Pleas for the recovery of certain manorial rights in the county of Kent, the defendant offered to prove by single combat his right to retain possession. The plaintiff accepted the challenge, and the Court having no power to stay the proceedings, agreed to the champions who were to fight in lieu of the principals. The Queen commanded the parties to compromise; but it being represented to Her Majesty that they were justified by law in the course they were pursuing, she allowed them to proceed. On the day appointed, the Justices of the Common Pleas, and all the council engaged in the cause, appeared as umpires of the combat, at a place in Tothill-fields, where the lists had been prepared. The champions were ready for the encounter, and the plaintiff and defendant were publicly called to come forward and acknowledge them. The defendant answered to his name, and recognised his champion with the due formalities, but the plaintiff did not appear. Without his presence and authority the combat could not take place; and his absence being considered an abandonment of his claim, he was declared to be nonsuited, and barred for ever from renewing his suit before any other tribunal whatever.

The Queen appears to have disapproved personally of this mode of settling a disputed claim, but her judges and legal advisers made no attempt to alter the barbarous law. The practice of private duelling excited more indignation, from its being of every-day occurrence. In the time of James I the English were so infected with the French madness, that Bacon, when he was Attorney-general, lent the aid of his powerful eloquence to effect a reformation of the evil. Informations were exhibited in the Star Chamber against two persons, named Priest and Wright, for being engaged, as principal and second, in a duel, on which occasion he delivered a charge that was so highly approved of by the Lords of the Council, that they ordered it to be printed and circulated over the country, as a thing “very meet and worthy to be remembered and made known unto the world.” He began by considering the nature and greatness of the mischief of duelling. “It troubleth peace — it disfurnisheth war — it bringeth calamity upon private men, peril upon the state, and contempt upon the law. Touching the causes of it,” he observed, “that the first motive of it, no doubt, is a false and erroneous imagination of honour and credit; but then, the seed of this mischief being such, it is nourished by vain discourses and green and unripe conceits. Hereunto may be added, that men have almost lost the true notion and understanding of fortitude and valour. For fortitude distinguisheth of the grounds of quarrel whether they be just; and not only so, but whether they be worthy, and setteth a better price upon men’s lives than to bestow them idly. Nay, it is weakness and disesteem of a man’s self to put a man’s life upon such liedger performances. A man’s life is not to be trifled with: it is to be offered up and sacrificed to honourable services, public merits, good causes, and noble adventures. It is in expense of blood as it is in expense of money. It is no liberality to make a profusion of money upon every vain occasion, neither is it fortitude to make effusion of blood, except the cause of it be worth.”¹⁴

The most remarkable event connected with duelling in this reign was that between Lord Sanquir, a Scotch nobleman, and one Turner, a fencing-master. In a trial of skill between them, his lordship’s eye was accidentally thrust out by the point of Turner’s sword. Turner expressed great regret at the circumstance, and Lord Sanquir bore his loss with as much philosophy as he was master of, and forgave his antagonist. Three years afterwards, Lord Sanquir was at Paris, where he was a constant visitor at the court of Henry IV. One day, in the course of conversation, the affable monarch inquired how he had lost his eye. Sanquir, who prided himself on being the most expert swordsman of the age, blushed as he replied that it was inflicted by the sword of a fencing-master. Henry, forgetting his assumed character of an antiduellist, carelessly, and as a mere matter of course, inquired whether the man lived? Nothing more was said, but the query sank deep into the proud heart of the Scotch baron, who returned shortly afterwards to England, burning for revenge. His first intent was to challenge the fencing-master to single combat, but, on further consideration, he deemed it inconsistent with his dignity to meet him as an equal in fair and open fight. He therefore hired two bravos, who set upon the fencing-master, and murdered him in his own house at Whitefriars. The assassins were taken and executed, and a reward of one thousand pounds offered for the apprehension of their employer. Lord Sanquir concealed himself for several days, and then surrendered to take his trial, in the hope (happily false) that Justice would belie her name, and be lenient to a murderer because he was a nobleman, who, on a false point of honour, had thought fit to take revenge into his own hands. The most powerful intercessions were employed in his favour, but James, to his credit, was deaf to them all. Bacon, in his character of Attorney-general, prosecuted the