writ of "Ne exeat regnum" against him; and the other to the lords in general, that he might be assisted and countenanced in this service.

After which opening and declaration of the general cause, his majesty's said attorney did proceed to set forth the proofs of this particular challenge and offence now in hand, and brought to the judgment and censure of this honourable court; whereupon it appeared to this honourable court, by the confession of the said defendant,

justices that are trusted with the preservation of the peace, are not able to master and repress those offences, which were by the court at large set forth, to be not only against the law of God, to whom, and his substitutes, all revenge belongeth, as part of his prerogative, but also against the oath and duty of every subject unto his majesty, for that the subject doth swear unto him by the ancient law allegiance of life and member; 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, did thereupon, in revenge thereof, write a letter to the said Hutchest, containing a challenge to fight with him at single rapier, which letter the said Priest did deliver to the said defendant, Wright, together with a stick containing the length of the rapier, wherewith the said Priest meant to perform the fight. Whereupon the said Wright did deliver the said letter to the said Hutchest, and did read the same unto him; and after the reading thereof, did also deliver to the said Hutchest the said stick, saying, that the same was the length of the weapon mentioned in the said letter. But the said Hutchest, dutifully respecting the preservation of his majesty's peace, did refuse the said challenge, whereby no farther mischief did ensue thereupon.

member to be spent or ventured according to his own passions and fancies, insomuch as the very practice of chivalry in justs and tournays, which are but images of martial actions, appear by ancient precedents not to be lawful without the king's license obtained. The court also noted, that these private duels or combats were of another nature from the combats which have been allowed by the law, as well of this land as of other nations, for the trial of rights or appeals. For that those combats receive direction and authority from the law; whereas these, contrariwise, spring only from the unbridled humours of private men. And as for the pretence of honour, the court much misliking the confusion of degrees which is grown of late, every man assuming unto himself the term and attribute of honour, did utterly reject and condemn the opinion that the private duel, in any person whatsoever, had any grounds of honour; as well because nothing can be honourable that is not lawful, and that it is no magnanimity or greatness of mind, but a swelling and tumour of the mind, where there faileth a right and sound judgment; as also for that it was rather justly to be esteemed a weakness, and a conscience of small value in a man's self to be dejected so with a word or trifling disgrace, as to think there is no recure of it, but by the hazard of life: whereas true honour, in persons that know their own worth, is not of any such brittle substance, but of a more strong composition. And, finally, the court, showing a firm and settled resolution to proceed with all severity against these duels, and gave warning to all young noblemen gentlemen, that they should not expect the like connivance or toleration as formerly have been, but that justice should have a full passage, without protection or interruption. Adding, that after a strait inhibition, whosoever should attempt a challenge or combat, in case where the other party was restrained to answer him, as now all good subjects are, did by their own principals receive the dishonour and disgrace upon himself.

This honourable court, and all the honourable presence this day sitting, upon grave and mature deliberation, pondering the quality of these offences, they generally approved the speech and observations of his majesty's said attorney-general, and highly commended his great care and good service in bringing a cause of this nature to public punishment and example, and in professing a constant purpose to go on in the like course with others: letting him know, that he might expect from the court all concurrence and assistance in so good a work. And thereupon the court did by their several opinions and sentences declare how much it imported the peace and prosperous estate of his majesty and his kingdom, to nip this practice and offence of duels in the head, which now did overspread and grow universal, even among mean persons, and was not only entertained in practice and custom, but was framed into a kind of art and precepts: so that, according to the saying of the Scripture, "mischief is imagined like a law." And the court with one consent did declare their opinions: that, by the ancient law of the land, all inceptions, preparations, and combinations to execute unlawful acts, though they never be performed, as they be not to be punished capitally, except it be in the case of treason, and some other particular cases of statute law; so yet they are punishable as misdemeanors and contempts: and that this court was proper for offences of such a nature; especially in this case, where the bravery and insolency of the times are such as the ordinary magistrates and And to the end, that some more public example

And for the present cause, the court hath ordered, adjudged, and decreed, that the said William Priest and Richard Wright be committed to the prison of the fleet, and the said Priest to pay five hundred pounds, and the said Wright five hundred marks, for their several fines to his majesty's use

may be made hereof amongst his majesty's people, ❘ so have ordered and decreed, that the same be not the court hath further ordered and decreed, that only read and published at the next assizes for the said Priest and Wright shall, at the next Surry, at such time as the said Priest and Wright

assizes, to be holden in the county of Surry, publicly, in face of the court, the judges sitting, acknowledge their high contempt and offence against God, his majesty, and his laws, and show themselves penitent for the same.

Moreover, the wisdom of this high and honourable court thought it meet and necessary that all sorts of his majesty's subjects should understand and take notice of that which hath been said and handled this day touching this matter, as well by his highness's attorney-general, as by the lords judges, touching the law in such cases. And, therefore, the court hath enjoined Mr. Attorney to have special care to the penning of this decree, for the setting forth in the same summarily the matters

are to acknowledge their offences as aforesaid; but that the same be likewise published and made known in all shires of this kingdom. And to that end the justices of assizes are required by this honourable court to cause this decree to be solemnly read and published in all the places and sittings of their several circuits, and in the greatest assembly; to the end, that all his majesty's subjects may take knowledge and understand the opinion of this honourable court in this case, and in what measure his majesty and this honourable court purposeth to punish such as shall fall into the like contempt and offences hereafter. Lastly, this honourable court much approving that, which the right honourable Sir Edward Coke,

and reasons which have been opened and delivered knight, Lord Chief Justice of England, did now by the court touching the same ; and, nevertheless, deliver touching the law in this case of duels, also at some time convenient to publish the par- hath enjoined his lordship to report the same ticulars of his speech and declaration, as very in print, as he hath formerly done divers other meet and worthy to be remembered and made cases, that such as understand not the law in known unto the world, as these times are. And that behalf, and all others, may better direct this decree, being in such sort carefully drawn themselves, and prevent the danger thereof hereand penned, the whole court thought it meet, and after.

THE CHARGE GIVEN

BY SIR FRANCIS BACON, KNIGHT,

HIS MAJESTY'S ATTORNEY-GENERAL,

AGAINST

MR. OLIVER SAINT JOHN,

FOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS, LETTERS SENT FROM THE LORDS OF THE COUNCIL, TOUCHING THE BENEVOLENCE.

MY LORDS,

I shall inform you "ore tenus," against this gentleman, Mr. I. S.; a gentleman, as it seems, of an ancient house and name; but, for the present, I can think of him by no other name, than the name of a great offender. The nature and quality of his offence, in sum, is this: This gentleman hath, upon advice, not suddenly by his pen, nor by the slip of his tongue; not privately, or in a corner, but publicly, as it were, to the face of the king's ministers and justices, slandered and traduced the

king our sovereign, the law of the land, the parliament, and infinite particulars of his majesty's worthy and loving subjects. Nay, the slander is of that nature, that it may seem to interest the people in grief and discontent against the state; whence might have ensued matter of murmur and sedition. So that it is not a simple slander, but a seditious slander, like to that the poet speaketh of "Calamosque armare veneno." A venomous dart, that hath both iron and poison.

To open to your lordships the true state of this offence, I will set before you, first, the occasion five points: I will number them, because other

whereupon Mr. I. S. wrought: then the offence itself, in his own words: and, lastly, the points of his charge.

My lords, you may remember that there was the last parliament an expectation to have had the king supplied with treasure, although the event failed. Herein it is not fit for me to give opinion of a House of Parliament, but I will give testimony of truth in all places. I served in the Lower House, and I observed somewhat. This I do affirm, that I never could perceive but that there was in that House a general disposition to give, and to give largely. The clocks in the House perchance might differ; some went too fast, some went too slow; but the disposition to give was general: so I think I may truly say, "solo tempore lapsus amor."

men may note them; and I will but touch them, because they shall not be drowned or lost in discourse, which I hold worthy the observation, for the honour of the state and confusion of slanderers; whereby it will appear most evidently what care was taken, that that which was then done might not have the effect, no, nor the show, no, nor so much as the shadow of a tax; and that it was so far from breeding or bringing in any ill precedent or example, as, contrariwise, it is a corrective that doth correct and allay the harshness and danger of former examples.

The first is, that what was done was done immediately after such a parliament, as made general profession to give, and was interrupted by accident: so as you may truly and justly esteem it, "tanquam posthuma proles parliamenti," as an

This accident happening thus beside expecta-after-child of the parliament, and in pursuit, in

tion, it stirred up and awaked in divers of his majesty's worthy servants and subjects of the clergy, the nobility, the court, and others here near at hand, an affection loving and cheerful, to present the king, some with plate, some with money, as free-will offerings, a thing that God Almighty loves, a cheerful giver: what an evil eye doth I know not. And, my lords, let me speak it plainly unto you: God forbid anybody should be so wretched as to think that the obligation of love and duty, from the subject to the king, should be joint and not several. No, my lords, it is both. The subject petitioneth to the king in parliament. He petitioneth likewise out of parliament. The king on the other side gives graces to the subject in parliament: he gives them likewise, and poureth them upon his people out of parliament; and so, no doubt, the subject may give to the king in parliament, and out of parliament. It is true the parliament is "intercursus magnus," the great intercourse and main current of graces and donatives from the king to the people, from the people to the king: but parliaments are held but at certain times; whereas the passages are always open for particulars; even as you see great rivers have their tides, but particular springs and fountains run continually. To proceed, therefore: As the occasion, which was the failing of supply by parliament, did awake the love and benevolence of those that were at hand to give; so it was apprehended and thought fit by my lords of the council to make a proof, whether the occasion and example both would not awake those in the country of the better sort to follow. Whereupon, their lordships devised and directed letters unto the sheriffs and justices, which declared what was done here above, and wished that the country might be moved, especially men of value.

Now, my lords, I beseech you give me favour and attention to set forth and observe unto you

some small measure, of the firm intent of a parliament past. You may take it also, if you will, as an advance or provisional help until a future parliament; or as a gratification simply, without any relation to a parliament; you can no ways take it amiss.

The second is, that it wrought upon example, as a thing not devised or projected, or required; no, nor so much as recommended, until many that were never moved nor dealt with, "ex mero motu," had freely and frankly sent in their presents. So that the letters were rather like letters of news, what was done at London, than otherwise: and we know "exempla ducunt, non trahunt:" examples they do but lead, they do not draw nor drive.

The third is, that it was not done by commission under the great seal; a thing warranted by a multitude of precedents, both ancient, and of late time, as you shall hear anon, and no doubt warranted by law: so that the commissions be of that style and tenor, as that they be to move and not to levy: but this was done by letters of the council, and no higher hand or form.

The fourth is, that these letters had no manner of show of any binding act of state: for they contain not any special frame or direction how the business should be managed; but were written as upon trust, leaving the matter wholly to the industry and confidence of those in the country; so that it was an "absque computo;" such a form of letters as no man could fitly be called to account upon.

The fifth and last point is, that the whole carriage of the business had no circumstance compulsory. There was no proportion or rate set down, not so much as by way of a wish; tnere was no menace of any that should deny; no reproof of any that did deny; no certifying of the names of any that had denied. Indeed, if men could not content themselves to deny, but that