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A01138 The charge of Sir Francis Bacon Knight, his Maiesties Attourney generall, touching duells vpon an information in the Star-chamber against Priest and Wright. With the decree of the Star-chamber in the same cause. Bacon, Francis, 1561-1626.; England and Wales. Court of Star Chamber. 1614 (1614) STC 1125; ESTC S121055 15,080 60

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seruice were able to continew the renowne which this Kingdome hath obtained in all ages of being esteemed victorious Secondly his Maiesties said Atturney generall did discourse touching the causes and remedies of this mischefe that preuaileth so in these times shewing the ground thereof to bee a false and erroneous imagination of honor and credit according to the terme which was giuen vnto those Duells by a former proclamation of his Maiesties which called them bewitching Duells for that it is no better then a kind of sorcery which enchanteth the spirits of young men which beare great minds with a shew of honor in that which is no honor indeed beeing against religion law morall vertue and against the presidents and examples of the best times and valiantest Nations of the world which though they excelled for prowesse and millitary vertue in a publique quarrell yet knew not what these priuate Duells ment saying further that there was too much way and countenance giuen vnto these Duells by the course that is held by noble-men and gentle-men in compounding of quarrells who vse to stand too punctually vppon conceipts of satisfactions and distinctions what is before hand and what behind hand which doe but feed the humor Adding likewise that it was no fortitude to shew vallour in a quarrell except there were a iust and worthy ground of the quarell but that it was weakenesse to sette a mans life at so meane a rate as to bestowe it vppon trifling occasions which ought to bee rather offered vp and sacrificed to honourable seruices publique merrits good causes and noble aduentures And as concerning the Remedies hee concluded That the onely way was that the State would declare a constant and settled resolution to master and put downe this presumption in priuate men of what-soeuer degree of righting their owne wrongs and this to doe at once For that then euery perticuler man would think himselfe acquitted in his reputation when that he shal see that the State takes his honor into their hands and standeth betweene him and any Interest or preiudice which he might receiue in his reputation for obeying wherevnto he added likewise that the wisest and mildest way to suppresse these Duells was rather to punish in this Court all the acts of preparation which did in any wise tend to the Duells as this of Challenges and the like and so to preuent the Capitall punishment and to vexe the roote in the branches then to suffer them to run on to the execution and then to punish them Capitally after the maner of France where of late times Gentlemen of great quality that had killed others in Duell were carried to the Gibbet with their woundes bleeding least a naturall death should keepe them from the example of Iustice. Thirdly his Maiesties said Atturney generall did by many reasons which hee brought and alledged free the Law of England from certaine vaine and childish exceptions which are taken by these Duellists The one because the Law makes noe difference in punishment betweene an insidious and foule murther and the killing of a man vppon Challenge and faire tearmes as they call it Th' other for that the Law hath not prouided sufficient punishment and reparation for contumelie of wordes as the lye and the like wherein his Maiesties said Atturney generall did shew by many waighty arguments and examples That the Law of England did consent with the Law of God and the Law of Nations in both those pointes and that this distinction in murther betweene foule and fayre and this grounding of mortall quarrells vpon vnciuill and reproachfull words or the like disgraces was neuer authorised by any law or ancient examples but it is a late vanity crept in from the practise of the French who themselues since haue beene so weary of it as they haue beene forced to put it downe with all seuerity Fourthly his Maiesties said Attourney Generall did prooue vnto the Court by rules of law and presidents that this Court hath capacity to punish sending and accepting of Challenges though they were neuer acted nor executed taking for a ground infallible that wheresoeuer an offence is capitall or matter of fellony if it be acted and performed there the conspiracy combination or practise tending to the same offence is punishable as a high misdemeanor although they neuer were performed And therefore that practise to impoyson though it tooke no effect and the like haue beene punished in this Court and cyted the president in Garnons case wherein a crime of a much inferiour nature the suborning and preparing of witnesses though they neuer were deposed or deposed nothing materiall was censured in this Court whereupon hee concluded that forasmuch as euery appoyntment of the field is in law but a combination of plotting of a murther howsoeuer men might guilde it That therefore it was a case fit for the censure of this Court and therein he vouched a president in the very point that in a case betwene Wharton plantife and Elerker and Acklam defendants Acklam beeing a follower of Elerker had carried a challenge vnto Wharton and although it were by word of mouth and not by writing yet it was seuerely sensured by the Court the Decree hauing wordes that such Chalenges doe tend to the subuersion of gouernment And therefore his Maiesties Atturney willed the standerds by to take notice that it was noe innouation that he brought in but a proceeding according to former presidents of the Court although he purposed to follow it more throughly then had been done euer heeretofore because the times did more more require it Lastly his Maieesties said Attorney generall did declare and publish to the Court in seuerall Articles his purpose and resolution in what cases hee did intend to prosecute offences of that nature in this Court That is to say That if any man shall appoynt the field although the fight bee not acted or performed If any man shall send any challenge in writing or message of challenge If any man shall carry or deliuer any writing or message of challenge If any man shall accept or returne a challenge If any man shall accept to bee a second in a challenge of eyther part If any man shall depart the Realme with intention and agreement to performe the fight beyond the seas If any man shall reuiue a quarrell by any scandalous bruites or writings cōtrary to a former Proclamation published by his Maiesty in that behalfe that in all these cases his Maiesties Atturney generall in discharge of his duety by the fauour and assistance of his Maiesty and the Court would bring the offenders of what state or degree soeuer to the iustice of this Court leauing the Lords Cōmissioners Marshall to the more exact remedies adding further that hee heard there were certaine Councell learned of Duells that tell yong men when they are before hand and when they are otherwise and did incense and incite them to the Duell and made an art of it who likewise should not