THE CHARGE OF SIR FRANCIS BACON KNIGHT, HIS majesties Attorney general, touching Duels, upon 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 Gray Inn Gate, and in Paul's Churchyard at the sign of the Bible. 1624.   

THE CHARGE OF SIR FRANCIS BACON Knight his majesties Attorney general, touching Duels, upon 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 Lordships some cause touching private Duels, to see if this Court can do any good to tame and reclaim that evil which seems unbridled. And I could have wished that I had met with some greater persons, as a subject for your censure, both because it had been more worthy of this presence, and also the better to have showed the resolution myself hath to proceed without respect of persons in this business: But finding this cause on foot in my predecessors time, and published and ready for hearing, I thought to lose no time, in a mischief that groweth every day; and besides it passeth not amiss sometimes in government, that the greater sort be admonished by an example made in the meaner, and the dog to be beaten before the lion. Nay I should think (my Lords) that men of birth and quality will leave the practice, when it begins to be vilified and come so low as to Barbers-surgegeons and Butchers, and such base mechanical persons.  
And for the greatness of this presence, in which I take much comfort, both as I consider it in itself, and much more in respect it is by his majesties direction; I will supply the meanness of the particular cause, by handling of the general point; to the end that by occasion of this present cause, both my purpose of prosecution against Duels, and the opinion of the Court (without which I am nothing) for the censure of them may appear, and thereby offenders in that kind may read their own case, and know what they are to expect, which may serve for a warning until example may be made in some greater person, which I doubt the times will but too soon afford.  
Therefore before I come to the particular whereof your Lordships are now to judge, I think it time best spent to speak somewhat.  
First, of the nature and greatness of this mischief.  
Secondly, of the causes, and remedies.  
Thirdly, of the justice of the law of England, which some stick not to think defective in this matter.  
Fourthly, of the capacity of this Court, where certainly the remedy of this mischief is best to be found.  
And Fifthly, touching mine own purpose and resolution, wherein I shall humbly crave your Lordships aid and assistance.  
For the mischief itself, it may please your Lordships to take into your consideration that when revenge is once extorted out of the Magistrates hand contrary to God's ordinance, Mihi vindicta, ego retribuam, and every man shall bear the sword not to defend but to assail, and private men begin once to presume to give law to themselves, and to right their own wrongs, no man can foresee the danders and inconveniences that may arise and multiply thereupon. It may cause sudden storms in Court, to the disturbance of his Majesty, and unsaftie of his person. It may grow from quarrels, to banding, and from banding to trooping, and so to tumult and commotion, from particular persons to dissension of families and alliances, yea to national quarrels, according to the infinite variety of accidents, which fall not under foresight; so that the State by this means shall be like to a distempered, and unperfect body, continually subject to inflammations and convulsions.  
Besides, certainly, both in Divinity and in Policy, Offences of presumption are the greatest. Other offences yield and consent to the law that it is good, not daring to make defence, or to justify themselves; but this offence expressly gives the Law an affront, as if there were two laws, one a kind of Gowne-law, and the other a law of reputation, as they term it, so that Paul's & Westminster, the Pulpit and the courts of justice must give place to the law (as the King speaketh in his proclamation) of Ordinary tables, and such reverent assemblies; the year books and statute books must give place to some French and Italian pamphlets, which handle the doctrine of Duels, which if they be in the right, trans●amus ad illa, lets receive them, and not keep the people in conflict and distraction between two laws.  
Again (my Lords) it is a miserable effect, when young men, full of towardness and hope, such as the Poets call aurorae filii, sons of the morning, in whom the expectation and comfort of their friends consisteth, shall be cast away and destroyed in such a vain manner; but much more it is to be deplored when so much noble and gentle blood shall be spilled upon such follies, as if it were adventured in the field in service of the king & realm, were able to make the fortune of a day, and to change the fortune of a kingdom. So as your Lordships see what a desperate evil this is; it troubleth peace, it disfurnisheth war, it bringeth calamity upon private men, peril upon the state, and contempt upon the law.  
Touching the causes of it; The first motive no doubt is a false and erroneous imagination of honour and credit; and therefore the King, in his last Proclamation, doth most aptly and excellently call them, bewitching Duels. For, if one judge of it truly, it is no better than a sorcery that enchanteth the spirits of young men, that bear great minds, with a false show, species falsa; and a kind of satanical illusion and apparition of honour; against religion, against law, against moral virtue, and against the precedents and examples of the best times, and valiantest Nations, as I shall tell you by and by, when I shall show you that the law of England is not alone in this point.  
But then the seed of this mischief being such, it is nourished by vain discourses, and green and unripe conceits, which nevertheless have so prevailed, as though a man were stayed and sober minded, and a right believer touching the vanity and unlawfulness of these Duels, yet the stream of vulgar opinion is such, as it imposeth a necessity upon men of value to conform themselves; or else there is no living or looking upon men's faces: So that we have not to do, in this case, so much with particular persons, as with unsound and depraved opinions, like the dominations and spirits of the air, which the Scripture speaketh of.  
hereunto may be added, that men have almost lost the true notion and understanding of Fortitude and Valour. For Fortitude distinguisheth of the grounds of quarrels, whether they be just; and not only so, but whether they be worthy; and setteth a better price upon men's lives then to bestow them idly, Nay it is weakness, and disesteem of a man's self, to put a man's life upon such ledgier performances; A man's life is not to be trifled away, it is to be offered up and sacrificed to honourable services, public merits, good causes, and noble adventures. It is in expense of blood as it is in expense of money, It is no liberality to make a profusion of money upon every vain occasion, nor no more it is fortitude to make effusion of blood except the cause be of worth. And thus much for the causes of this evil.  
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 forerunners to the work of a higher and better hand. But yet to deliver my opinion, as may be proper for this time and place; There be four things that I have thought on, as the most effectual for the repressing of this depraved custom of particular Combats:  
The first is, that there do appear and be declared a constant and settled resolution in the State to abolish it. For this is a thing (my Lords) must go down at once, or not at all: For then every particular man will think himself acquitted in his reputation, when he sees that the state takes it to heart, as an insult against the King's power and authority, and thereupon hath absolutely resolved to master it, like unto that which was set down in express words in the edict of CHARLES the ninth of France touching Duels, That the King himself took upon him the honour of all that took themselves grieved or interessed for not having performed the Combat; So must the State do in this business, and in my Conscience there is none that is but of a reasonable sober disposition, be he never so valiant, (except it be some furious person that is like a firework) but will be glad of it, when he shall see the law and rule of State disinterest him of a vain and unnecessary hazard.  
Secondly, care must be taken that this evil be no more cockered, nor the humour of it fed; wherein I humbly pray your Lordships that I may speak my mind freely, and yet be understood aright. The proceedings of the great and noble Commissioners Marshal, I honour and reverence much, & of them I speak not in any sort; But I say the compounding of quarrels, which is otherwise in use, by private noble men and gentlemen, it is so punctual, and hath such reference and respect unto the received conceits, what's before hand, and what's behind hand, and I cannot tell what, as without all question it doth, in a fashion, countenance and authorize this practice of Duels, as if it had in it somewhat of right.  
Thirdly, I must acknowledge that I learned out of the King's last proclamation the most prudent and best applied remedy for this offence (if it shall please his Majesty to use it) that the wit of man can devise. This offence (my Lords) is grounded upon a false conceit of honour, and therefore it would be punished in the same kind, In eo quis rectissimé plectitur in quo peccat. The fountain of honour is the King, and his aspect, and the access to his person continueth honour in life, and to be banished from his presence is one of the greatest eclipses of honour that can be; if his Majesty shall be pleased that when this Court shall censure any of these offences in persons of eminent quality, to add this out of his own power and discipline, that these persons shall be banished and excluded from his Court for certain years, and the Courts of his Queen and Prince, I think there is no man that hath any good blood in him, will commit an act that shall cast him into that darkness, that he may not behold his Sovereign's face.  
Lastly, and that which more properly concerneth this Court, we see (my Lords) the root of this offence is stubborn: For it despiseth death, which is the utmost of punishments, and it were a just, but a miserable severity, to execute the law without all remission or mercy, where the case proveth capital. And yet the late severity in France was more, where by a kind of Marshal law established by ordinance of the King and Parliament, the party that had slain another was presently had to the gibbet, in so much as gentlemen of great quality were hanged, their wounds bleeding, lest a natural death should prevent the example of justice. But (my Lords) the course which we shall take is of far greater lenity, and yet of no less efficacy; which is to punish, in this Court, all the middle acts and proceedings which which tend to the Duel, (which I will enumerate to you anon) and so to hew and vex the root in the branches, which no doubt, in the end, will kill the root, and yet prevent the extremity of law.  
Now for the law of England, I see it excepted to, though ignorantly in two points; 

The one, that it should make no difference between an insidious and foul murder, and the kill of a man upon fair terms, as they now call it.  
The other, that the law hath not provided sufficient punishment, and reparations for contumely of words, as the Lie and the like.    
But these are no better than childish novelties against the divine law, and against all laws in effect, and against the examples of all the bravest and most virtuous Nations of the World.  
For first for the law of God, there is never to be found any difference made in homicide, but between homicide voluntary and involuntary, which we term misadventure. And for the case of misadventure itself, there were Cities of refuge; so that the offendor was put to his flight, & that flight was subject to accident, whether the revenger of blood should overtake him before he had gotten sanctuary or no; It is true that our law hath made a more subtle distinction between the will inflamed, and the will advised, between manslaughter in heat, and murder upon prepensed malice, or could blood, as the soldiers call it, an indulgence not unfit for a choleric and warlike Nation, for it is true, Ira furor brevis. a man in fury is not himself. This privilege of passion the ancient Roman law restrained, but to a Case, that was, if the husband, took the adulterer in the manner; to that rage and provocation only it gave way, that it was an homicide was justifiable. But for a difference to be made in case of killing and destroying man, upon a forethought purpose, between fowl and fair, and as it were between single murder and vied murder, it is but a monstrous child of this later age, and there is no shadow of it in any law Divine or human. Only it is true, I find in the Scripture that CAIN enticed his brother into the field, and slew him treacherously, But LAMED vaunted of his manhood, that he would kill a young man and if it were in his ●●rt: So as I see no difference between an insidious murder, and a braving, or presumptuous murder, but the difference between Cain and Lamed.  
As for examples in Civil 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 be noted they were free estates, and not under a Monarchy, whereby a man would think it a great deal the more reason that particular persons should have righted themselves; and yet they had not this practice of Duels, nor any thing that bore show thereof; and sure they would have had it if there had been any virtue in it. Nay as he saith, ●as est et, ab hoste doceri, it is memorable that is reported by a Councillor and Ambassador of the Emperors, touching the censure of the Turks, of these Duels; There was a Combat of this kind, performed by two persons of quality of the Turks, wherein one of them was slain, the other party was convented before the Council of Bassanes; the manner of the reprehension was in these words; How durst you undertake to fight one with the other? are there not Christians enough to kill? did you not know that whether of you should be slain the loss would be the great Seigneours? So as we may see that the most warlike Nations, whither generous or Barbarous hath ever despised this wherein now men glory.  
It is true (my Lords) that I find Combats of two natures authorized how justly I will not dispute, as to the later of them.  
The one when upon the approaches of armies in the face one of the other particular persons have made challenges for trial of valours in the field, upon the public quarrel.  
This the Romans called, pugna per-provocationem. And this was never, but either between the Generals themselves, who were absolute, or between particulars, by licence of the generals, never upon private authority. So you see DAVID asked leave when he fought with GOLIATH, and JOAB when the armies were met, gave leave, and said, let the young men play before us, and of this kind was that famous example in the wars of Naples, between twelve Spaniards and twelve Italians, where the Italians bore away the victory; besides other infinite like examples worthy and laudable, some times by singles, sometimes by numbers.  
The second Combat is a judicial trial of right, where the right is obscure, introduced by the Goths and the Northern Nation, but more anciently entertained in Spain; and this yet remains in some cases, as a Divine lot of battle, though controverted by Divines touching the lawfulness of it, So that a wise writer saith, Talitér pugnantes videntur tentare Deum, quia hoc volunt ut Deus ostendat et faciat miraculum, ut iustam causam habens victor efficiatur, quod saepé contrá accidit. But howsoever it be, this kind of fight taketh his warrant from law. Nay the French themselves whence this folly seemeth chiefly to have flown never had it but only in practice and toleration, but never as authorized by law; And yet now of late they have been fain to purge their folly with extreme rigour, insomuch as many Gentlemen left between death and life in the Duels (as I spoke before) were hastened to hanging with their wounds bleeding. For the State found it had been neglected so long, as nothing could be thought cruelty which tended to the putting of it down.  
As for the second defect, pretended in our law, that it hath provided no remedy for lies and fillippes, it may receive like answer; It would have been thought a madness amongst the ancient lawgivers, to have set a punishment upon the lie given, which in effect is but a word of denial, a negative of another's saying. Any lawgiver, if he had been asked the question, would have made Solon's answer, that he had not ordained any punishment for it, because he never imagined the world would have been so fantastical as to take it so highly. The Civilians they dispute whether an action of Injury lie for it, and rather resolve the contrary. And Francis the first of France, who first set on & stamped this disgrace so deep, is taxed by the judgement of all wise writers, for beginning the vanity of it; for it was he that when he had himself given the lie and defy to the Emperor, to make it currant in the world, said in a solemn assembly, That he was no honest man that would bear the lie, which was the fountain of this new learning.  
As for words of reproach and contumely (whereof the lie was esteemed none) it is not credible (but that the Orations themselves are extant) what extreme and exquisite reproaches were tossed up and down in the Senate of Rome, and the places of assembly, and the like in Grecia, and yet no man took himself fouled by them, but took them but for breath, and the style of an enemy, and either despised them or returned them, but no blood spilled about them.  
So of every touch or light blow of the person, they are not in themselves considerable, save that they have got upon them the stamp of a disgrace, which maketh these light things pass for great matter. The law of England, and all laws hold these degrees of Injury to the person; slander, battery, maim, and death: And if there be extraordinary circumstances of despite and contumely, as in case of libels and bastinadoes, and the like, this Court taketh them in hand and punisheth them exemplarly. But for this apprehension of a disgrace, that a fillip to the person should be a mortal wound to the reputation, it were good that men did hearken unto the saying of Consaluo the great and famous commander, that was wont to say; A Gentleman's honour should be, De telâ crassiore, of a good strong warppe or web that every little thing should not catch in it, when as now it seems they are but of copwebbe lawn, or such light stuff, which certainly 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 practise, tending to that offence is punishable in this Court, as a high misdemeanour. So practise to empoison, though it took no effect, waylay to murder though it took no effect, and the like, have been adjudged heinous misdemeanours 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 appear by the decree in Garnons case.  
Why? then the Mayor proposition being such, the Minor cannot be denied: for every appointment of the field is but combination and plotting of murder, let them guild 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 Elleckars, was censured for carrying a challenge from Ellecker 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 thoroughly, 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 wrighting, 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 majesties 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 murder 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 honours sake, honour of Religion, Law, and the King our Master against this fond and false disguise or puppetrey of honour, I may in my prosecution (which it is like enough may some times 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 quaesitum munus in usus, their blood is not to be spilled 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 star-chamber IN THE SAME CAUSE.  
In camerâ stellatâ coram concilio ibidem 26ᵒ die januarij anno undecimo jacobi regis.  

The Presence.  
THO: Lo: Ellesmere LORD Chancellor of England.  
HON: Earl of North: L: Privy Seal  
CHARLES Earl of Notting: Lo: high Admiral of England.  
G●OR: Lo: Archbishop of Canterbury.  
JOHN Lo: Bishop of London.  
Sir EDWARD Cook Knight, L: chief justice of England.  
The Earl of Suffolk Lord Chamberlain. 〈◊〉 Lord ●o●che.  
Sir Hen. Hobart Knight Lord chief justice of the common-pleas.  
WILLIAM: Lo. Knolles, Treasurer of the Household.  
EDWARD Lo. Wotton Controller.  
IOH: Lo: Stanhop, Vicechamberlaine.  
Sir JULIUS Caesar 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 majesties Attorney General, 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 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 & 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 & dangerous consequence of this presumptuous offence, which extorted revenge out of the Magistrates hand, and gave boldness to private men to be law givers to themselves, the rather because it is an offence that doth justify itself against 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 Commonwealth, by the 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 majesties 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 Majesties, 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 show 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, then 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 majesties said Attorney general did by many reasons, which he brought and alleged, free the Law of England from certain vain and childish exceptions, which are taken by these Duelists: The one, because the Law makes no difference in punishment between an insidious and foul murder, and the kill of a man upon Challenge and fair terms, as they call it, Th'other for that the Law hath not provided sufficient punishment, and reparation for contumely of words, as the lie, and the like: wherein his majesties said Attorney general did show, 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 murder between foul and fair, and this grounding of mortal quarrels upon uncivil and reproachful words, or the like disgraces, was never authorized by any law, or ancient examples, but it is a late vanity crept in from the practice of the French, who themselves since have been so weary of it, as they have been forced to put it down with all severity.  
Fourthly, his majesties said Attorney General did prove unto the Court by rules of law and precedents; that this Court hath capacity to punish sending and accepting of Challenges, though they were never acted nor executed; taking for a ground infallible, that wheresoever an offence is capital or matter of felony, if it be acted and performed, there the conspiracy, combination, or practise tending to the same offence is punishable as a high misdemeanour, although they never were performed. And therefore that practice to empoison though it took no effect, and the like, have been punished in this Court: and cited the precedent in Garnons case, wherein a crime of a much inferior nature, the suborning and preparing of witnesses though they never were deposed, or deposed nothing material, was censured in this Court, whereupon he concluded, that forasmuch as every appointment of the field is in law but a combination of plotting of a murder, howsoever men might guild it: That therefore it was a case fit for the censure of this Court; and therein he vouched a precedent in the very point, that in a case between Wharton plaintiff and Elerker and Acklam, defendants. Acklam being a follower of Elerker had carried a challenge unto Wharton, and although it were by word of mouth, and not by writing, yet it was severely sensured by the Court; the Decree having words, that such Challenges do tend to the subversion of government: And therefore his majesties Attorney willed the standards by to take notice that it was no innovation that he brought in, but a proceeding, according to former precedents of the Court, although he purposed to follow it more thoroughly than had been done ever heretofore, because the times did more & more require it. Lastly, his Maieesties' said Attorney general did declare and publish to the Court in several Articles his purpose and resolution in what cases he did intend to prosecute offences of that nature in this Court, That is to say, That if any man shall appoint the field, although the fight be not acted or performed. If any man shall send any challenge in writing, or message of challenge: If any man shall 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 part: 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, that in all these cases his majesties Attorney general, in discharge of his duty by the favour and assistance of his Majesty and the Court, would bring the offenders of what state or degree soever to the justice of this Court, leaving the Lords Commissioners Marshal to the more exact remedies, adding further, that he heard there were certain Council learned of Duels, that tell young men when they are before hand and when they are otherwise, and did incense and incite them to the Duel, and made an art of it, who likewise should not be forgotten, and so concluded with two petitions, the one in particular to the Lord Chancellor, that in case advertisement were given of a purpose in any to go beyond the seas to fight, there might be granted his Majesties writ of Né exeat regnum against him: And the other to the Lords in general, that he might be assisted and countenanced in this service.  
After which opening and declaration of the general cause, his majesties said Attorney did proceed to set forth the proofs of this particular challenged and offence now in hand and brought to the judgement and censure of this honourable Court; whereupon it appeared to this honourable Court by the confession of the said defendant Priest himself, that he having received some wrong and disgrace at the hands of one Hutchest, did thereupon in revenge thereof writ a letter to the said Hutchest containing a challenge to fight with him at single rapier, which letter the said Priest did deliver to the said defendant Wright, together with a stick containing the length of the rapier, wherewith the said Priest meant to perform the fight; whereupon the said Wright did deliver the said letter to the said Hutchest, and did read the same unto him and after the reading thereof did also deliver to the said Hutchest the said stick, saying, that the same was the length of the weapon mentioned in the said Letter. But the said Hutchest, (dutifully respecting the preservation of his majesties peace) did refuse the said Challenge, whereby no further mischief did ensue thereupon. This honourable Court, and all the honourable presence this day sitting, upon grave and mature deliberation, pondering the qulality of these offences, they generally approved the speech and observations of his majesties said Attorney general, and highly commended his great care and good service in bringing a cause of this nature to public punishment and example, and in professing a constant purpose to go on in the like course with others; letting him know, that he might expect from the Court all concurrence and assistance in so good a work. And thereupon the Court did by their several opinions and sentences declare how much it imported the peace and prosperous estate of his Majesty and his kingdom to nip this practice and offence of Duels in the head, which now did overspread and grow universal, even among mean persons, and was not only entertained in practice and custom, but was framed into a kind of Art and Precepts; so that according to the saying of the Scripture, Mischief is imagined like a law. And the Court with one consent did declare their opinions. That by the ancient law of the land all Inceptions, preparations, & combinations to execute unlawful acts, though they never be performed as they be not to be punished capitally, except it be in case of treason, and some other particular cases of statute law: So yet they are punishable as misdemeanours and contempts: And that this Court was proper for offences of such nature, specially in this case, where the bravery and insolency of the times are such as the ordinary Magistrates and justices, that are trusted with the preservation of the Peace, are not able to master and repress these offences, which were by the Court at large set forth, to be not only against the law of God, to whom, and his substitutes all revenge belongeth as part of his prerogative, but also against the oath and duty of every subject unto his Majesty, for that the subject doth swear unto him, by the ancient law, allegiance of life and member, whereby it is plainly inferred that the subject hath no disposing power over himself of life and member to be spent or ventured according to his own passions and fancies, insomuch as the very practice of Chivalry in justs and Attorneys, which are but images of martial actions, appear by ancient precedents not to be lawful without the King's licence obtained. The Court also noted, that these private Duels or Combats were of another nature from the Combats which have been allowed by the law aswell of this land as of other nations for the trial of rights or appeals. For that those Combats received rection & authority from the law, whereas these chose spring only from the unbridled humours of private men. And as for the pretence of honour, the Court much misliking the confusion of degrees which is grown of late (every man assuming unto himself the term and attribute of honour) did utterly reject and condemn the opinion that the private Duel, in any person whatsoever, had any grounds of honour, aswell because nothing can be honourable that is not lawful, and that it is no magnanimity or greatness of mind, but a swelling & tumour of the mind, where there faileth a right and sound judgement; 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 recure of it, but by 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 showing 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 connivence 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 pound, and the said Wright five hundred marks for their several Fines to his majesties use. And to the end that some more public example may be made hereof amongst his majesties 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 Surrey publicly in face of the Court, the judges sitting, acknowledge their high contempt and offence against God, his Majesty, and his laws, and show themselves penitent for the same. Moreover the wisdom of this high and honourable Court thought it meet and necessary that all sorts of his majesties subjects should understand and take notice of that which hath been said and handled this day touching this matter, aswell by his highness Attorney general, as by the Lords, judges, touching the law in such cases. And therefore the Court hath enjoined Master 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 to the world, as these times are: And this decree, being in such sort carefully drawn & 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 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 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 sit of their several Circuits, and in the greatest assembly, to the end that all his majesties 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.  
FINIS.