is weakness, and not true greatness of mind, but like a sick man's body, that is so tender that it feels every thing. And so much in maintenance and demonstration of the wisdom and justice of the law of the land.

For the capacity of this Court, I take this to be a ground infallible; that wheresoever an offence is capital, or matter of felony, if it be acted, there the combination or practice tending to that offence is punishable in this Court as a high misdemeanor. So practice to impoison, though it took no effect; waylaying to murther, though it took no effect, and the like; have been adjudged heinous misdemeanors punishable in this Court. Nay inceptions and preparations in inferior crimes (that are not capital), as suborning and preparing of witnesses that were never deposed, or deposed nothing material, have likewise been censured in this Court, as appeareth by the decree in Garnon's case.

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Why then, the major proposition being such, the minor cannot be denied for every appointment of the field is but combination and plotting of murther; let them gild it how they list, they shall never have fairer terms of me in place of justice. Then the conclusion followeth, that it is a case fit for the censure of this Court. And of this there be precedents in the very point of challenge.

It was the case of Wharton, plaintiff, against Ellekar and Acklam defendants, where Acklam being a follower of Ellekar's, was censured for carrying a challenge from Ellekar to Wharton, though the challenge was not put in writing, but delivered only by word of message; and there are words in the decree, that such challenges are to the subversion of government.

These things are well known, and therefore I needed not so much to have insisted upon them, but that in this case I would be thought not to innovate any thing of mine own head, but to follow the former precedents of the Court, though I mean to do it more throughly, because the time requires it more.

Therefore now to come to that which concerneth my part; I say, that by the favour 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 writing, or any message of challenge.

If any man carry or deliver any writing or message of challenge.

If any man shall accept or return a challenge.

If any man shall accept to be a second in a challenge of either side.

If any man shall depart the realm, with intention and agreement to perform the fight beyond the seas.

If any man shall revive a quarrel by any scandalous bruits or writings, contrary to a former proclamation published by his Majesty in that behalf.

Nay I hear there be some Counsel learned of Duels, that tell young men when they are before-hand, and when they are otherwise, and thereby incense and incite them to the Duel, and make an art of it; I hope I shall meet with some of them too: and I am sure (my Lords) this course of preventing Duels in nipping them in the bud, is fuller of clemency and providence than the suffering them to go on, and hanging men with their wounds bleeding, as they did in France.

To conclude, I have some petitions to make, first to your Lordship, my Lord Chancellor, that in case I be advertised of a purpose in any to go beyond the sea to fight, I may have granted his Majesty's writ of Ne exeat regnum to stop him, for this giant bestrideth the sea, and I would take and snare him by the foot 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 business, that a man may be as well fur de se, as felo de se, if he steal out of the realm for a bad purpose; and for the satisfying of the words of the writ, no man will doubt but he doth machinari contra coronam (as the words of the writ be) that seeketh to murther a subject; for that is ever contra coronam et dignitatem. I have also a suit to your Lordships all in general, that for justice sake, and for true honour's sake, honour of religion, law, and the King our master, against this fond and false disguise or puppetry of honour, I may in my prosecution, which it is like enough may sometimes stir coals (which I esteem not for my particular, but as it may hinder the good service) I may (I say) be countenanced and assisted from your Lordships. Lastly, I have a petition to the noblesse and gentlemen of England, that they would learn to esteem themselves at a just price. Non hos quæsitum munus

in usus, their blood is not to be spilt like water or a vile thing; therefore that they would rest persuaded there cannot be a form of honour, except it be upon a worthy matter. But for this, ipsi viderint, I am resolved. And thus much for the general, now to the present case.

THE DECREE OF THE STARCHAMBER IN THE SAME CAUSE.

In Camera Stellatá coram Concilio ibidem 26° die Januarii, anno undecimo Jacobi regis.

William Lo. Knolles, Treasurer of the Household.

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Edward Lo: Wotton, Controller.

Joh: Lo: Stanhop, Vicechamberlain.

Sir Julius Cæsar, knight, Chancellor of the Exchequer.

This day was heard and debated at large the several matters of informations here exhibited by Sir Francis Bacon, knight, his Majesty's Attorney-general, the 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 the other against Richard Wright esquire, for carrying and delivering the said letter and stick unto the party challenged, and for other contemptuous and insolent behaviour used before the Justices of Peace in Surrey at their sessions, before whom he was convented. Upon the opening of which cause, his Highness' said Attorney-general did first give his reason to the Court why in a case which he intended should be a leading case, for the repressing of so great a mischief in the commonwealth, and concerning an offence which reigneth chiefly amongst persons of

honour and quality, he should begin with a cause which had passed between so mean persons as the defendants seemed to be; which he said was done, because he found this cause ready published, and in so growing an evil he thought good to lose no time; whereunto he added, that it was not amiss sometimes to beat the dog before the lion; saying further, that he thought it would be some motive for persons of birth and countenance to leave it, when they saw it was taken up by base and mechanical fellows; but concluded, That he resolved to proceed without respect of persons for the time to come, and for the present to supply the meanness of this particular case by insisting the longer upon the general point.

Wherein he did first express unto the Court at large the greatness and dangerous consequence of this presumptuous offence, which extorted revenge out of the magistrate's hand, and gave boldness to private men to be lawgivers to themselves; the rather because it is an offence that doth justify itself against the the law, and plainly gives the law an affront; describing also the miserable effect which it draweth upon private families, by cutting off young men, otherwise of good hope; and chiefly the loss of the King and the commonwealth, by casting away of much good blood, which being spent in the field upon occasion of service, were able to continue the renown which this kingdom hath obtained in all ages of being esteemed victorious.

Secondly, his Majesty's said Attorney-general did discourse touching the causes and remedies of this mischief that prevaileth so in these times; showing the ground thereof to be a false and erroneous imagination of honour and credit, according to the term which was given unto those Duels by a former proclamation of his Majesty's, which called them bewitching Duels, for that it is no better than a kind of sorcery, which enchanteth the spirits of young men, which bear great minds, with a show of honour in that which is no honour indeed; being against religion, law, moral virtue, and against the precedents and examples of the best times, and valiantest nations of the world; which though they excelled for prowess and military virtue in a public quarrel, yet knew not what these private Duels meant; saying further, that there was too much way and countenance given unto these Duels, by the course that is held by noblemen and gentlemen in compounding of quarrels, who use to stand too

punctually upon conceits of satisfactions and distinctions, what is before-hand and what behind-hand, which do but feed the humour: Adding likewise that it was no fortitude to shew valour in a quarrel, except there were a just and worthy ground of the quarrel; but that it was weakness to set a man's life at so mean a rate as to bestow it upon trifling occasions, which ought to be rather offered up and sacrificed to honourable services, public merits, good causes, and noble adventures. And as concerning the Remedies, he concluded, That the only way was, that the State would declare a constant and settled resolution to master and put down this presumption in private men, of whatsoever degree, of righting their own wrongs; and this to do at once; for that then every particular man would think himself acquitted in his reputation, when that he shall see that the State takes his honour into their hands, and standeth between him and any interest or prejudice which he might receive in his reputation for obeying whereunto he added likewise, that the wisest and mildest way to suppress these Duels was rather to punish in this Court all the acts of preparation which did in any wise tend to the Duels (as this of challenges and the like), and so to prevent the capital punishment, and to vex the root in the branches, than to suffer them to run on to the execution, and then to punish them capitally, after the manner of France: where of late times gentlemen of great quality, that had killed others in Duel, were carried to the gibbet with their wounds bleeding, lest a natural death should keep them from the example of justice.

Thirdly, his Majesty's said Attorney-general did by many reasons which he brought and alledged, free the law of England from certain vain and childish exceptions, which are taken by these Duellists: the one, because the law makes no difference in punishment between an insidious and foul murther, and the killing a man upon challenge and fair terms, as they call it; the other, for that the law hath not provided sufficient punishment and reparation for contumely of words, as the lie, and the like; wherein his Majesty's said Attorney-general did shew, by many weighty arguments and examples, that the law of England did consent with the law of God and the law of nations in both those points, and that this distinction in murther between foul and fair, and this grounding of mortal quarrels upon uncivil and reproachful words, or the like disgraces, was never authorised by