that he would kill a young man, and if it were to his hurt; so as I see no difference between an insidious murder and a braving or presumptuous murder, but the difference between Cain and Lamech.  As for examples in civil states, all memory doth consent, that Graecia and Rome were the most valiant and generous nations of the world; and that, which is more to be noted, they were free estates, and not under a monarchy; whereby a man would think it a great deal the more reason that particular persons should have righted themselves.  And yet they had not this practice of duels, nor anything that bare show thereof; and sure they would have had it, if there had been any virtue in it.  Nay, as he saith, “Fas est et ab hoste doceri” It is memorable, that which is reported by a counsel or ambassador of the emperor, touching the censure of the Turks of these duels.  There was a combat of this kind performed by two persons of quality of the Turks, wherein one of them was slain, and the other party was converted before the council of bashaws.  The manner of the reprehension was in these words:  “How durst you undertake to fight one with the other?  Are there not Christians enough to kill?  Did you not know that whether of you shall be slain, the loss would be the great seignor’s?” So, as we may see, the most warlike nations, whether generous or barbarous, have ever despised this wherein now men glory.

It is true, my lords, that I find combats of two natures authorized, how justly I will not dispute as to the latter of them.  The one, when upon the approaches of armies in the face one of the other, particular persons have made challenges for trial of valors in the field upon the public quarrel.  This the Romans called “pugna per provocationem.”  And this was never, but either between the generals themselves, who were absolute, or between particulars by license of the generals; never upon private authority.  So you see David asked leave when he fought with Goliath; and Joab, when the armies were met, gave leave, and said “Let the young man play before us.”  And of this kind was that famous example in the wars of Naples, between twelve Spaniards and twelve Italians, where the Italians bore away the victory; besides other infinite like examples worthy and laudable, sometimes by singles, sometimes by numbers.

The second combat is a judicial trial of right, where the right is obscure, introduced by the Goths and the northern nations, but more anciently entertained in Spain.  And this yet remains in some cases as a divine lot of battle, though controverted by divines, touching the lawfulness of it; so that a wise writer saith:  “Taliter pugnantes videntur tentare Deum, quia hoc volunt ut Deus ostendat et faciat miraculum, ut justam causam habens victor