CHARGE AGAINST DUELS. 121 



or such light stuff, which certainly is weakness, and 

 not true greatness of mind, but like a sick man s 

 body, that is so tender that it feels every thing. 

 And so much in maintenance and demonstration of 

 the wisdom and justice of the law of the land. 



For the capacity of this court, I take this to be 

 a ground infallible : that wheresoever an offence is 

 capital, or matter of felony, though it be not acted, 

 there the combination or practice tending to that 

 offence is punishable in this court as a high misde 

 meanor. So practice to impoison, though it took no 

 effect; way-laying to murder, though it took no 

 effect, and the like ; have been adjudged heinous 

 misdemeanors punishable in this court. Nay, incep 

 tions and preparations in inferior crimes, that are not 

 capital, as suborning and preparing of witnesses that 

 were never deposed, or deposed nothing material, 

 have likewise been censured in this court, as ap- 

 peareth by the decree in Garnon s case. 



Why then, the major proposition being such, the 

 minor cannot be denied : for every appointment of 

 the field is but combination and plotting of murder; 

 let them gild it how they list, they shall never have 

 fairer terms of me in place of justice. Then the con 

 clusion followeth, that it is a case fit for the censure 

 of the court. And of this there be precedents in the 

 very point of challenge. 



It was the case of Wharton plaintiff, against 

 Ellekar and Acklam defendants, where Acklam be 

 ing a follower of Ellekar s, was censured for carry 

 ing a challenge from Ellekar to Wharton, though 



