Duel.

1. A Duel may still be granted in some Cases by the Law of England, and only there. That the Church allow’d it Antiently, appears by this, in their pub∣lick Liturgies there were Prayers appoint∣ed for the Duelists to say, the Judg used to bid them go to such a Church and pray, &c. But whether is this Lawful? If you grant any War Lawful, I make no doubt but to convince it. War is Law∣ful, because God is the only Judge be∣tween two, that is Supream. Now if a Difference happen between two Subjects, and it cannot be decided by Humane Te∣stimony, why may they not put it to God to Judge between them by the Permission of the Prince? Nay, what if we should bring it down for Argument’s sake, to the Sword-Men. One gives me the Lye, ’tis a great Disgrace to take it, the Law has made no Provision to give Remedy for the Injury (If you can suppose any thing an Injury for which the Law gives no Re∣medy) why am not I in this Case Supream, and may therefore right my self.

2. A Duke ought to fight with a Gen∣tleman; the Reason is this, the Gentleman will say to the Duke ‘tis True, you hold a higher Place in the State than I; there’s a great distance between you and me, but your Dignity does not Priviledge you to do me an Injury; as soon as ever you do me an Injury, you make your self my Equal, and as you are my Equal I chal∣lenge you, and in sense the Duke is bound to Answer him. This will give you some Light to understand the Quarrel betwixt a Prince and his Subjects; tho’ there be a vast Distance between him and them, and they are to obey him, according to their Contract, yet he hath no power to do them an Injury; then they think themselves as much bound to vindicate their Right, as they are to obey his Lawful Commands; nor is there any other Measure of Justice left upon Earth but Arms.