REPRESSING OF DUELS. 387 



honour : and though this be a comfort all persons of quality 

 do not use ; yet there is no good spirit but will think him 

 self in darkness, if he be debarred of it. Therefore I do 

 propound, that the principal part of the punishment be, that 

 the offender, in the cases hereafter set down, be banished 

 perpetually from approach to the courts of the king, queen, 

 or prince. 



Secondly, That the same offender receive a strict prose 

 cution by the king s attorney, ore tenus, in the Star-cham 

 ber; for the fact being notorious, will always be confessed, 

 and so made fit for an ore tenus. And that this prosecution 

 be without respect of persons, be the offender never so great; 

 and that the fine set be irremissible. 



Lastly, For the causes, that they be these following : 



1. Where any singular combat, upon what quarrel so 

 ever, is acted and performed, though death do not ensue. 



2. Where any person passeth beyond the seas, with pur 

 pose to perform any singular combat, though it be never 

 acted. 



3. Where any person sendeth a challenge. 



4. Where any person accepteth a challenge. 



5. Where any person carrieth or delivereth a challenge. 



6. Where any person appointeth the field, directly or in 

 directly, although it be not upon any cartel or challenge in 

 writing. 



7. Where any person accepteth to be a second in any 

 quarrel. 



ADVICE TO THE KING FOR REVIVING THE COMMISSION 

 OF SUITS. 



THAT which for the present I would have spoken with his 

 majesty about, was a matter wherein time may be precious, 

 being upon the tenderest point of all others. For though 

 the particular occasion may be despised (and yet nothing 

 ought to be despised in this kind), yet the counsel there 

 upon I conceive to be most sound and necessary, to avoid 

 future perils. 



There is an examination taken within these few days by 

 Mr. Attorney, concerning one Bayntan, or Baynham (for 

 his name is not yet certain), attested by two witnesses, that 

 the said Bayntan, without any apparent show of being over 

 come with drink, otherwise than so as might make him less 

 wary to keep secrets, said that he had been lately with the 



