







 
   
     
       
         The charge of Sir Francis Bacon Knight, his Maiesties Attourney generall, touching duells vpon an information in the Star-chamber against Priest and Wright. With the decree of the Star-chamber in the same cause.
         Bacon, Francis, 1561-1626.
      
       
         
           1614
        
      
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             The charge of Sir Francis Bacon Knight, his Maiesties Attourney generall, touching duells vpon an information in the Star-chamber against Priest and Wright. With the decree of the Star-chamber in the same cause.
             Bacon, Francis, 1561-1626.
             England and Wales. Court of Star Chamber.
          
           61, [3] p.
           
             Printed [by George Eld] for Robert Wilson, and are to be sold [by Robert Wilson and W. Bladen] at Graies Inne Gate, and in Paules Churchyard at the signe of the Bible,
             [London] :
             1614.
          
           
             Printer's and booksellers' names from STC and addendum.
             The first leaf and the last leaf are blank.
             Reproduction of the original in Cambridge University Library.
          
        
      
    
     
       
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           THE
           CHARGE
           OF
           SIR
           FRANCIS
           BACON
           KNIGHT
           ,
           HIS
           Maiesties
           Attourney
           generall
           ,
           touching
           Duells
           ,
           vpon
           an
           information
           in
           the
           Star-chamber
           against
           Priest
           and
           Wright
           .
        
         
           WITH
           The
           Decree
           of
           the
           Star-chamber
           in
           the
           same
           cause
           .
        
         
           Printed
           for
           
             Robert
             Wilson
          
           ,
           and
           are
           to
           be
           sold
           at
           Graies
           Inne
           Gate
           ,
           and
           in
           Paules
           Churchyard
           at
           the
           signe
           of
           the
           Bible
           .
           1624.
           
        
      
    
     
       
         
         
         
           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
           prosecutiō
           (
           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
             EDVVARD
             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
             .
          
           
             EDVVARD
             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
           cōtrary
           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
           Cōmissioners
           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
           ,
           aud
           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
           ,
           &
           combinatiōs
           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
           .
        
      
    
     
  

