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 prosecutioÌ„ 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 Gâ—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 â—oâ—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
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 transâ—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
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