130 STAR-CHAMBER DECREE AGAINST DUELS. 



and the like, have been punished in this court ; and 

 cited the precedent in Garnon s case, wherein a crime 

 of a much inferior nature, the suborning and pre 

 paring of witnesses, though they never were deposed, 

 or deposed nothing material, was censured in this 

 court : whereupon he concluded, that for as much 

 as every appointment of the field is in law but a 

 combination of plotting of a murder, howsoever men 

 might gild it ; that therefore it was a case fit for the 

 censure of this court : and therein he vouched a pre 

 cedent in the very point, that in a case between 

 Wharton plaintiff, and Ellekar and Acklam defend 

 ants ; Acklam being a follower of Ellekar, had car 

 ried a challenge unto Wharton ; and although it were 

 by word of mouth, and not by writing, yet it was 

 severely censured by the court ; the decree having 

 words that such challenges do tend to the subversion 

 of government. And therefore his majesty s attorney 

 willed the standers-by to take notice that it was no 

 innovation that he brought in, but a proceeding 

 according to former precedents of the court, although 

 he purposed to follow it more thoroughly than had 

 been done ever heretofore, because the times did 

 more and more require it. Lastly, his majesty s said 

 attorney-general did declare and publish to the court 

 in several articles, his purpose and resolution in 

 what, cases he did intend to prosecute offences of that 

 nature in this court ; that is to say, that if any man 

 shall appoint the field, although the fight be not 

 acted or performed ; if any man shall send any chal 

 lenge in writing or message of challenge ; if any man 



