prisoner to conviction; and he died the felon’s death, on the 29th of June, 1612, on a gibbet erected in front of the gate of Westminster Hall.

With regard to the public duel, or trial by battle, demanded under the sanction of the law, to terminate a quarrel which the ordinary course of justice could with difficulty decide, Bacon was equally opposed to it, and thought that in no case should it be granted. He suggested that there should be declared a constant and settled resolution in the state to abolish it altogether; that care should be taken that the evil be no more cockered, nor the humour of it fed, but that all persons found guilty should be rigorously punished by the Star Chamber, and these of eminent quality banished from the court.

In the succeeding reign, when Donald Mackay, the first Lord Reay, accused David Ramsay of treason, in being concerned with the Marquis of Hamilton in a design upon the crown of Scotland, he was challenged by the latter to make good his assertion by single combat.¹⁵ It had been at first the intention of the government to try the case by the common law, but Ramsay thought he would stand a better chance of escape by recurring to the old and almost exploded custom, but which was still the right of every man in appeals of treason. Lord Reay readily accepted the challenge, and both were confined in the Tower until they found security that they would appear on a certain day, appointed by the court, to determine the question. The management of the affair was delegated to the Marischal Court of Westminster, and the Earl of Lindsay was created Lord Constable of England for the purpose. Shortly before the day appointed, Ramsay confessed in substance all that Lord Reay had laid to his charge, upon which Charles I put a stop to the proceedings.

But in England, about this period, sterner disputes arose among men than those mere individual matters which generate duels. The men of the Commonwealth encouraged no practice of the kind, and the subdued aristocracy carried their habits and prejudices elsewhere, and fought their duels at foreign courts. Cromwell’s Parliament, however, — although the evil at that time was not so crying, — published an order, in 1654, for the prevention of duels, and the punishment of all con cerned in them. Charles II, on his restoration, also issued a proclamation upon the subject. In his reign an infamous duel was fought — infamous, not only from its own circumstances, but from the lenity that was shown to the principal offenders.

The worthless Duke of Buckingham, having debauched the Countess of Shrewsbury, was challenged by her husband to mortal combat, in January 1668. Charles II endeavoured to prevent the duel, not from any regard to public morality, but from fear for the life of his favourite. He gave commands to the Duke of Albemarle to confine Buckingham to his house, or take some other measures to prevent him flora fighting. Albemarle neglected the order, thinking that the King himself might prevent the combat by some surer means. The meeting took place at Barn Elms, the injured Shrewsbury being attended by Sir John Talbot, his relative, and Lord Bernard Howard, son of the Earl of Arundel. Buckingham was accompanied by two of his dependants, Captain Holmes and Sir John Jenkins. According to the barbarous custom of the age, not only the principals, but the seconds, engaged each other. Jenkins was pierced to the heart, and left dead upon the field, and Sir John Talbot severely wounded in both arms. Buckingham himself escaping with slight wounds, ran his unfortunate antagonist through the body, and then left the field with the wretched woman, the cause of all the mischief, who, in the dress of a page, awaited the issue of the conflict in a neighbouring wood, holding her paramour’s horse to avoid suspicion. Great influence was exerted to save the guilty parties from punishment, and the master, as base as the favourite, made little difficulty in granting a free pardon to all concerned. In a royal proclamation issued shortly afterwards, Charles II formally pardoned the murderers, but declared his intention never to extend, in future, any mercy to such offenders. It would be hard after this to say who was the most infamous, the King, the favourite, or the courtezan.

In the reign of Queen Anne, repeated complaints were made of the prevalence of duelling. Addison, Swift, Steele, and other writers, employed their powerful pens in reprobation of it. Steele especially, in the Tatler and Guardian, exposed its impiety and absurdity, and endeavoured, both by argument and by ridicule, to bring his countrymen to a right way of thinking.¹⁶ His comedy of The Conscious Lovers contains an admirable exposure of the abuse of the word honour, which led men into an error