118 CHARGE AGAINST DUELS. 



barous, 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 valours in the field upon 

 the public quarrel. 



This the Romans called &quot; Pugna per provoca- 

 &quot; tionem.&quot; And this was never, but either between 

 the generals themselves, who are absolute, or 

 between particulars by licence of the generals ; never 

 upon private authority. So you see David asked 

 leave when he fought with Goliah ; and Joab, when 

 the armies were met, gave leave, and said, &quot; Let the 

 &quot; young men play before us.&quot; And of this kind was 

 that famous example in the wars of Naples, between 

 twelve Spaniards and twelve Italians, where the Ita 

 lians bare 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 enter 

 tained in Spain ; and this yet remains in some cases 

 as a divine lot of battle, though controverted by di 

 vines, touching the lawfulness of it: so that a wise 

 writer saith, &quot; Taliter pugnantes videntur tentare 

 &quot; Deum, quia hoc volunt ut Deus ostendat et faciat 

 &quot; miraculum, utjustam causam habens victor efficia- 



