ates, 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