AN EDICT OR STATUTE lately set forth by the French King, concerning the prohibition and punishment of single and private Combats. Published there in the Parliament, June 27. 1609. And first printed at Poitiers by john of Marneff the King's Printer, 1609. with his majesties Privilege or Licence. ΒΆ Newly translated out of French. printer's or publisher's device LONDON, Printed by William Hall for Richard boil, and are to be sold at his shop in the Blackfriars. 1609. HENRY by the grace of God King of FRANCE and NAVARRE: To all his subjects greeting. The Kings our predecessors, and We, have made divers Ordinances & Statutes for the restraining and abolishing of the too common and familiar use of duels and single combats in this our kingdom. Moved, as most Christian Kings, with our duty, and the discharge of our consciences towards God: and as loving and gentle Fathers, with the general safety and welfare of all our Subjects: as likewise with the care We have of the preservation of our Soraigne authority, greatly offended and endamaged by the disordered and too much unbridled licence of those aforesaid combats. To this end have We, by our Edict, dated in April the year of our Lord 1602. and made by the consent and advice of all the Princes of our blood, the Officers of our Crown, and others of our Counsel which were then about Us, declared all such, as under a pretence of drawing satisfaction from any man for a pretended wrong, shall either challenge, or cause him to be challenged, guilty of high treason, and withal ordained they shall be punished accordingly: as likewise such as shall answer any such challenge, or assist & second such as do. With express prohibitions to all our Officers, of what place & quality soever, not to dispense with such as are guilty of the pain prescribed by the laws of our kingdom against the Criminals of interessed Majesty, or high treason, nor to moderate the same upon any consideration. Hoping that the grievousness and terror of the said pain will be a means to repress the liberty and detestable custom of those aforesaid combats. But so far are We from obtaining what We so laudably desire, that, to our great grief, and the no less contempt of God's Commandments and our own, these single duels or combats have since been far more frequent than before. Which we have observed principally to proceed from a false, erroneous and long conceived opinion, too deeply rooted in the hearts of our Nobility, who have always had their honour in greater estimation than their lives, That they ought not to demand or seek for any satisfaction of received wrongs, but only by arms, without disparaging their reputation, and incurring some note of cowardly baseness, but specially in those cases, which they imagine cannot be sufficiently repaired but by arms. Notwithstanding that We, to free them from this scruple and pretext, have by our foresaid Edict been willing to charge ourselves with whatsoever might be objected in this regard against those that should submit and range themselves to the obedience and observance thereof. Moreover, many as malicious as rash, not well informed of what heavy censure and judgement We do esteem such actions worthy, do often times on set purpose engage and precipitate themselves thereinto, to the no less endangering of their souls, then of their bodies, thinking to increase hereby their reputation, and to get the start and advantage of others. Howbeit, in effect they be directly contrary to true and solid honour, no way beseeming a true Christian, and altogether displeasing unto Vs. So that from Us they are to hope hereby for so little favour, that We detest the use of them, as We do those that practise them, as a more than brutish madness. Being willing therefore now last to make clear and manifest the false conceit of those that build such opinions upon so dangerous and deceitful foundations; and by the same means provide (as much as in Us lieth) for the disastrous inconveniences which are daily bred of the boundless overflow of this above said liberty: as experience teacheth Us, that sometimes it is necessary, for the better welfare of the Commonwealth, to alter and change the laws, and to accommodate them to such accidents as newly happen, to make them the more profitable: We likewise have thought it requisite, by the advice of the said Princes of our blood, Officers of our Crown, and other great and honourable persons near unto us, who by our express command have often assembled themselves together about this subject, to add to those preceding Statutes and Decrees made by our Predecessors, and by Us, against the said combats (without revoking or disannulling them in any thing) this present Ordinance. Which We will and command to be kept, and inviolably observed of all sorts of persons, of what estate or condition soever they be. Giving them all express prohibitions to this end: As likewise to the Queen our dear and best beloved Associate, & to all the said Princes of our blood, other Princes, and to our principal and special Officers & Servants, not to make any petition, request, or supplication unto us contrary hereunto, upon pain of our displeasure. Protesting and swearing by the living God, never to grant any grace or pardon, that may derogate from this present Ordinance, nor ever to dispense with any man from the pains and punishments thereby prescribed, in favour or consideration of any whosoever, nor for any cause, pretences, or respects, that may be taken, propounded, and alleged, whatsoever. I First of all, We enjoin all our foresaid Subjects, of what estate or condition soever they be, to live hereafter in peace, unity, and concord, without offending, wronging, contemning, or provoking one another to hatred and enmity, upon pain of incurring our indignation, & suffering withal some exemplary punishment. TWO We command that they honour and respect such persons as by birth, and by reason of those offices and dignities wherewith ourself have furnished them, deserve to be distinguished from other, as We understand they are: and that such as shall fail in this their duty and respect, be punished according to the quality of the person whom they have offended. III The said persons of quality shall likewise abstain from offending others, whereby to compel them to lose the respect which is due unto them. And where they shall so do, shall be bound to satisfy as shall be appointed. IV All differences that shall happen amongst our subjects, and whereof the examination and decision may and aught to be performed by justice, shall be ended and voided by the ordinary courses of law established in our kingdom. And We forbidden the parties to frame any quarrel thereon, upon pain to him that shall attempt it, of the utter loss of the thing in question, which now from this present we will adjudge to his adverse party. V And forasmuch as through the indiscretion and malice of some, others sometimes endure such grievous outrages, that they think it impossible to draw any amends from them which may satisfy them in their honour, but by way of arms; which being interdicted and forbidden by our said Edicts, they either seek it themselves, or practise it by their friends, and exercise it daily, to the great contempt of our Laws and our Authority, from whence those disorders, and so frequent murders, which at this present we will repress, do arise; We have judged it necessary, for the preventing of more perilous accidents, to permit, as by these presents We permit all and every person, that shall think himself offended by another in his honour and reputation, to complain to Us, or to our dear and best beloved cousins, the Constable and Marshals of France, and to demand either of Us, or them, the Combat; which shall be granted them by Us, according as We shall think it expedient for their honour. VI Such as are in our Provinces, may address themselves to the Governors of them, and in their absence, to our Lieutenant's General; and in default of them, to the Governors or Lieutenant's General of the Provinces next adjoining, to show their grievances to them, and to demand of them the said Combat. Which Governors or Lieutenant's General shall decide the said differences, if it may be done. And if they be of that nature, that they cannot be ended but by Combat, they shall give us notice of it, that they may receive & cause to be put in execution our commandment thereupon. VII The party offending shall be bound to appear before Us, or the said Constable and Marshals of France, as before the said Governors or Lieutenant's General in form above said, when he shall be called either by Us or them, when our command or theirs shall have been signified either to himself in person, or at his house two several times, with the complaint of the party grieved: And the request of the combat which he shall have made; whereto if he be wanting, it shall be then rejourned for three days. And not appearing, he shall be suspended for his disobedience from his honour, be made uncapable of bearing any arms, and turned over to the judges of our Courts of Parliament, every one according to his abode, to be punished as refractory to our ordinances and decrees. Which Courts We enjoin to do their duty herein. VIII If one of the said parties have just occasion to refuse the foresaid judges, to whom they are appointed to present their complaints, he shall have recourse to Us, and We will see to it. But if the causes of such refusal be found light and frivolous, and unworthy in some sort to be accepted, he shall be turned over with blame to the said judges, who shall dispose of it as they think best. IX He that shall ask the combat, and be judged not receivable, as having taken offence too lightly, and upon small occasion, shall be sent back with shame. X The Attemptor that shall have offered wrong unto another, so as to prejudice his honour, shall be deprived for the space of six years, of all such Charges, Honours, Titles, Offices, Dignities, & Pensions, as he is possessed with, and not be re-established in them during the said time, nor after, unless he shall have asked pardon of Us, and satisfied the party in such manner as shall have been determined, and withal received from Us new orders, and declaration of our will for his reentring into the said Charges. XI He that shall have no Office, Charge, Dignity, or Pension, shall lose the third part of the annual revenue of all such goods as he enjoyeth. Which thirds shall be levied by way of preference to all charges, debts, and obligations whatsoever, and employed to such use as We shall afterwards declare. And he whose said thirds shall amount to less than two hundred pounds, or that shall have none at all, shall be kept in prison the space of two whole years, wheresoever We shall appoint. XII Whosoever shall challenge any man the field in the behalf of another, or certify the challenge, or be the bearer of any dishonourable speech, shall for ever be degraded from his gentry, deprived of arms, be kept in perpetual prison, or be punished with some infamous death, according as shall by Us or by the foresaid judges be ordained. Besides, he shall forfeit for ever the half of his goods, as well movable as immovable. XIII He that esteeming himself offended, shall challenge the combat for himself, not having formerly demanded leave, as is here enjoined him, shall be deprived from ever being able to make his party good by arms with any man, as likewise from obtaining any satisfaction or amends for whatsoever injury he shall pretend to have received. And if he that shall have been challenged by him, shall give Us, or our foresaid Cousins, the Constable and Marshals of France, or at least the said Governors and our Lieutenant's General, notice thereof as We appoint them to do, the Charge, Office, or Pension, which the said challenger enjoyeth, shall be given, as from henceforth We ordain, to the party challenged, if he be a man of quality, and fit to hold the said Charges: but if he that is challenged, repair to the place appointed, or doth any thing tending to this end, without giving notice as aforesaid, he shall undergo the same punishments with the party challenging, and We will then dispose of the Charges, Offices, and Pensions of either party as shall seem best unto Vs. XIV If contrary to the prohibitions expressed in this our present Proclamation, it falleth out, that any fight, and kill another, he that shall have killed, shall undergo the pain of death, declared by all our Ordinances. And till such time as he be apprehended, he shall be deprived of those Charges, Dignities, and Pensions, which are in his possession. Moreover, the half of the revenue of all his goods shall for ten years space be employed to such ends and purposes as We shall ordain hereafter, without any satisfaction notwithstanding to the heirs of the party that is slain, because he disobeyed this our present Edict. And if both the parties die in the said combat, their bodies shall be deprived of burial, and the thirds of their goods in fee simple be employed to that same end as shall be said. And if they have no goods, their children shall be declared ignobles, and taxable for ten years. And in case they were before taxable, shallbe proclaimed to be unworthy of ever being noble, or holding any Charge, Dignity, or Office Royal. XV Such as shall have assisted the said Combatants, if once they have had weapons in hand, shall lose both life and goods, according to our former Edicts. And if they have been but only lookers on, yet went thither to that end and purpose, they shall be degraded from arms, and for ever be deprived of those Charges, Dignities, & Pensions, which they enjoy. And if it happened by chance that they were there, and nevertheless did not endeavour to part the said Combatants, and to hinder them from the deed, they shall be suspended from the performance and possession of the said Charges, Offices, & Pensions for six years, and shall not after the said term of time be restored unto them, till such time as they have asked pardon of Us, and procured new decrees and orders from Vs. XVI Those that of themselves shall fight in single combat, shall incur the pain of death, or perpetual imprisonment, with the loss of half their goods: and till such time as they be apprehended, shall be degraded from their Gentry, and deprived, during their life, of all their goods. XVII If the offences be committed in places of respect, besides the pains and penalties here above mentioned, from which We protest never to exempt any man; such as shall commit them, shall be subject to the sharpest and severest punishment contained in the laws and ordinances, as well ancient as modern, of our kingdom. XVIII All Laws, how good and holy soever, are nevertheless defective, and more hurtful often times then profitable to the Commonwealth, as likewise not very honourable to the Lawmaker, unless they be observed & executed in every point as they ought to be. Hence is it that We expressly enjoin & command our said cousins the Constable & Marshals of France, to whom the knowledge and decision of these contentions, quarrels, and differences that concern the honour & reputation of our said Subjects, appertain, that they diligently see to the observation of our present Edict, without using any moderation, or suffering it in any sort to be counterchecked by any favour or connivence: Notwithstanding all Letters private and patent, and all other Commands that may be received from Us, which We forbidden them to respect, as they desire to be pleasing and obedient herein unto Vs. XIX We give the like Commandment to all other Officers of our Crown, even in regard of those that are under their charge; and to the Governors or Lieutenant's General of our said Provinces, for our Subjects that inhabit in them, who shall repair unto them, as is permitted and ordained them by this our present Proclamation: Reserving to ourselves the liberty of adding hereunto by way of augmenting and enlarging the penalties, that which time, the practice and experience of such orders as in it are expressed, shall teach Us to be necessary, That We may cause the liberty and confusion abovesaid of these duels and single combats, utterly to cease in this our kingdom, as things too rashly undertaken, and with presumption on our authority; and by this means free our said Subjects from the inevitable perils of their souls, as of their bodies and goods, into which they run headlong continually by such means: Which We have declared, and by these Presents do declare, to be altogether infamous & shameful, as repugnant to true honour, as those, to which a passage by these Presents is made them, shall from henceforth be both honourable and profitable to them. XX And to the intent it may please God to bless our present intention, and to direct and prosper it to his glory, and the safety of our said Subjects, We have vowed, allotted, and appointed all such money as shall arise from the pecuniary penalties, seizures, perception, and enjoying of the profits and revenues of such as shall infringe this our said Edict, to be employed as well for the nourishing of the poor, and for the erecting of an Hospital Royal, which We have determined to build expressly to this end and purpose, as also for the repairing of decayed Churches in this our kingdom, not suffering the said sums of money to be diverted from these uses upon pain of grievous punishment. In the mean time We will and command, that the said sums of money be received by the Receiver of God's Hospital in our good City of Paris, who shall diligently keep it till such time as We shall otherwise dispose of it. We also give commandment to all our trusty friends, the judges of our Courts of Parliament, sheriffs, Bailiffs, and other our justices and Officers, to whom it appertaineth, That they cause the contents of these Presents to be read, published, and enregistered, kept, and observed, and that themselves keep and observe the same inviolably, and without infringement: For such is our pleasure. And to the end it may remain for ever firm and stable, We have signed these Presents with our own hand, and caused our Seal to be put thereto, without prejudice either to our own right, or that of other in any thing. Given at Fountainebleau, in june, the year of grace one thousand six hundred and nine; and of our reign the twentieth. Signed, HENRY. And a little lower, BRULLART. And on the side, VISA. And sealed with green wax, on labels of red and green silk. Read, published, and registered, at the request of the King's Attorney General, without prejudice to any rights, or obligations of pretended Creditors. And ordained that Copies compared with the original shall be sent to the Bayliwickes, and Counties of that Province to be read, published, and registered. Enjoind the Substitutes of the King's Attorney General to proceed in the publishing, and to certify the Court of their diligence within the month. At PARISH in Parliament, 26 june. 1609. Signed DU-TILLET. THis required the King's Attorney General, ordained that his majesties Edict now read, should be registered in the Court Rolls, that recourse might be had thereto when need required, and to be published with sound of trumpet thorough all the streets and corners of this City, where Proclamations are accustomed to be made, and sent with all diligence, at the charges of the Notary, to every particular Court, there to be likewise read, published, and registered; whereof the Officers shall certify the King's Attorney. It is enjoined, and We enjoin, all persons of what estate and condition soever they be, to obey it, upon pain as aforesaid. Made this 11. of july, 1609. THis present Proclamation hath been read and published the Court being assembled, and beside thorough all the streets of this Town of Poitiers, by me Stenon Renier Sergeant Royal, having with me Peter Pareau Crier, and Trumpeter ordinary of this City. Made this 11. of july, 1609. Signed Renier and Pareau.