T ILLINOIS Production Note Women Printers Digital Collection Rare Book & Manuscript Library University of lllinois Library at Urbana-Champaign ZOZ3 W. Ys & _ 7 '* PREPARATORY: ORY Natural & Experimental, - 1 | WRITTEN | | Originally in Latine, by the Right Honourable | Francis Lord Verulam, Lord High Chancel- lour of England, and now faith- fully rendred into Englith. By a Well-wiſher to his Lordſhips Writings, CN O-N Printed by Sarah Griffing and Bes. Griffiug, for Willigm Lee at the Turks-head in Fleet-fireet, over againſt Fetrer-Lane, 1670, C em emn ZHQ ©00377 H EH PR BS P Es RA NAg AT oOR - T-O1HEE; | | | ME-E ADER - 'MMMSMSWW taken notice of the ſcandal and reproach, We - Ie& which my Author, The Great Maſter of Nature, | 9 E_Z ;Z: hi moſt excellent and iſſ;cofſſzzp.ſizrablſi-ſiſi þicce, ſſctctl,[ctgf S&» The Sylva Sylvarums &r Natural Riſtory, being R H egep ctſi'ctſſ (as bitherto it hath been ) Printed without this Pre- PPPPPP paratory, lies daily iable unto, by reaſon of the Tgnorance of the Vulgar, who, not underſtanding the moſ} rare in- tention of its Noble author, are apt 10 eſtcemit as a'Light.and Trivial Work 3 * becauſe therein there are contained ſeveral experiments of '* See aptor, no extraordinary uſe in themſelves: 1 knew not how better to rvin- TOOTS | dicate bis Noble Lordſbips Honour and Credit inthis point, than to Prefix before it, bis Loraſhips own Preparatory thereunto, which of # ſelf will ſufficz'emly maintain its Authors Credit, and will demoy- ftrate bi true Intention in the Compiling thereof, and ſo vindicate it [elf from that Tgnominy, to waich it before ſtood obnoxious, 11 is irue, that worthy Doftor Rawley, (to whom the world is in no:ſmall degree 4 debior, as well for the bringing t0 light and publifhing of this rare Hiſtory, and many other of hi Lordſhips excellent works, as for explaining and expounding ſeveral of them ) has in ba Preface there- unto, made known much-of his learned Lordſhips intentions touching | cthe ſame (Wwhich this Preparatory will in no wiſe prejudice. But yet / MAAR 1 think it cannot be denied but that bis Lordſhiþ bath expreſſed his own 5 \mind more fully, and poſitively in this bis Preparatory , and befides, - lthat mcn will be apt curſorily to run over a Preface 10 the Reader,| ctſimind:ſiſſ' » more the Work it ſelf; Whereas they will be. invited moreto| : {Pafidſi;r and confid ſſ —_ { Hn m 1tnral h 54 TTCH oy 5 2 Yer, without ſuch 2 Natural zmd Experimental Hij ſtorys ſiſſw we ſhall-now preſeribe, we deny that there could be, orcan| be'any progreſs in/Philoſophy, and other Sciences, worthy of! j [Man-kind; Bae, on the contrary, ſuch an Hlſtory asthis, 'be- ing gain'd and Wffll compild, )OYPKFU expertments of zſi*fc ſſznaſſ experiments'of Light togeſhcr which will be met with, or Bct*i ſearched'out 1n the'courſe oſſhc Interpretationir ſelf, the | nquefi of —h ure} and all Sciences, would be che buhneſc of bucaſſ very fewo/years.”- Eitherthis therefore muſt be purin ation, or| thewwor Lſſ mef be deſerted; for by this one way alone the fOuns dations' of 2 true-aud ative Ph]loſophy can be eſ{ſſbllſhed;! dthen men ſhall ſee clearly, being, as it were, rouſed our of| ep fleep, whar is'the difference between ti.ſic opinionsand| fichons of VVlt andthetrucand aftive Philoſophy ; and whar| itis atlaſtto conſult with Nature her felf. concerning Natare, h r{t, then we ſhall' give ſome general precepts concerning| he compiling of ſuch an Hiſtory : Andnext we will ſet before Mens' eyes a particular frame thereof , ſometimes inſerting no/ lefs to, whart the Inqueſt ſhoald be adaptcd and referred, than- 1 | Z\ ;har ought to beenquired after. - To wit, that the ſcope of the buhncſs bemg well underſtood and ſoreſeen, it may_ bring | other things into 'the minds of men, which happily ſhall be | paſſed by of us.' /Now this kind of Hzſtory we are wont to| mic The Firſt, or Mother r]zſlory i C eBn emn emn nnnnmmomn mn nntnrntnntnntn emn _—LEREnReEEC, hg: # o% S. P EE LTE, PTW l\ſſ - , \ : ” \ J : , E=: % emn eerermrnnnrrnnnnnrnnn mm _—_ 5 66 42 46 4#v#4 5 244.4 44 3'\ APHORISMS | Concerning the Compoſure of this firſt 1 HISTORY. C eeerererrererrnreer eerSene emn otee B ee——nnea=— 1 APHORISM. | | fh L | $6$$$:$$0:$$4tare is ſituate in 2 rhreefold ſtate, and doth, as it wcſſreſi!ſi » % undergo a triple Government :: For cither (he is at liber-| E $ ty, and carries herſelf according to ber ordinary covtſe 3j Fiſtery j S © or ſheis diſturb'd and thruſt from her ſtate by the virt-| l & - oulſneſs and inſolency of the Matter, and by the vialence! | }?%*VWV-ÞWWZ' of Impediments : Or ſhe is conſtrained and framed by! E 1i Art and Humane Operation. Now the firſt of thcſeſ Conditions relates to the Speczes of things 3 the ſecond to 4onſters z" the| third to Artificials : For in things effedted by Art , Nature receives the| [-; yoke from Humane Dowmirtor z for thoſe things would never have been'\ 4 made without Man : but -rhrough the labour and - operation of Man, Y there ſeems to be quite a !new trame of Bodies, and, as it were, another ,ct Univerſality-of things, or another Theatre. Threefold therefore- is the g Natural Hiftory, for it tteates of cither the Ziberty, or the Errors, or the Bazds of Nature: So that we may not unfitly divide it intoa Hiſtory of E Generations, Preter-generations, and Arts, the lalt whereof we uſe to nomi- : % | 1 } 5 nate alfo Mechanical and Experimental. Nor do we give in precept; that theſe three be treated of ſeverally 3 for why may nor Relations of Mon- ſters, in rheir ſeveral kinds, be joyned to the Hiftory of Wh& Spectes them- ſelves 2 And Arrificials are ſometimes rightly joyned with the Sperzes, | but ſometimes rhey do better apart : Wherefore it is beſt ro deal wich theſe things according asthe watter will bear it 3 for Method doth equally cauſe repetitions and prolixiry,as well where there is roo much, as where there is none of it arall, | | ſſ EH - | This Natural Hiftory, asit is threefold in its ſubjet (as before we have| yy, rwyta % told you) ſo.it is twotold in its uſe > for it is uſed- cither/ for the bare| e of che” knowledge of 'thoſe chings which are therein contained 4 or as the Prin. | NewratHi- ! E 2 5 - 8 ftor cipal and firſt marter of Philoſophy,/ and the ſubftance or ſtuff (if Imay | ſo ſay) of the true 1zdabitz, And'this laft ufe of it is now intended ;); Rn now, Three things 10 be avoided inthe Natural Hiftory Philoſophy m-ſt be avoided. Deſeriptions, ; and Piftures; Superſtitions Relations, \ C emn emn rnrennnn—_ B mm mn mn R D A Preparatory to the Natural [ now, I ſay, and never before by any wan ; for ncither did Arrfotle. no ] | 7 heophra(is, nor Dioſcortdes, nor Cajuys Phmw', muck lels the Modern VWri-! | ters,evcr propcundunto rhemſclves this end of a Narural Hillory, whercof) | we now {peak » And it is of much concernmenr, that whorcver hereafter| 'thall undercake the Penning! of a Watural Hitry, thould continvally think) | upon, and confider rhbis with rhemſclyes. That they oughr nor to ferverhe | 'delight of their Reader, no, nor the very profir which he may oain ar pre- | {{cpt by the,Relarions 3 bur to feck and find eur plenty, and* variery of rins which may ſuffice for the 'compolure of crvie actions :. For if rhey | 4 z i vill think.on th's, they will-prefcribe ro themſelves the manner of ſich an y'. litory ; for the end governs the mcans. 1 ctl'\ y [t 1 EEE Now, by how much thisrhing is a buſineſs of greater pains and indu- [itry, by ſo much it is the more probable, thar it w1 [be le(s burdened with [ſuperfluous matters. There are three tnings therefore, of which men'are |co be plainly warned, thar thcy very {eldome ſpend pains about them, be. ing ſuch things, which 'may increale the bulk of the work prodigioully, bur can little or nothing promote jrs vireue. : - | Firft then , Lie Anuquirtics, Quotations , and Suffrages of Authors jceaſe z Jet Frrifes\, Controverſies, and Difſenting Opinions, and all things Philalogical be avotied:Let nor anfAurhor be cited, unlefs ina dubions mat= ter;; nor let a Controverſicbe interpoſed, except in a marter of orear mo- {ment. - Bur ler thoſe things, which rend ro the ornamenr of Spſi@e:h, and to {imilirudes, and the rreafure of Eloquence, and all ſuch roys as theſe, be totally rejeed ; and !cr all thofe rhings which are received, be rhem- ſelves- propounded bricfly, and in ſhort, thar they be nothing leſs rhan words z for no man thar colle&s, and lays up Matcrials fot 'Edifices, ei- ther tor Ships, or any the like Structures, dotty (as is donein Shops) rake care ro-piie them- in order for a fight to pleafe, bur he looks on!y thar they be- found and-good, and' that they rake- up bur lictle room in the place where they are latd,* And juſt ſomult tt be done with this. Seconaly,, That Luxury of Natural Hiltorjes' makes not mnch ro the matter, which confiſts in the numerous Deſcriptions and Pittures'of rhe | Specres.” and in_the curious variety of rhem 3 for /theſe iminuce varietics ot themarc nbhing but a certain ſport, or paſtime, and wanronneſs of Na- | rure,” and they happen 2lmoſt ro.che Nature of Individuais : And cſi'ney have a cerrain.pleaſanr and delighrful expariation in the things themſelves, bura vety {mall and almolt fuperfluous Informarion towards the Setences, Thirdly,, A1 Superttitions Relations(we ſay nor Prodigious ones, when the memory of them may be found credible and maintainable,bur Superſti- tious ones) and the experiments of Ceremonial Magick are wholly to be omitred, For we would nor, that the Infancy of Philotophy, whereunto a Natural Hiftory gives the firſt Suck, ſhould be accuſtomed to old Wo- mens Fables. There may happily be atime :(after- there is made ſome- what a deeper cntrance -into the inquiry of. Nature) to run lightly over | {uch rhings astheſe, if there remain any whit of Natural Vircue in thoſe dregs, it may be extracted and laid up for uſe z mean time let them be laid afide. Even the cxperiments of Natural Magick muſt be diligently and ſevere. 2 | 5 | | r'ct l ra =S n eD D : ; = { ſeverely vanned before they be received, efpecially thoſe which are wontt | a grear dea] of be.derived-fron» the vulgar ſympathy and antipathy, with Qothfulneſs and facilicy;both-in believing and teigntng them, Neither-is ita ſmal] buſincſs thar is done, Inthe imburdening of 'a Natu-|T6 Natural ral Hiſtory, of thele three ſuperfluitics, which we have mentioned, which|Hiftory muft would otherwiſe ſtuffe up whole Volumes. - Nor is here an end yer;; for, ';ſſ%'ctljjy"_"ed Jucs ina great work; it. is as requifite, thar the things' received be Penned ſyc. cin&ly, as, that ſuperfluoys marters/be lopr of : Althonch there is no doubr, bur chat rhis kind of curtneſs and brevity, 'will- afford far leſs de-! light both ro the Reader and:VVrirer. - Bur it muſt always be remembred, } thar this thing, that is-inhand, is nothing'elſe, but the Garher and{Sto houſe of things, wherein menmult not tarry- or dwell with pleaſure ;, bur| mult deſcend rhercto as need requires;: when' any thing isro be made vie of, abour the work of the /nterpreter which follows it, | re LOey I'V; | above- all ſſ The extent of arit be made| the Natural iſtory. In the Hiſtory whichwe require, and purpoſe in'our mind, things'it muſt be looked afrer, that its:extent'be large, and l after the meaſure of the Univerſe, for the World ouglit not 'to be tyed| \Yinro the ſtraighrneſs of rhe 'underſtanding! (which hitherroharh been done)| \ * {bur onr Intellec&t ſhould-be- ftrerched 'and widened, ſo as tobe capabie of| the Image of the World, ſuch as we' find it ; for thatcuſtome 6f RiſpeR- ing but a few things , and paſſng ſentence according to' that paucity and ſcantneſs hath ſpoiled' all, Therefore/ we re-afluming that diviſion of our | Natural Hiſtory, which we made of it a little before (thar it be either of Generations, Pretergenerations, or 4rts.) " Wehave tonſtitured five Parts! of the Hiſtory of Generations, - Let the firſt ibe concerning the Firinament | riveparts of and Celeſial chipgs, the fecond.of Aeteors, and Regions (as they:call them 3 of the Hiftoryof the4ir, to wit of the Tracts. from the: Moon' to-the Superficies. of the | 19m iE_arch: Towhich part alſo we affign for orders'{ſake Thoweverthe truth| of rhething be) all kind of Comers, both-ſublimer as lower. ' The third, of the Lard and Sea.; Thefourth, of 'the Elewznts (as they call them) of! Flame, or Fire, Aire, Water, and'Earth,/ *But we weuld have the | Elements| underſtoods notfor the Fi7# Principles of things; bur for the greater Mailes ' P | | i of, Nazural:Bodies : for-the Nature of things is fo diftribured, thar the | ; Quantity, or Maſs of certain Bodies in the Univerie is very greaty becaule | ! thar. chere is required an' eaſie and obvious Texture of the Marterto the| | framing of rhem, ſuch.as are thoſe four bodies which we ſpeak of, Bur i | for, certain other bodics cheir Quantity-is in the Univerſe ſmall and £, paring= j ; ; Z | ly afforded, by, reafon of| the:Texrare'of the Mattet very' unlike. and. ſub- | till,, and in moſt of cthem»Determinate and Orgazrcal * Such as are the| | i; Species of Natural things,, Metals, Plaits, 'Animals; "'Wherefore we arc Z | wont to {tiſerhe-former ſort;of bodics: Greater ColleRiojs; the latter Spratter ' | ColleFzons; : Burof thoſe-Greater Colle8ings thetoiirth patr of this Hiſtory ) | treaterh.under thename of Elements,as we taid before;” Noristhe fourth|., { | part.confounded withrhefecondand third-in this, "thatin all-of them we | | makemention of 4ir, Mater, and Earch ; forin the ſeeond andthird part| { is contained the Hiſtory-of ithem, as the Entite” pires' of the World 2 and \ as they relped the fabrickand framing'of theUniverſe 3 bur in.che fourth ! j j , part " j ſſMM_w_ſiſſ-m———w—___ / | Superſtition to be a*uaia'efi. The Hiſtory of C — \ \ Arts threefol'. The uſe of the Hiſtory of Arts. VYhat Art are {preferred. | ? | ſ ! k < Admonition of ! what Experi- ments are ta be received, C m m me m mrnns: "|part_there is contained the Hittory of their Subſtance and Nature, whiclh 0 A Preparatory to the Natural bears {way in the ſeveral ſimilar-parts of them, and is not relared to the \whole. 'In fine, the fifth part of the Hiſtory treats of the ZLeſſer ColleF+- | ons or Species, about which Natural Hiſtories have hirherto been chicfly | cotiverſant. ; - But as to the Hiſtory'of Pretergererations, we have already ſaid, that it may very commodionily be joyned with the Hiſtory of Geprrations, but that part only which is Prodigious and Natural ; for we. ſet aſide the Su- {perſtitious Hiſtory of Miracles (of what ſort ſoever) for a Treatife by it {elf, Nor is it to be at all reccived at the beginning, but a little after, when there is a little deeperentrance made into the enquiry of Nature. Eut the Hiſtory of Arts, andiof Narture, altered and changed by Man, | or the Experimental Hiſtory, we make rhreefold : For it is etther drawn fofth from 3Zechanick Arts, or from the Operative Part of Liberal Sciences 5 | or from many PraRices and Experiments, which have not growninto a proper Art, yea, which ſomertimes we meet in molt vulgar experience, | which do nor ar all require any Art. Wherefore if a Hiſtory thould be | made our of -all theſe which we have ſpoken of, out of Geperations, Preter- | generations,, Arts, and Experiments, nothing ſeems-to be paſſed by, where- |by the ſenſe might be inſtruted to inform the llnd,erſtandmg, and then we {hould not any Jonger dance round-within ſmall Circles (as if we were en- {chanted by a Spell) bur ſhould equalize the Circumference of the World {in our Circuits. ; . ; V. Amongt thoſe parts of Hiſtory which we have ſpoken of, the Hiſtory of Artsis of moſt uſe z -becauſe ir demonſtrates things in Motion, and leads more direQly to Practice, Beſides, it takes away the Vizard and_ Vail from Natural things, which for the moſt part are hidden and obſcuredun- der variety of figures:and outward appearances. In fine, the vexations. of Art are indeed like the Bands and Fetters of Protezs, which manifeſt the utmoſt endeayours and abilities.of the Matter z for Bodies will not be deſtroyed or annihillated, but they will rather alter themſelves into various forms, Therefore the greateſt diligence mult be.uſed about this Hiſtory, [although Mechanick (as it may ſeem) and lefs Liberal (withour any arro- gancy and pride. ) : - Again, of Arts, thoſe are preferred, which exhibite, alcer, and prepare Natural Bodics, and the Materials of things; as Husbandry, Cookerys Chymiſtry, Deying, the Workings of Glals, Eſmaltaz Sugar, Gunpow* der, Artificial Fires, Paper, and thelike. - But thoſe are of fmaller uſe, { which chicfly confiſt in a. ſubtle motion of the Hands and Inftruments : {uch as are Weaving, Forgery, ArchiteQure, the Operations of Mills, Glocks, and thelike z alchough theſe alſo are by no means tobe negleed ; as well, becauſe we may meet with many things in them, which have re- ſpe@to the alterations of Natural.Bodies ; as becauſe they do accirately inform_ us concerning the motion of | Latton, which is a buſineſs of very great moment for many things. But through the whole compiling of this Hiſtory of Arts, this is always to be admoniſhed, and to be t roughly committed to Memory ;-that 1n experiments of 'Arts, not only thoſe are : D : ——_— g x H and Experimental Hiffory. | 5 %to >e receiicd which leai to the end of the Arr., but thoſe allo| jwhich inrerycne by any means. As for example, that Locuſts and| | Craþs boiled, rhongh before they were of the colour of the durt, warx| |:ed,, belongs not to the Table, yer this very inſtance is not amils ro in- quire ovt the narure_of Redneſs, ſeeing the ſame rhing happens alſo to burned Bricks. Likewiſe that Fleſh, is' ſooner ſalred in Winter thin in Suamer, not only rends thither, that the Cook ſeaſon his Mears well, and as much asgs ſufficient, bur alfo it is a good tnſtance todifcover the Nature and Impreſſion of Cold. ' Wheretore he is quite out of the way, thar thinks co ſarisfie our Intention by Collefing Experiments of Arts; to this end oly, thar the ſeveral Arts may be berter perfected, (although we do not altogerher deſpile thisaiſo in many things.) Bur thisis plainly our mind, ſſ, part intorhe Sea of Philofophy. Bur. the choiſe of Inſtances moſt emi- | fxperimens, nent in every kind (which mult be chicfly and diligently foughr for, and, as it wetc, hunted after) 15 to be looked for in the Pterogatives of In- ſtances, 4 VII We ſhould reſume in this -place alfo thar which we have elſewhere |' more largely handled ; but here, by way of precept it will ſuffice briefly | Seerh? rord to command, that there be received into this Hiſtory, firſt moſt Vulgar f:corg No- chinzs,fuch as any.one would think not worthy to commit to Writing, be- liſſbſiſiz ;fi?ſſi*;*m cauſc theybe ſo familiarly known : Next, things of no value; illiberal and |4Phor. 99.ug. ſordid, i for all thinzs are clean unto the.clean, and if Lucre ſmell well | '2* though our of Stale, much-more doth Light and Informarion out of any |#1= :%ings. : - $5:75 p : 3" | may be r-cetv- thing : ) Alſo trivial and childiſh things (no wonder, for we muſt plainly | e43 t this row children again :) Lalt of all, things thar ſeem to be of too nicea | Fat- Hiſtory. ubriley, and in themſclves are of no ule.-+ For (as is already faid) rhoſe chings thatare proponnded in this Hiſtory are nor gathered together for their own ſake 3 wherefore it is not fit to meaſure the Dignity of them by themſelves, but ſo far forth as they may be transferredro other things, and - N have an influence upon Phyloſophy. x digfiry of Ex- : 7 \ periments. VIE:z* : This alſo we gtve in precept, thar all things as well in Natural Bodics, |,, 1m F as Virtues, may (as much as is poſſible) be propounded according to num- Propoxnding ber, weight, and meaſure, and dererminate : for we 'meditate of Works 8 ;ſi:.ct'ſi';gct ſiz.ſſct'hct not Specularions. Now Phyſicks and Mathemaricks well intermingled be- | 999 [get PraQtice. Wheretore the exa& reſtitutions and diſtances of the Pla- ners muſt be inquired after, and fer down.in the'H ijtory of Celeftials : The þ Circle of the Earth, andhow much, place ir occupierh, in reſpeR of rhe Waters, in the Superfictes, in the Hiſtory of the Lazd and Sea : How greata compreſlure the Airwill ſuffer without any notable change , in the Hifory of the 4i7 : How much in Merals one is heavier than the other, in the Hiſtory of AMalsz and innumerous ſuch others, mult be enquired and writ down. But when exaR proportions cannot be had, then indeed we : : B 2 muſt thir all che Rivulers of Mechanical Experiments, may flow from every |2b- 5 end'f C NSIIED M CL - n RCINGINS em j Dn l emn R d eD 4 6 - A Preparatorytothe Natural - B eere ewes a % | muſt lyero thofe thar are according to citimation, or compararive indefi- t J PN J - I HS 1 j | nite ones. As (it -we happily diitruſt to the Calcu'ations of Aftrono-! |-mers concerning diſtances ) thar the V'oon is within the fhade of theEarth,}| thac Mercury 1s above the Moon, and rhelike. - Alfowhen middle proper-| lrions cannot be ha4, Jer the exrreams be propoiinded 3 As that a weaker | { | Loddſtone can Elevare a peiceof Iron of {uch a weight, in rc{pect of the} ctfwcx'ght of the Stone it feif, and thar one wolt ju'Þ of vircue, to a {ixtyfold | ; | proportion z which we have ſecn done our ſelves with a veryeſmall armed'j | | Loxdſtone. And we very well know, that thoſe dererminate Inflances ſ { are nor eafily or often mer withal, bur they ſ-onld be foughr onras auxilia- | | |ry inche very Courle of the Interpretarion it ſelf /when the matter mott |. | of all requircs ir} notwithſtanding if one do chance to meer with them, ! ; , - '{they maybe inferted into the Watural Hiſtiry,fo they do not roomnch re- 1 - » irard che progreſs of its compolure. / W. ! VIIL. | How things Bur as tothe Fgth and Cred/t of thoſg things which are to be received in | 7 ;;{,ſſdf,fifzct this Hiſtory, they muſt needs cither be of a certain Belcif, of a doubfy] F b cording to heir| Credit, or of a condemned Faith, Now the former ſort of theſe muſt be ! ll | : Credir. propounded ſimply, the ſecond with ſome Nere, as, (7t reported) or l - : : (they ſay) or (I heard it froma perſon of Credit) of the like ; farit wonld' W. ; be too burdenſome a buſinels to ſer down the Arguments of Belcif onboth [ : fides, and doubtleſs would be 'too great a Remora in the VWriters way ; | | SzeNov, Org; | aor makes it much marter to the buſineſs-in hand, for the true Axioms will 1 3 ro primo | a little afrer convince the falſeneſs of the Experiments, (if ir benor too' fflſſctſiſir' 18" |breif) as elfewhere we have declared. Bur if the Inſtance be any thing Noble, either for its own uſe, or becauſe many others may depend upon it, then-indeed the Author muſt be named, and thar not only barely, but | with ſome mention, whether he affirmed thoſe things cirher upon creſiiit, 4s - che relarions or writings of other Men (ſuch as are very frequene in C: : Plinte) or elfe upon his own knowledge 5 and allo whether the thins was done in his rime, or beforc him.; further, whether it be ſuch a thins as : needs mult have had many witncſles, if it were true ;/ in fine, whether | thar very Author himſelf were fabulons and not credible, orxfober and ſe- - vere, and the like, which make mnch ro the wetshr of its credit. Laſtly, R" | Falſh received |things of a condemned faith, and' yer uſed and celebrateds which partly by {LZZ'Þ[WZZM negle&, and partly for rhe uſe of Similirudes, have for many Ages toge- 'wctſſ,ſſctzfictga;ſiſt ther prevalied. (as', that the Adamanr binds the Loadſtone, and Garlike ; cnervares it; that Amber draws allthings burthe Herb Bafil) nwſt not be f | { 8 paſled over in filence,bur be warned againft in expreſs words, that they be' i ; no moretroubleſome to the Sciences, }Zjfoctſi'g; '9f | -Moreover it will not be amiſs, if happilyone meet with the Origigal A j : [fomerimegro | Cauſe of any Vanity or Creduliry, to norc it : As thar the Herb Satyrun © ,. P*iirdere, \(or Raguort) is faidro havea force and efficacy ro excire Luſt ; becauſe, | E. torlooth, its Root isſhaped after the figure of the Tefiicles, when the trurh bo . _ |'s, that happens, becaule every year theregrowsanew khotty Root, which | jx adheres to thar part of the Root which was of the laft year, whence'come thoſe Teſticles ; forit is manifcit, thar the new Roor is a bays found folid| and juicy, the old one is always withered and ſpungy. *Wherefore, 6 j CL E S. ſſ wonder,Z ; } if the Writers rhereof hadraken an Orth for the rruty "of Every rhing A J 1 1 { \ 'f | j \j | s " H ee E : m——yy———ep—c—onneemage d - _ \l | | | C r oonr tne em em mn emn namnneSg, . ſſ__ſi_____________________ſſ_ 5 _ and Experimental Hiſtory. y- - 4 one” \ Ier Swims, which : norwithftanding is counted a wonderful thing» and-adds authorlty to the | other verrnes of that Herb, , \ e eeneeeeneenn dee 7_4_* 4. . - wonder,thar one'of theit) Sinks in the water, and the otl [ IX, : Tnere remain certain profitable additions to the Natur,! Hiſtory, and |Five dditions which may more commodiouſly incline, and fir it for the Worb of the Tater- MctfſſNct"ſſſiſictſi preter which follows it. Andtheſe are five, : l £5 Firſji Queſtions ( Tay, nor of Cauſes; bur of FaQ) are tobe ad- | x. ded ; to provoke and folicite a further Enquiry. As in the Hzſta'r} of |eftions, the Lazd and Sea, Whether the Caſptan-ſes doth Ebbe and Flow, and |* - £ in wharſpace of hours:- Whether there be any Southern Continent, or rarher Tſlands, and the like. ; . Secandhs In every new and more ſabrle Exge iment, the manner it (elf »- jof the Experiment propounded (hould Be added : Thar the Judgment of| »1 »1 l when 19.be ex. Men- may be free, wherher the Informarion by that Exper:ment be to be|!eſed. eruſted to, or be deceitful , and thar the Induſtry of Men may beſtirred up toſeck our ways (if it may be) more accurate. F; { * Thirdly, If there be aby doubt or ſcruple larking under any relation, 3 ,that we would norhave ſuppreſſed- or kepe Hlent arall, bur be plainly and |Potter, perſpicuouſly fer down, by way of Note or Advertiſetment ; for we deſire that the F:rit Hiffory ſhould be writ fo circumſpealy ang {erypulouſly, as therein contained z ſeeing it' is the Volume'6f the Wirbe of G34, and (as anch as is lawſulrocompare the Mijeſty 6f- Divine things with the hy- milityof rhings rerrene) as it were Apether Scripture 2 ] Fourthly, 1t will not be amiſs ſomctimes to interweave obſervations (rhar which C. Plizzedid) as in the Hiſtory of the Land and'Sea. That the figure of the Lazds (which are yet known) in teſpeR of the Seas, Is South- ward narrow, and in 2 manner picker ; towards the North broad and large z of the Seas quire contrary, And thar great Oceans cut between | the Lands with Chanhels ſtretched forth berween the Sourh and the North, | not between the Eaft and Weſt 3 unleſs, happtly in the fartheſt Polar Re- | gions. Alſo Canoys (which are nothing elfe bur General and Univerſal |canms. Obſervations) may very well be joyned, asin the iftory of Celef;als. That Yenu never is farther diltant from S9! than 26. degrees, Atercury than 23 and thac the Plancts, which are placed above the Sun, move very flowly, being arthe fartheſt diſtance from the Zarth 5 but the Pl4yers below the 823 move moſt ſwiſtly. Moreover there. is another fort of Ofſerwations lſi new fort of ro be uſed, which hitherto hath nor been in uſe, thovgh it beof no ſmal]| 22erv=tione, moment, and rhat is this> thar to thoſe things that ave, thoſe things that, are pot, be annexed, as in the Hiſtory'of Celeftals; rhar there is nor found, any Star of a long Figure or Triangular 5 bur thar evcry Star is Globous {and that.cither Globous ſimply-as the Moon,-or-Angulate to the Gebe, bur |/ [rond inthe middhe, as theother Stars, or radious to the fighrand circular ; in the middle, as the Sun, or that the Stars are ſeatrered withour any order\ jarall; fo thar amongft them there cannot be found cither a five ſer figure, {| 4. Obſervations, | or quadrangle, or any other perfed figure (however there be impoſed upon them the Names of Delta, of 2 Crows, a Croſs, a Chariot and four horſes, if C ——— — — — — —— — emn { 1 A Preparatory to the ]ct\ſſſ;zt;;zſizl;_g(ſſcm |and rhe like ) "{carce even a fRtraighrline , unleſs, happily, in, the Zoxe and Dagger of. Oror. : Fifthiy, Thar may perhaps ſomewhat help an Inquirer which alrogerher | perverts and deſtroys a credulous'perſon. - And thar is, Thar rhe Opinions | now received with their Variery and Sedts, be rccthearſcd_ in a brief compre-= henſion of words, thar rhey may excite the underſtanding and no more. X, And let theſe ſuſfice asfor general Precepts ; which if they be heedfully obſerved, This Work of Hiſtory will rend ftraight to its.end, and will not grow above meaſure : Bur if alſo, as ir is circumſcribed -and. limited, j {cema valt work toany mean ſpirir |to have ſhewed the refolution my felf hath roprocced withour reſpe& of perfons inrhis bufineſs: But finding this cauſe on footin my predeceffors time, and publiſhed and ready for hearing, I rhoughr to loofe no time, in a miſcheif that growerh every day ; and beſides,ir palſeth not amiſs ſome- ſſ { times in government. that the- Greater ſort be- admoniſhed by an example | made in the Meaner, and the Dog to be beaten before the Lyon. Nay, 1 ſhould rhink (my Lords) thar men of birth and quality will ſeave the pra- Qiſe,when ir begins to be vilified, and come ſo low as to Barber-ſurgeons and Butchers, and ſnch baſe mechanical perſons. And for the greatnefs of this preſence, in which I take much comfort, | - |borh as Tconfider it in ic {elf and muchmorein reſpeR itis by his Viaje- z fties direQion 3 I will ſupply the meanneſs of the particular cauſe, by | handling of the gencral point z to the end that by occafion of this preſent | cauſe, both my purpoſe of proſecution againſt Daelk, and the opinion of l the Court (without which Lam nothing ) for the -cenſure of them may | appear, and thereby'offendors in- that kind may read th(ſiil: own'caſe, and | jknow whar they are to cxpeRt, which may ſerve for a warning, until exam- | | ple may be made in ſome greater perſon, wh!(c:hſſl doubr the times wi but | | 'too ſoon afford, There- | ct e® : ; D IN Vzr Francis BACON ere Bxcon br=7 " Therefore before 1 cometo the particular, whereof your Lordſhips are \ now to judge, I hink ir rimebeſt ſpent to ſpeak ſomewhar, " "FING; Of the Nature and Greatneſs of this mzſchmf | Secondly, Of the Cauſes and Remedies. Thirdly, Of the Juſtice of rhe Law of England, which ſome Rtick not co think defeRive in this matter. Fourthly, Of the Capaciry of this Courr, where certainly the remedy of this milchcif isbelt ro be found. And Fifthly, Touching mine own purpoſe and refolution, whcrcml ſhall humbly crave your Lordſhxps aidand afliſtance. For the miſcheif it ſelf, ir may pleaſe your Lord(hips to take into your confideration that when revenge is once extorted our of the Magiltrates hand, contrary ro Gods ordinance, 44£h; windi8a, ego r:trzbmmz, and every man (hall bear the ſword nor to aefend bur to affail ; and private men begin once to preſume togive Law to themſelves, and to righe their H own wrongs, homan can foreſee the dangers and inconveniences that may D eeeni—n ariſeand mulup]y thereupon. It may canſe ſuddain ſftormes in Court, to the dilturbance of: his Majeſty, and unſafery of his pcrſon It may grow fromquartels to banding, and from banding to trooping, and fo to cuinule and commotion ; from pqrucular perſons, todiflention of families and alli- ances yea, to naaona] quarrels: according to the infinite varicty of acct- dents, which fall not under forcfight ; ſo thatthe Stare by this mcans ſhallj be like to a diltempered and xmperfcct body, continually ſubject ro inflam- mations and convulfions, Beſides, certainly, bothin Divinity and in Policy, Offences of Preſumpti- on are the greateſt, Other offences yetld and conſent ro the Law thargt 15 |g-04, not daring ro. make defence, or to jultific themſelyes, 'bur this of- . fence. expreſly olves the Law an afront, as ifthere were two Laws, one a E-—, kind of Gomz-lazr, and the other a Law of reputation, as they rearm it, fo | ; that ſauls and .We#tminſier, the'Pu! 'pit and the Courts of Juſtice, muſt give-place ro the Law (as the King ſpeakerh in his Proclamation) of 0-- din ary TſixblcsJ and ſuch Revercnd Ailemblies 3 the Year-books and Statute- books, mult give placc to ſome Frmc/) and 1talzaz Pamphlcts,which handle rhe dorine of Duels, which if they be in the right, tranſramns ad #la, lets receive them, and noc keep the people in confliat and diſtraction between L two Laws. Again (my Lords) it isa miſcrable. effet, when young men, full of to« wardneſs, and hope, fuch as the Poets call aurore flu, Sons of the Mortj- ing, in whom the expeation and comforr of their friends confiſteth, ſhal' becalt away and deſtroyed in ſuch a vain manner 3 but much more it is ts ollics, as if it were adventured- in the field in fervice of the King and Realmy were able romake the fortuzeof a day, and to changehe fortone of-a kingdome.. Soas your Lordſkips ſee what a deſperate evil thisis 5 ir Men, Peril upon the State, and Contempr upon \the Law, ſſ laſtProclamation,dorh moſt aprlyand excellently call them,bewitehinpDaurls, ſi_ For, if one judge of ir truly, ic is no better rhan a Sorcery, thar Enchant- | eey eth D rnnnn_n mn em nr emn a eyr va aney mn nenrnne m mome S. - C eEE—mIE E em j k 5 be deplored when ſo much noble and gentile blood ſhall be Fpzlr upon ſuch| troublerh Peace, ir disfurniſherh War, ic bringeth Calamiry upon Private 'louchmo the cauſes of it; The firſt motive no doubt isa falſe and &) lrontous nnagmat\on of Hononr and 'Credir z and therefore the King, in his" Charge dgſizi_ſi*zſſſſzct Duzr L,sſi:ſi—ſi eththe ſpirits of young Men, thar bear great minds with 2 talſe (] ew, cies fſa; and a kind of Satanical 1llufion and Apparition of Honour : ;againſt Religion againft Law, againſt Moral Virtuc, and againft the Prc idenrs and Examples of the be{t Times, and valianteſt Nation tellyou by and by, when I ſhall ſhew you rhar the Lay of £4; alone in this peint. ſſ Bur then the ſecd of this wiſcheif being ſuch, it is nouriſhed by v difcourſes, and green and unripe conceipts, whichnevertheleſs have to pre- {vatied, as though a man were ſtaid and ſober minded, and 2 right belfever rouching the yanity and unlawfulneſs of theſe Duels, yer the ftream of. val- | gar opinton is ſuch)as it impoſerh a neceffiry upon menof va'ue rocon- tormthetnſelves ; or cllewhere is no living or Jooking upon mers faces : Sorhar we have nor to do, in this caſe, ſomuch with-parcicular perſans, as with unſound and depraved opinions, like the dominations and ſpirirs 0f the Air, which the Scripture ſpeaketh of. Hereunto may be added, that men have almoſt loft the true notionand} underſtandins of Fortitude and Palour. - For Fortitude diſtinguiſnech of [the gronnds of quarrels, whether they be jult 3 and not only ſo, bur whe- ther chey be worrhy ; and ſerrerh a berrer price upon mens lives, chan ro be-| {towrhem idlely, Nay it is weakneſs. and diſciteem of a mans {clf, to pur amans life upon ſuch ledgier performances z A mans life is not to berrifed away, it1s to be offere] up and facrificed ro honourable Services. publike | Merits, good Cauſes, and noble Adventures. It is in expence of blood, | as it is in expence of money ; Itis no liberality ro make a profulion of mo- ney upon every vain occalion, nor no more it is fortirude to make effulion of bloud excepr thecauſe be of worth.. - And thus much for the cauſes of this evil. , " For the remedies T hope ſome great and noble. perſon will put his hand torhis Plough, and I wiſh that my labours of. this day.may; be bur fore- ronners to the work of 2 higher and{ bercer hand. Bur yer.to! delivermy opinion, as may be proper for this time and place ; :there-be four things thar Thave thought on, as the moſt effecual for the repreſſing of this de- praved cnſtome of particular Combats':. ſſ 7 i> 219 The firlt is, that there do appcar, and be declared/'a conftant! and ſetled| - reſolution in the State to.aboliſlvit, - For this is: a thing.-{my Lords) muſt| go down at once; or not at-all : Forthenevery particuiar man willehink himfelf acquitted inhis rcpuration, when.he.ſees thar the Stzre rak-s-irito hearr, as an inſult againſt ch- Kings power and authority, and thereypon 'hath abſolutely'reſolved co maſter iz; like unto that which was ferdownin cxpreſs words, 1n the cdi&t of: CHA&LES the ninthiof. Frexce rouching Daells, That the King himſelf| took upon humn;the honaur of all-that took thems | {eloes grteved or tntereſſed: for not hauing-performed the Gombat 1 Somult thestare do in-this buſinets, and 1n my Conlcience there'is-nonerhar-is;but lof a reaſonable ſober diſpoſirion» be he never ſo valiant;iexcepr itbe ſorme furious perfon that is like a Fire-worFY hut will-be:g}ad-of :ity when he ſhall fee the law and rule of Stace difintereſt him of awain'and wineradary hazard. ,. rith : 32 91:12% n7.9] Secondly,, Care muſt beraken tha this evil beno more-cockered;nor the humor of ir%ed'; wherein Lhumbly pray-your Lordſhips tharImay ſpeak /my_mind {redly, and yer beunderitood: aright, » The. proceedingsof the! [ 25 great [ CT CN D Cn mm engngcns: mm mn &: - M ali [—Eerrrn—== 1 —A en o epre mn e” ——ereereCe eD rrnn emn eAn | | —— - Sir Fxancis Bacon bs | crear and noble Commiſſioners Marſhall, I bonour and- reverence wuch, = - and of thew 1 ſpeak not in any ſort ; _Buci ſay!the compounding of Quar rels, which is otherwiſc in ule, by private Noble-men and Genrlemen, it 15 | ſo punualand harh ſuch refercnce and reſpect unto the received concciprs, ; D \whars before hand, and whats behind hand, and 1 cannot rell what, as | withour all queſtion it doth, in a faſt.ion, countenance and-authorife rhis | praQiiſe of Deells, asif it had in it fomewhar of right. } ; | | - Thirdly, 1 muſt acknowledge thar I learncd ont of the _Kmg_s laſt Pro- j \Clamation the moſt prudent and belt applied remedy for this otience (if it | fhall pleaſe his Majeſty to uſe it) thar the wit of man can deyife. This of=. | fence (my Lords) is groun {ed upon a falle conceipr of honour and rhere- i fore it would be puniſked in tþe {ame lgmd, In quts reBiſſims pleAitur in | q20 peccats The fountain of honour is the King, and his Aſpegſt, and the Acceſs to his Perſon continueth honour in Life, and to be Baniſhed from his Preſence is one of the grearct Eclipſes of Honour thar can be ; if his Majeſty ſball be pleaſed, thatwhen this Conrt ſhall Cenſure any of theſe Offences in Perſons of Eminent quality, to add this out of his own pow- erand diſcipline, that tkeſeperſons ſhall be baniſhed and excluded from his Coutt for certainfyears, and the Courts of his Queen and Prince, I think there is noman'that hath any good blood in him, will commit an a& thar ſhall caſt him_into that darkneſs, that he may nor behold his Soveraicns face. ſſ Laſly, And that which more properly concerneth rhis Court, we ſce (my Lords) the root of this Offence is ftubborn : For it deſpiſcth death, which is the urmoſt-of puniſhments, and it were a jult, but a miſerable ſe- yerity, to execute the Law without all remiſſion or mercy, where the caſc proveth capiral. ' And yet the lare ſeverity in Frazce was more, where by, 2 kindof Marſhalaw; eſtabliſhed by Ordinance' of the King and Parlia- ment, the party thar had flain another was preſent'y had to the Gibber, in ſo much as Gentlemen of grear quality were Hanged, their wounds bleed- ing, leaſt'a naturaldeath (hould prevent the example of juſtice. But (my Lords) the courſe which we ſhall rake is of far greater lenity, and yet of no leſs efficacy z which is to puniſh, in this Court, all the middle ags and proceedings which tend to the Duell, (which I will enumcrare to you anon) and fo tohew and vex the root in the branches, which no doubr in theend will-kill the root, and yer prevent the extremity of Law. Now for the Law of Englana,Ice it excepred to, rhough ignorantly in two,points;z The one, thatir (hould make'no difference between an inſidious and foul Murther, and the killing of a Manupon fair terms, as they now call ir. The other, thatthe Law hath nor provided ſufficient puniſhment, and re-| parations for contumely of words, asthe Lye; and the like, But theſe are no better than Childith Noveltics againft the Divine Law, andagainſt all Laws in effe&t, and'againſt the examples of all the braveſt, R : 2nd moſt virtuous Nations of the World. For firſt, for the law of God, there is never to be found any difference made in Homicide,but berween Homicide voluntary and involuntary,which we tearm Miſadyenture. And for the Caſe 6f 'Miſadventure it f(elf, there | ! were Cities'of retuge'; ſo thatthe offcndor:was pur ro his flighr, and that flight was ſubje& to accidenr, whether the revcriger of blond ſhould over- ſak( ſi Charge againf DutLt s. rake him before he had gorten Sancuary.or no; Iris true that our Law hath made a more ſubtile- diſtin&tion between the will enflamed, and rhe] will adviſed, berween Man-flaughter in heat, and Murther upon prepenſed nalice, of cold blood, as the Souldiers call it, an indulgence 'not unfit for a ]chollerick and watlike Nation, for it-is- true, [ra furor brevis 3 a-man in fury is nort himſelf. This priviledge of patſion the ancient Roman Law re- |ftrained, bur to a Caſe, that was, if the Husband took the Adulterer in the manner z tothat rage and provocation only ir gave way, that it wasan ho- micide was juſtifiable., Bur fora difference to be made in cafe of killing and deſtroying Man, upon 4 fore-thoughr purpoſe, berween fowl and fair? and as ir were between fingle Murther and vyed Murther, it is buta mon- |ſtrous Child of this latter Age, and there is no Shadow of it in any Law Divine or Humane, Only it 1 true, 1 find in the Scripture thar CAIN inticed his Brother into the Field, and flew him treacheroufly , Bur ZAMHECH yaunted of his Man-hood, That he'would Kill aToung 91an,and if 'it were in his hurt : Soas1 ſee no difference berween an infidions Mur- ther, but the difference berween Cazzand LAMECH, As for examples, in Civil Statesz all Memory doth Conſent, that Gr}u',zi and Zome were the moſt valiant and generous Nations of the World, ad that which is more tobe noted: they were Free Eſtates, and not under a Monarchy, whereby a Man would think it a grear deal the more reafon that particular perſons thould haye righted rhemſelves 3 and yer they had nor | this praQiſe of Duells, nor any thing that bare ſhew thereot ; and ſure they would have had it, if there hadbeen any virtugin ir. Nay, as he faith, (/as eſt & ab hiſte doceri) it is memorable, thar is, reported, by a Councellour| ...... Ambaſſador of the Emperors, touching the cenſſlre of the Turks, of theſe Duells ; There was 2 Combare of this kind, performed by two Perſons of Quality of the Turks, whercin one of them was Slain, he other party was Convented before the Council of Baſſaes ; the manner of the repre- henſion was in theſe words 3 How durſt yowundertake to Fight one with the other 2 are there not Chriftians enough to kill> did you not Fnow that whether of you ſhould be ſlain the loſs would be the great Sergneours 2 So as we may fee that the moſt warlike Nations, whither Generous or Batbarous have ever deſpiſed this wherein now men glory. 15 bur Itis rrue (my Lords) that find Combates of two Natures Authorized how juſtly I will not diſpute, as to the larter of them. The one, when upon the approaches of Armies inthe Face one of the other, particular perſons have made Challenges for Trial of Valors in the Field, upon the publick Quarrel. This the Roxzans called pugne per provocationem. And this was never, but either berween the Generals themſelves, who were abſolute, or between particulars, by licence of the Generals, never upon' private Authority, So you ſee DAY1D asked lave when he fought with GOLTAH, and 70.43, when the Armies were met, gave leave; and faid, Let the young »zen play before u%, And of this kind was that famous examplein the Wars of Naples, beeween twelve Spantards, and twelve talians, where the Ttals- 45 bare away the ViRory 3 beſides other infinite like examples worthy and laudable; ſomerimes by fingles, ſometimesby numbers. The ſecond Combate 1s 2 Judicial Trial of Right, where the right is obſcure, introduced by the Goths and the Northera Nations, but more anci- : ently C eA eD " $&r Frxancis Bacon bi | ently entertained in Sparz ; and this yer remains in ſome C: ſes, as 4 Di—! l vine Lot of Bart: i, though controverted by-Divines, touchins the Jawful- 7: !ſineſs of -it : So that 4 wiſe Writer faich, Taltter Pugnartes Udentur ten- ſſ tare Deum, quta hoc welunt ut Dew' oftendat & fauiat miraculum, ut juflam cauſam habers vittor efficiatur, qued ſpe contra accidit, But howſoever it - be, this kind of fighr raketh his warrant from Law. Nay, the Freach them- ' ſelves, whence thts folly ſeemeth chiefly ro haveflown, never had itbur on- ; ly in pradtiſe and rolleration, bur never as authorized by Law; Andyer now of Jate they have been fain ro purge their folly with excream rigour, E inforuch as many Gentlemen left between death and life in the Duells (a5 ; | 1 ſpake before) were haſtned to hanging with their wounds bleeding. For [the Statefound ir bad becn neglected ſo long, as nothing could be though crvelty which rended to the putting of it down. As for theſccond defe, pretended in our Law, that itharh provided no |remedy for Diesand Fillips, tt may receive likean{wer 3 It would havebcen thought a madnels amongft the ancient Law-givets, to have ſecr a puniſh- ment upon the Zze grven, which in eſſcc_ſt is buta word of denial, 2 nega: F tive of anothers ſaying. Any Law-giver, if he had been asked the que- {tion, would have made Solons anſwer, That he had #2t Wdained eory puniſh- meut fornt, becauſe he yever imagined the world would hawe been' fo fantaſtt- ; " cal r5;to take it ſo highty. The Civilians they diſpute whether an. ation of — [/z7u5 lyeforit, and rather reſolve the contrary. "And Frazxcis the firſt of E- Frajce; whofirſt ſer.onand ſ{tamped this difgrace ſo deep, is taxed by the judgment of allwiſe VVriters; for beginning the vanity. of it; for it was {he,. chat-when he, had bimaſelf _givcn the lycand defie to the Emperor, to make 'it currant in the world, faid 'in # ſolemn Aſſcmbly, That he was no houeſt Man that would bear the Lye, which was the fountain'of this new learnings 7 | ſſ Asfor words of reproach and'contumely (whereof the Lye was eſteemed none) it is not credible {bur tharthe Orations themſelves are extant) what extream and exquiſite reproaches were tolled upand downiinthe Senare of Rome;and the places 6f Afſembly,and the Iike'in Grec:a.and yet.no man took himſelf fowledby chem,bur took them-burforbrearh »&theſtile:of If Dy 1eftlicot anEncmy, f : and either deſpiſed them or returned them; bur.no bloog { pir abour them: : —— A emn mn meo eSAn PE A : P ed : " _ Sqof every tonch or light blow-of the perſon, they are aot_in them- {elves confiderable, favethat they-have got uponthem the ſtampe of a dif- grace,, which makethitheſe light thinos paſs' for great-matter; . The Law of E7glant, and all Laws, hold theſe degrees of 1njury to theperfon 5 (as aer, battery, maime, anddeath : And if thete bc*eXtraordinaryſicircmnſſiian- ces'of deſpight and contumely; as-in caſe of -Libels and Battanadoes, and the likes this Court': raketh them-in hand and puniſterh chem exemplarily. Bur for thisapprehenſion of -a diſgrace, that a Filli Ppe tothe'Perfon ſhould beamoertal VWound tothe Repuration, ir were good thar Men did learken unto:the ſ2ying of-Conſalwvo; the great and famous Commander, that was| | woit to fay ; - 4-Gentlemans hozowr ſhoald be, 'De tela craſviore, of a'g00d | | j {irong Warp-or Webz\thar every-little thing ſhonld nort carch/in ic,-?vhen ſſ' | [25-row-ir ſeems:theyarc bur of Cobweb-lawn, or fuch lightftuff, which z | |ccreanly is weakneſs; andnor rrue grearneſs of mind, but likea fick Mans 1 And ſonmich-inmainte- — ſſ,;ſſ@d F, that-is ſorenders thar it feels every thing. j natce and demonſtration of the wiſdom and juſtice ofthe Law of the Land, - For P em ePTn { 0 OO UEEE ETIIS | { [rhe favour of the King and the Court, I will proſecute in this Covurr in the meerwith ſome of th&mtoo, and I am ſure (my Lords) this courſe of pre- Chatge ctgain}ſii Duzt is. For the capacity of this Court, I rake this to be a ground infallible, That whereſoever an offence 15 Capital, oz matter of Frllz}n}, tbaug/a it be not aRed, there the combination or praiiſe, tending to that offence is paniſhable in this Court, as a high Miſdemeanor. So praftife to Impoiſon, thoughit rook no effet z way-laying to Murther, though it rook no effe, and thelike, have been adjudged haynous Miſdemeanors puniſhable in this Court. Nay, inceptions and prepararions in, inferior crimes (thar are not capiral) as ſub- orning and preparing of Wirneſles, that were never depoſed, or depoſed nothing marertal, have likewiſe been cenſured in this Court, as appeareth by the Decree in Garzous Caſe. Why 2 then the Major propoſirion being ſuch, the 27;07 cannot be de- nied: for every appointment of the Field, 1s burt combination and plorring of Maurther, iet them guild ir -how they liit, rhey (hall never have fairer E rerins of mein place of juſtice. Then the concluſion followeth, that ir is a Caſe fit for the cenſure of this Courrt. And of*rhis there be preſidents in the very point of Challenge. - It was the Caſe” of Wharton , Plaintiff againſt Ellekar and Acklaz2 De- fendants, where Actlan being a follower of Elletars, was cenſured fori Caſſſ['ying 4 Cimll@ngc from Ellechar to Wharton, though the Cha]]cngc wasi not putin Writing, bur delivered only by word of Meſſagez and there| are words in the Decree, that ſuch Challenges are to the ſubverſion of Go- vernment. Theſe things are well known, and therefore 'I needed not ſo much to have infited upon them, but thatin this Caſe I would be thought not to in- novne anything of mine owa hea4, but to follow rhe former preſidents of the Court,thouzh L maan to.do it.morechroughly,becaule the rimerequires it more. Therefore now to come to that which concerneth my part, Iſay, that by | Caſcs following. Lf any man ſhall Appoint the Field,though the Fight be not acted or per- formed, : If any man ſhall ſend any Challeng in writing,or any mellage of Challenz. *ZIf any man carry or deliver any wriaing.or meflage of Challenge, If any man ſhall accept or return a Chullenge. ' If any man ſhall accept to be a Second in a Challenge of cirher ſide. IF any man ſhall depart the Realm,. with intention and agreement to performthe Fight beyond the Scas. > 7 If any man(hall revive quarrel by any ſcandalous bruites or writings, contrary ro a former Proclamarion publiſhed by his Majeſty tn thar behalt, Nay; I hear there be ſome Counlel learncd of Duels, that tell young men when they are before hand,' and when they are otherwile, and rhereby in- cenſeand incitethem to the Duell, and make an arr of it; Lhope I ſhall} C R TNN An TEN D RN - Rn ePR venting Duells in nipping them. in the bud, is fuller of clemency and provi- dence than the ſuffering them to go 0n,and hanging Men wſilth their wounds i {blecding, as they did in Frazc. \yond the Sea to Fight, I may have granted his Majeſtics VWrit of Ne exeat | To conclude. Lhave ſome petitions ro makey firlt, to your Lordfhip, my | Lord Chancellor, thatin caſeI be adverrifed of a purpoſe in any to go be- VCR tins ” Sir FrRancis Bacon bs rmerrnnndnn reguw roſtop himy for this Giant beſtrideth the ſca, andT won!d take andſnare him by the footon this {ide, for the combination and plotting is on this {ide, though it ſhould be ated beyond ſea. And your Lordi}.ip faid notab/y the, Jaſt rime Lmade a morion in this buſineſs, that a man may beas wcll, fur de (e, as ſelo de ſe, if he ſteal out of the Realm for a bad purpoſe, and for the fatisfying of the words, of the Writ, no_man will doubt bur he doth 22ach1n9-4 contra coronam (as the words of the Writbe) thar ſeckerh to Murther a SubjeR ; for that is- evers contrs coronam & dig- witatem. 1 have allo a ſuit to your Lordſhips allin general, that for Jy- ſtice ſake, and for truc honours fake, honour of Religion, Law, andthe King our Maſter, againſt this fond and falſe diſpuifſe or puppetry of ho- nour, I may in my profecution.Cwhich it is like enough may ſometimes ſtir coals (which Ieſtfecm nor for my particular, bur as ir_may hinder the good (ervice) I may(I fay) be countenanced and affifted from your Lordſhips: Laſtly, Lhave a petition «o the Nobles and Gentlemen &f Ergland, thas they would learn toeſtcem themſelves at 2 juſt price : Noz hus queſitum mu- 7 17.uſus, their blood is not to be ſpilt like water or a vile thing, tnerefore that they would reſt perſwaded there cannor be 2 form of honour, cxcept it be upon a worthy matrer. Bur for this, Ipſi 0p:$: dÞÞ$His day was heard and debated ar large, the ſeveral mat- $ tcrs of Informations here exhibired by: Sir Francis Baron þ - Knight his Majeſties Attorney General, the. one againſt <& Will:am Prief} Gentleman, for writing and ſending aLet- $.5.41! ter of Challenge, together with a ſtick, which ſhould be &WE"ÞVMWW* the length of the Weapon, And th* ocher againſt Rgchard | - Wright Eſquire for carrying and delivering the ſaid Let-| rer and ftick unto the Party challenved , and for othcr contemptuous and inſolent behaviour uſed before the Jultices of the. Peace in Surre) at their Sefions , before whom he was convented. . Upon the opening of which Cauſe his Highneſs faid Attorney General did firſt give his reaſon' to the Court, why in a Caſe which he intended ſhouldbe a leading; Caſe,-for the reprelling of ſo grear a miſchi_cf in the Common-wealth, and concern- ingan offence which raigneth, chicfly amongſt perſons of honour and qua- lity, he ſbould beginwith a Cauſe which had paſſed between ſo mean Perſons as the Defendants ſeemed tobe z which he ſaid was done; becauſe|. |he found this' Cauſe ready Publiſhed : And'in fo growing at evilzhe|| thought g60d to loſe no time, whereunto he added, thar it was not-amiſs| ſomgrimesro bear the Dog before the Lyon, ſaying further, that he choughr; ir yyould beſome motive for Perfons of Birth and Countenanceto/leave-it> { when they ſawitwas taken up by baſe and mechanical fellowes, bur ccn-|/ cluded 3 That he reſolved to, procced without reſpe& of Perſons for. 'the time'to come; "ah1d for the pteſent ro ſupply the meannels of chis/particu- lar Caſe by inſiſting the longer vpon the general point. 7 Wherein he did firft exprefsunto the-Court, at large,the greatneſs and dangerous conſequence of this preſumpruous offence, which extortedre- venge/out of theMagiftrates hand, and gave boldneſs.to private men;to be, Eaw-givers to-themſclves, 'the rather becaule it is an offence thar doth juſtifie it ſelf againſt the Law, and plainly gives the Law an jaffront ;;de- {cribing alſo the miſerable fe& which it. draweth upon, private families |by curting off Youhg-men, otherwiſe of gaod hope, and«chicily.the loſs of theKing and Common-wealth, 'by rhe calting away of muchgood blood,' « which being ſpentin thefield upon occaſion of ſeryice where'able tocon- tinue the renown, whichthis Kingdome hath obrained in.all, ages, of be- ing eſteemed victotious. . 4 15 eR 5 3 Secondly, his Majeſfies faid Attorney general did diſcourſe rouching the cauſcs- andiremedies of thismiſchief, that prevaited ſoin theſe times, ſhewing the ground thereof ro be a fDalſe and erroneous imagination of ho= | 2 . — nor ſſ S—_ el ————— " The Dtcks /ſi*lctz Duels, for that itis no better, than a entlemen in compſio'uzidihg of quarre in private men; of what-ſocver degre and'this to' doe ar once » Forthar then ee n whichidid inanywiſetend © the Þuck branches; thatj to ſuffer thetn to tun on, 0 WARICS 11m | Genelenien of gteat Qualiey; keep them'from'the examn Ple of Juſtice. C R r e eerRe eA nibmenr, and teparitionfor 6 onthimely wherein: his Mijelties faid Artorney argumentsand examples : That, remeodt——r [ ; tal quavrels tp6h uhayil andr)eſſRr p Iti reverAlthorifed® byaiy W." anciene 0 Weary Pie'y "agthey" Have veritye%n 2bods atol thiigy beey for rmmtmnmyma emn - mm S. T '—*—"****——-— nor_and credit, according tothererm, by a formcr Proclamation of his Ma Jeſt like!)>and{; &'to'prevent the Capial pyni | Thirdly his Msjeſtics' laid' Attorney geners whichi1he |brotighe ard alledged, free the, Law of Erg vain and childith exceprions,' whichare taken E of the, kind of lorcery, the, ſpirits of Youpg-menz which bear great minds. withattew of honor in-that\ which-is-n6 honor indeed, being againſt Religion, Law, Moral Verrue, and againſt the'preſfidents and examples of the beſt times, and valiantcſt Nations of the World, which thouſſgl and,milicary yertue in a publique quarrel'; yerk Duels meant : ſaying further, that there was tog much nance gtven unto theſe Du}ls by the courſe thatis he1d Ils, who uſe to upon conceits ofſacisſactions, and diſtin&tions, whar i what behind hand, which do bur. feed the bumour : Adding likewiſe that it” was no fortitude t6 ſhew yalour in a quarre},” except and worthy ground of the qut2rrel ; bur thatic was weaknefs to ſet a mans life at ſomeay a rate; as't; beltow it upo toberather offered np and lacrificed to honourable ſervi tits, 'good cauſes and noble Adventures, *And as.concer: he-coneluded : That the ohly 'way was,. th conftant and {crled refolution to maſterand pur down e, of r'ighting their..own wrongs, EVEry parricular man, would think. himfelf Acquitred'inhis reputation,when rhar he (hall ſeethartheStare takes|; his honer thts their hands, *and ſtandeth b prejudice,” which he mioht receive in his repuration. for unto-headded likewiſe,” thar the wileſt .and wildeſt wayito ſuppreſstheſe Duels; was 'rather tb*puniſh in this Court, all the Ads..of Preparation', +,.(as rhis of Challenges. and.the ſhmenc, and to vex the rootiin:thef tothe exccution, nifh them C aptrally; after the, manner_of France,, where.of late timgs: tE thathad killed others in.Duel, ,were carried; ro the Gibber” with"their wourjdsſſblecding, lealt a ced to.;put.ir. d 1 they,cxcclled for Proweſs new not what theſe private n erifling occafions, - which ought at che State;would declare a l did , by many.reaſons lang from certain þ:: by,theſe Duell;fs,; The one/ becauſethe'Lavw mikes. io difference_in puniſhment, berween an inſidious}:/; and foul-Murther, *5jg the killing of 2.man, , as theyicall ie/ Th'sther" for that the Law hath 29t Provided {ufficientpu- [ of words, as the Ljez:andthe like'y['r; rREy general. did ſhew, by many weightyþ12 Zgart BE Law of England did conſcnt with they y | Law of 604;ard theTawy of' Naturs in both rhoſe poin + dillin@ion in Murtherbet ween-foul and fair, ,and| this g pon Cha]!e'nge and fair rerms, R : - l which was glven to thoſe Duels, ics, which cailed chem #en rtching which enchanceth way and counte- by Noble-men and and too punctually | $ b(ctforc-hand, and thcre were a juſt ces, publique me- Ang the Remedies, this preſumprion Erween him and any Intercft, orþ; obeying z where- and,,chen-ro-ipu-|, natural death (hould!. ts,and thar this! $fince have beer 1. oab_hfgfl words: orthe like diſgraces; wagh11i1. 7 _ examples, but...it isa late yanity| - , rept in from the Praftice of .the French, ,vſſho_ſſch(:mſe!ve own with all fec;{ 51 P ourthly, } F3S p=s- H z 4 { - Star-Chamber aZainſſſt Duz: s. J m n. 2 — Fourthly, his Majeſtics ſaid* Atrorney General did prove utto” 'the |Court by rules'of Law and Prefidents ; thar this Court hath - Capacity' to fpuniſh ſendmg and accepting of Challenges, though they were never acted| nor execured; raking fora ground infallible, that whereſoever an ofience is Capital or matter of fellony, if it be a&ed and performed, there the conſpiracy, combination, or praQtice tending tothe ſameoffence is puniſh- able asa high miſdemeanour, although they never were petformed. * And'|| therefore thar pratiſe to impoiſon though ittook no effe&, and the' like, have been puniſhed in this Court : and cited the Prefident'in Garyoas caſe; | wherein a crime of amuch inferiour nature,”the ſuborning-and preparing | of Wirneſſes, tHbugh they never were depoſed, or depoſed nothing mia- | rerial, was cenfured in this Court, whercupon he concluded, that for as| much as every appointment' of the field is in Law but a combination of ( plotting ofa"Murther, howſoever Men might guild ir : That therefote ir was 2 Caſe fit for the cenſure of this Courtzand thercin he vouched a Prefis!! dent in the very point,that in a Caſe berween Whartos Plaintif,and Fleyker and 4c{lay Detendants. Acklam being a follower of Elerkey bad carried 2 challenge untoWhartor, andalthough it were by word of month, and not by writthg , yet it was fevercly cenſured by the Court ; the Decree ha- ving words; that fuch Challenges do rend to ghe ſubverſion of government: Andtherefore his Majeſties Artorney willed the {tanders by to take notice that ir was no innovation thar he- brought in, bur a proceeding, accord- ing to former Preſidents of the Courr, although he purpoſed'to follow'it more throughly than had been done'ever heretofore, becauſe the rimes did more and more require it. Laſtly his Majeſties ſaid Attorney Getieral did | declare-arid'publiſh ro'the'Courr in ſeveral Articles his 'purpoſe and' reſo* lution in what' Caſes/he did intend toproſecute offences of thar' nature in this Coure, - That'is roſay, Tharif any man'ſhall appoint the field, although the fight be not” aed or performed. Tf -any man (ball ſend any Chal- lenge in writing;'or weſſage of Challenge, 'If any man ſhall'carry or delj- verany writing ormeſſage of 'Challenge ,- If any' man' ſhall excepr or re- turo'a Challenge. Ttany man ſhall accept to'be'a ſecond in 2 Challenge of either part » 1f any man ſball depart the Realnv with intention' and agree- ment to perform the fight beyond the feas: Ifany man ſhall revive aquar- rel, by any ſcandalous bruits or writings contrary to a' former Proclama- tion', publiched'by higMajeſty in ſſthar behalf, _thflt in all theſe Cales his Majeſties Atrorney General, in diſcharge of his'duty , by the favour and' aſſiſtance of his|Majeſty and the'Court, wou'd bring the Offenders of what ſtate or degree whatſoever*to thejultice of rhis Court, leaving che Lords Commiſſieners Marſhal ro'the more exac remedies; adding further, that | he heard chere-was certain_Counce) learned of - Daels,” thar tel! Young- men when they/are beforchand, and when they are ocher\jviſe, and did 1n- cenſe and incite them'to the Duel, and made an ort of it, .who lkewiſe ſhould not be forgotten, andfo concluded withtwo petitions, the one in particular to'the Lord Chancellor, thar iti caſe advertiſement were given of a purpoſe in! any'to go' beyond the Seas'to ſigþc, there might be granted his Majeſtics writt of N& excat\7egnum againſt him': Andthe other to the Lords iti general,” that be mighr be affiſted and counrenanced in this| - ervice. : ' : fſſ Affect which opening and Declaration of the General Cauſe, His Ya- . jeſties ——G———————— 14 |. The Dzckzs of the | Chal:enge and Offence now in hand and brought ro the judgement and ccnſure of this honourable Court; whereupon -it appcarcd: to this ho- norable Court by the Confeſſion of the, ſalg Defendant Prieſt himſelf, that he having received ſome wrong and -dlſſſgracc_ at the. hands of ohe Hutcheſt » dtd thereupon in, revenge cher_cof writa_Zerter-to the ſ%xd Hutcheſt containing a Challenge to fight with him at ſingle Rſizptcſir, which Letrer the ſaid Przeſt did deliver ro the ſaid.Def(-ndanc Wright, together with a ftick conraining the length- of the Rapier, wherewirh the ſaid Prief meant to pertormhe tight> whereupon the faid Wyight dia deliver the ſaid {Letter tothe ſaid Hutcheſt, and did read the ſame untoffim, and after the reading thereof did alſo deliver to the ſaid Hutche# the ſaid ſtick, laying,| - thar the ſame was the lengrh of the weapon mentioned in the faid Letrer Bur the ſaid utcheſt (dutifully reſpeCting the preſervation of his Majeſties peace ) did refuſe the ſaid Challenge, whereby no further miſchief did enſue thereupon. This honourable C ourt, and all the honourable pre- ſence this day ficting, upon grave and mature deliberation, pondering the quality. of rheſe offences , rhey;generally approved the ſpeech-and obſer- vations of his Majeſties faid Attorney generat , and bighly commended his great care and good fervice in bringing a cauſe of this nature to publick puniſhment apd example, and in profciling a conſtant Purpoſe to. go# on in the like courſe with others ; Lerting him know, that he might expect from rhe Coutr all concurrance: and. aftiſtance in ſo ood 2 work.. And thereupon the Court did by their ſeveral opinions am% ſentences declare how.much: ic .imporred the peace and. proſperous eltate of his Majeſty and, his Kingdomto nip this praQtice and oftence of- Duels in' the head | which now aid over-ſpread.and grow univerſal, even among mean perſons, and was not onely entertained in practice and cuſtome. but was framed in. ro 4 kind, of Art and Preceprs ? ſothar according to the ſaying of the Scri-|' pture, Miſchief is zmagined like a Law. And the Court with one £con- |fct, did declare their opinions.. That. by.the anciene Law of the Land; all Inceptions, Preparacions, and Combinations to execute un'awſulas, though they neyer be performed as they be nor to be puniſhed eapirally :excepr it be incaſe of 7reaſon, and ſome other perticular Caſes of Sta- tute Law : Soyet they arepuniſhable as miſdemeanors and contempts : And thar this Court was proper for offences. of ſucþ nature, eſpecially.in this Caſe, where the bravery and inſolency of the times areſuch as the or- ldinary Magiltrates and Juſtices,,that are truſted with the preſervation of| - )chc. Peace, are not able.to maſterand repreſs_ theſe offences, which were 'by..the Courc at large ſer forth, to be not onely againſt the Law of Gods/ - - |to.whomand his Sublticutes. all revenge be'ongeth, as part of his Preroga- » [tive, bur alſo againſt the oath, and duety of every ſubje& unto his Maje- ſty;,, for that the, Subje&t doth ſwear unto him by the ancient Law, allegi-|, 'akce of life and member, whereby. it is plainly inferred that the ſubje& . harhnodiſpoſing power over himfelt of life and member to be ſpent- or ventured according to his, own paſſions and fancies, in ſo much asthe ve-| ry,practice of Chizalry 'tnJuſts and Torrnayes, which are but images of martial aQtions, ,appear by. ancient Preſidents not to _be lawful without ; theKings licence obrained. The Court alſo noted, -that theſe private| i ucls or Combats were, ofanother nature from the Combats which hare , been : Star-Chamber againſ# Dus 1. s. |beenallowed by the Law as well of this Lan{ as-of other N the tryal of rights or appeals. For thar thoſe Combats receive dire-| ction andauthority from the Law, whereas cheſe- contrariwile ſpring only | {from the unbridled humonrs of privatemen. And as for 'the pretence of |honor. the Conrt much miſliking the confuſion of degrees which is grown | of late (every man aſſuming unto himſelf the term and arcrivure of honor, idid utrerly zejet and condemn the opinion tharthe private Pwel, inany {perſon whaxſocvcr-, had any groundes of honor, as well becauſe nothing [can be honoutable thar is not lawful, and thar ir is no magnanimity. or [grcarnefs of mind, bur a ſwelling and tumor of the mind, where their fail- crh a right and ſound Judgemenr z as alſo for thatir was rarher jultly ro be eſteemed a weakneſs and a conſcience of ſmal vaiue in a mans {elf ro be dejeQted, fo with a word or trifling diſgrace as to think there 1 ' |cure of it, bur by the hazard of life: whereas true honour in perfcns that know their own worth is not of any ſuch brictle ſubſtance bur of a more \{trong compoſirion. And finally , the Court ſhewing a firm and ſerled |refolution to procced with all ſeverity againſt theſe Duels gave warving | j [ | { | - [ro allyoung Noble men and Gentlemen, that they ſhould nor expect che| | like connivence or tollerarion as formerly have been , bur thar Juſtice [ſhould have a full paſſage withour protection or interruption. Adding,| that afrer a ftrait Inhibition, whoſoever thould atrempr a Challenge or Combar, in caſe where the other party was reſtrained to anſwer him, ( as now all good ſubjeas are ) did by rhejr own principles receive the diſhonour and diſgrace upon himſelf, and for the preſent Cauſe , The Court hath ordered, adjudged, and decreed, that the faid Will:ays Prieſt, and Richard Wright, be committed to the Priſon'of the Fleet, and the faid Prie} to pay five hundred pounds. and the faid Wright five hundred marks for thcir ſeveral Fines ro his Majeſtics uſe, And to the end, that ſome more publique example may be made hereof amongſt his Majelties people, The Courr hath furcher Ordered and Decreed , Thar the faid Preeft and Wright (hall at the nexr Affizes to be holden in the County of Surye) publiquely in face of the Court, the Judgesfitting, acknowledge their high contewpt #nd offence againſt God, his Majeſty, and his Laws, and ſhew themle!ves penitent for the fame. Moreover the wiſdom of this high and honourable Court thoughtir meer atrid neceflary tharall ſorts of {his Majeſties ſubje&sſhould underſtand and takenotice of rhat which hath |been ſaid and handled this day tonching this matter , aſwelby his High- neſs Atrorney General, as by the Lords, Judges, touching the Law in | ſuch Caſes. And rherefore the Court hath enjoyned Maſter Atrorney to | have ſpecial caretothe penning of this Decree , for the ſerting forth| {in the ſame ſummarily the matters and reaſons, which have been opened | land delivered by the Court rouching rhe ſame , and nevertheleſs alſo at | [ſome rime convenient to publiſh rhe parriculars of his ſpeech and decla-| {ration, as very meetand worthy to be remembred, and made known to! {the world, 2s theſe times are : And this Decree, being in ſuch ſorr care«| \fol y drawn and penzed, the whole Court thought ir mere, and fo have | lordered and deereed, thar the fame be nor onely read and publiſhed ar| iche next Affſizes for Surry at ſuch time as the ſaid Prieſt and Wright are to] acknowledoe their offences as' aforcfaid ; Bur that rhe fame be likewiſe | vubliſked and made known in 4/l Shires of this Kipgdom. And to that end|j | : : the| mm m grtrnttones. ! ! { { j } t | ſſct. I | | | | | | | cti | i em eeerenerer n nrn e rrrern emn emn eC S IrG the Jultices of Aſſize are-required by this honourabie' Court to caule rhi$ Decree tobe ſolemnly read and publithed in alirhe p'acings and fitrings of their ſeveral Circuirs, andin the greateſt Aflembly, rothe end, thar all his Majeſties ſubje&ts mzy take knowledge and underſtand the opinion of this honourable Court in this caſe, and in what-meaſure, hbis Majeſty, and this honourable Court, purpoſeth to punith ſuch as ſhall fall into the like co-remyt and offences hereafter. Laſtly rhis honourable Courrmuch approving that which the right honourable Sir Edward Cile Knight, Lord| Chief Jultice of England did now deliver rouching the Law in this caſe of | Ducls, bath enjoyned his Lordſhip to report the ſame in print, as hehath formerly done divers other Caſes, thar ſuch as underſtand not the Law in [that behalf, and all others may betrer dire& rthemſelves and prevenr the| danger rhercof hereatter, :