❧ By the King. royal blazon surmounted by a crown ¶ A Proclamation against private Challenges and Combats: With Articles annexed for the better directions to be used therein, and for the more judicial proceeding against Offenders. THe slaughters which We find to haue been strangely multiplied and increased in these later times, by the boldness which many of Our subiects take, to challenge any man into the Field, towards whom they carry either grudge or malice in their minds, under the pretext of satisfaction to pretended wrongs, without imploring aid either of the laws, or civil Magistrates: haue moved us, out of the tender care which We take of Our loyal Subiects lives, to enter into some speedy course for the stoping of a vain that bleeds both incessantly, and inwardly. For to speak truth, to what purpose serve the laws of God, the provisional instructions of men, and the course of ordinary Iustice in the Common wealth( whether Wee respect the Court of chivalry, or the civil Courts,) if it be free for Subiects out of the distemper of their own distempered conceits, either to rate the quality of the wrong supposed, or the satisfaction that belongs to it? Besides, it were great pity, that so many judgements as in other things show gravity and moderation, should be so strangely bewitched, and as it were enchanted in this kind with the very dregs of Circes Cup,( transforming consideration into passion, reason into appetite, and men into beasts) as to think that any grain of worth of reputation or true honour, can be drawn out of any act that is absolutely repugnant to all such laws( as well divine as human) as sway both Religions and Policies. For as no man accounts his armor of high proof, before it haue been tried by Shot, no more are Gentlemen esteemed for their valour by the greater part of giddy censours at this day, that haue not almost assoon as they can hold a Sword in their hand, put themselves vpon their proof, either in S. Georges fields, or at Finsbury, without the least respect to the Iustice of the ground that should make good the pursuit or event of the quarrel. WE are not ignorant in what degree slaughters vpon private Challenges are ranked by the laws of the land,( howsoever injury be made the mask) nor how earnest many busy persons are to make their own wills absolute in some point, since they know not by what colour or pretence to command in all, nor how cunningly some argue for excuse of Challenges, by imputing weakness( as they would haue us apprehended) to the laws and Statutes of the realm, in that they forbear either out of insensibilitie or neglect, to give satisfaction to some certain terms and reproaches, As for example to that of the lie, which the custom and construction of the dayes in which wee live, hath matched with those wrongs that are reputed to be most exorbitant: For though no private Challenge to the peril of a loyal Subiects life, be either just or compatible with the policy of any orderly or well stayed government vpon such poor grounds, as passion doth commonly pretend: yet so long as men deeply wounded by disgrace, were left destitute of help by ordinary and lawful means, they might with better colour seek to save and satisfy themselves by those sharp courses which the laws cannot justify. But since Our care hath been to give satisfaction by certain Rules and limitations to the least offence, contempt or disgrace, whereof reputation hath reason to be sensitive, Wee do not onely expect, but beside both will and command, That after forty dayes expired, which Wee prescribe to begin instantly from the publication of Our prohibition, no man shall presume in their wonted maner( which ought indeed to be no maner among worthy Subiects and sober men) either to sand or accept of Challenges, or to seek satisfaction by any other means then those, which are made good either by the laws of the kingdom, or the Court of Honour. The scope of this prefixed limitation to the space of forty dayes( intending onely to provide for Subiects, that by reason of their distance from the Centres of direction cannot so speedily be made acquainted with Our meaning, as they that are at hand) giveth small advantage to any inference, that in the mean space it shalbe lawful to begin or prosecute a quarrel in the form prohibited. For We do not onely exclude all such Interpreters from any kind of respite, dispensation or benefit pretended by the term,( in case it may be proved by examinations or depositions of witnesses, that before the quarrel they were privy to the stop) but further purpose also to deal more severely with them then any of the rest, for sucking poison out of Honisuckles, and making the care which We take of men that haue not deserved ill, a warrant for their own wilful boldness, that is opposite to authority. But as it is certain, that before the eye be able to discern plain figures, it must be cleared and enlightened by that visiue faculty which nature herself affords; so is it no less sure, that instruction ought to precede execution: In respect whereof Wee calling to mind out of that duty which We owe to God, the precise account which We are to make in another world for the loss of so many lives, as might haue been secured by providence, or preserved by care, and seeking no less tenderly to relieve men that are sensitive of honor, then to punish others that are careless of Our Charge, haue set down two ways of satisfaction: The first, to the public Iustice of the State( wounded by contempt:) the second to the party that complains, offended by disgrace, as the best means to appease the wrath of God, and stay the current of manslaughters among men: For Our Subiects may be moved hereby to apprehended, that so long as they break Our order, by calling men presumptuously to trial by the Sword( that in a better course are ready to redeem their error by a more civil and sober mean) they may rest assured in both Cases to feel the sharp edge of Our indignation by implacable severity. Touching the first branch, which properly belongeth to Our place, in affrighting presumption with terror, and pride with punishment, it is not hard to observe, what satisfaction the Iustice of the State itself requires for the scorn received from wilful contempt at the hand of those, that notwithstanding the remedies which are proportionably set down to wrongs, yet follow their old Paradox, supposing no satisfaction to be sufficient, besides that which the party that hath been offended, taketh with his own hand, and by the sword: a maxim more agreeable in truth to the disposition of a Cain, then of a Constantine. The proportions of punishments for all sorts of wrongs, are particularly expressed, to exclude all excuses of wilful ignorance, public respects holding by just privilege the precedence of all private complaints, that in their fit times and places come by degrees, and at greater leisure to be compared and considered. For by what reason can they challenge to be forborn with tenderness, or regarded with respect, that having before their eyes an offer of correspondent satisfaction, for injury( not freshly devised, but anciently approved by worthy persons, that were reputed both in Courts and camps the greatest commanders in their time:) had rather take a course to aggravate, then abate, to exasperate then qualify: besides those sores, sighs, and sharp corrasiues, which single Fights( perplexing, or rather tormenting the consciences of quick and ready undertakers) do commonly bring with them. But because it would be hard to comprise within the bulk of an ordinary Proclamation so many differences by narrow distinction, so many motives of judicious persuasion, so many kindes of worthy satisfaction, as the difficulties of the point itself, and the curiosity of questions in these times, require: Wee thought it requisite to refer this Proclamation to a more large discourse annexed, for the Warrant of the resolution itself, one furthering another by reciprocal respects, and concurring offices. The care which Wee haue had ever since Wee were of understanding and discretion to weld the sceptre of authority and majesty, which God by providence vouchsafed to put into Our hands, to preserve Peace and Concord among Our loyal and loving Subiects, as well by ending causes of hereditary Quarrels, as by preventing all occasions of Challenges, or Fights hand to hand, which commonly arise out of wrongs either truly offered, or partially imagined, may bee best known by the report of so many gallant Noblemen, and Gentlemen, as haue had the honor both before Our coming to this crown, and since, to attend Our royal Person in the quality of Councellors, ordinary attendants, or Officers. Wee haue not ceased to call carefully and earnestly vpon some that attend Our service, that such Rules, Corrections, and Constitutions might bee published against some cavillers in these dayes more apt to argue and contest, then to aclowledge and submit, admitting no other judge of the just measure for satisfaction, then a sharp sword in the hand of malice, dazzled, if not blinded with self love; yet hath Our charitable purpose been so often both impeached and delayed by interuening lets, as it could not so speedily, as the quiet of the kingdom, and the preservation of many both illustrious and worthy Families did require, attain to that happy end which it aimed at. But finding by experience, that no kind of warning, though proceeding from Our lenity and grace, is able to contain those fiery affections, which create the matters vpon which their own inventions and malices may work, and that this roote of rankor puts forth daily fruits of very bitter taste, and desperate effect, depriving the State of the kingdom of strong limbs, ourselves of worthy Subiects, and great houses of great hopes; Our pleasure is to set this worthy work in hand, with expedition, and to leave the full perfection, and entire accomplishment to time, which supplies industry. Touching the second part of satisfaction to the party grieved and offended, to the quality and proportion of the wrong, after that the price of contempt hath been first answered to the Iustice of the government, Wee haue commended such Instructions and Heads to the Lords in Commission, as having been first carefully examined by them, then advisedly approved by us, and after formally digested into one body for an universal good, abounding also with those pleasing balms that are able as well to consolidate as heal, may serve for ever in that office, as infallible hermits above all exceptions to partiality or injury, when succeeding times shall mark with duty and discretion, of what worth those persons were that haue been satisfied. Wherefore though we hold it fit in all points to prefer reason to opinion, yet we will admit no such conceits for reasons, as neglecting universal rules( which are indeed the fruits of experience and the treasure of time,) apply themselves wholly to the pleasing of the vulgar taste, and to the spreading of a common Paradox: Neither will wee ever give way( so long as it shall please God that We wear this crown, and sit in this chair of State) to those giddy spirits, that out of vainglory or new fanglenesse in matters that belong to Regalment and Discipline, take a pride to serve from the reverend Impressions of elder times, that haue wrought themselves into that worthy credit, which they hold by the worlds applause, and the proof which all men haue of an universal utility. All men that rightly understand the nature of these Challenges,& single Fights hand to hand, or by match among Gentlemen, after a Challenge sent in could blood, either by writing, or by message, and accepted of the party opposite, must aclowledge that this bravery, was first born and bread in foreign parts; but after conveyed over into this iceland, as many other hurtful and unlawful wears are oftentimes in close packs, that never had the seal of the places from whence they were brought to warrant them. For though it bee true that private men haue had their passions in attempting Quarrels, and some Princes likewise their errors and facilities, in winking at mens weaknesses in this kind, for the space of many yeeres; yet doth it not appear by record, or history, that any one kingdom, State of peers, or democraty, since the beginning of the World till this day, did ever make good or avow the lawfulness of those attempts under their seals or Certificates, which their own laws, the Law of Nations, and the laws of God, do both abhor and abolish. But since we find of late that the Commanders of those States, wherein Fights vpon Challenge were more frequent in former times, vpon the daily Demonstrations of the mischief which they power, both into private Families, and into the Common wealth itself, haue been more quick and sharp then any other( as their own Edicts declare) to suppress the very seeds; it were strange that Our Subiects should bee less apt to follow foreign precedents, for the security both of their consciences and lives, then they were before to second them in the wilful courses which they took, to the utter overthrow both of their lives and consciences, making shipwrecks of their souls by falling vpon this fatal rock, without a more secret and sound repentance then any man alive, without the gift of prophesy, can warrant or assure unto himself in these speedy courses of dispatch, that sand short Summons, for to protest to God privately, as some aduise all Combatants as the surest help at a pinch before they begin fight, that [ Their end is rather to repel and reuenge disgrace, then to draw blood] were in plain terms Actum agere protestationi contrarium, and a more certain way to exasperate the wrath of God by untimely dalliance, then to excuse contempt by hypocrisy. It skills not who reprove, when Wee resolve, who dispute when Wee decide, who mutiny against that which Wee vow to maintain, or who complain when Wee prosecute: For Our purpose is grounded vpon God, it is of proof, it hath ever been of use, in a very high degree preserving the fortunes, the lives, and the very souls of Our Subiects, from the spoil of Cormorants, the rage of weapons that reuenge, as they are used, without regard of just measure, and from the jaws of hell: Wherefore let this serve for a gracious and faire warning to Our loving Subiects once for all, to forbear sending or accepting Challenges from the time prefixed in the caution specified: For Our purpose is to remit no jot of that severity which is set down In terminis terminantibus: That the Demonstration of Our heavy displeasure may make it clear in the iudgement and experience of all the world, That it is not so proper to the condition of a dutiful and obedient subject, to assume unto himself this lawless kind of liberty, in presuming to fight, when, where, and with whom he list; as to the right, the conscience and care of a Religious and just Prince, to chastise all contempts of this high nature with due severity. Experience will prove, that to obey superiors, is better then to Challenge equals, and by that time some delinquents haue in their own persons paid the price of a contempt, warranted by no better ground then their own glory, the rest will be more apt and easy to be tempered and satisfied. given at Our Palace of Westminster the fourth day of February, in the eleventh year of Our reign of England, France, and Ireland, and of Scotland the seven and fortieth. God save the King. ❧ Imprinted at London by Robert Barker, Printer to the Kings most Excellent majesty. Anno Dom. 1613.