and besides, it passes not amiss sometimes in government, that the greater sort be admonished by an example made in the meaner, and the dog to be eaten before the lion.  Nay, I should think, my lords, that men of birth and quality will leave the practice, when it begins to be vilified, and come so low as to barber-surgeons and butchers, and such base mechanical persons.  And for the greatness of this presence, in which I take much comfort, both as I consider it in itself, and much more in respect it is by his Majesty’s direction, I will supply the meanness of the particular cause, by handling of the general point; to the end that by the occasion of this present cause, both my purpose of prosecution against duels and the opinion of the court, without which I am nothing, for the censure of them may appear, and thereby offenders in that kind may read their own case, and know what they are to expect; which may serve for a warning until example may be made in some greater person, which I doubt the times will but too soon afford.

Therefore, before I come to the particular, whereof your lordships are now to judge, I think the time best spent to speak somewhat (1) of the nature and greatness of this mischief; (2) of the causes and remedies; (3) of the justice of the law of England, which some stick not to think defective in this matter; (4) of the capacity of this court, where certainly the remedy of this mischief is best to be found; (5) touching mine own purpose and resolution, wherein I shall humbly crave your lordships’ aid and assistance.

For the mischief itself, it may please your lordships to take into your consideration that, when revenge is once extorted out of the magistrate’s hands, contrary to God’s ordinance, mihi vindicta, ego retribuam, and every man shall bear the sword, not to defend, but to assail, and private men begin once to presume to give law to themselves and to right their own wrongs, no man can foresee the danger and inconveniences that may arise and multiply thereupon.  It may cause sudden storms in court, to the disturbance of his Majesty and unsafety of his person.  It may grow from quarrels to bandying, and from bandying to trooping, and so to tumult and commotion; from particular persons to dissension of families and alliances; yea, to national quarrels, according to the infinite variety of accidents, which fall not under foresight.  So that the State by this means shall be like to a distempered and imperfect body, continually subject to inflammations and convulsions.  Besides, certainly both in divinity and in policy, offenses of presumption are the greatest.  Other offenses yield and consent to the law that it is good, not daring to make defense, or to justify themselves; but this offense expressly gives the law an affront, as if there were two laws, one a kind of gown law and the other a law of reputation, as they term it.  So that Paul’s and Westminster, the pulpit