the charge OF sir Francis bacon knight his majesty attorney general touch duel  upon a information in the star chamber against priest and wright my lord I  think it fit for my place and for these time to bring to hear before your lord  ship some cause touch private duel to see if this court can do any good to  tame and reclaim that evil which seem unbridle and I can have wish that I have  meet with some great person as a subject for your censure both because it have  be more worthy of this presence and also the better to have show the  resolution my self have to proceed without respect of person in this business  but find this cause on foot in my predecessor time and publish and ready for  hear I think to lose no time in a mischief that grow every day and beside it  pass not amiss some time in government that the great sort be admonish by a  example make in the mean and the dog to be Beatrice before the lion nay I  shall think my lord that man of birth and quality will leave the practice when  it begin to be vilify and come so low as to barber surgegeons and butcher and  such base mechanical person and for the greatness of this presence in which I  take much comfort both as I consider it in it self and much more in respect it  be by his majesty direction I will supply the meanness of the particular cause  by handle of the general point to the end that by occasion of this present  cause both my purpose of prosecution against duel and the opinion of the court  without which I be nothing for the censure of they may appear and thereby  offender in that kind may read their own case and know what they be to expect  which may serve for a warning until example may be make in some great person  which I doubt the time will but too soon afford therefore before I come to the  particular whereof your lordship be now to judge I think it time best spend to  speak somewhat first of the nature and greatness of this mischief second of  the cause and remedy three of the justice of the law of England which some  stick not to think defective in this matter fourthly of the capacity of this  court where certain the remedy of this mischief be best to be find and five  touch I own purpose and resolution wherein I shall humble crave your lordship  aid and assistance for the mischief it self it may please your lord ship to  take into your consideration that when revenge be once extort out of the  magistrate hand contrary to God ordinance Mihi a rod ego to give back and  every man shall bear the sword not to defend but to assail and private man  begin once to presume to give law to they self and to right their own wrong no  man can foresee the danders and inconvenience that may arise and multiply  there upon it may cause sudden storm in court to the disturbance of his  majesty and unsafety of his person it may grow from quarrel to band and from  band to troop and so to tumult and commotion from particular person to  dissension of family and alliance yea to national quarrel accord to the  infinite variety of accident which fall not under before sight so that the  state by this mean shall be like to a distemper and unperfect body continual  subject to inflammation and convulsion beside certain both in divinity and in  policy offence of presumption be the great other offence yield and consent to  the law that it be good not dare to make defence or to justify themselves but  this offence express give the law a affront as if there be two law one a kind  of Gowne-law and the other a law of reputation as they term it so that Paul  Westminster the pulpit and the court of justice must give place to the law as  the king speak in his proclamation of ordinary table and such reverend  assembly the yearbooks and statute book must give place to some French and  Italian pamphlet which handle the doctrine of duel which if they be in the  right transamus and that let we receive they and not keep the people in  conflict and distraction between two law again my lord it be a miserable  effect when young man full of towardness and hope such as the poet call  aurorae son son of the morning in who the expectation and comfort of their  friend consist shall be cast away and destroy in such a vain manner but much  more it be to be deplore when so much noble and gentle blood shall be spill  upon such folly as if it be adventure in the field in service of the king  realm be able to make the fortune of a day and to change the fortune of a  kingdom so as your lordship see what a desperate evil this be it trouble peace  it disfurnishes war it bring calamity upon private man peril upon the state  and contempt upon the law touch the cause of it the first motive no doubt be a  false and erroneous imagination of honour and credit and therefore the king in  his last proclamation do most apt and excellent call they bewitch duel for if  one judge of it true it be no better then a sorcery that enchant the spirit of  young man that bear great mind with a false show species falsehood and a kind  of satanical illusion and apparition of honour against religion against law  against moral virtue and against the precedent and example of the best time  and valiant nation as I shall tell you by and by when I shall show you that  the law of England be not alone in this point but then the seed of this  mischief be such it be nourish by vain discourse and green and unripe conceit  which nevertheless have so prevail as though a man be stay and sober mind and  a right believer touch the vanity and unlawfulness of these duel yet the  stream of vulgar opinion be such as it impose a necessity upon man of valve to  conform they self or else there be no live or look upon man face so that we  have not to do in this case so much with particular person as with unsound and  deprave opinion like the domination and spirit of the air which the scripture  speak of here unto may be add that man have almost lose the true notion and  understanding of fortitude and valour for fortitude distinguish of the ground  of quarrel whether they be just and not only so but whether they be worthy and  set a better price upon man life then to bestow they idle nay it be weakness  and disesteem of a man self to put a man life upon such ledgier performance a  man life be not to be trifle away it be to be offer up and sacrifice to  honourable service public merit good cause and noble adventure it be in  expense of blood as it be in expense of money it be no liberality to make a  profusion of money upon every vain occasion nor no more it be fortitude to  make effusion of blood except the cause be of worth and thus much for the  cause of this evil for the remedy I hope some great and noble person will put  his hand to this plough and I wish that my labour of this day may be but  before runner to the work of a high and better hand but yet to deliver my  opinion as may be proper for this time and place there be four thing that I  have think on as the most effectual for the repress of this deprave custom of  particular combat the first be that there do appear and be declare a constant  and settle resolution in the state to abolish it for this be a thing my lord  must go down at once or not at all for then every particular man will think  himself acquit in his reputation when he see that the state take it to heart  as a insult against the king power and authority and thereupon have absolute  resolve to master it like unto that which be set down in express word in the  edict of Charles the nine of France touch duel that the king himself take upon  he the honour of all that take they self grieve or interest for not have  perform the combat so must the state do in this business and in my conscience  there be none that be but of a reasonable sober disposition be he never so  valiant except it be some furious person that be like a fire work but will be  glad of it when he shall see the law and rule of state disinterest he of a  vain and unnecessary hazard second care must be take that this evil be no more  cocker nor the humour of it feed wherein I humble pray your lordship that I  may speak my mind free and yet be understand aright the proceed of the great  and noble commissioner martial I honour and reverence much of they I speak not  in any sort but I say the compound of quarrel which be other wise in use by  private noble man and gentleman it be so punctual and have such reference and  respect unto the receive conceit what be before hand and what be behind hand  and I can tell what as without all question it do in a fashion countenance and  authorize this practice of duel as if it have in it some what of right three I  must acknowledge that I learned out of the king last proclamation the most  prudent and best apply remedy for this offence if it shall please his majesty  to use it that the wit of man can devise this offence my lord be ground upon a  false conceit of honour and therefore it will be punish in the same kind in  eastern quis to ungird to be punished in quo make mistake the fountain of  honour be the king and his aspect and the access to his person continue honour  in life and to be banish from his presence be one of the great eclipse of  honour that can be if his majesty shall be please that when this court shall  censure any of these offence in person of eminent quality to add this out of  his own power and discipline that these person shall be banish and exclude  from his court for certain year and the court of his queen and prince I think  there be no man that have any good blood in he will commit a act that shall  cast he into that darkness that he may not behold his sovereign face last and  that which more proper concern this court we see my lord the root of this  offence be stubborn for it despise death which be the utmost of punishment and  it be a just but a miserable severity to execute the law without all remission  or mercy where the case prove capital and yet the late severity in France be  more where by a kind of martial law establish by ordinance of the king and  parliament the party that have slay another be present have to the gibbet in  so much as gentleman of great quality be hang their wound bleed least a  natural death shall prevent the example of justice but my lord the course  which we shall take be of far great lenity and yet of no less efficacy which  be to punish in this court all the middle act and proceed which which tend to  the duel which I will enumerate to you anon and so to hue and vex the root in  the branch which no doubt in the end will kill the root and yet prevent the  extremity of law now for the law of England I see it except to though ignorant  in two point the one that it shall make no difference between a insidious and  foul murder and the kill of a man upon fair term as they now call it the other  that the law have not provide sufficient punishment and reparation for  contumely of word as the lie and the like but these be no better then childish  novelty against the divine law and against all law in effect and against the  example of all the brave and most virtuous nation of the world for first for  the law of God there be never to be find any difference make in homicide but  between homicide voluntary and involuntary which we term misadventure and for  the case of misadventure it self there be city of refuge so that the to hit be  put to his flight that flight be subject to accident whether the revenger of  blood shall over take he before he have get sanctuary or no it be true that  our law have make a more subtle distinction between the will inflame and the  will advice between manslaughter in heat and murder upon prepense malice or  can blood as the soldier call it a indulgence not unfit for a choleric and  warlike nation for it be true iris i furor short catalog a man in fury be not  himself this privilege of passion the ancient Roman law restrain but to a case  that be if the husband take the adulterer in the manner to that rage and  provocation only it give way that it be a homicide be justifiable but for a  difference to be make in case of kill and destroy man upon a forethink purpose  between fowl and fair and as it be between single murder and vie murder it be  but a monstrous child of this late age and there be no shadow of it in any law  divine or humane only it be true I find in the scripture that Cain entice his  brother into the field and slay he treacherous but lame vaunt of his manhood  that he will kill a young man and if it be in his be so as I see no difference  between a insidious murder and a brave or presumptuous murder but the  difference between Cain and lame as for example in civil state all memory do  consent that grease and Rome be the most valiant and generous nation of the  world and that which be more to be note they be free estate and not under a  Monarchy whereby a man will think it a great deal the more reason that  particular person shall have right themselves and yet they have not this  practice of duel nor any thing that bear show thereof and sure they will have  have it if there have be any virtue in it nay as he say as be et ab host  to cause to know it be memorable that be report by a councillor and ambassador  of the emperor touch the censure of the turk of these duel there be a combat  of this kind perform by two person of quality of the turk wherein one of they  be slay the other party be convent before the Council of bassa the manner of  the reprehension be in these word how dare you undertake to fight one with the  other be there not Christian enough to kill do you not know that whether of  you shall be slay the lose will be the great Seigneours so as we may see that  the most warlike nation whither generous or barbarous have ever despise this  wherein now man glory it be true my lord that I find combat of two nature  authorize how just I will not dispute as to the late of they the one when upon  the approach of army in the face one of the other particular person have make  challenge for trial of valour in the field upon the public quarrel this the  Roman call fist per-prouocationem and this be never but either between the  general themselves who be absolute or between particular by licence of the  general never upon private authority so you see david ask leave when he fight  with Goliath and joab when the army be meet give leave and say let the young  man play before we and of this kind be that famous example in the war of  Naples between twelve Spaniard and twelve Italian where the Italian bear away  the victory beside other infinite like example worthy and laudable some time  by single some time by number the second combat be a judicial trial of right  where the right be obscure introduce by the Goth and the Northern nation but  more ancient entertain in Spain and this yet remain in some case as a divine  lot of battle though controvert by divine touch the lawfulness of it so that a  wise writer say in such a manner  to fight to see to feel the pulse god  because hoc volunt ut Deus to stretch out et to make wonder ut legitimate  cause to have victor to make out quoth often contra to fall upon but howsoever  it be this kind of fight take his warrant from law nay the French themselves  whence this folly seem chief to have fly never have it but only in practice  and toleration but never as authorize by law and yet now of late they have be  fain to purge their folly with extreme rigour insomuch as many gentleman leave  between death and life in the duel as I speak before be hasten to hang with  their wound bleed for the state find it have be neglect so long as nothing can  be think cruelty which tend to the put of it down as for the second defect  pretend in our law that it have provide no remedy for lie and fillippes it may  receive like answer it will have be think a madness among the ancient lawgiver  to have set a punishment upon the lie give which in effect be but a word of  denial a negative of another say any lawgiver if he have be ask the question  will have make solon answer that he have not ordain any punishment for it  because he never imagine the world will have be so fantastical as to take it  so high the civilian they dispute whether a action of injury lie for it and  rather resolve the contrary and Francis the first of France who first set on  stamp this disgrace so deep be tax by the judgement of all wise writer for  beginning the vanity of it for it be he that when he have himself give the lie  and defy to the emperor to make it currant in the world say in a solemn  assembly that he be no honest man that will bear the lie which be the fountain  of this new learning as for word of reproach and contumely whereof the lie be  esteem none it be not credible but that the oration themselves be extant what  extreme and exquisite reproach be toss up and down in the senate of Rome and  the place of assembly and the like in grease and yet no man take himself fowl  by they but take they but for breath and the style of a enemy and either  despise they or return they but no blood spill about they so of every touch or  light blow of the person they be not in themselves considerable save that they  have get upon they the stamp of a disgrace which make these light thing pass  for great matter the law of England and all law hold these degree of injury to  the person slander battery maim and death and if there be extraordinary  circumstance of despite and contumely as in case of libel and bastanadoes and  the like this court take they in hand and punish they exemplary but for this  apprehension of a disgrace that a fillip to the person shall be a mortal wound  to the reputation it be good that man do hearken unto the say of Consaluo the  great and famous commander that be wont to say a gentleman honour shall be de  fenugreek  solid of a good strong warp or web that every little thing shall  not catch in it when as now it seem they be but of copwebbe lawn or such light  stuff which certain be weakness and not true greatness of mind but like a sick  man body that be so tender that it feel every thing and so much in maintenance  and demonstration of the wisdom and justice of the law of the land for the  capacity of this court I take this to be a ground infallible that wheresoever  a offence be capital or matter of felony if it be act there the combination or  practice tend to that offence be punishable in this court as a high  misdemeanour so practice to impoison though it take no effect waylaying to  murder though it take no effect and the like have be adjudge heinous  misdemeanour punishable in this court nay inception and preparation in  inferior crime that be not capital as suborn and prepare of witness that be  never depose or depose nothing material have likewise be censure in this court  as appear by the decree in Garnons case why then the mayor proposition be such  the minor can be deny for every appointment of the field be but combination  and plot of murder let they guild it how they listen they shall never have  fair term of I in place of justice then the conclusion follow that it be a  case fit for the censure of this court and of this there be precedent in the  very point of challenge it be the case of wharton plaintiff against Ellekar  and Acklam defendant where Acklam be a follower of Elleckars be censure for  carry a challenge from Ellecker to wharton though the challenge be not put in  write but deliver only by word of message and there be word in the decree that  such challenge be to the subversion of government these thing be well know and  therefore I needs not so much to have insist upon they but that in this case I  will be think not to innovate any thing of I own head but to follow the former  precedent of the court though I mean to do it more through because the time  require it more therefore now to come to that which concern my part I say that  by the favour of the king and the court I will prosecute in this court in the  case follow if any man shall appoint the field though the fight be not act or  perform if any man shall send any challenge in wright or any message of  challenge if any man carry or deliver any write or message of challenge if any  man shall accept or return a challenge if any man shall accept to be a second  in a challenge of either side if any man shall depart the realm with intention  and agreement to perform the fight beyond the sea if any man shall revive a  quarrel by any scandalous bruit or wrightings contrary to a former  proclamation publish by his majesty in that behalf nay I hear there be some  counsel learned of duel that tell young man when they be before hand and when  they be otherwise and thereby incense and incite they to the duel and make a  be of it I hope I shall meet with some of they too and I be sure my lord this  course of prevent duel in nip they in the bud be full of clemency and  providence then the suffer they to go on and hang man with their wound bleed  as they do in France to conclude I have some petition to make first to your  lordship my lord chancellor that in case I be advertise of a purpose in any to  go beyond the sea to fight I may have grant his majesty writ of ne exeat  kingdom to stop he for this giant bestride the sea and I will take and snare  he by the foot on this side for the combination and plot be on this side  though it shall be act beyond sea and your lordship say notable the last time  I make a motion in this business that a man may be as well fur de see as felon  de see if he steal out of the realm for a bid purpose and for the satisfy of  the word of the write no man will doubt but he do driver contra crown as the  word of the write be that seek to murder a subject for that be ever contra  crown et rank I have also a suit to your lordship all in general that for  justice sake and for true honour sake honour of religion law and the king our  master against this find and false disguise or puppetrey of honour I may in my  a following which it be like enough may some time stir coal which I esteem not  for my particular but as it may hinder the good service I may I say be  countenance and assist from your lordship last I have a petition to the  noblesse and gentleman of England that they will learn to esteem themselves at  a just price non hos quaesitum service in use their blood be not to be spill  like water or a vile thing therefore that they will rest persuade there can be  a from of honour except it be upon a worthy matter but for this Self to see I  be resolve and thus much for the general now to the present case