AN EDICT OR STATVTE lately set foorth by the French King, concerning the prohibition and punish­ment of single and priuate Combats.

Published there in the Parlament, June 27. 1609.

And first printed at Poictiers by Iohn of Marneff the Kings Printer, 1609. with his Maiesties Priuilege or Licence.

¶ Newly translated out of French.

[printer's or publisher's device]

LONDON, Printed by William Hall for Richard Boyle, and are to be sold at his shop in the Black-Friers. 1609.

HENRY by the grace of God King of FRANCE and NAVARRE:
To all his Subiects greeting.

The Kings our pre­decessours, and We, haue made diuers Ordinances & Statutes for the restrai­ning and abolishing of the too com­mon and familiar vse of duels and single combats in this our kingdome. Mooued, as most Christian Kings, with our dutie, and the discharge of our consciences towards God: and as louing and gentle Fathers, with the gene­rall safety and welfare of all our Subiects: as likewise with the care We haue of the preseruation of our So­raigne authoritie, greatly offended and endammaged by the disordered and too much vnbridled licence of those aforesaid combats. To this end haue We, by our Edict, dated in Aprill the yeere of our Lord 1602. and made by the consent and aduice of al the Princes of our blood, the Officers of our Crowne, and others of our Counsell which were then about Vs, declared all such, as vnder a pretence of drawing satisfaction from any man for a pretended wrong, shall either challenge, or cause him to be challenged, guiltie of high treason, and withall ordained they shall bee punished accordingly: as likewise such as shall answer any such challenge, or assist & second such as doe. With expresse prohibitions [Page 2] to all our Officers, of what place & qualitie soeuer, not to dispense with such as are guilty of the paine prescri­bed by the lawes of our kingdome against the Crimi­nals of interessed Maiestie, or high treason, nor to mo­derate the same vpon any consideration. Hoping that the grieuousnesse and terrour of the said paine will be a meanes to represse the libertie and detestable custome of those aforesaid combats. But so farre are We from obtaining what Wee so laudably desire, that, to our great griefe, and the no lesse contempt of Gods Com­mandements and our owne, these single duels or com­bats haue since beene farre more frequent then before. Which we haue obserued principally to proceed from a false, erroneous and long conceiued opinion, too deep­lie rooted in the hearts of our Nobilitie, who haue al­waies had their honour in greater estimation then their liues, That they ought not to demād or seek for any satis­faction of receiued wrongs, but only by armes, without disparaging their reputation, and incurring some note of cowardly basenesse, but specially in those cases, which they imagine cannot bee sufficiently repaired but by armes. Notwithstanding that We, to free them from this scruple and pretext, haue by our foresaid Edict beene willing to charge our selues with whatsoeuer might bee obiected in this regard against those that should submit and range themselues to the obedience and obseruance thereof. Moreouer, many as malicious as rash, not well informed of what heauy censure and iudgement We do esteeme such actions worthy, doe of­ten times on set purpose engage and precipitate them­selues thereinto, to the no lesse endangering of their soules, then of their bodies, thinking to increase heere­by their reputation, and to get the start and aduantage [Page 3] of others. Howbeit, in effect they bee directly contrarie to true and solid honour, no way beseeming a true Chri­stian, and altogether displeasing vnto Vs. So that from Vs they are to hope heereby for so little fauor, that We detest the vse of thē, as We do those that practise them, as a more then brutish madnesse. Being willing there­fore now lastly to make cleere and manifest the false con­ceit of those that build such opinions vpon so dange­rous and deceitfull foundations; and by the same means prouide (as much as in Vs lieth) for the disastrous incon­ueniences which are daily bred of the boundlesse ouer­flow of this aboue said libertie: as experience teacheth Vs, that sometimes it is necessarie, for the better welfare of the Common-wealth, to alter and change the lawes, and to accommodate them to such accidents as newlie happen, to make them the more profitable: Wee like­wise haue thought it requisite, by the aduice of the said Princes of our blood, Officers of our Crowne, and o­ther great and honourable persons neere vnto vs, who by our expresse command haue often assembled them­selues together about this subiect, to adde to those preceding Statutes and Decrees made by our Predeces­sours, and by Vs, against the said combats (without re­uoking or disanulling them in any thing) this present Ordinance. Which We will and command to be kept, and inuiolably obserued of all sorts of persons, of what estate or condition soeuer they be. Giuing them all ex­presse prohibitions to this end: As likewise to the Queene our deare and best beloued Associate, & to all the said Princes of our blood, other Princes, and to our principall and speciall Officers & Seruants, not to make any petition, request, or supplication vnto vs contrarie heereunto, vpon paine of our displeasure. Protesting [Page 4] and swearing by the liuing God, neuer to grant any grace or pardon, that may derogate from this present Ordinance, nor euer to dispense with any man from the paines and punishments thereby prescribed, in fauour or consideration of any whosoeuer, nor for any cause, pretenses, or respects, that may be taken, propounded, and alleged, whatsoeuer.

IFirst of all, We enioine all our foresaid Subiects, of what estate or condition soeuer they be, to liue heereaf­ter in peace, vnity, and concord, without offending, wronging, contemning, or prouoking one another to hatred and enmitie, vpon paine of incurring our indig­nation, & suffring withall some exemplary punishment.

IIWee command that they honour and respect such persons as by birth, and by reason of those offices and dignities wherewith our selfe haue furnished them, de­serue to be distinguished from other, as We vnderstand they are: and that such as shall faile in this their du­tie and respect, be punished according to the qualitie of the person whom they haue offended.

IIIThe said persons of qualitie shall likewise abstain from offending others, wherby to compell them to loose the respect which is due vnto them. And where they shall so doe, shall be bound to satisfie as shall bee appointed.

IVAll differences that shall happen amongst our sub­iects, and whereof the examination and decision may and ought to be performed by iustice, shall be ended and voided by the ordinary courses of law established in our kingdome. And We forbid the parties to frame any [Page 5] quarrell thereon, vpon paine to him that shall attempt it, of the vtter losse of the thing in question, which now from this present we will adiudge to his aduerse partie.

VAnd forasmuch as through the indiscretion and ma­lice of some, others sometimes endure such grieuous outrages, that they thinke it impossible to draw any a­mends from them which may satisfie them in their ho­nour, but by way of armes; which being interdicted and forbidden by our said Edicts, they either seeke it them­selues, or practise it by their friends, and exercise it dai­lie, to the great contempt of our Lawes and our Autho­ritie, from whence those disorders, and so frequent mur­ders, which at this present wee will represse, doe arise; Wee haue iudged it necessarie, for the preuenting of more perillous accidents, to permit, as by these presents We permit all and euery person, that shall thinke him­selfe offended by another in his honour and reputation, to complaine to Vs, or to our deare and best beloued cosins, the Constable and Marshals of France, and to demand either of Vs, or them, the Combat; which shall be granted them by Vs, according as We shall thinke it expedient for their honour.

VISuch as are in our Prouinces, may addresse themselues to the Gouernours of them, and in their absence, to our Lieutenants Generall; and in default of them, to the Gouernours or Lieutenants Generall of the Prouinces next adioining, to shew their grieuances to them, and to demand of them the said Combat. Which Gouer­nours or Lieutenants Generall shall decide the said dif­ferences, if it may be done. And if they bee of that na­ture, that they cannot bee ended but by Combat, they [Page 6] shall giue vs notice of it, that they may receiue & cause to be put in execution our commandement thereupon.

VIIThe partie offending shall bee bound to appeare be­fore Vs, or the said Constable and Marshals of France, as before the said Gouernors or Lieutenants Generall in forme aboue said, when hee shall bee called either by Vs or them, when our command or theirs shall haue beene signified either to himselfe in person, or at his house two seuerall times, with the complaint of the par­tie grieued: And the request of the combat which hee shall haue made; whereto if hee be wanting, it shall bee then reiourned for three daies. And not appearing, he shall be suspended for his disobedience from his honor, be made vncapable of bearing any armes, and turned o­uer to the Iudges of our Courts of Parlament, euerie one according to his abode, to be punished as refracta­rie to our ordinances and decrees. Which Courts We enioine to doe their dutie heerein.

VIIIIf one of the said parties haue iust occasion to refuse the foresaid Iudges, to whom they are appointed to present their complaints, hee shall haue recourse to Vs, and We will see to it. But if the causes of such refusall be found light and friuolous, and vnworthy in some sort to be accepted, hee shall be turned ouer with blame to the said Iudges, who shall dispose of it as they think best.

IXHee that shall aske the combat, and bee iudged not receiueable, as hauing taken offense too lightly, and vpon small occasion, shall be sent backe with shame.

XThe Attemptor that shall haue offred wrong vnto a­nother, [Page 7] so as to preiudice his honour, shall be depriued for the space of six yeeres, of all such Charges, Honors, Titles, Offices, Dignities, & Pensions, as he is possessed with, and not be reestablished in them during the said time, nor after, vnlesse hee shall haue asked pardon of Vs, and satisfied the partie in such manner as shall haue beene determined, and withal receiued from Vs new or­ders, and declaration of our will for his reentring into the said Charges.

XIHe that shall haue no Office, Charge, Dignity, or Pen­sion, shall lose the third part of the annuall reuenue of all such goods as he enioieth. Which thirds shall be le­uied by way of preference to all charges, debts, and ob­ligations whatsoeuer, and emploied to such vse as We shall afterwards declare. And hee whose said thirds shall amount to lesse then two hundred pounds, or that shall haue none at all, shall bee kept in prison the space of two whole yeeres, wheresoeuer We shall appoint.

XIIWhosoeuer shall challenge any man the field in the behalfe of another, or certifie the challenge, or bee the bearer of any dishonourable speech, shall for euer bee degraded from his gentrie, depriued of armes, bee kept in perpetuall prison, or be punished with some infa­mous death, according as shall by Vs or by the foresaid Iudges be ordained. Besides, he shall forfet for euer the halfe of his goods, as well mooueable as immooueable.

XIIIHe that esteeming himselfe offended, shall challenge the combat for himselfe, not hauing formerly deman­ded leaue, as is heere enioined him, shall bee depriued from euer being able to make his party good by armes [Page 8] with any man, as likewise from obtaining any satisfacti­on or amends for whatsoeuer iniurie he shall pretend to haue receiued. And if he that shall haue beene challen­ged by him, shall giue Vs, or our foresaid Cosins, the Constable and Marshals of France, or at least the said Gouernours and our Lieutenants Generall, notice ther­of as We appoint thē to do, the Charge, Office, or Pen­sion, which the said challenger enioieth, shall be giuen, as from hencefoorth We ordaine, to the partie chal­lenged, if hee bee a man of qualitie, and fit to hold the said Charges: but if he that is challenged, repaire to the place appointed, or doth any thing tending to this end, without giuing notice as aforesaid, hee shall vndergoe the same punishments with the partie challenging, and We wil then dispose of the Charges, Offices, and Pensi­ons of either partie as shall seeme best vnto Vs.

XIVIf contrarie to the prohibitions expressed in this our present Proclamation, it falleth out, that any fight, and kill another, he that shall haue killed, shall vndergoe the paine of death, declared by all our Ordinances. And till such time as he be apprehended, he shall be depriued of those Charges, Dignities, and Pensions, which are in his possession. Moreouer, the halfe of the reuenue of all his goods shall for ten yeeres space bee imploied to such ends and purposes as We shall ordaine heereafter, without any satisfaction notwithstanding to the heires of the partie that is slaine, because he disobeied this our present Edict. And if both the parties die in the said combat, their bodies shall be depriued of buriall, and the thirds of their goods in fee simple bee emploied to that same end as shall bee said. And if they haue no goods, their children shall bee declared ignobles, and [Page 9] taxable for ten yeers. And in case they were before taxa­ble, shalbe proclaimed to be vnworthy of euer being no­ble, or holding any Charge, Dignity, or Office Royall.

XVSuch as shall haue assisted the said Combattants, if once they haue had weapons in hand, shall lose both life and goods, according to our former Edicts. And if they haue beene but only lookers on, yet went thither to that end and purpose, they shall bee degraded from armes, and for euer be depriued of those Charges, Dignities, & Pensions, which they enioy. And if it hapned by chance that they were there, and neuerthelesse did not indeuour to part the said Combattants, and to hinder them from the deed, they shall be suspended from the performance and possession of the said Charges, Offices, & Pensions for six yeeres, and shall not after the said terme of time be restored vnto them, till such time as they haue asked pardon of Vs, and procured new decrees and orders from Vs.

XVIThose that of themselues shall fight in single combat, shall incurre the paine of death, or perpetuall imprison­ment, with the losse of halfe their goods: and till such time as they be apprehended, shall bee degraded from their Gentrie, and depriued, during their life, of all their goods.

XVIIIf the offenses be committed in places of respect, be­sides the paines and penalties heere aboue mentioned, from which We protest neuer to exempt any man; such as shall commit them, shall bee subiect to the sharpest and seuerest punishment contained in the lawes and or­dinances, as well ancient as moderne, of our kingdome.

XVIIIAll Lawes, how good and holy soeuer, are neuerthe­lesse defectiue, and more hurtfull often times then pro­fitable to the Common-wealth, as likewise not very ho­nourable to the Law-maker, vnlesse they bee obserued & executed in euery point as they ought to be. Hence is it that We expresly inioine & command our said cosins the Constable & Marshals of France, to whom the know­ledge and decision of these contentions, quarrels, and differences that concerne the honor & reputation of our said Subiects, appertaine, that they diligently see to the obseruation of our present Edict, without vsing any mo­deration, or suffring it in any sort to be counterchecked by any fauour or conniuence: Notwithstanding all Let­ters priuate and patent, and all other Commands that may be receiued from Vs, which Wee forbid them to respect, as they desire to be pleasing and obedient heer­in vnto Vs.

XIXWe giue the like Commandement to all other Offi­cers of our Crowne, euen in regard of those that are vn­der their charge; and to the Gouernours or Lieutenants Generall of our said Prouinces, for our Subiects that in­habit in them, who shall repaire vnto them, as is per­mitted and ordained them by this our present Procla­mation: Reseruing to our selues the liberty of adding heereunto by way of augmenting and enlarging the pe­nalties, that which time, the practise and experience of such orders as in it are expressed, shall teach Vs to bee necessarie, That We may cause the libertie and confu­sion abouesaid of these duels and single combats, vtterly to cease in this our kingdome, as things too rashly vn­dertaken, and with presumption on our authoritie; and [Page 11] by this meanes free our said Subiects from the ineuita­ble perils of their soules, as of their bodies and goods, into which they runne headlong continually by such meanes: Which We haue declared, and by these Pre­sents doe declare, to be altogether infamous & shame­full, as repugnant to true honour, as those, to which a passage by these Presents is made them, shall from hencefoorth be both honorable and profitable to them.

XXAnd to the intent it may please God to blesse our present intention, and to direct and prosper it to his glo­ry, and the safety of our said Subiects, We haue vowed, allotted, and appointed all such mony as shall arise from the pecuniary penalties, seisures, perception, and en­ioying of the profits and reuenewes of such as shall in­fringe this our said Edict, to be imploied as well for the nourishing of the poore, and for the erecting of an Hos­pitall Royall, which Wee haue determined to build ex­presly to this end and purpose, as also for the repairing of decaied Churches in this our kingdome, not suffring the said summes of mony to be diuerted from these vses vpon paine of grieuous punishment.

In the meane time We will and command, that the said summes of money bee receiued by the Receiuer of Gods Hospitall in our good City of Paris, who shall di­ligently keepe it till such time as We shall otherwise di­spose of it. Wee also giue commandement to all our trustie friends, the Iudges of our Courts of Parlament, Shiriffes, Bailiffes, and other our Iustices and Officers, to whom it appertaineth, That they cause the contents of these Presents to be read, published, and enregistred, kept, and obserued, and that themselues keepe and ob­serue the same inuiolably, and without infringement: [Page 12] For such is our pleasure. And to the end it may remaine for euer firme and stable, Wee haue signed these Pre­sents with our owne hand, and caused our Seale to bee put thereto, without preiudice either to our own right, or that of other in any thing.

Signed, HENRY.
And a little lower,
BRVLLART.
And on the side,
VISA.
And sealed with greene wax, on labels of red and greene silke.
[Page 13]

Read, published, and registred, at the request of the Kings Atturney Generall, without preiudice to any rights, or obligations of pretended Creditors. And or­dained that Copies compared with the originall shall be sent to the Bayli-wickes, and Counties of that Pro­uince to be read, published, and registred. Enioynd the Substitutes of the Kings Atturney Generall to proceed in the publishing, and to certifie the Court of their di­ligence within the month.

Signed DV-TILLET.

THis required the Kings Atturney Generall, ordained that his Maiesties Edict now read, should bee registred in the Court Rolles, that recourse might be had thereto when need re­quired, and to bee published with sound of trumpet thorow all the streets and corners of this City, where Proclamations are ac­customed to be made, and sent with all diligence, at the charges of the Notarie, to euery particular Court, there to bee likewise read, published, and registred; whereof the Officers shall certifie the Kings Atturney. It is enioined, and We enioine, all persons of what estate and condition soeuer they bee, to obey it, vpon paine as aforesaid.

THis present Proclamation hath beene read and published the Court being assembled, and besides thorow all the streets of this Towne of Poictiers, by me Stenon Renier Sergeant Royall, hauing with mee Peter Pareau Crier, and Trumpetter ordinarie of this City.

Signed
  • Renier and
  • Pareau.

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