The works of Francis Bacon, lord chancellor of England.

CHARGE AGAINST DUELS. 297
yet to deliver my opinion as may be proper for that darkness, that he may not behold his sove
this time and place, there be four things that reign's face.
I have thought on, as the most effectual for the Lastly, and that which more properly concerneth
repressing of this depraved custom of particular this court: we see, my lords, the root of this
combats. offence is stubborn, for it despiseth death, which
The first is, that there do appear and be declared is the utmost of punishments; and it were a just
a constant and settled resolution in the state to but a miserable severity, to execute the law withabolish it. For this is a thing, my lords, must go out all remission or mercy, where the case proveth
down at cnce, or not at all; for then every parti- capital. And yet the late severity in France was
cular man will think himself acquitted in his repu- more, where, by a kind of martial law, established
tation, when he sees that the state takes it to heart, by ordinance of the king and parliament, the party
as an insult againstthe king's power and authority, that had slain another was presently had to the
and thereupon hath absolutely resolved to master gibbet, insomuch as gentlemen of great quality
it; like unto that which was set down in express were hanged, their wounds bleeding, lest a natuwords in the edict of Charles IX. of France, ral death should prevent the example of justice.
touching duels, that the king himself took upon But, my lords, the course which we shall take is
him the honour of all that took themselves grieved of far greater lenity, and yet of no less efficacy;
or interested for not having performed the combat. which is to punish, in this court, all the middle
So must the state do in this business: and in my acts and proceedings which tend to the duel,
conscience there is none that is but of a reasonable, which I will enumerate to you anon, and so to
sober disposition, be he never so valiant, except hew and vex the root in the branches, which, no
it be some furious person, that is like a firework, doubt, in the end wvill kill the root, and yet
but will be glad of it, when he shall see the law prevent the extremity of law.
and rule of state disinterest him of a vain and Now, for the law of England, I see it excepted
unnecessary hazard. to, though ignorantly, in two points;
Secondly, care must be taken that this evil be The one, that it should make no difference beno more cockered, nor the humour of it fed; tween an insidious and foul murder, and the
wherein I humbly pray your lordships that I may killing of a man upon fair terms, as they now
speak my mind freely, and yet be understood call it.
aright. The proceedings of the great and noble The other, That the law hath not provided
commissioners martial I honour and reverence sufficient punishment, and reparations, for conmuch, and of them I speak not in any sort; but I tumely of words, as the lie, and the like.
say the compounding of quarrels, which is other- But these are no better than childish novelties
wise in use by private noblemen and gentlemen, against the divine law, and against all laws in
it is so punctual, and hath such reference and effect, and against the examples of all the bravest
respect unto the received conceits, what's before- and most virtuous nations of the world.
hand., and what's behindhand, and I cannot tell For, first, for the law of God, there is never to
what, as without all question it doth, in a fashion, be found any difference made in homicide, but becountenance and authorize this practice of duels, tween homicide voluntary, and involuntary, which
as if it had in it somewhat of right. we term misadventure. And for the case of
Thirdly, I must acknowledge that I learned out I misadventure itself, there were cities of refuge;
of the king's last proclamation, the most prudent so that the offender was put to his flight, and that
and best applied remedy for this offence, if it flight was subject to accident, whether the reshall please his majesty to use it, that the wit of venger of blood should overtake him before he had
man can devise. This offence, my lords, is gotten sanctuary or no. It is true that our law
grounded upon a false conceit of honour, and, hath made a more subtle distinction between the
therefore, it would be punished in the same kind, will inflamed and the will advised; between man",in eo quis rectissime plectitur, in quo peccat." slaughter in heat, and murder upon prepensed
The fountain of honour is the king and his aspect, malice, or cold blood, as the soldiers call it; an
and the access to his person continueth honour indulgence not unfit for a choleric and warlike
in life, and to be banished from his presence is nation: for it is true,, ira furor brevis;" a man
one of the greatest eclipses of honour that can be; in fury is not himself. This privilege of passion
if his majesty shall be pleased that when this the ancient Roman law restrained, but to a case:
court shall censure any of these offences in persons that was, if the husband took the adulterer in the
of eminent quality, to add this out of his own manner; to that rage and provocation only it gave
power and discipline, that these persons shall be way, that a homicide was justifiable. But for a
banished and excluded from his court for certain difference to be made in case of killing and
years, and the courts of his queen and prince, I destroying man, upon a forethought purpose, bethink there is no man that hath any good blood in tween foul and fair, and as it were between single
him will commit an act that shall cast him into murder and vied murder, it is but a monstrouls
VOL. II.-38