econdly, care must be taken that this evil be no more cockered, nor
the humor of it fed; wherein I humbly pray your lordships, that I
may speak my mind freely, and yet be understood aright. The
proceedings of the great and noble commissioners martial I honor and
reverence much, and of them I speak not in any sort. But I say the
compounding of quarrels, which is otherwise in use by private
noblemen and gentlemen, is so punctual, and hath such reference and
respect unto the received conceits, what is beforehand, and what is
behindhand, and I cannot tell what, as without all question it doth,
in a fashion, countenance and authorize this practice of duels as if
it had in it somewhat of right.
Thirdly, I must acknowledge that I learned out of the King's last
proclamation, the most prudent and best applied remedy for this
offense, if it shall please his Majesty to use it, that the wit of
man can devise. This offense, my lords, is grounded upon a false
conceit of honor; and therefore it would be punished in the same
kind, in _eo_ _quis_ _rectissime_ _plectitur_, _in_ _quo_ _peccat_.
The fountain of honor is the King and his aspect, and the access to
his person continueth honor in life, and to be banished from his
presence is one of the greatest eclipses of honor that can be. If
his Majesty shall be pleased that when this court shall censure any
of these offenses in persons of eminent quality, to add this out of
his own power and discipline, that these persons shall be banished
and excluded from his court for certain years, and the courts of his
queen and prince, I think there is no man that hath any good blood
in him will commit an act that shall cast him into that darkness
that he may not behold his sovereign's face.
Lastly, and that which more properly concerneth this court. We see,
my lords, the root of this offense is stubborn; for it despiseth
death, which is the utmost of punishments; and it were a just but a
miserable severity to execute the law without all remission or
mercy, where the case proveth capital. And yet the late severity in
France was more, where by a kind of martial law, established by
ordinance of the King and Parliament, the party that had slain
another was presently had to the gibbet, insomuch as gentlemen of
great quality were hanged, their wounds bleeding, lest a natural
death should prevent the example of justice. But, my lords, the
course which we shall take is of far greater lenity, and
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