THe slaughters which We find to haue bene strangely multiplied and encreased in these later times , by the boldnesse which many of Our subiects take , to chalenge any man into the Field , towards whom they cary either grudge or malice in their minds , vnder the pretext of satisfaction to pretended wrongs , without imploring aide either of the Lawes , or Ciuil Magistrates : haue mooued vs , out of the tender care which We take of Our loyall Subiects liues , to enter into some speedie course for the stopping of a Vaine that bleeds both incessantly , and inwardly . For to speake trueth , to what purpose serue the Lawes of God , the prouisionall instructions of men , and the course of ordinarie Iustice in the Common wealth ( whether Wee respect the Court of Chiualrie , or the Ciuill Courts , ) if it be free for Subiects out of the distemper of their owne distempered conceits , either to rate the quality of the wrong supposed , or the satisfaction that belongs to it ? Besides , it were great pittie , that so many Iudgements as in other things shew grauitie and moderation , should be so strangely bewitched , and as it were enchanted in this kinde with the very dregges of Circes Cup , ( transforming consideration into passion , reason into appetite , and men into beasts ) as to thinke that any graine of worth of reputation or true honour , can be drawne out of any act that is absolutely repugnant to all such Lawes ( aswell Diuine as humane ) as sway both Religions and Policies . For as no man accompts his Armour of high proofe , before it haue bene tried by Shot , no more are Gentlemen esteemed for their valour by the greater part of giddie censours at this day , that haue not almost assoone as they can hold a Sword in their hand , put themselues vpon their proofe , either in S. Georges fields , or at Finsbury , without the least respect to the Iustice of the ground that should make good the pursuit or euent of the quarrell .

WE are not ignorant in what degree slaughters vpon priuate Challenges are ranked by the Lawes of the land , ( howsoeuer iniurie be made the maske ) nor how earnest many busie persons are to make their owne wills absolute in some point , since they know not by what colour or pretence to command in all , nor how cunningly some argue for excuse of Challenges , by imputing weakenesse ( as they would haue vs apprehend ) to the Lawes and Statutes of the Realme , in that they forbeare either out of insensibilitie or neglect , to giue satisfaction to some certaine termes and reproches , As for example to that of the Lye , which the custome and construction of the dayes in which wee liue , hath matched with those wrongs that are reputed to be most exorbitant : For though no priuate Challenge to the peril of a loyall Subiects life , be either iust or compatible with the policie of any orderly or well stayed gouernment vpon such poore grounds , as passion doeth commonly pretend : yet so long as men deeply wounded by disgrace , were left destitute of helpe by ordinarie and lawfull meanes , they might with better colour seeke to saue and satisfie themselues by those sharpe courses which the Lawes cannot iustifie .

But since Our care hath bene to giue satisfaction by certaine Rules and limitations to the least offence , contempt or disgrace , whereof reputation hath reason to be sensitiue , Wee doe not onely expect , but beside both will and command , That after fortie dayes expired , which Wee prescribe to begin instantly from the publication of Our prohibition , no man shall presume in their wonted maner ( which ought indeed to be no maner among worthy Subiects and sober men ) either to send or accept of Challenges , or to seeke satisfaction by any other meanes then those , which are made good either by the Lawes of the Kingdome , or the Court of Honour . The scope of this prefixed limitation to the space of fortie dayes ( intending onely to prouide for Subiects , that by reason of their distance from the Centres of direction cannot so speedily be made acquainted with Our meaning , as they that are at hand ) giueth small aduantage to any inference , that in the meane space it shal be lawful to begin or prosecute a quarel in the forme prohibited . For We do not onely exclude all such Interpreters from any kinde of respite , dispensation or benefit pretended by the terme , ( in case it may be prooued by examinations or depositions of witnesses , that before the quarell they were priuie to the stoppe ) but further purpose also to deale more seuerely with them then any of the rest , for sucking poison out of Honisuckles , and making the care which We take of men that haue not deserued ill , a warrant for their owne wilfull boldnesse , that is opposite to Authoritie .

But as it is certaine , that before the eye be able to discerne plaine figures , it must be cleared and inlightned by that visiue facultie which nature her selfe affords ; so is it no lesse sure , that instruction ought to precede execution : In respect wherof Wee calling to mind out of that duetie which We owe to God , the precise account which We are to make in another world for the losse of so many liues , as might haue bin secured by prouidence , or preserued by care , and seeking no lesse tenderly to relieue men that are sensitiue of honor , then to punish others that are carelesse of Our Charge , haue set downe two wayes of satisfaction : The first , to the publike Iustice of the State ( wounded by contempt : ) the second to the party that complaines , offended by disgrace , as the best meanes to appease the wrath of God , and stay the current of manslaughters among men : For Our Subiects may be mooued hereby to apprehend , that so long as they breake Our order , by calling men presumptuously to triall by the Sword ( that in a better course are ready to redeeme their errour by a more ciuill and sober meane ) they may rest assured in both Cases to feele the sharpe edge of Our indignation by implacable seueritie .

Touching the first branch , which properly belongeth to Our place , in affrighting presumption with terrour , and pride with punishment , it is not hard to obserue , what satisfaction the Iustice of the State it selfe requires for the scorne receiued from wilfull contempt at the hand of those , that notwithstanding the remedies which are proportionably set downe to wrongs , yet follow their old Paradox , supposing no satisfaction to be sufficient , besides that which the partie that hath bene offended , taketh with his owne hand , and by the sword : a Maxime more agreeable in trueth to the disposition of a Cain , then of a Constantine . The proportions of punishments for all sorts of wrongs , are particularly expressed , to exclude all excuses of wilfull ignorance , publique respects holding by iust priuiledge the precedence of all priuate complaints , that in their fit times and places come by degrees , and at greater leasure to be compared and considered . For by what reason can they challenge to be forborne with tendernesse , or regarded with respect , that hauing before their eyes an offer of correspondent satisfaction , for iniury ( not freshly deuised , but anciently approued by worthy persons , that were reputed both in Courts and Campes the greatest Commaunders in their time : ) had rather take a course to aggrauate , then abate , to exasperate then qualifie : besides those sores , sighes , and sharpe corrasiues , which single Fights ( perplexing , or rather tormenting the consciences of quicke and ready vndertakers ) doe commonly bring with them .

But because it would be hard to comprise within the bulke of an ordinary Proclamation so many differences by narrow distinction , so many motiues of iudicious perswasion , so many kindes of worthy satisfaction , as the difficulties of the poynt it selfe , and the curiositie of questions in these times , require : Wee thought it requisite to referre this Proclamation to a more large discourse annexed , for the Warrant of the resolution it selfe , one furthering another by reciprocall respects , and concurring offices .

The care which Wee haue had euer since Wee were of vnderstanding and discretion to welde the Scepter of Authoritie and Maiestie , which God by prouidence vouchsafed to put into Our hands , to preserue Peace and Concord among Our loyall and louing Subiects , as well by ending causes of hereditary Quarrels , as by preuenting all occasions of Challenges , or Fights hand to hand , which commonly arise out of wrongs either truely offered , or partially imagined , may bee best knowen by the report of so many gallant Noblemen , and Gentlemen , as haue had the honor both before Our comming to this Crowne , and since , to attend Our Royall Person in the qualitie of Councellors , ordinary attendants , or Officers .

Wee haue not ceased to call carefully and earnestly vpon some that attend Our Seruice , that such Rules , Corrections , and Constitutions might bee published against some Cauillers in these dayes more apt to argue and contest , then to acknowledge and submit , admitting no other Iudge of the iust measure for satisfaction , then a sharpe sword in the hand of malice , dazeled , if not blinded with selfe loue ; yet hath Our charitable purpose beene so often both impeached and delayed by interuening lets , as it could not so speedily , as the quiet of the Kingdome , and the preseruation of many both illustrious and worthie Families did require , attaine to that happie end which it aymed at .

But finding by experience , that no kinde of warning , though proceeding from Our lenitie and grace , is able to containe those fiery affections , which create the matters vpon which their owne inuentions and malices may worke , and that this roote of rankor puts forth dayly fruits of very bitter taste , and desperate effect , depriuing the State of the kingdome of strong limmes , Our selues of worthy Subiects , and great houses of great hopes ; Our pleasure is to set this worthy worke in hand , with expedition , and to leaue the full perfection , and entire accomplishment to time , which supplies industry .

Touching the second part of satisfaction to the partie grieued and offended , to the qualitie and proportion of the wrong , after that the price of contempt hath beene first answered to the Iustice of the Gouernment , Wee haue commended such Instructions and Heads to the Lords in Commission , as hauing bene first carefully examined by them , then aduisedly approued by vs , and after formally digested into one body for an vniuersall good , abounding also with those pleasing balmes that are able aswell to consolidate as heale , may serue for euer in that office , as infallible receites aboue all exceptions to partiallity or iniurie , when succeeding times shall marke with duetie and discretion , of what worth those persons were that haue beene satisfied .

Wherefore though we hold it fit in all points to preferre reason to opinion , yet we wil admit no such conceits for reasons , as neglecting vniuersall rules ( which are indeed the fruits of experience and the treasure of time , ) applie them selues wholly to the pleasing of the vulgar taste , and to the spreading of a common Paradox : Neither will wee euer giue way ( so long as it shall please God that We weare this Crowne , and sit in this chaire of State ) to those giddie spirits , that out of vaineglorie or new fanglenesse in matters that belong to Regalment and Discipline , take a pride to swarue from the Reuerend Impressions of elder times , that haue wrought themselues into that worthy credit , which they hold by the worlds applause , and the proofe which all men haue of an vniuersall vtilitie .

All men that rightly vnderstand the nature of these Challenges , & single Fights hand to hand , or by match among Gentlemen , after a Challenge sent in cold blood , either by writing , or by message , and accepted of the partie opposite , must acknowledge that this brauery , was first borne and bred in Forraine parts ; but after conuaied ouer into this Island , as many other hurtfull and vnlawfull Wares are oftentimes in close packs , that neuer had the Seale of the places from whence they were brought to warrant them . For though it bee true that priuate men haue had their passions in attempting Quarrels , and some Princes likewise their errours and facilities , in winking at mens weakenesses in this kinde , for the space of many yeeres ; yet doth it not appeare by Recorde , or Historie , that any one Kingdome , State of Peeres , or Democratie , since the beginning of the World till this day , did euer make good or auow the lawfulnesse of those attempts vnder their Seales or Certificates , which their own Lawes , the Law of Nations , and the Lawes of God , doe both abhorre and abolish .

But since we finde of late that the Commanders of those States , wherein Fights vpon Challenge were more frequent in former times , vpon the daily Demonstrations of the mischiefe which they powre , both into priuate Families , and into the Common wealth it selfe , haue beene more quicke and sharpe then any other ( as their owne Edicts declare ) to suppresse the very seeds ; it were strange that Our Subiects should bee lesse apt to follow Forraine precedents , for the securitie both of their consciences and liues , then they were before to second them in the wilfull courses which they tooke , to the vtter ouerthrow both of their liues and consciences , making shipwracks of their Soules by falling vpon this fatal rocke , without a more secret and sound repentance then any man aliue , without the gift of Prophesie , can warrant or assure vnto himselfe in these speedie courses of dispatch , that send short Summons , for to protest to God priuately , as some aduise all Combatants as the surest helpe at a pinch before they begin fight , that [ Their end is rather to repell and reuenge disgrace , then to draw blood ] were in plaine termes Actum agere protestationi contrarium , and a more certaine way to exasperate the wrath of God by vntimely dalliance , then to excuse contempt by hypocrisie .

It skils not who reprooue , when Wee resolue , who dispute when Wee decide , who mutine against that which Wee vow to maintaine , or who complaine when Wee prosecute : For Our purpose is grounded vpon God , it is of proofe , it hath euer beene of vse , in a very high degree preseruing the fortunes , the liues , and the very soules of Our Subiects , from the spoile of Cormorants , the rage of weapons that reuenge , as they are vsed , without regard of iust measure , and from the iawes of hell : Wherefore let this serue for a gracious and faire warning to Our louing Subiects once for all , to forbeare sending or accepting Challenges from the time prefixed in the caution specified : For Our purpose is to remit no iot of that seuerity which is set downe In terminis terminantibus : That the Demonstration of Our heauy displeasure may make it cleare in the iudgement and experience of all the world , That it is not so proper to the condition of a dutifull and obedient Subiect , to assume vnto himselfe this lawlesse kind of libertie , in presuming to fight , when , where , and with whom hee list ; as to the right , the conscience and care of a Religious and iust Prince , to chastice all contempts of this high nature with due seuerity . Experience will proue , that to obey Superiours , is better then to Challenge equals , and by that time some delinquents haue in their owne persons paide the price of a contempt , warranted by no better ground then their owne glorie , the rest will be more apt and easie to be tempered and satisfied .