchers of each other.  
7. Section. To say that in a Duel, we await what success God will send, is a frivolous excuse; ill proceedings have sometimes good success, but that is by accident: We are not bound to Pilate for having condemned jesus Christ; hoping that God will pardon our proceedings. And more, who hath told us that God will adjudge as we desire; to wit, to the advantage of the innocent? Think we that God is bound to conform himself to our intentions, and to execute our sentence? Or if it be only to see what he will do therein, is not this impudently to tempt him, and to make an encrochment upon his hidden judgements?  
8. Section. But it is yet more cruel; To what danger are their two souls exposed? If one of the two be slain in the field, what shall become of that soul, which departs out of this World: also swollen with vengeance, all set on fire with deadly rancour, fretting in his own gall and thirsting after the blood of his neighbour? Is it likely to be received into the bosom of the Patriarches? Why then do we hazard so swiftly the salvation of a soul, which the Son of God bought so dear, and which cannot be bought again; but at the price of so many tears, which he hath shed with great cries, and of so much blood he hath shed to wash it? Think we not that he will demand it at our hands?  
9 Section. Let us oppose to this barbarous law, the stipulations of Christian Divines, who call this Duel, an invention of him that hath been 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 us oppose against it the Canons & Law of the Church, which have thundered forth anathemas, and Excommunications against these bloody homicides; and which have prosecuted their very ashes, denying them Christian burial, and condemned their memory as abominable and worthy to be execrated.  
10. Section. Finally, let us not oppose the Laws of God, which have vouchsafed to descend to actions of less consequence. These holy Laws forbid to speak wrong of a deaf man, to lead the blind out of the way, to mouzell the Ox that treadeth out the corn, 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 Duel? judicial proceedings are there well prescribed at large, and in diverse places; and upon what proofs judges ought to found their judgements. The same in Fact of accusation, and touching Delators. The verbal 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 affirms to be an end of Controverfies, Hebr. Chap. 6. vers. 16. And an Oath is ordained in case of goods deposited, Exodus Chap. 22. vers. 8. Writings and Seals in matters Civil, jerem. Chap. 21. The confession of the guilty, josua Chap. 7. ver 19 Presumptuous and strong conjectures; as when Solomon adjudged the Infant to her that was more willing that another woman should enjoy him all, then to suffer him to be cut into halves; But concerning proof, or decision by Battle, our Saviour hath not advised thereof, so that he hath made no rules concerning Barriers; the equality of the Arms, the calling to the Combatants; the going down of the sun, the silence of the Spectators, and other circumstances. In a word, this fight reduced into an art is none of his invention. Also amongst all the Great courages, which the Holy Story commends to us; and amongst them, which often had many particular quarrels to fight; we cannot find the practice of this Duel.  
David 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 David did never demand the combat to right his innocence, and to make this impostor swallow his lie; for, as concerning what he did against the Giant, we have seen, that that action was of another nature; and from this we may conclude, that the Duel is a crime, for whatsoever we find unwarranted by precept or example in the Scripture, is without Faith; now whatsoever is done without Faith, is a sin.  
11. Section. Let us add to this, that when the truth of a Fact, cannot be manifested by lawful means it is a tempting of God to be obstinately bend by fiery force, to know that which he would have hid from us; but it is a bloody boldness, to seek for the truth in the blood and in the heart of a man, like those wretched souls, that sacrifice humane Creatures to know by their entrails, and shall often get nothing, but resentment & repentance upon the whole matter, if it chance the fact be manifested afterward, when the mischief is past repair: as hath been seen in the famous example of two men, one of which charged the other to have committed theft; they fought in single combat; the party accused was slain; some short time after, the theft was found in the hands of a third party that was guilty thereof. The judges cannot now raise again the poor innocent, but must suffer the sting of Conscience, all their life long.  
12. Section. And lastly, let us see if a Duel be to any purpose, for the determining of a difference; what inconvenience can ensue upon a difference undecided? It may be the two parties may be fight continually; Is it then fit to make them kill one another to day, to the end, they may not do it at another time? or is it better they should be slain with ceremony to the end, they may dye by privilege? The remedy is worse than the mischief, and it is worth laughing at, were it not an offence to God. If this way of a Duel be lawful between two persons, why shall it not be used between two families upon like occasion? and evermore the most barbarous never liked that Magistrates should permit a Combat between two kindreds or two families, the consequent would extend to the whole commonwealth; and lastly, one part of the Estate would destroy the other, which would prove the Forerunner of desolation: In a word, this course would extirpate all Seats of justice, and overthrow all order and polity.  
What then is the duty of judges in such like occasions? I say not that they should do as that judge, that being not able to give his resolution in a Capital matter; and fearing to do wrong to the one, or the other, would not give a definitive Sentence; but decreed only that the parties should appear within a hundred years, to abide what should be judged to be right: A term long enough and such as would free them from Court, and process unless some other judge had interposed himself in the matter. But to speak seriously, the judges cannot be ignorant what is prescribed unto them by good Laws, to wit: That in every doubtful case, the Accused aught to have the advantage, and that he must pronounce in his favour: That the Accuser not proving the crime objected; the Party charged aught to be acquitted. This rule of Law is equitable and approvable; If he err in steering other course, pure Innocence shall reside in more security in the Dens of Lions, in the Forests, or among the Dragons of the Wilderness, then in the Palace of justice. There is nothing so easy as to accuse, and calumniation with a brazen forehead, an impudent throat, and audacity to persist in leasings, are such things as ever over whelm the modesty of the innocent.  
Yet nevertheless, I acknowledge that when a crime touching the Estate in question, many reasons there may be, wherefore one ought not ever to bind the Informer to all the strictness which are used to accusers that fail to prove their accusations; if a crime of this nature come to my knowledge and I discover it not, I make myself guilty; and if the fact come to light, at any time, by another means; my silence will be enough to hang me. It stands the State upon, that there be a moderation used in this behalf: To impose silence at all times, to Delators, that are not able to prove; would Produce but bad consequences, for many conspiracies would be plotted, with more audacity and security. In all Estates it is permitted to whomsoever he be to discover crimes, by a secret way: hence it is that an Informer, or Delecter of some Crime, write down in some scroll (without telling his Name) the Crime, the Authors and Confederates, and all circumstances, which are come to his knowledge; he cast this scroll into a Trunk, which is placed within certain Churches for that end; the Magistrates coming to see the Trunk, find many relations, which serve them to discover great mysteries: Now though this way be not free from inconveniences, and that there can be no proof made thereby (the informer being unknown) this good comes thereby, that many hidden practices, which otherwise had not been brought to light, are by this discovery divulged. The Prince makes his observations of things thus discovered, and the discoverer being unknown, remains in security; I conclude, that a wise Prince having regard to the condition of the parties, to the consequences, and other good respects may conserve unstained 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 give himself the lie, and by consequent to surcease, but this moderation may be used, to wit, that one content himself to say; That he may not go forward in a fact without proof, yet it were fit to enjoin perpetual silence, and never more to complain under a great pain.  
Be it as it will, of all expedients, which one can take, the Duel is the worse. This way is practised by men barbarous and unnatural; it is casual and deceitful: It profanes the sacredness of justice: It overthrows universal Maxims: It produceth no certainty: It puts in jeopardy the Innocent, as well as the guilty: It tempts God many ways: It makes men slayers of their neighbours and themselves: It cousin's men of salvation, and carries their souls 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 practice of the faithful. To conclude, it is a poisonous antidote, more pernicious than the mischief, which one should prevent. And when it produceth the fruit desired, it is wretched fruit must be purchased at such a price. David in his sickness earnestly desiring to drink of the Wells of Bethlehem; two Soldiers, would have hazarded their lives to fetch some, he protested he would not drink the blood of those men. Nothing is so sacred as the blood of a Man, and the blood of Beasts is not employed but in Sacrifices. Let us not forget the Law expressed in the 21. Chap. of Deut. concerning the manslaughter unknown, and the expiation thereof in the stony valley. The solemn prayer which was made in that ceremony, may be applied to the subject of our discourse: O Lord be merciful unto us, and lay not innocent blood to the charge of thy people.   

THE MANNER AND form of Combats anciently observed before the Kings of England.  
WHen upon the exhibit of the Bill in Court before the Constable, the Appellant fails in the proof of his Appeal, and cannot by witness nor any other manner of way make the right of his demands appear, he may offer to make proof of his intent upon the Defendant with his body by force: And if the Defendant will say, he will so defend his honour, the Constable, as Vicar general in Arms (for so is my Author) under the King, hath power to join his issue by battle, and to assign the time and place, so that it be not within forty days after the issue in that manner joined, unless the agreement of the parties give themselves a shorter day. And upon the joining of the issue by Combat, the Constable shall signify to them their Arms, which are, a Gauntlet and short Sword, and a long Sword and Dagger: And then the Appellant and Defendant shall both find able pledges for their appearance at a certain time and a day set, before the Sun be come to some one degree certainly named, to acquit their pledges, and the Plaintiff to make proof of his charge; and the Appealee to make the best defence he can for his honour, and that in the mean time neither of them, by themselves, nor by any well-willers of theirs, shall lie in ambush to assault or work any grievance to the other.  
The King shall find the field for performance of the Combat, which must be sixty foot in length, and in breadth forty.  
It must be a hard, and firm ground, nothing stony, and listed about, by the advice of the Marshal, with good and serviceable railing. There must be two doors, the one in the East, and the other in the West; each of them of the height of seven feet or more, so that a horse cannot leap over them; and these doors are to be kept by the Sergeant at Arms.  
On the day of the battle the King shall sit in a Chair mounted on a scaffold, and a low seat shall be made for the Constable and Marshal 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 themselves the King's prisoners, until the Appellant and Defendant are come in, and have made oath.  
When the Appellant comes to the field, he shall come to the door in the East armed, and so appointed as the Court did order, and shall there attend the coming 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 bears, and the cause of his coming.  
The Appellant shall answer, I am such a man, A. of B. Appellant, who am come mounted and armed as you see, to the door of these lists, to demand an entry, to make an endeavour to prove my intent against C. of D. and to acquit my pledges.  
Then the Constable, taking up his Beaver, so assuring himself he is the same person who is the Appellant, shall throw open the door, and bid him enter in his Arms, with his victuals, and other necessary attendance, and his Council with him, and shall then bring him before the King, and thence to his seat where he shall attend until the Defendant come.  
Then the Appellant shall make a request to the Constable and Marshal to discharge his pledges; and the Constable and Martial shall inform his Majesty, that since the body of the Appellant is entered the lists to make proof on his Appellee, his pledges by Law ought to have a discharge. And after leave granted by the King, the Constable shall discharge them. If at the time apppointed, the Defendant comes not in to his defence, the King doth command the Constable to call him by the Marshal; And the Marshal shall command the Lieutenant; and the Lieutenant shall command the Marshal of the Heralds of the South; If it be in the March of Clarencieux; & if the Marshal of the Heralds of the king of the South be not there, than a Herald of the March of King Clarencieux shall call him. And if the performance of the Battle be on the North side of the river of Trent, in the March of king Norrey, the Marshal 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 have undertaken this day, to acquit your pledges in the presence of the King, Constable, and Marshal, and defend yourself against A. of B. in that he shall question and charge thee.  
And if he appear not, he shall be in like manner thrice demanded at the four corners of the lists; only the second time he is proclaimed; at the end the Herald shall say, The day is far passed. So at the third time, the Herald at the half hour after three of the clock in the afternoon, by the commandment of the Constable, shall thus summon him.  
C. of D. Defendant, save your honour, and come in to the action you have undertaken at this day; the time is far gone, the half hour is spent; come into the lists upon the peril that shall follow thereon, or else you come too late.  
Then when they have both appeared, the Register of the Constable's Court shall in writing observe their entrance, the order, and time, and the manner, whether on foot or mounted, their Arms, the colour of their horses, and how their horses are harnessed, lest their horses, or their harness should be changed, or otherwise embezzled.  
Then the Constable shall know whether it will please the King's Majesty to appoint any of his Nobles to counsel and advise them.  
The Constable shall employ two Knights or Esquires to the Appellant, to keep his standing, and to care that he observe no charm, spell, or other ill Arts, until he hath made oath; and with the like charge, two others shall be dispatched to the Defendant.  
And when the Constable hath asked his Majesty's pleasure, whether his Highness will receive their oaths in person, or that the Constable and Martial take them in the lists, calling for the Appellant, with his Counsel, he shall demand of the Counsel, 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 received.  
Then the Constable shall have a Clerk ready by him with a book; and the Constable shall cause his Register to read the whole Bill to the Appellant, and shall say to him,  
You A. of B. do you know this to be your Bill, and the complaint which you exhibited in Court before me? Laying your right hand upon this book, you must swear the truth of your Bill in all points, from the first to the last charge in it, and that it is your intent to prove upon C. of D. the contents thereof to be true, so aid you God.  
The form of it is thus, Thou A. of B. this thy Bill is sooth in all points and articles contained therein from the beginning to the end; and it is thine intent to prove them this day so to be, on the aforesaid C. of D. So God thee help and hollow.  
This done, the Appellant is remanded to his stand.  
The Defendant shall be in like manner sworn upon the truth of his defence.  
And this their first oath they ought to take kneeling; but by the favour of the Constable and Martial they sometimes do it standing.  
Then the Constable shall by the Marshal, call the Appellant before him, and tender him his second oath, which (if the Constable give leave) he may take sitting.  
A. of B. laying your hand on the book this second time, you shall swear that you come no otherwise appointed then as by us the Constable & Martial hath been assigned; that is, with a short Sword, and a Gauntlet; a long Sword, and a Dagger; that you have not any knife, or any other pointed instrument or engine, small or great; no stone, no herb of virtue; no charm, experiment, or any other enchantment, by whose power you believe you may the easier overcome your adversary, who within these lists shall oppose you in his defence; and that you trust not in any thing more than in God, your body, and the merits of your quarrel; So God you help.  
Then being conducted to his place, the keepers of the lists shall be put out, and the Defendant in the same manner shall be demeaned.  
Then the Constable and Martial shall send for them both before them, and the Constable shall name the Appellant and Defendant, and shall say to them both thus;  
Take ye each other by the right hand, and I command that neither of you be so hardy as violently to handle one another, upon your peril; and laying their left hands on the book, the Constable shall say,  
I charge you A. of B. Appellant, by your faith, and your right hand, which is enclosed in the hand of your adversary C. of D. that you use your power, and make use of all advantages to make good your appeal upon C. of D. your enemy, the Defendant, to force him to a rendering of himself into your hands by demanding of a parley, or with your own hand to kill him before you depart out of these lists, by that height of the Sun, and age of the day you have assigned you by us the Constable and Martial, by your faith; And so God you help.  
The same form shall be observed on the part of the Defendant; and then they shall be brought each of them to their places, the lists cleared of the Council and servants on both sides.  
The oaths thus past, an Herald by the command of the Constable and Martial, shall make Oyes thrice, and shall say,  
We the Constable and Marshal in the King's name charge and command every man of what quality or condition soever he be, that he approach not within four foot to these lists, nor that he speak any word, make any noise, give any sign, nor by his countenance or otherwise direct either of these parties, A. of B. or C. of D. Appellant and Defendant, to take any advantage the one upon the other, by any sign so given, upon pain of life and member, and the forfeiture of his chattels.  
Next, the Constable and Martial shall assign the place where the king at Arms and the Heralds standing may have 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 have either desire to eat or to drink of their victuals they bring with them into the lists, it is the office of the Heralds to be attending upon them. If the Appellant will either eat or drink, he must first desire the good leave of the Defendant, which shall be by a king at arms signified to the Constable and Martial, and they to attend his Majesty with the desire of the Appellant, and the consent of the Defendant, and pray his Majesty's allowance of it. And if either the Appellant, or the Defendant have a necessity to do any other thing, the Heralds and the Pursuivants shall attend them.  
After this the Constable and Martial freeing the lists from people of all conditions, except a Knight and two Esquires of the Constable's train, and the Lieutenant; a Knight and two Esquires of the Marshal's retinue, which shall be in Armour, bearing Lances in their hands, which are not to be barbed with any iron, to part them when his Majesty shall give the word.  
These Knights and Esquires are neither to bring swords, knives, bows, nor daggs into the lists.  
They of the Constable's side are to keep one corner of the lists, and there lay themselves flat on the ground: and in like manner shall they of the Marshal's side bestow themselves at another corner of the lists; for none may appear upright within the lists save the Constable and Martial.  
And if the King be not present, than the Constable and Martial shall sit in the place of the King, and the Lieutenant be within the lists.  
But if the King be present, than the Constable sitting upon a seat before the King within the lists, as the King's Vicar general, shall command his Lieutenant to accompany the Appellant, and the Marshal or his Lieutenant with the like respect shall accompany the Defendant.  
And the Constable sitting at the foot of the seat Royal, shall speak with a loud voice; Let them go, let them go to do their endeavours.  
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 Martial, or their Lieutenants, aught to be within hearing, and also within sight, if in case either of them speak, or make any sign he will renounce his quarrel; or if the King's Majesty say but Ho, or give any other signal, than they who are within the lists with the Constable and Martial, throwing their Lances betwixt the Appellant and the Defendant, and so parting them, they shall not give way to either of them to assault the other, until the King command they be free, or that the Constable declare his Majesty's pleasure to be so, by saying, Let them go, the King wils it.  
Notwithstanding that the Constable hath given the Defendant a set time to come in to his performance, yet, in case he cometh not according to the appointment of the Constable, of right, judgement shall not pass against him upon his default, until the first half hour after three of the clock be clearly passed, let the cause be treasonable or otherwise.  
But the Appellant whose suit it is, aught to be there at his precise time, when the Constable shall first demand him, else his pledges have forfeited their security.  
The Appellant and Defendant shall be searched by the Constable and Martial, their weapons and arms questioned in all points, that they be avowable, and no engine or device not honourably justifiable in them. And if they find any such practice, the party shall be outed of that weapon: for, reason, civility, and the law of Arms will upon no condition, in acts of this high performance, admit of treachery, or base conspiracy.  
The Appellant and Defendant shall, as they themselves agree, cloth their bodies; for that is left to themselves, only the Constable shall examine that they both have the same Armour, or other defence upon his body.  
If one of them desire his sword to be shortened, so that it be shorter than 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 than the standard allows, at the day of the action within the lists, either of them may demand to have his weapon made to answer the standard, and the other is in honour bound to make his conformable, being a demand lawful, not upon fancy, and tasting of no private way or advantage.  
Now the Constable and Martial are to beattentive to the King, if his Majesty shall please to command the Combatants should be parted to take breath, or for any other purpose; and in any case they must have especial care how they part and divide them; and that at the time when they interpose, they be 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 Martial shall not suffer them to whisper, or have any private discourse; for they are the witnesses, and in their breasts lies the record of their words, and in no other place.  
And if the battle be grounded on a cause of treason, he that is convicted and discomfited, shall be disarmed by the command of the Constable and Martial, one corner of the lists broken down in disgrace of the party becoming recreant, and being fastened to a horse, shall be dragged from the place where he so lost his Arms to the block, and have his head severed from his body, or be hanged by the neck, or otherwise, according to the several usages of the Country.  
It is the office of the Marshal 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 convicted, and becometh a man vanquished in his proof, that he incur the same pain and hazard the Defendant should have done:  
But if the cause be any other crime than treason, he that is so by the body of his adversary convicted, shall lose his Arms within the lists, and thence be led out to the place of his suffering, which is directed by the usage of the Country; and this aswell of the Appellant as the Defendant, as aforesaid; only he shall not be dragged, nor the rails broken, unless it be in case of treason, and not otherwise.  
But if it be merely an act of Arms, a trial by challenge allowed by the grace of the King, Constable, and Marshal; he that in such a Combat confesseth himself vanquished, shall be disarmed, degraded, and being led to the skirt of the list, he shall be tossed and thrown over the bars, without any further punishment.  
If it please the King to take the difference, and the judgement thereof into his own hand; and command them to be friends without any further controversy: Then the Constable taking the Appellant, and the Marshal the Defendant, shall bear themboth before the King: And the King shall by the Constables signify his pleasure unto them; Then they shall be both of them lead together unto one of the gates of the lists, and be so conveied out of the lists, in all points as they entered the lists; and shall be so conveied 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 quarrel; it were dishonourable that either of the sides, in a Battle withdrawn by the word of a King, should suffer any dishonour, the one more than the other. And the ancient tenet and opinion hath been, that he that is first out of the Lists suffers a diminution of honour, the field being his in honour, that is last possessor of it; For, he maketh it good.  
There aught to be double lists for the servants of the Constable and Martial, and for the Sergeant at Arms of the King, who are to attend, and defend, that no offence, affray, outrage, or other misdeameanor against the Cries, made only in Court be committed or suffered, or any affront that may be meant against the King's Majesty, or the Laws and honour of Arms. These men ought to be in complete Arms.  
The Constable and Martial, may bring what power they please with them into the field, and those either Armed, or otherwise, at their Election.  
The King's Sergeants at Arms shall be the keepers of the Doors, and Portals of the Lists; and they are to make all Arrests by the Commandment of the Constable and Martial; and such so arrested to assure.  
The fee of the Constable is their steeds, and Arms, and all that they bring with them into the lists, save only those wherewith they fight; And of the party overcome, all his Arms and other things of Combat, are the right of the Constable.  
The fee of the Marshal, is only the Lists, Bars, Seats, and other works for that spectacle.   

A CATALOGVE OF CERTAIN COMBATS, GRANTED BY THE KINGS OF ENGLAND.  
EDMUND of the Race of West Saxons, fought in Combat with Ganutus' King of Denmark, for the possession of the Crown 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 he in a journey toward Wlaes', near unto Colshill, threw away the King's Standard, saying the King was dead, and turned back those that went to the King's succour. Henry denied the accusation, so as the matter was to be tried by Combat: The place appointed for fight, was a little Isle near unto Reading. In this Combat, Henry was vanquished, and fell down dead, and at the suit of friends, licence was obtained that his body might be buried by the Monks of Reading. But it happened that the said Henry recovered and became a Monk in that Abbey. Anno 1163. In the reign of King Henry the second.  
Henry Duke of Hereford, accused Thomas Mowbray Duke of Norfolk, of certain words by him spoken, as they road between London and Brainford, tending unto the King's dishonour. Thomas Duke of Norfelke denied to have spoken any such word, but Henry affirming his accusation, the King granted the Combat, to be performed at Coventry the seventh of September, 1398. Anno Rich. 2. but the Combat was not performed, for the one, and the other party was banished the Realm.  
A combat was fought at Westminster in the King's presence, between john Ansley Knight, and Thomas Catrington Esquire, whom the said Knight had accused of Treason for selling the Castle of Saint Saviour, 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 unto an Esquire borne in Navarre, to fight with an English Esquire called john Welsh, whom the Navarrois accused of Treason. But the true cause of the Navarrois, his malice was, that the said Welsh had dishonoured his wife as (being vanquished) he confessed. The King gave sentence he should be drawn, and hanged. Anno 1344. Rich. 2.  
A Combat was fought between Sir Richard Wooduile, and one other Knight borne in Spain. After the third blow given, the King stayed the fight. Anno 1441. Henric. 6.  
A Combat was granted unto john Viscount borne in Cypress, and Thomas de la Marsh Natural son unto Philip King of France, in the Reign of King Edward the third at Westminster.  
There was also another Combat, granted by the said King Edward, which was fought near Barwick, betwixt Sir john de Sitsilt, and Sir john de Faukenham, concerning those Arms borne now by the honourable Family of the Cecils; The Coat was challenged by Sitsilt, but worn by Faukenham; They began the fight, but it was soon determined by the King.  
FINIS.