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LONDON MAGAZINE.

JUNE, 1751.

From the Westminster Journal, June 22. A Remonftrance against the perni cious Practice of DUELLING.

S

HOOTING at butts,
tilts, tournaments, and
barriers, were the true A
images of martial com-
bats, and the noble

exercises of our ancestors, where the publick honour of a nation, a family, or a caufe, was openly vindicated, and valiantly defended. But this honourable pro feffion of military prowess is now degenerated more into an appearance of cowardice, than a manifeftation of courage; duelling, refpecting only a private end, is repugnant to the laws of justice, prompts men only to their mutual deftruction, and is every way productive of the most mischievous effects. When the three Horatii combated the three Curiatii; when the 300 Argians oppofed the like number of Lacedemonians; and when the duke of Orleans challenged Henry of England to fight with 100 against 100; fuch conflicts were founded upon truly laudable motives; glory, and the love of their country, being their predominant, their only incentives: But how great is the difference in the indirect practice of duelling? Is it not rather an action of fear, than of bravery; of precaution, than of courage; of defence, than of enterprize?

Publius Confus, was the first who inftituted the foldier to manage his June, 1751.

arms by dexterity and fkill, joining vate contentions, but for the mainart to virtue; not for the use of pritenance and augmentation of the Roman glory and magnanimity. The Romans had alfo their pugna per provocationem; when any particular perfon, by the confent of his general, challenged one of the enemies to a trial of valour, before the front of both armies, in the open field. Another fort of combat was introduced by the Goths and other naB tions, as a judicial trial of right by the fword; where the combatant obtained the permiffion of his fovereign for this military decifion of juftice, in which she may well be reported blind.

C

But for the custom of duelling, it was never practifed either by the Grecians or Romans; who were not only the most valiant and generous nations of the world, but were also free eftates, under no monarchical fubjection; whereby particular perfons might be the more readily inp duced to take the liberty of avenging their perfonal quarrels; and yet they never had the least appearance of duels: Tho', furely, if fuch a custom contributed any way either to virtue, or honour, these wife, thefe gallant, thefe noble people, would have put it into execution.

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The volatile French, and the intemperate Italians, gave the first fanction to the deftructive practice of duelling; tho' they had it but in toleration, never authorized by the Hh 2

law.

244

Remonftrance against DUELLING.

A

law. However, this practice pro-
duced fuch frequent, and terrible
misfortunes, among the nobility and
gentry of France, that the legislature
were obliged to confult the most effi-
cacious methods for the prevention
of fo encreafing, fo enormous a ma-
lady. Some lenient ordinances were
first iffued for the reftriction of this
fashionable evil, but in vain; the
law was difregarded, and the evil
continued. This occafioned prohi-
bitions of a more exemplary nature;
a kind of martial law was establish- B
ed by ordinance of the king and
parliament, whereby the party that
had flain another, was immediately
conducted to the gibbet, without re-
gard to the diftinétion of quality,
where feveral of the nobility were exe-
cuted, with their bleeding wounds,
left a natural death fhould prevent
the example of justice: And, the
more effectually to abolish this cuf-
tom, Charles IX. of France pub-
lifhed an edi, importing, "That
he took upon him to vindicate the
honour of thofe who declined the D
acceptation of a challenge:" Where-
by the law, and rule of ftate, difin-
zereted every man of a vain and
unneceffary hazard.

June

of his fubjects he was determined to destroy fuch fallacious proceedings and accordingly published a proclamation, wherein he called them bewitching duels. However, this was of little efficacy; private men ftill continued to give law to themfelves, and to redrefs their own injuries, without magifterial affiftance; for the ftatutes were fupplanted by French and Italian pamphlets, in vindication of that cuftom which the other endeavoured to abolish.

But Sir Francis Bacon, then attorney general to K. James I. took this matter more seriously into confideration, with a refolution to profecute all duellers in the ftar-chamber; and, accordingly, on Jan. 26, 1613, he exhibited an information against WilCliam Prieft, Gent. and Rich. Wright, Efq; the one for fending, and the other for delivering a challenge to one Hutcheft; which was heard before Thomas lord Ellefinere, lordchancellor of England; Henry earl of Northampton, lord privy-feal'; Charles earl of Nottingham, lord high admiral of England, &c. When the attorney general opened the information, by reprefenting the greatnefs, and dangerous confequence, of this prefamptuous offence, which extorted revenge out of the magifterial hands, and gave boldness to private men to be lawgivers to themfelves; defcribing alfo the miferable effect accruing from it to private families, by cutting off young men, otherwife of the greateft expectations; but principally the lofs of the king and commonwealth, by the effufion of the best blood, which, being spent in the field upon occafion of fervice, was able to continue the renown, which this kingdom had obtained, in all ages, of being efteemed victorious: Adding, likewife, that it was no fortitude to fhew valour in a quarrel, except upon a just and worthy foundation: But that it was weakness to fet the life of a man at fo inconfiderable a rate, as

E

Duelling, like other fashionable vices, was imported from the French among the English, where it triumplied in the blood of the beft nobility, and erected its gorgon creft to blast the most promifing hopes of the most illuftrious families: In vain remonftrances were made, for subjugating fo abominable, fo unprofitable a cuftom; in vain were they F told, that this offence exprefsly af fronted the law. Heated by intemperance, incited by folly, blinded by a kind of fatanical illufion and apparition of honour, the custom not only continued, but encreafed in England, against religion, against law, against moral virtue, against the precedents and examples of the best times and most respectable nations, James I. regretted the lofs

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1751. DUELS different from the ancient COMBATS. 245

and tournaments, which were but images of martial actions, appeared, by ancient precedents, to be unlawful without licence obtained from the fovereign. The court alfo took notice, that these private duels were of another nature from the combats which had been allowed by the law, as well of this land as of other nations, for the trial of rights and appeals: Because thofe combats derived direction or authority from the law; whereas thefe fprung only from B the unbridled humours of private men. And, as for the pretence of honour, the court, much difliking the confufion of degrees, which was grown of late, every man affuming unto himself the term and attribute of honour, utterly rejected and condemned the opinion, that the private duel, in any perfon whatsoever, had any grounds of honour, as well becaufe nothing could be honourable that was unlawful; and that it was no magnanimity, or greatness of mind, but a fwelling and tumour, where a right and found judgment was defective: As alfo, for that it was rather juftly to be efteemed a weakness, and a confcience of small value in a man to be dejected so with a word, or trifling difgrace, as to think there was no redrefs of it, but by the hazard of life: Whereas true honour, in perfons confcious of their own worth, was not of fuch brittle fubftance, but of a more durable compofition."

to bestow it upon trifling occafions,
which ought to be rather offered up
and facrificed to honourable services,
publick merits, good caufes, and no-
ble adventures. The attorney also,
by many reasons, exonerated the law
of England from certain vain and A
childish exceptions, which were taken
by duellifts: The one, because the
law made no difference in punish-
ment between a foul and infidious
murder, and the killing a man upon
challenge and fair terms, as they
called it: The other, for that the
law had not provided fufficient pu.
nishment, and reparation, for contu-
melious words, as the lie, and the
like; wherein the attorney fhewed,
by many weighty arguments and ex-
amples, that the law of England con-
fented with the law of God, and C
the law of nations, in both those
points; as alfo, that this diftinction
in murder, between foul and fair,
and this grounding of mortal quarrels
upon uncivil and reproachful words,
or the like difgraces, was never au-
thorized by any law, or ancient ex-
amples; but was a late crime crept
in from the vanity of the French,
who had been fo weary of it them-
felves as to be obliged to put it down
with all feverity.-Upon the whole,
the court declared, "That the in-
folency of the times were fuch, as
the ordinary magiftrates and justices,
entrusted with the prefervation of
the peace, were incapable of re-
preffing thefe offences, which were
by the court at large fet forth, to be
not only against the law of God, to
whom, and his fubftitutes, all re-
venge belongs; but also against the
oath and duty of every subject to his
majesty; for that the fubjects swore,
by the ancient law, allegiance of life
and member to the king; whereby it
was plainly inferred, that the fubject
had no difpofing power over himself
of life and member, to be spent and
ventured according to his own paf-
fions and inclinations; infomuch as
the very practice of chivalry in jufts

D

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Such was the opinion of our ancestors, in an age when they could boaft an equal fhare of knowledge with the prefent; tho' then liberty may be reputed inferior: Such was the opinion of a moft judicious affembly; who, tho' they prefided in a court derogatory to the freedom of the conftitution, were men of the G greateft abilities, and most of them of unblemished reputation: And such was the opinion of the great, the learned Sir Francis Bacon, afterwards lord Verulam, vifcount St. Alban's,

and

246

A DESCRIPTION of BERKSHIRE.

and lord chancellor of England; a man not only the glory of his country, but the honour of his fpecies, and the admiration of mankind.

June

parts abound with wood, as does likewife the part fouth from Windfor, commonly called Windfor-Foreft, which is well stocked every I am fenfible, that the reprefenta- where with game, and is one of the tion of any thing against the fashion- largeft in England. The fruitfulleft able error of duelling, will make A part of the county is what lies on little impreffion on the gay, the pothe Thames and Kennet, and in the lite, the very honourable part of our Vale of Whitehorse, fo called from cotemporaries: But it is to be hoped, the figure of a horfe on the fide of that our legiflature have too good an a chalky hill, fuppofed to have been opinion of the judgment and abili- made there in the time of the Saxons, ties of Sir Francis Bacon, than to who had the white horse for their let his obfervations, on fo material B arms. The people have a cuftom, an evil to the conftitution, pass un- about Midfummer, to go and weed noticed and unfcrutinized; at a time the ground, to keep the horse in when the custom cries aleud for re- fhape and colour, and then] end the drefs, and an abfolute prevention day in merriment. (See p. 227 E.) fhould be put to fuch manifest griev- The commodities of this county are wheat, flour, barley, malt, in which C few counties exceed it, oak and other wood, cattle, wild fowl, and cloth, tho' it is not fo remarkable for this laft as formerly, when Reading and Newbury drove the greatest clothing trade in England. The county gives title of earl to a branch of the family of Howard, who are. alfo carls of Suffolk. The parliamentary boroughs are,

ances.

A DESCRIPTION of the County of
BERKS. With a
new and
beautiful MAP of the fame.

B

ERKSHIRE has Surrey on

the Eaft, Hampshire on the fouth, Wiltshire on the west, and D Oxfordshire and Buckinghamshire on the north, from both which it is parted by the Thames, properly called the Ifis till it is joined by the Tame. It is about 40 miles long from east to west, and 25 where broadeft from north to fouth, but E much narrower in fome parts, being greatly indented by Oxfordshire. Its circumference is computed to be about 120 miles, and the number of acres it contains about 527,000. It is divided into 20 hundreds, has 140 parishes, and 12 market-towns, of which four are boroughs that fend members to parliament, the whole county fending nine, of whom the prefent knights of the fhire are Penyfton Powney, and Henry Pye, jun. Efqrs. Berkshire is a very pleafant and fruitful county, and is by fome G reckoned one of the pleasanteft in England. The air is generally fweet and healthful, and the foil fertile both for corn and pafturage. The weft

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1. Windfor, 20 computed, and 24 measured miles W. of London. It belongs to the crown, and is a royal feat, than which none can have a more pleasant fituation. It ftands on a hill, which rises with a gentle afcent, and has an admirable prospect of the river Thames, and the adjacent country. The front overlooks a large valley, chequer'd with cornfields, meadows, and groves, and behind it are many hills covered with woods. Here is a ftately, large, and magnificent castle and royal palace, with the most exquifite paintings, and the richest furniture. On the outfide is a noble terrass-walk, faced with freestone, from whence there is a beautiful profpect of the neighbouring country. Here is alfo St. George's chapel, a ftately Gothick ftructure, where the knights of the garter are initalled, and St. George's

1751. A DESCRIPTION of BERKSHIRE.

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A

hall, one of the fineft rooms in the
world, where they are entertained
after their inftallation. (See an ac-
count at large of this auguft cere-
mony, in our Magazine for 1750,
P. 243) The town confifts of feve-
ral ftreets about the caftle, the chief
of which looks to the fouth, and
has many good houses, and a hand-
fome town-hall. The market is on
Saturdays, and the corporation con-
fifts of a mayor, high fteward, un-
der steward, 10 aldermen, three
benchers or affiftants, two bailiffs, a
town-clerk, and 15 younger bre-
thren. It fends two members to
parliament, who are elected by the
inhabitants at large, thofe in the pre-
fent parliament being lord George
Beauclerk, and Henry Fox, Efq;
There is a fmall palace near the lit- C
tle park, in which Q. Anne greatly
delighted: This park is three miles
round, and has pleafant fhady walks.
Next to this is the great park, 14
miles round, and well ftored with
all forts of game.

247

3. Wallingford, about 11 miles N. W. from Reading, fituate in a fruitful foil on the Thames, over which it has a stately stone bridge. It is a very ancient town, and was a borough in Edward the Confeffor's time. It was utterly deftroyed by the Danes in 1006, but foon after rebuilt, and became very famous, being by fome called city. It had 14 parish churches, and a fine ftrong caftle, which is now entirely demolished. Through various viciffitudes, the B churches were reduced to four, and two of them were deftroyed in the civil wars in K. Charles the Ift's reign, and a third much damaged. It is even at prefent a large, handfome town, populous and well built, and has two markets weekly, viz. on Tuesdays and Fridays. It is governed by a mayor, fix aldermen, &c. and fends two members to parliament, the prefent ones being Jofeph Townshend, and Richard Ton. fon, Efqrs. It has a handsome townhall, where the affizes are fometimes held, and the quarter feffions for the borough, which is a diftinct jurif diction within itself.

2. Reading, about 14 miles W. D of Windfor, 32 computed and 40 measured miles W. from London, is a large, wealthy, and handfome town, formerly much inhabited by clothiers, but its chief trade now is in malt and meal, of which it fends great quantities to London. It is E reckoned the largest and moft confiderable town in the county, and is fituate on the river Kennet, near its confluence with the Thames. It has three fpacious churches, and was formerly famous for its fine abbey. It has a large market on Saturdays, is governed by a mayor, 12 aldermen, &c. and fends two members to parliament, who at prefent are John Conyers, and Richard Neville Aldworth, Efqrs. Formerly parliaments were fometimes held here. Henry I. founded the abbey, where G he and his daughter Maud were in terred. (See a beautiful VIEW of this town, in our Magazine for September, 1749.)

King

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4. Abingdon, or Abington, about fix miles N. W. of Wallingford, ftands on the river Ifis, which is here, tho' improperly, called the Thames, where it is navigable by barges. It is a town of great antiquity, and was at first called Sheovefham, but from a fine abbey or monaftery being built here, it began to be called Abbington, fignifying Abbey-town, which name it ftill retains. It is large, neat, and well built, and may be deemed a fhire town, as much of the publick bufinefs of the county is tranfacted, and the knights of the fhire are conftantly chofen here. It has two churches, viz. St. Helen's and St. Nicholas's, the former by much the largest and most handfome. It is particularly noted for its ftately and magnificent market-house, the finest in England, built of ftone, of curious workmanship, and fupported by

Lofty

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