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A01138 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. 1614 (1614) STC 1125; ESTC S121055 15,080 60

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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