The works of Francis Bacon, lord chancellor of England.

3062 STAR CHAMBER DECREE AGAINST DUELS.
writ of "1 Ne exeat regnum" against him; and justices that are trustea with the preservation of
the other to the lords in general, that he might be the peace, are not able to master and repress
assisted and countenanced in this service. those offences, which were by the court at large
After which opening and declaration of the ge- set forth, to be not only against the law of God,
neral cause, his majesty's said attorney did pro- to whom, and his substitutes, all revenge belongceed to set forth the proofs of this particular chal- eth, as part of his prerogative, but also against
lenge and offence now in hand, and brought to the oath and duty of every subject unto his mathe judgment and censure of this honourable jesty, for that the subject doth swear unto him by
court; whereupon it appeared to this honourable the ancient law allegiance of life and member;
court, by the confession of the said defendant, whereby it is plain inferred, that the subject hath
Priest himself, that he having received some no disposing power over himself of life and
wrong and disgrace at the hands of one Hutchest, member to be spent or ventured according to his
did thereupon, in revenge thereof, write a letter own passions and fancies, insomuch as the very
to the said Hutchest, containing a challenge to practice of chivalry in justs and tournays, which
fight with him at single rapier, which letter tile are but images of martial actions, appear by
said Priest did deliver to the said defendant, ancient precedents not to be lawful without the
Wright, together with a sticlk containing the king's license obtained. The court also noted,
length of the rapier, wherewith the said Priest that these private duels or combats were of anmeant to perform the fight. Whereupon the other nature from the combats which have been
said Wuright did deliver the said letter to the allowed by the law, as well of this land as of
said Tiutchest, and did read the same unto him; other nations, for the trial of rights or appeals.
and after the reading thereof, did also deliver to For that those combats receive direction and authe said Hutchest the said stick, saying, that the thority from the law; whereas these, contrariwise,
same was the length of the weapon mentioned in spring only from the unbridled humours of prithe said letter. But the said Hutchest, dutifully vate men. And as for the pretence of honour,
respecting the preservation of his majesty's peace, the court much misliking the confusion of degrees
did refuse the said challenge, whereby no farther which is grown of late, every man assuming unto
mischief did ensue thereupon. himself the term and attribute of honour, did
This honourable court, and all the honourable utterly reject and condemn the opinion that the
presence this day sitting, upon grave and mature private duel, in any person whatsoever, had any
deliberation, pondering the quality of these of- grounds of honour; as well because nothing can
fences, they generally approved the speech and be honourable that is not lawful, and that it is no
observations of his majesty's said attorney-ge- magnanimity or greatness of mind, but a swellneral, and highly commended his great care and ing and tumour of the mind, where there faileth a
good service in bringing a cause of this nature right and sound judgment; as also for that it was
to public punishment and example, and in pro- rather justly to be esteemed a weakness, and a
fessing a constant purpose to go on in the like conscience of small value in aman's self tobe decourse with others: letting him know, that he jected so with a word or trifling disgrace, as to
might expect from the court all concurrence and think there is no recure of it, but by the hazard of
assistance in so good a work. And thereupon life: whereas true honour, in persons that know
the court did by their several opinions and sen- their own worth, is not of any such brittle subtences declare how much it imported the peace stance, but of a more strong composition. And,
and prosperous estate of his majesty and his king- finally, the court, showing a firm and settled resodom, to nip this practice and offence of duels in the lution to proceed with all severity against these
head, which now did overspread and grow uni- duels, and gave warning to all young noblemen
versal, even among mean persons, and was not gentlemen, that they should not expect the like
only entertained in practice and custom, but was connivance or toleration as formerly have been,
framed into a kind of art and precepts: so that, but that justice should have a full passage, withaccording to the saying of the Scripture, ", mis- out protection or interruption. Adding, that after
chief is imagined like a law." And the court with a strait inhibition, whosoever should attempt a
one consent did declare their opinions: that, by challenge or combat, in case where the other party
the ancient law of the land, all inceptions, prepa- was restrained to answer him, as now all good
rations, and combinations to execute unlawful subjects are, did by their own principals receive
acts, though they never be performed, as they be the dishonour and disgrace upon himself.
not to be punished capitally, except it be in the case And for the present cause, the court hath ordered,
of treason, and some other particular cases of sta- adjudged, and decreed, that the said William
tlite law; so yet they are punishable as misde- Priest and Richard Wright be committed to the
meanors and contempts: and that this court was prison of the fleet, and the said Priest to pay five
proper for offences of such a nature; especially hundred pounds, and the said Wright five hundred
in this case, where the bravery and insolency of marks, for their several fines to his majesty's use
the times are such as the ordinary magistrates and And to the end, that some more public example