THE
CHARGE
OF
SIR
FRANCIS
BACON
Knight
his
Maiesties
Attourney
generall
,
touching
Duells
,
vpon
an
information
in
the
Star-chamber
against
Priest
and
Wright
.
MY
LORDS
,
I
thought
it
fit
for
my
place
,
and
for
these
times
to
bring
to
hearing
before
your
Lord-ships
some
cause
touching
priuate
Duells
,
to
see
if
this
Court
can
doe
any
good
to
tame
and
reclaime
that
euill
which
seemes
vnbrideled
.
And
I
could
haue
wished
that
I
had
met
with
some
greater
persons
,
as
a
subiect
for
your
censure
,
both
because
it
had
bin
more
worthy
of
this
presence
,
and
also
the
better
to
haue
shewed
the
resolution
my selfe
hath
to
proceed
without
respect
of
persons
in
this
businesse
:
But
finding
this
cause
on
foote
in
my
predecessors
time
,
and
published
and
ready
for
hearing
,
I
thought
to
loose
no
time
,
in
a
mischeefe
that
groweth
euery
day
;
and
besides
it
passeth
not
amisse
some-times
in
gouernment
,
that
the
greater
sort
be
admonished
by
an
example
made
in
the
meaner
,
and
the
dogge
to
be
beaten
before
the
lyon
.
Nay
I
should
thinke
(
my
Lords
)
that
men
of
birth
and
quality
will
leaue
the
practise
,
when
it
begins
to
bee
vilified
and
come
so
lowe
as
to
Barbers-surgegeons
and
Butchers
,
and
such
base
mechanicall
persons
.
And
for
the
greatnesse
of
this
presence
,
in
which
I
take
much
comfort
,
both
as
I
consider
it
in
it selfe
,
and
much
more
in
respect
it
is
by
his
Maiesties
direction
;
I
will
supplie
the
meanesse
of
the
perticular
cause
,
by
handling
of
the
generall
poynt
;
to
the
end
that
by
occasion
of
this
present
cause
,
both
my
purpose
of
prosecution
against
Duells
,
and
the
opinion
of
the
Court
(
without
which
I
am
nothing
)
for
the
censure
of
them
may
appeare
,
and
thereby
offendors
in
that
kind
may
read
their
owne
case
,
and
know
what
they
are
to
expect
,
which
may
serue
for
a
warning
vntill
example
may
bee
made
in
some
greater
person
,
which
I
doubt
the
times
will
but
too
soone
afford
.
Therefore
before
I
come
to
the
perticular
whereof
your
Lordships
are
now
to
iudge
,
I
thinke
it
time
best
spent
to
speake
somewhat
.
First
,
of
the
nature
and
greatnesse
of
this
mischeefe
.
Secondly
,
of
the
causes
,
and
remedies
.
Thirdly
,
of
the
Iustice
of
the
law
of
England
,
which
some
stick
not
to
think
defectiue
in
this
matter
.
Fourthly
,
of
the
capacity
of
this
Court
,
where
certainly
the
remedy
of
this
mischeefe
is
best
to
be
found
.
And
Fifthly
,
touching
mine
owne
purpose
and
resolution
,
wherein
I
shall
humbly
craue
your
Lordshipps
ayde
and
assistance
.
For
the
mischeefe
it selfe
,
it
may
please
your
Lord-shippes
to
take
into
your
consideration
that
when
reuenge
is
once
extorted
out
of
the
Magistrates
hand
contrarie
to
Gods
ordinance
,
Mihi
vindicta
,
ego
retribuam
,
and
euery
man
shall
beare
the
sword
not
to
defend
but
to
assayle
,
and
priuate
men
beginne
once
to
presume
to
giue
lawe
to
them-selues
,
and
to
right
their
owne
wrongs
,
noe
man
can
foresee
the
danders
and
inconueniences
that
may
arise
and
multiply
there-vpon
.
It
may
cause
soddaine
stormes
in
Court
,
to
the
disturbance
of
his
Maiestie
,
and
vnsaftie
of
his
person
.
It
may
grow
from
quarrells
,
to
banding
,
and
from
banding
to
trooping
,
and
so
to
tumulte
and
commotion
,
from
perticuler
persons
to
dissention
of
families
and
aliances
,
yea
to
nationall
quarrells
,
according
to
the
infinite
variety
of
accidents
,
which
fall
not
vnder
fore-sight
;
so
that
the
State
by
this
meanes
shal
be
like
to
a
distempered
,
and
vnperfect
body
,
continually
subiect
to
inflamations
and
convulsions
.
Besides
,
certainely
,
both
in
Diuinity
and
in
Pollicie
,
Offences
of
presumption
are
the
greatest
.
Other
offences
yeeld
and
consent
to
the
law
that
it
is
good
,
not
daring
to
make
defence
,
or
to
iustifie
themselues
;
but
this
offence
expresly
giues
the
Law
an
affront
,
as
if
there
were
two
lawes
,
one
a
kind
of
Gowne-law
,
and
the
other
a
law
of
reputation
,
as
they
tearme
it
,
so
that
Pauls
&
Westminster
,
the
Pulpet
and
the
courts
of
iustice
must
giue
place
to
the
law
(
as
the
King
speaketh
in
his
proclamation
)
of
Ordinary
tables
,
and
such
reuerent
assemblies
;
the
year
books
and
statute
books
must
giue
place
to
some
French
and
Italian
pamphlets
,
which
handle
the
doctrine
of
Duells
,
which
if
they
be
in
the
right
,
trans●amus
ad
illa
,
lets
receiue
them
,
and
not
keepe
the
people
in
conflict
and
distraction
betweene
two
lawes
.
Againe
(
my
Lords
)
it
is
a
miserable
effect
,
when
young
men
,
full
of
towardnesse
and
hope
,
such
as
the
Poets
cal
aurorae
filii
,
sonnes
of
the
morning
,
in
whom
the
expectation
and
comfort
of
their
friends
consisteth
,
shall
bee
cast
away
and
destroyed
in
such
a
vaine
manner
;
but
much
more
it
is
to
bee
deplored
when
so
much
noble
and
gentle
blood
shall
be
spilt
vpon
such
follies
,
as
if
it
were
aduentured
in
the
field
in
seruice
of
the
king
&
realme
,
were
able
to
make
the
fortune
of
a
day
,
and
to
change
the
fortune
of
a
kingdome
.
So
as
your
Lordships
see
what
a
desperate
euill
this
is
;
it
troubleth
peace
,
it
disfurnisheth
war
,
it
bringeth
calamity
vpon
priuate
men
,
perill
vpon
the
state
,
and
contempt
vpon
the
lawe
.
Touching
the
causes
of
it
;
The
first
motiue
no
doubt
is
a
false
and
erronious
imagination
of
honour
and
credit
;
and
therefore
the
King
,
in
his
last
Proclamation
,
doth
most
aptly
and
excellently
call
them
,
bewitching
Duells
.
For
,
if
one
iudge
of
it
truely
,
it
is
noe
better
then
a
sorcery
that
enchanteth
the
spirits
of
young
men
,
that
beare
great
myndes
,
with
a
false
shew
,
species
falsa
;
and
a
kind
of
satanicall
illusion
and
apparition
of
honour
;
against
religion
,
against
lawe
,
against
morall
vertue
,
and
against
the
presidents
and
examples
of
the
best
times
,
and
valiantest
Nations
,
as
I
shall
tell
you
by
and
by
,
when
I
shall
shew
you
that
the
law
of
England
is
not
alone
in
this
poynt
.
But
then
the
seede
of
this
mischeefe
being
such
,
it
is
nourished
by
vaine
discourses
,
and
greene
and
vnripe
conceipts
,
which
neuerthelesse
haue
so
preuayled
,
as
though
a
man
were
staid
and
sober
minded
,
and
a
right
beleeuer
touching
the
vanity
and
vnlawfulnesse
of
these
Duells
,
yet
the
streame
of
vulgar
opinion
is
such
,
as
it
imposeth
a
necessity
vpon
men
of
value
to
conforme
them-selues
;
or
else
there
is
no
liuing
or
looking
vpon
mens
faces
:
So
that
we
haue
not
to
doe
,
in
this
case
,
so
much
with
perticuler
persons
,
as
with
vnsound
and
depraued
opinions
,
like
the
dominations
and
spirits
of
the
ayre
,
which
the
Scripture
speaketh
of
.
Here-vnto
may
be
added
,
that
men
haue
almost
lost
the
true
notion
and
vnderstanding
of
Fortitude
and
Valour
.
For
Fortitude
distinguisheth
of
the
grounds
of
quarrels
,
whether
they
bee
iust
;
and
not
onely
so
,
but
whether
they
be
worthy
;
and
setteth
a
better
price
vpon
mens
liues
then
to
bestow
them
idely
,
Nay
it
is
weakenesse
,
and
disesteeme
of
a
mans
selfe
,
to
put
a
mans
life
vpon
such
ledgier
performances
;
A
mans
life
is
not
to
bee
tryfled
away
,
it
is
to
bee
offered
vp
and
sacrificed
to
honorable
seruices
,
publike
merites
,
good
causes
,
and
noble
aduentures
.
It
is
in
expence
of
blood
as
it
is
in
expence
of
mony
,
It
is
no
liberality
to
make
a
profusion
of
mony
vpon
euery
vaine
occasion
,
nor
noe
more
it
is
fortitude
to
make
effusion
of
bloud
except
the
cause
bee
of
worth
.
And
thus
much
for
the
causes
of
this
euill
.
For
the
remedies
I
hope
some
great
and
noble
person
will
put
his
hand
to
this
plough
,
and
I
wish
that
my
labours
of
this
day
may
be
but
fore-runners
to
the
worke
of
a
higher
and
better
hand
.
But
yet
to
deliuer
my
opinion
,
as
may
bee
proper
for
this
time
and
place
;
There
bee
foure
things
that
I
haue
thought
on
,
as
the
most
effectuall
for
the
repressing
of
this
depraued
custome
of
perticular
Combats
:
The
first
is
,
that
there
doe
appeare
and
bee
declared
a
constant
and
settled
resolution
in
the
State
to
abolish
it
.
For
this
is
a
thing
(
my
Lords
)
must
goe
downe
at
once
,
or
not
at
all
:
For
then
euery
perticular
man
will
thinke
him-selfe
acquitted
in
his
reputation
,
when
he
sees
that
the
state
takes
it
to
heart
,
as
an
insult
against
the
Kings
power
and
authority
,
and
thervpon
hath
absolutely
resolued
to
maister
it
,
like
vnto
that
which
was
set
downe
in
expresse
words
in
the
edict
of
CHARLES
the
ninth
of
France
touching
Duells
,
That
the
King
him-selfe
tooke
vpon
him
the
honor
of
all
that
tooke
them-selues
grieued
or
interessed
for
not
hauing
performed
the
Combat
;
So
must
the
State
doe
in
this
businesse
,
and
in
my
Conscience
there
is
none
that
is
but
of
a
reasonable
sober
disposition
,
bee
hee
neuer
so
valiant
,
(
except
it
bee
some
furious
person
that
is
like
a
fire-worke
)
but
will
bee
glad
of
it
,
when
hee
shall
see
the
law
and
rule
of
State
disinterest
him
of
a
vaine
and
vnnecessarie
hazard
.
Secondly
,
care
must
be
taken
that
this
euill
bee
noe
more
cockered
,
nor
the
humor
of
it
fed
;
wherein
I
humbly
pray
your
Lordships
that
I
may
speake
my
mind
freely
,
and
yet
be
vnderstood
aright
.
The
proceedings
of
the
great
and
noble
Commissioners
Marshall
,
I
honor
and
reverence
much
,
&
of
them
I
speake
not
in
any
sort
;
But
I
say
the
compounding
of
quarrells
,
which
is
other-wise
in
vse
,
by
priuate
noble
men
and
gentlemen
,
it
is
so
punctuall
,
and
hath
such
reference
and
respect
vnto
the
receyued
conceipts
,
what
s
before
hand
,
and
what
s
behinde
hand
,
and
I
cannot
tel
what
,
as
without
all
question
it
doth
,
in
a
fashion
,
countenance
and
authorise
this
practise
of
Duells
,
as
if
it
had
in
it
some-what
of
right
.
Thirdly
,
I
must
acknowledge
that
I
learned
out
of
the
Kings
last
proclamation
the
most
prudent
and
best
applied
remedy
for
this
offence
(
if
it
shall
please
his
Maiestie
to
vse
it
)
that
the
wit
of
man
can
deuise
.
This
offence
(
my
Lords
)
is
grounded
vpon
a
false
conceipt
of
honour
,
and
therefore
it
would
bee
punished
in
the
same
kinde
,
In
eo
quis
rectissimé
plectitur
in
quo
peccat
.
The
fountaine
of
honour
is
the
King
,
and
his
aspect
,
and
the
accesse
to
his
person
continueth
honour
in
life
,
and
to
be
banished
from
his
presence
is
one
of
the
greatest
eclipses
of
honour
that
can
bee
;
if
his
Maiestie
shall
be
pleased
that
when
this
Court
shall
censure
any
of
these
offences
in
persons
of
eminent
quality
,
to
adde
this
out
of
his
owne
power
and
discipline
,
that
these
persons
shall
bee
banished
and
excluded
from
his
Court
for
certaine
yeares
,
and
the
Courts
of
his
Queene
and
Prince
,
I
thinke
there
is
noe
man
that
hath
any
good
blood
in
him
,
will
commit
an
act
that
shall
cast
him
into
that
darkenesse
,
that
hee
may
not
behold
his
Soueraignes
face
.
Lastly
,
and
that
which
more
properly
concerneth
this
Court
,
wee
see
(
my
Lords
)
the
root
of
this
offence
is
stubborn
:
For
it
despiseth
death
,
which
is
the
vtmost
of
punishments
,
and
it
were
a
iust
,
but
a
miserable
seuerity
,
to
execute
the
law
without
all
remission
or
mercy
,
where
the
case
proueth
capitall
.
And
yet
the
late
seuerity
in
France
was
more
,
where
by
a
kind
of
Marshall
law
established
by
ordinance
of
the
King
and
Parliament
,
the
party
that
had
slaine
another
was
presently
had
to
the
gibbet
,
in
so
much
as
gentlemen
of
great
quality
were
hanged
,
theyr
wounds
bleeding
,
least
a
naturall
death
should
preuent
the
example
of
iustice
.
But
(
my
Lords
)
the
course
which
wee
shall
take
is
of
farre
greater
lenity
,
and
yet
of
no
lesse
efficacy
;
which
is
to
punish
,
in
this
Court
,
all
the
middle
acts
and
proceedings
which
which
tend
to
the
Duell
,
(
which
I
will
enumerate
to
you
anon
)
and
so
to
hew
and
vexe
the
roote
in
the
branches
,
which
no
doubt
,
in
the
end
,
will
kill
the
roote
,
and
yet
preuent
the
extremity
of
law
.
Now
for
the
law
of
England
,
I
see
it
excepted
to
,
though
ignorantly
in
two
poyntes
;
-
The
one
,
that
it
should
make
no
difference
betweene
an
insidious
and
foule
murther
,
and
the
killing
of
a
man
vppon
fayre
termes
,
as
they
now
call
it
.
-
The
other
,
that
the
law
hath
not
prouided
sufficient
punishment
,
and
reparations
for
contumely
of
words
,
as
the
Lie
and
the
like
.
But
these
are
noe
better
then
childish
nouelties
against
the
diuine
lawe
,
and
against
all
lawes
in
effect
,
and
against
the
examples
of
all
the
brauest
and
most
vertuous
Nations
of
the
World
.
For
first
for
the
law
of
God
,
there
is
neuer
to
be
found
any
difference
made
in
homicide
,
but
betweene
homicide
voluntary
and
involuntary
,
which
we
tearme
misaduenture
.
And
for
the
case
of
misaduenture
it selfe
,
there
were
Citties
of
refuge
;
so
that
the
offendor
was
put
to
his
flight
,
&
that
flight
was
subiect
to
accident
,
whether
the
reuenger
of
bloud
should
ouer-take
him
before
he
had
gotten
sanctuary
or
noe
;
It
is
true
that
our
law
hath
made
a
more
subtile
distinction
betweene
the
will
enflamed
,
and
the
wil
aduised
,
between
manslaughter
in
heat
,
and
murther
vpon
prepensed
malice
,
or
could
bloud
,
as
the
souldiers
call
it
,
an
indulgence
not
vnfit
for
a
chollericke
and
warlike
Nation
,
for
it
is
true
,
Ira
furor
breuis
.
a
man
in
fury
is
not
him-selfe
.
This
priueledge
of
passion
the
ancient
Roman
law
restrayned
,
but
to
a
Case
,
that
was
,
if
the
husband
,
tooke
the
adulterer
in
the
manner
;
to
that
rage
and
prouocation
onely
it
gaue
way
,
that
it
was
an
homycide
was
iustifiable
.
But
for
a
difference
to
bee
made
in
case
of
killing
and
destroying
man
,
vpon
a
fore-thought
purpose
,
betweene
fowle
and
fayre
,
and
as
it
were
betweene
single
murther
and
vyed
murther
,
it
is
but
a
monstrous
childe
of
this
later
age
,
and
there
is
noe
shadow
of
it
in
any
law
Diuine
or
humane
.
Onely
it
is
true
,
I
finde
in
the
Scripture
that
CAINE
inticed
his
brother
into
the
field
,
and
slew
him
trecherously
,
But
LAMED
vaunted
of
his
man-hood
,
that
he
would
kill
a
young
man
and
if
it
were
in
his
●●rt
:
So
as
I
see
no
difference
betweene
an
insidious
murther
,
and
a
brauing
,
or
presumtuous
murther
,
but
the
difference
betweene
Cain
and
Lamed
.
As
for
examples
in
Ciuill
states
all
memory
doth
consent
that
Grecia
and
Rome
were
the
most
valiant
and
generous
Nations
of
the
world
,
and
that
which
is
more
to
bee
noted
they
were
free
estates
,
and
not
vnder
a
Monarchy
,
whereby
a
man
would
thinke
it
a
great
deale
the
more
reason
that
perticuler
persons
should
haue
righted
themselues
;
and
yet
they
had
not
this
practise
of
Duells
,
nor
any
thing
that
bare
shew
thereof
;
and
sure
they
would
haue
had
it
if
there
had
bin
any
vertue
in
it
.
Nay
as
he
saith
,
●as
est
et
,
ab
hoste
doceri
,
it
is
memorable
that
is
reported
by
a
Councellor
and
Ambassador
of
the
Emperors
,
touching
the
censure
of
the
Turkes
,
of
these
Duells
;
There
was
a
Combate
of
this
kind
,
performed
by
two
persons
of
quality
of
the
Turkes
,
wherein
one
of
them
was
slaine
,
the
other
party
was
conuented
before
the
Councell
of
Bassaes
;
the
manner
of
the
reprehension
was
in
these
words
;
How
durst
you
vndertake
to
fight
one
with
the
other
?
are
there
not
Christians
enough
to
kill
?
did
you
not
know
that
whether
of
you
should
bee
slaine
the
losse
would
bee
the
great
Seigneours
?
So
as
wee
may
see
that
the
most
warlike
Nations
,
whither
generous
or
Barbarous
hath
euer
despised
this
wherein
now
men
glory
.
It
is
true
(
my
Lords
)
that
I
find
Combats
of
two
natures
authorised
how
iustly
I
will
not
dispute
,
as
to
the
later
of
them
.
The
one
when
vpon
the
approches
of
armies
in
the
face
one
of
the
other
perticuler
persons
haue
made
challenges
for
triall
of
valors
in
the
field
,
vpon
the
publike
quarrell
.
This
the
Romanes
called
,
pugna
per-prouocationem
.
And
this
was
neuer
,
but
either
betweene
the
Generalls
themselues
,
who
were
absolute
,
or
betweene
perticulers
,
by
license
of
the
generalls
,
neuer
vpon
priuate
authority
.
So
you
see
DAVID
asked
leaue
when
hee
fought
with
GOLIAH
,
and
IOAB
when
the
armies
were
met
,
gaue
leaue
,
and
said
,
let
the
young
men
play
before
vs
,
and
of
this
kind
was
that
famous
example
in
the
wars
of
Naples
,
between
twelue
Spaniards
and
twelue
Italians
,
where
the
Italians
bare
away
the
victory
;
besides
other
infinite
like
examples
worthy
and
laudable
,
some
times
by
singles
,
some-times
by
numbers
.
The
second
Combate
is
a
iudiciall
tryall
of
right
,
where
the
right
is
obscure
,
introduced
by
the
Gothes
and
the
Northerne
Nation
,
but
more
anciently
entertained
in
Spaine
;
and
this
yet
remaines
in
some
cases
,
as
a
Diuine
lotte
of
battayle
,
though
controuerted
by
Diuines
touching
the
lawfulnes
of
it
,
So
that
a
wise
writer
saith
,
Talitér
pugnantes
videntur
tentare
Deum
,
quia
hoc
volunt
vt
Deus
ostendat
et
faciat
miraculum
,
vt
iustam
causam
habens
victor
efficiatur
,
quod
saepé
contrá
accidit
.
But
howsoeuer
it
bee
,
this
kind
of
fight
taketh
his
warrant
from
law
.
Nay
the
French
themselues
whence
this
folly
seemeth
chiefely
to
haue
flowne
neuer
had
it
but
onely
in
practise
and
tolleration
,
but
neuer
as
authorized
by
law
;
And
yet
now
of
late
they
haue
beene
fayne
to
purge
their
folly
with
extreame
rigour
,
insomuch
as
many
Gentlemen
left
betweene
death
and
life
in
the
Duells
(
as
I
spake
before
)
were
hastned
to
hanging
with
their
wounds
bleeding
.
For
the
State
found
it
had
beene
neglected
so
long
,
as
nothing
could
be
thought
cruelty
which
tended
to
the
putting
of
it
downe
.
As
for
the
second
defect
,
pretended
in
our
law
,
that
it
hath
prouided
no
remedy
for
lies
and
fillippes
,
it
may
receiue
like
answere
;
It
would
haue
beene
thought
a
madnes
amongst
the
ancient
law-giuers
,
to
haue
set
a
punishment
vppon
the
lye
giuen
,
which
in
effect
is
but
a
word
of
deniall
,
a
negatiue
of
anothers
saying
.
Any
law-giuer
,
if
hee
had
beene
asked
the
question
,
would
haue
made
Solons
answer
,
that
he
had
not
ordained
any
punishment
for
it
,
because
he
neuer
imagined
the
world
would
haue
beene
so
fantasticall
as
to
take
it
so
highly
.
The
Ciuilians
they
dispute
whether
an
action
of
Iniury
lie
for
it
,
and
rather
resolue
the
contrary
.
And
Francis
the
first
of
France
,
who
first
set
on
&
stamped
this
disgrace
so
deepe
,
is
taxed
by
the
iudgment
of
all
wise
writers
,
for
beginning
the
vanity
of
it
;
for
it
was
hee
that
when
hee
had
himselfe
giuen
the
ly
and
defie
to
the
Emperor
,
to
make
it
currant
in
the
world
,
said
in
a
solemne
assembly
,
That
hee
was
no
honest
man
that
would
beare
the
lye
,
which
was
the
fountaine
of
this
new
learning
.
As
for
words
of
reproach
and
contumely
(
whereof
the
lye
was
esteemed
none
)
it
is
not
credible
(
but
that
the
Orations
themselues
are
extant
)
what
extreame
and
exquisite
reproaches
were
tossed
vp
and
downe
in
the
Senate
of
Rome
,
and
the
places
of
assembly
,
and
the
like
in
Grecia
,
and
yet
no
man
tooke
himselfe
fowled
by
them
,
but
tooke
them
but
for
breath
,
and
the
stile
of
an
enemy
,
and
eyther
despised
them
or
returned
them
,
but
no
blood
spilt
about
them
.
So
of
euery
touch
or
light
blow
of
the
person
,
they
are
not
in
themselues
considerable
,
saue
that
they
haue
got
vppon
them
the
stampe
of
a
disgrace
,
which
maketh
these
light
things
passe
for
great
matter
.
The
law
of
England
,
and
all
lawes
hold
these
degrees
of
Iniury
to
the
person
;
slander
,
battery
,
mayme
,
and
death
:
And
if
there
be
extraordinary
circumstances
of
despight
and
contumely
,
as
in
case
of
libells
and
bastanadoes
,
and
the
like
,
this
Court
taketh
them
in
hand
and
punisheth
them
exemplarly
.
But
for
this
apprehension
of
a
disgrace
,
that
a
fillippe
to
the
person
should
bee
a
mortall
wound
to
the
reputation
,
it
were
good
that
men
did
hearken
vnto
the
saying
of
Consaluo
the
great
and
famous
commaunder
,
that
was
wont
to
say
;
A
Gentlemans
honor
should
bee
,
De
telâ
crassiore
,
of
a
good
strong
warppe
or
webbe
that
euery
little
thing
should
not
catch
in
it
,
when
as
now
it
seemes
they
are
but
of
copwebbe
lawne
,
or
such
light
stuffe
,
which
certainely
is
weakenesse
,
and
not
true
greatnesse
of
mind
,
but
like
a
sicke
mans
body
,
that
is
so
tender
that
it
feeles
euery
thing
.
And
so
much
in
maintenance
and
demonstration
of
the
wisdome
and
iustice
of
the
law
of
the
land
.
For
the
capacity
of
this
Court
,
I
take
this
to
bee
a
ground
infallible
,
that
wheresoeuer
an
offence
is
capital
,
or
matter
of
fellony
,
if
it
be
acted
,
there
the
combination
,
or
practise
,
tending
to
that
offence
is
punishable
in
this
Court
,
as
a
high
misdemenor
.
So
practise
to
impoison
,
though
it
tooke
no
effect
,
way-laying
to
murther
though
it
tooke
no
effect
,
and
the
like
,
haue
beene
adiudged
haynous
misdemeanors
punishable
in
this
Court
.
Nay
,
inceptions
and
preparations
in
inferior
crimes
(
that
are
not
capitall
)
as
suborning
and
preparing
of
witnesses
,
that
were
neuer
deposed
,
or
deposed
nothing
materiall
,
haue
likewise
beene
censured
in
this
Court
,
as
appeareth
by
the
decree
in
Garnons
case
.
Why
?
then
the
Maior
proposition
being
such
,
the
Minor
cannot
bee
denied
:
for
euery
appoyntment
of
the
field
is
but
combination
and
plotting
of
murther
,
let
them
guilde
it
how
they
list
,
they
shall
neuer
haue
fairer
termes
of
me
in
place
of
iustice
.
Then
the
conclusion
followeth
,
that
it
is
a
case
fit
for
the
censure
of
this
Court.
And
of
this
there
be
presidents
in
the
very
poynt
of
Challenge
.
It
was
the
case
of
Wharton
,
Plaintife
against
Ellekar
and
Acklam
Defendants
,
where
Acklam
being
a
follower
of
Elleckars
,
was
censured
for
carying
a
challeng
from
Ellecker
to
Wharton
,
though
the
challenge
was
not
put
in
writing
,
but
deliuered
onely
by
word
of
message
and
there
are
words
in
the
decree
,
that
such
challenges
are
to
the
subuersion
of
Gouernment
.
These
things
are
well
knowne
,
and
therfore
I
needed
not
so
much
to
haue
insisted
vppon
them
,
but
that
in
this
Case
I
would
be
thought
not
to
innouate
any
thing
of
mine
owne
head
,
but
to
follow
the
former
presidents
of
the
Court
,
though
I
meane
to
doe
it
more
throughly
,
because
the
time
requires
it
more
.
Therfore
now
to
come
to
that
which
concerneth
my
part
,
I
say
,
that
by
the
fauour
of
the
King
and
the
Court
,
I
will
prosecute
in
this
Court
in
the
Cases
following
.
If
any
man
shall
appoint
the
field
,
though
the
fight
be
not
acted
or
performed
.
If
any
man
shall
send
any
Challenge
in
wrighting
,
or
any
message
of
Challenge
.
If
any
man
carry
or
deliuer
any
writing
or
message
of
Challenge
.
If
any
man
shall
accept
or
returne
a
Challenge
.
If
any
man
shall
accept
to
bee
a
second
in
a
Challenge
,
of
either
side
.
If
any
man
shall
depart
the
Realme
with
intention
and
agreement
to
performe
the
fight
beyond
the
seaes
.
If
any
man
shall
reuiue
a
quarrel
by
any
scandalous
bruites
or
wrightings
contrary
to
a
former
Proclamation
published
by
his
Maiesty
in
that
behalfe
.
Nay
I
heare
there
be
some
Counsell
learned
of
Duells
,
that
tell
yong
men
when
they
are
before
hand
,
and
when
they
are
otherwise
,
and
thereby
incense
and
incite
them
to
the
Duell
,
and
make
an
art
of
it
;
I
hope
I
shall
meete
with
some
of
them
too
,
and
I
am
sure
(
my
Lords
)
this
course
of
preuenting
Duels
in
nipping
them
in
the
budde
,
is
fuller
of
clemency
and
prouidence
then
the
suffering
them
to
goe
on
,
and
hanging
men
with
their
wounds
bleding
,
as
they
did
in
France
.
To
conclude
,
I
haue
some
petitions
to
make
,
first
,
to
your
Lordshipp
,
my
Lord
Chancellor
,
that
in
case
I
be
aduertised
of
a
purpose
in
any
to
goe
beyond
the
sea
to
fight
,
I
may
haue
granted
his
Maiesties
writ
of
Ne
exeat
regnum
to
stoppe
him
,
for
this
Giant
bestrideth
the
sea
,
and
I
would
take
and
snare
him
by
the
foote
on
this
side
,
for
the
combination
and
plotting
is
on
this
side
though
it
should
be
acted
beyond
sea
.
And
your
Lordship
said
notably
the
last
time
I
made
a
motion
in
this
busines
,
that
a
man
may
be
as
well
,
fur
de
se
as
felo
de
se
,
if
he
steale
out
of
the
Realme
for
a
bad
purpose
,
and
for
the
satisfiing
of
the
wordes
of
the
writte
,
no
man
will
doubt
but
he
doth
machinari
contra
coronam
(
as
the
wordes
of
the
writte
be
)
that
seketh
to
murther
a
subiect
;
for
that
is
euer
,
contra
coronam
et
dignitatem
.
I
haue
also
a
sute
to
your
Lordships
all
in
general
,
that
for
Iustice
sake
,
and
for
true
honors
sake
,
honor
of
Religion
,
Law
,
and
the
King
our
Maister
against
this
fond
and
false
disguise
or
puppetrey
of
honor
,
I
may
in
my
prosecution
(
which
it
is
like
enough
may
some
times
stirr
coales
(
which
I
esteme
not
for
my
particular
,
but
as
it
may
hinder
the
good
seruice
)
I
may
(
I
say
)
be
countenanced
and
assisted
from
your
Lordships
:
Lastly
I
haue
a
petition
to
the
noblesse
and
gentlemen
of
England
,
that
they
would
learne
to
esteeme
themselues
at
a
iust
price
.
Non
hos
quaesitum
munus
in
vsus
,
their
blood
is
not
to
be
spilt
like
water
or
a
vile
thing
,
therefore
that
they
would
rest
perswaded
there
cannot
be
a
forme
of
honor
,
except
it
be
vpon
a
worthy
matter
.
But
for
this
,
Ipsi
viderint
,
I
am
resolued
.
And
thus
much
for
the
generall
;
now
to
the
present
case
.
THE
DECREE
OF
THE
STAR-CHAMBER
IN
THE
SAME
CAVSE
.
In
camerâ
stellatâ
coram
concilio
ibidem
26ᵒ
die
Ianuarij
anno
vndecimo
Iacobi
regis
.
The
Presence
.
-
THO:
Lo:
Ellesmere
LORD
Chancellor
of
England
.
-
HON:
Earl
of
North
:
L
:
Priuie
Seale
-
CHARLES
Earle
of
Notting
:
Lo:
high
Admiral
of
England
.
-
G●OR
:
Lo:
Archbishop
of
Canterbury
.
-
IOHN
Lo:
Bishop
of
London
.
-
Sir
EDWARD
Cooke
Knight
,
L
:
chiefe
Iustice
of
England
.
-
The
Earl
of
Suffolk
Lord
Chamberlaine
.
〈◊〉
Lord
●o●che
.
-
Sir
Hen.
Hobart
Knight
Lord
chiefe
Iustice
of
the
common-pleas
.
-
WILLIAM
:
Lo.
Knolles
,
Treasuror
of
the
Houshold
.
-
EDWARD
Lo.
Wotton
Controwler
.
-
IOH:
Lo:
Stanhop
,
Vicechamberlaine
.
-
Sir
IVLIVS
Caesar
knight
,
Chancellor
of
the
Exchequer
:
THis
day
was
heard
and
debated
at
large
,
the
seuerall
matters
of
Informations
here
exhibited
by
Sir
Francis
Bacon
Knight
,
his
Maiesties
Attourney
Generall
,
th'
one
against
William
Priest
Gentleman
,
for
writing
and
sending
a
Letter
of
challenge
together
with
a
stick
which
should
be
the
length
of
the
weapon
.
And
th'
other
against
Richard
Wright
Esquire
for
carrying
and
deliuering
the
said
letter
and
sticke
vnto
the
partie
challenged
,
and
for
other
contemptuous
and
insolent
behauiour
vsed
before
the
Iustices
of
Peace
in
Surrey
at
their
Sessions
,
before
whom
he
was
conuented
.
Vpon
the
opening
of
which
cause
his
Highnes
said
Attourney
generall
did
first
giue
his
reason
to
the
Court
why
in
a
case
which
he
intended
should
be
a
leading
case
,
for
the
repressing
of
so
great
a
mischiefe
in
the
commonwealth
,
and
concerning
an
offence
which
raigneth
chiefly
amongst
persons
of
honor
and
qualitie
,
he
should
begin
with
a
cause
which
had
passed
betweene
so
meane
persons
as
the
defendants
seemed
to
be
;
which
he
said
was
done
because
hee
found
this
cause
ready
published
and
in
so
growing
an
euill
,
he
thought
good
to
lose
no
time
,
wherevnto
he
added
,
that
it
was
not
amisse
sometimes
to
beate
the
dogge
,
before
the
Lyon
,
saying
further
,
that
hee
thought
it
would
be
some
motiue
for
persons
of
birth
&
countenance
to
leaue
it
,
when
they
saw
it
was
taken
vp
by
base
and
mechanicall
fellowes
,
but
concluded
;
That
hee
resolued
to
proceed
without
respect
of
persons
for
the
time
to
come
,
and
for
the
present
to
supply
the
meannesse
of
this
particular
Case
by
insisting
the
longer
vpon
the
generall
point
.
Wherein
he
did
first
expresse
vnto
the
Court
,
at
large
,
the
greatnes
&
dangerous
consequence
of
this
presumptuous
offence
,
which
extorted
reuenge
out
of
the
Magistrates
hand
,
and
gaue
boldnes
to
priuate
men
to
bee
lawe
giuers
to
themselues
,
the
rather
because
it
is
an
offence
that
doth
iustifie
it selfe
against
the
lawe
,
and
plainely
giues
the
law
an
affront
;
describing
also
the
miserable
effect
which
it
draweth
vppon
priuate
families
by
cutting
off
yong
men
,
otherwise
of
good
hope
,
and
cheifely
the
losse
of
the
King
and
Common-wealth
,
by
the
casting
away
of
much
good
blood
,
which
being
spent
in
the
field
vpon
occasion
of
seruice
were
able
to
continew
the
renowne
,
which
this
Kingdome
hath
obtained
in
all
ages
,
of
being
esteemed
victorious
.
Secondly
his
Maiesties
said
Atturney
generall
did
discourse
touching
the
causes
and
remedies
of
this
mischefe
,
that
preuaileth
so
in
these
times
,
shewing
the
ground
thereof
to
bee
a
false
and
erroneous
imagination
of
honor
and
credit
,
according
to
the
terme
which
was
giuen
vnto
those
Duells
,
by
a
former
proclamation
of
his
Maiesties
,
which
called
them
bewitching
Duells
,
for
that
it
is
no
better
then
a
kind
of
sorcery
,
which
enchanteth
the
spirits
of
young
men
,
which
beare
great
minds
with
a
shew
of
honor
in
that
which
is
no
honor
indeed
,
beeing
against
religion
,
law
,
morall
vertue
,
and
against
the
presidents
and
examples
of
the
best
times
,
and
valiantest
Nations
of
the
world
,
which
though
they
excelled
for
prowesse
and
millitary
vertue
in
a
publique
quarrell
,
yet
knew
not
what
these
priuate
Duells
ment
:
saying
further
,
that
there
was
too
much
way
and
countenance
giuen
vnto
these
Duells
by
the
course
that
is
held
by
noble-men
and
gentle-men
in
compounding
of
quarrells
,
who
vse
to
stand
too
punctually
vppon
conceipts
of
satisfactions
and
distinctions
,
what
is
before
hand
and
what
behind
hand
,
which
doe
but
feed
the
humor
;
Adding
likewise
that
it
was
no
fortitude
to
shew
vallour
in
a
quarrell
,
except
there
were
a
iust
and
worthy
ground
of
the
quarell
;
but
that
it
was
weakenesse
to
sette
a
mans
life
at
so
meane
a
rate
as
to
bestowe
it
vppon
trifling
occasions
,
which
ought
to
bee
rather
offered
vp
and
sacrificed
to
honourable
seruices
,
publique
merrits
,
good
causes
,
and
noble
aduentures
.
And
as
concerning
the
Remedies
,
hee
concluded
:
That
the
onely
way
was
,
that
the
State
would
declare
a
constant
and
settled
resolution
to
master
and
put
downe
this
presumption
in
priuate
men
,
of
what-soeuer
degree
of
righting
their
owne
wrongs
,
and
this
to
doe
at
once
;
For
that
then
euery
perticuler
man
would
think
himselfe
acquitted
in
his
reputation
,
when
that
he
shal
see
that
the
State
takes
his
honor
into
their
hands
,
and
standeth
betweene
him
and
any
Interest
,
or
preiudice
,
which
he
might
receiue
in
his
reputation
for
obeying
;
wherevnto
he
added
likewise
,
that
the
wisest
and
mildest
way
to
suppresse
these
Duells
was
rather
to
punish
in
this
Court
all
the
acts
of
preparation
,
which
did
in
any
wise
tend
to
the
Duells
,
(
as
this
of
Challenges
and
the
like
)
and
so
to
preuent
the
Capitall
punishment
,
and
to
vexe
the
roote
in
the
branches
,
then
to
suffer
them
to
run
on
to
the
execution
,
and
then
to
punish
them
Capitally
,
after
the
maner
of
France
,
where
of
late
times
Gentlemen
of
great
quality
,
that
had
killed
others
in
Duell
,
were
carried
to
the
Gibbet
with
their
woundes
bleeding
,
least
a
naturall
death
should
keepe
them
from
the
example
of
Iustice
.
Thirdly
his
Maiesties
said
Atturney
generall
did
by
many
reasons
,
which
hee
brought
and
alledged
,
free
the
Law
of
England
from
certaine
vaine
and
childish
exceptions
,
which
are
taken
by
these
Duellists
:
The
one
,
because
the
Law
makes
noe
difference
in
punishment
betweene
an
insidious
and
foule
murther
,
and
the
killing
of
a
man
vppon
Challenge
and
faire
tearmes
,
as
they
call
it
,
Th'
other
for
that
the
Law
hath
not
prouided
sufficient
punishment
,
and
reparation
for
contumelie
of
wordes
,
as
the
lye
,
and
the
like
:
wherein
his
Maiesties
said
Atturney
generall
did
shew
,
by
many
waighty
arguments
and
examples
:
That
the
Law
of
England
did
consent
with
the
Law
of
God
,
and
the
Law
of
Nations
in
both
those
pointes
,
and
that
this
distinction
in
murther
betweene
foule
and
fayre
,
and
this
grounding
of
mortall
quarrells
vpon
vnciuill
and
reproachfull
words
,
or
the
like
disgraces
,
was
neuer
authorised
by
any
law
,
or
ancient
examples
,
but
it
is
a
late
vanity
crept
in
from
the
practise
of
the
French
,
who
themselues
since
haue
beene
so
weary
of
it
,
as
they
haue
beene
forced
to
put
it
downe
with
all
seuerity
.
Fourthly
,
his
Maiesties
said
Attourney
Generall
did
prooue
vnto
the
Court
by
rules
of
law
and
presidents
;
that
this
Court
hath
capacity
to
punish
sending
and
accepting
of
Challenges
,
though
they
were
neuer
acted
nor
executed
;
taking
for
a
ground
infallible
,
that
wheresoeuer
an
offence
is
capitall
or
matter
of
fellony
,
if
it
be
acted
and
performed
,
there
the
conspiracy
,
combination
,
or
practise
tending
to
the
same
offence
is
punishable
as
a
high
misdemeanor
,
although
they
neuer
were
performed
.
And
therefore
that
practise
to
impoyson
though
it
tooke
no
effect
,
and
the
like
,
haue
beene
punished
in
this
Court
:
and
cyted
the
president
in
Garnons
case
,
wherein
a
crime
of
a
much
inferiour
nature
,
the
suborning
and
preparing
of
witnesses
though
they
neuer
were
deposed
,
or
deposed
nothing
materiall
,
was
censured
in
this
Court
,
whereupon
hee
concluded
,
that
forasmuch
as
euery
appoyntment
of
the
field
is
in
law
but
a
combination
of
plotting
of
a
murther
,
howsoeuer
men
might
guilde
it
:
That
therefore
it
was
a
case
fit
for
the
censure
of
this
Court
;
and
therein
he
vouched
a
president
in
the
very
point
,
that
in
a
case
betwene
Wharton
plantife
and
Elerker
and
Acklam
,
defendants
.
Acklam
beeing
a
follower
of
Elerker
had
carried
a
challenge
vnto
Wharton
,
and
although
it
were
by
word
of
mouth
,
and
not
by
writing
,
yet
it
was
seuerely
sensured
by
the
Court
;
the
Decree
hauing
wordes
,
that
such
Chalenges
doe
tend
to
the
subuersion
of
gouernment
:
And
therefore
his
Maiesties
Atturney
willed
the
standerds
by
to
take
notice
that
it
was
noe
innouation
that
he
brought
in
,
but
a
proceeding
,
according
to
former
presidents
of
the
Court
,
although
he
purposed
to
follow
it
more
throughly
then
had
been
done
euer
heeretofore
,
because
the
times
did
more
&
more
require
it
.
Lastly
,
his
Maieesties
said
Attorney
generall
did
declare
and
publish
to
the
Court
in
seuerall
Articles
his
purpose
and
resolution
in
what
cases
hee
did
intend
to
prosecute
offences
of
that
nature
in
this
Court
,
That
is
to
say
,
That
if
any
man
shall
appoynt
the
field
,
although
the
fight
bee
not
acted
or
performed
.
If
any
man
shall
send
any
challenge
in
writing
,
or
message
of
challenge
:
If
any
man
shall
carry
or
deliuer
any
writing
or
message
of
challenge
,
If
any
man
shall
accept
or
returne
a
challenge
,
If
any
man
shall
accept
to
bee
a
second
in
a
challenge
of
eyther
part
:
If
any
man
shall
depart
the
Realme
with
intention
and
agreement
to
performe
the
fight
beyond
the
seas
:
If
any
man
shall
reuiue
a
quarrell
by
any
scandalous
bruites
or
writings
contrary
to
a
former
Proclamation
,
published
by
his
Maiesty
in
that
behalfe
,
that
in
all
these
cases
his
Maiesties
Atturney
generall
,
in
discharge
of
his
duety
by
the
fauour
and
assistance
of
his
Maiesty
and
the
Court
,
would
bring
the
offenders
of
what
state
or
degree
soeuer
to
the
iustice
of
this
Court
,
leauing
the
Lords
Commissioners
Marshall
to
the
more
exact
remedies
,
adding
further
,
that
hee
heard
there
were
certaine
Councell
learned
of
Duells
,
that
tell
yong
men
when
they
are
before
hand
and
when
they
are
otherwise
,
and
did
incense
and
incite
them
to
the
Duell
,
and
made
an
art
of
it
,
who
likewise
should
not
be
forgotten
,
and
so
concluded
with
two
petitions
,
the
one
in
perticuler
to
the
Lord
Chancellor
,
that
in
case
aduertisement
were
giuen
of
a
purpose
in
any
to
goe
beyond
the
seas
to
fight
,
there
might
bee
granted
his
Maiesties
writte
of
Né
exeat
regnum
against
him
:
And
the
other
to
the
Lords
in
generall
,
that
hee
might
bee
assisted
and
countenanced
in
this
seruice
.
After
which
opening
and
declaration
of
the
generall
cause
,
his
Maiesties
said
Atturney
did
proceed
to
set
forth
the
proofes
of
this
perticuler
challendge
and
offence
now
in
hand
and
brought
to
the
iudgment
and
censure
of
this
honorable
Court
;
wherevpon
it
appeared
to
this
honorable
Court
by
the
confession
of
the
said
defendant
Priest
himselfe
,
that
hee
hauing
receiued
some
wrong
and
disgrace
at
the
hands
of
one
Hutchest
,
did
thereupon
in
reuenge
thereof
writ
a
letter
to
the
said
Hutchest
containing
a
challenge
to
fight
with
him
at
single
rapier
,
which
letter
the
said
Priest
did
deliuer
to
the
said
defendant
Wright
,
together
with
a
sticke
containing
the
length
of
the
rapier
,
wherewith
the
said
Priest
ment
to
performe
the
fight
;
whervpon
the
said
Wright
did
deliuer
the
said
letter
to
the
said
Hutchest
,
and
did
read
the
same
vnto
him
and
after
the
reading
thereof
did
also
deliuer
to
the
said
Hutchest
the
saide
sticke
,
saying
,
that
the
same
was
the
length
of
the
weapon
mentioned
in
the
saide
Letter
.
But
the
saide
Hutchest
,
(
dutifully
respecting
the
preseruation
of
his
Maiesties
peace
)
did
refuse
the
said
Challeng
,
wherby
noe
further
mischeefe
did
ensue
thereupon
.
This
honorable
Court
,
and
all
the
honorable
presence
this
day
sitting
,
vpon
graue
and
mature
deliberation
,
pondering
the
qulality
of
these
offences
,
they
generally
approued
the
spech
and
obseruations
of
his
Maiesties
saide
Atturney
generall
,
and
highly
commended
his
great
care
and
good
seruice
in
bringing
a
cause
of
this
nature
to
publique
punishment
and
example
,
and
in
professing
a
constant
purpose
to
goe
on
in
the
like
course
with
others
;
letting
him
knowe
,
that
hee
might
expect
from
the
Court
all
concurrence
and
assistance
in
so
good
a
worke
.
And
therevpon
the
Courte
did
by
theire
seuerall
oppinions
and
sentences
declare
how
much
it
imported
the
peace
and
prosperous
estate
of
his
Maiestie
and
his
kingdome
to
nippe
this
practise
and
offence
of
Duells
in
the
head
,
which
now
did
ouerspread
and
grow
vniuersall
,
euen
among
meane
persons
,
and
was
not
onely
entertayned
in
practise
and
custome
,
but
was
framed
into
a
kinde
of
Art
and
Preceptes
;
so
that
according
to
the
saying
of
the
Scripture
,
Mischeefe
is
imagined
like
a
lawe
.
And
the
Court
with
one
consent
did
declare
their
opinions
.
That
by
the
ancient
law
of
the
land
al
Inceptions
,
preparations
,
&
combinations
to
execute
vnlawful
acts
,
though
they
neuer
be
performed
as
they
be
not
to
be
punished
capitally
,
except
it
bee
in
case
of
treason
,
and
some
other
perticuler
cases
of
statute
law
:
So
yet
they
are
punishable
as
misdemeanors
and
contempts
:
And
that
this
Court
was
proper
for
offences
of
such
nature
,
specially
in
this
case
,
where
the
brauery
and
insolency
of
the
times
are
such
as
the
ordinary
Magistrates
and
Iustices
,
that
are
trusted
with
the
preseruation
of
the
Peace
,
are
not
able
to
master
and
represse
these
offences
,
which
were
by
the
Court
at
large
set
forth
,
to
bee
not
onely
against
the
law
of
God
,
to
whom
,
and
his
substitutes
all
reuenge
belongeth
as
part
of
his
prerogatiue
,
but
also
against
the
oath
and
duety
of
euery
subiect
vnto
his
Maiesty
,
for
that
the
subiect
doth
sweare
vnto
him
,
by
the
ancient
law
,
allegeance
of
life
and
member
,
whereby
it
is
plainely
inferred
that
the
subiect
hath
no
disposing
power
ouer
himselfe
of
life
and
member
to
bee
spent
or
ventured
according
to
his
owne
passions
and
fancies
,
in-so-much
as
the
very
practise
of
Chiualry
in
Iusts
and
Turneys
,
which
are
but
images
of
martiall
actions
,
appeare
by
ancient
presidents
not
to
be
lawfull
without
the
Kings
lycence
obtained
.
The
Court
also
noted
,
that
these
priuate
Duells
or
Combats
were
of
another
nature
from
the
Combats
which
haue
beene
allowed
by
the
law
aswell
of
this
land
as
of
other
nations
for
the
tryall
of
rightes
or
appeales
.
For
that
those
Combats
receiued
rection
&
authority
from
the
law
,
wheras
these
contrariwise
spring
only
from
the
vnbrideled
humors
of
priuate
men
.
And
as
for
the
pretence
of
honor
,
the
Court
much
misliking
the
confusion
of
degrees
which
is
growne
of
late
(
euery
man
assuming
vnto
himself
the
tearme
and
attribute
of
honor
)
did
vtterly
reiect
and
condemne
the
opinion
that
the
priuate
Duell
,
in
any
person
whatsoeuer
,
had
any
groundes
of
honor
,
aswell
because
nothing
can
be
honorable
that
is
not
lawfull
,
and
that
it
is
no
magnanimity
or
greatnes
of
mind
,
but
a
swelling
&
tumor
of
the
minde
,
where
there
faileth
a
right
and
sound
Iudgement
;
as
also
for
that
it
was
rather
iustly
to
be
esteemed
a
weaknes
,
and
a
conscience
of
smale
value
in
a
mans
selfe
to
be
deiected
,
so
with
a
word
or
trifling
disgrace
as
to
thinke
there
is
no
recure
of
it
,
but
by
hazard
of
life
,
whereas
true
honour
in
persons
that
know
their
owne
,
worth
is
not
of
any
such
brittle
substance
but
of
a
more
strong
composition
.
And
finally
,
the
Court
shewing
a
firme
and
setled
resolution
to
proceede
with
all
seuerity
against
these
Duells
gaue
warning
to
all
young
noble-men
and
gentlemen
that
they
should
not
expect
the
like
connyuence
or
tolleration
as
formerly
haue
beene
,
but
that
iustice
should
haue
a
full
passage
without
protection
or
interruption
;
Adding
that
after
a
straight
inhibition
,
whosoeuer
should
attempt
a
challenge
or
combatte
,
in
case
where
the
other
party
was
restrayned
to
answere
him
(
as
now
all
good
subiects
are
)
did
by
their
owne
principles
receiue
the
dishonor
and
disgrace
vppon
himselfe
.
And
for
the
present
cause
,
The
Court
hath
ordered
,
adiudged
,
and
decreed
,
that
the
said
William
Priest
,
and
Richard
Wright
,
bee
committed
to
the
prison
of
the
Fleete
,
and
the
said
Priest
to
pay
fiue
hundred
pound
,
and
the
said
Wright
fiue
hundred
markes
for
their
seuerall
Fines
to
his
Maiesties
vse
.
And
to
the
end
that
some
more
publique
example
may
bee
made
heereof
amongst
his
Maiesties
people
,
The
Court
hath
further
ordered
and
decreed
,
That
the
said
Priest
and
Wright
shall
at
the
next
Assises
to
bee
houlden
in
the
County
of
Surrey
publiquely
in
face
of
the
Court
,
the
Iudges
sitting
,
acknowledge
their
high
contempt
and
offence
against
God
,
his
Maiesty
,
and
his
lawes
,
and
shew
themselues
penitent
for
the
same
.
Moreouer
the
wisdome
of
this
high
and
honourable
Court
thought
it
meete
and
necessary
that
all
sorts
of
his
Maiesties
subiects
should
vnderstand
and
take
notice
of
that
which
hath
beene
said
and
handled
this
day
touching
this
matter
,
aswell
by
his
highnesse
Atturney
generall
,
as
by
the
Lords
,
Iudges
,
touching
the
law
in
such
cases
.
And
therefore
the
Court
hath
enioyned
Maister
Atturney
to
haue
speciall
care
to
the
penning
of
this
decree
,
for
the
setting
forth
in
the
same
summarily
the
matters
and
reasons
which
haue
beene
opened
and
deliuered
by
the
Court
touching
the
same
,
and
neuer-the-lesse
also
at
some
time
conuenient
to
publish
the
perticulers
of
his
speeche
and
declaration
,
as
very
meete
and
worthy
to
bee
remembred
,
and
made
known
to
the
world
,
as
these
times
are
:
And
this
decree
,
being
in
such
sort
carefully
drawne
&
penned
,
the
whole
Court
thought
it
meete
,
and
so
haue
ordered
and
decreed
,
that
the
same
bee
not
onely
read
and
published
at
the
next
Assises
for
Surrey
at
such
time
as
the
said
Priest
and
Wright
are
to
acknowledge
their
offences
as
aforesaid
;
But
that
the
same
be
likewise
published
and
made
knowne
in
all
Shires
of
this
Kingdome
.
And
to
that
end
the
Iustices
of
Assize
are
required
by
this
honorable
Court
to
cause
this
decree
to
bee
solemnly
read
and
published
in
all
the
places
and
sittings
of
their
seuerall
Circuits
,
and
in
the
greatest
assembly
,
to
the
end
that
all
his
Maiesties
subiects
may
take
knowledge
and
vnderstand
the
opinion
of
this
honorable
Court
in
this
case
,
and
in
what
measure
,
his
Maiesty
,
and
this
honorable
Court
purposeth
to
punish
such
as
shall
fall
into
the
like
contempt
and
offences
hereafter
.
Lastly
this
honorable
Court
,
much
approuing
that
which
the
right
honorable
Sir
Edward
Coke
knight
,
Lord
Chiefe
Iustice
of
England
did
now
deliuer
touching
the
law
in
this
case
of
Duells
,
hath
enioyned
his
Lordship
to
report
the
same
in
print
,
as
hee
hath
formerly
done
diuers
other
Cases
,
that
,
such
as
vnderstand
not
the
law
in
that
behalfe
,
and
all
others
may
better
direct
themselues
,
and
preuent
the
danger
thereof
hereafter
.
FINIS
.