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grounds of honour; as well because nothing can be honourable that is not lawful, and that it is no magnanimity or greatness of mind, but a swelling and tumour of the mind, where there faileth a right and sound judgment; as also for that it was rather justly to be esteemed a weakness, and a conscience of small value in a man's self to be dejected so with a word or trifling disgrace, as to think there is no re-cure of it, but by the hazard of life: whereas true honour in persons that know their own worth is not of any such brittle substance, but of a more strong composition. And finally, the court shewing a firm and settled resolution to proceed with all severity against these duels gave warning to all young noblemen and gentlemen, that they should not expect the like connivance or toleration as formerly have been, but that justice should have a full passage without protection or interruption. Adding, that after a strait inhibition, whosoever should attempt a challenge or combat, in case where the other party was restrained to answer him, as now all good subjects are, did by their own principles receive the dishonour and disgrace upon himself.

And for the present cause, the court hath ordered, adjudged, and decreed, that the said William Priest and Richard Wright be committed to the prison of the Fleet, and the said Priest to pay five hundred pounds, and the said Wright five hundred marks, for their several fines to his Majesty's use. And to the end, that some more public example may be made hereof amongst his Majesty's people, the court hath further ordered and decreed, that the said Priest and Wright shall at the next assizes, to be holden in the county of Surry, publickly, in face of the court, the judges sitting, acknowledge their high contempt and offence against God, his Majesty, and his laws, and shew themselves penitent for the same.

Moreover, the wisdom of this high and honourable court thought it meet and necessary that all sorts of his Majesty's subjects should understand and take notice of that which hath been said and handled this day touching this matter, as well by his Highness's attor

ney-general, as by the lords judges, touching the law in such cases. And therefore the court hath enjoined Mr. Attorney to have special care to the penning of this decree, for the setting forth in the same summarily the matters and reasons, which have been opened and delivered by the court touching the same; and nevertheless also. at some time convenient to publish the particulars of his speech and declaration, as very meet and worthy to be remembered and made known unto the world, as these times are. And this decree, being in such sort carefully drawn and penned, the whole court thought it meet, and so have ordered and decreed, that the same be not only read and published at the next assizes for Surry 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 known in all shires of this kingdom. And to that end the justices of assize are required by this honourable court to cause this decree to be solemnly read and published in all the places and sittings of their several circuits, and in the greatest assembly; to the end, that all his Majesty's subjects may take knowledge and understand the opinion of this honourable court in this case, and in what measure his Majesty and this honourable court purposeth to punish such as shall fall into the like contempt and offences hereafter. Lastly, this honourable court much approving that which the right honourable Sir Edward Coke, knight, Lord Chief Justice of England, did now deliver touching the law in this case of duels, hath enjoined his lordship to report the same in print, as he hath formerly done divers other cases, that such as understand not the law in that behalf, and all others, may better direct themselves, and prevent the danger thereof hereafter.

THE

CHARGE

OF

SIR FRANCIS BACON, KNIGHT,

THE KING'S ATTORNEY-GENERAL,

AGAINST

WILLIAM TALBOT,

A COUNSELLOR AT LAW, OF IRELAND,

Upon an Information in the Star-Chamber Ore tenus, for a Writing under his Hand, whereby the said William Talbot being demanded, Whether the Doctrine of Saurez, touching deposing and killing of Kings excommunicated, were true or no? he answered, That he referred himself unto that which the Catholic Roman Church should determine thereof.

Ultimo die termini Hilarii, undecimo Jacobi Regis.

MY LORDS,

I BROUGHT before you the first sitting of this term the cause of duels; but now this last sitting I shall bring before you a cause concerning the greatest duel which is in the Christian world, the duel and conflict between the lawful authority of sovereign Kings, which is God's ordinance for the comfort of human society, and the swelling pride and usurpation of the see of Rome in temporalibus, tending altogether to anarchy and confusion. Wherein if this pretence in the Pope of Rome, by cartels to make sovereign princes as the banditti, and to proscribe their lives, and to expose their kingdoms to prey; if these pretences, I say, and all persons that submit themselves to that part of the Pope's power in the least degree, be not by all possible severity repressed and punished,

the state of Christian Kings will be no other than the ancient torment described by the poets in the hell of the heathen; a man sitting richly robed, solemnly attended, delicious fare, &c. with a sword hanging over his head, hanging by a small thread, ready every moment to be cut down by an accursing and accursed hand. Surely I had thought they had been the prerogatives of God alone, and of his secret judgments: Solvam cingula regum, I will loosen the girdles of Kings; or again, He poureth contempt upon princes; or, I will give a King in my wrath, and take him away again in my displeasure; and the like: but if these be the claims of a mortal man, certainly they are but the mysteries of that person which exalts himself above all that is called God, supra omne quod dicitur Deus. Note it well, not above God, though that in a sense be true, but above all that is called God; that is, lawful Kings and magistrates.

But, my lords, in this duel I find this Talbot, that is now before you, but a coward; for he hath given ground, he hath gone backward and forward; but in such a fashion, and with such interchange of repenting and relapsing, as I cannot tell whether it doth extenuate or aggravate his offence. If he shall more publicly in the face of the court fall and settle upon a right mind, I shall be glad of it; and he that would be against the King's mercy, I would he might need the King's mercy: but nevertheless the court will proceed by rules of justice.

The offence therefore wherewith I charge this Talbot, prisoner at the bar, is this in brief and in effect: That he hath maintained, and maintaineth under his hand, a power in the Pope for deposing and murdering of Kings. In what sort he doth this, when I come to the proper and particular charge, I will deliver it in his own words without pressing or straining.

But before I come to the particular charge of this man, I cannot proceed so coldly; but I must express unto your lordships the extreme and imminent danger wherein our dear and dread Sovereign is, and in him we all; nay, all Princes of both religions, for it is a

common cause, do stand at this day, by the spreading and inforcing of this furious and pernicious opinion of the pope's temporal power: which though the modest sort would blanch with the distinction of in ordine ad spiritualia, yet that is but an elusion; for he that maketh the distinction, will also make the case. This peril, though it be in itself notorious, yet because there is a kind of dulness, and almost a lethargy in this age, give me leave to set before you two glasses, such as certainly the like never met in one age; the glass of France, and the glass of England. In that of France the tragedies acted and executed in two immediate Kings; in the glass of England, the same, or more horrible, attempted likewise in a Queen and King immediate, but ending in a happy deliverance. In France, Henry III. in the face of his army, before the walls of Paris, stabbed by a wretched Jacobine frier. Henry IV. a prince that the French do surname the Great, one that had been a saviour and redeemer of his country from infinite calamities, and a restorer of that monarchy to the ancient state and splendor, and a prince almost heroical, except it be in the point of revolt from religion, at a time when he was as it were to mount on horseback for the commanding of the greatest forces that of long time had been levied in France, this King likewise stillettoed by a rascal votary, which had been enchanted and conjured for the purpose.

In England, Queen Elizabeth, of blessed memory, a Queen comparable and to be ranked with the greatest Kings, oftentimes attempted by like votaries, Sommervile, Parry, Savage, and others, but still protected by the watchman that slumbereth not. Again, our excellent sovereign King James, the sweetness and clemency of whose nature were enough to quench and mortify all malignity, and a King shielded and supported by posterity; yet this King in the chair of Majesty, his vine and olive branches about him, attended by his nobles and third estate in parliament; ready in the twinkling of an eye, as if it had been a particular dooms-day, to have been brought to ashes, dispersed