n 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 cons
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