San Luis Advocate (San Luis, Tex.), Vol. 1, No. 9, Ed. 1, Tuesday, October 27, 1840 Page: 1 of 4
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SAIV LUIS ADVOCATE.
T. ROBINSON & Co.
SAN LUIS TUESDAY OCTOBER 27 1840
VOL. I. NO. 9.
X
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SAN LWSAIVQCATE.
Hams anb muniiD ivkrt tcesdit
BY S. J. DUItXETT
Oa The Orntr f Market and Liberty Street?.
TERMS:-SoBscBim.is Five Dollars a year paya-
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O- ALL JOB WORK MUST BE PAID FOR
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THE SONG OF TUT. GRWE DIGGER.
IT rlURLrjl DANCE.
Poor mortals imagine thev stand on the ground
Supported by all that is solid and sound:
Tis a plank End beneath it my work to be fonnd
I gather them in
I gather them in.
The child strong and healthy careers on the hearth
Not thinking not caring scarce knowing of death;
In an instant he draws his last innocent breath:
. . . I gather him in
" - " 1 gather him in.
The yonth in the vortex of folly and crime
Advised to repent answets "Not in my prime;"
Be icould if be knew he had run out his time:
I gather him in
1 gather him in.
Says Fifty " Poor Sixty is breaking apace
He mo t long for the health that he sees in my face ; "
Self-deceiver ! he dreams not he V first in the race:
I gather him in
I gather him iu.
u Huzza" says the Dotard " I'm turn'd ol four-score
And now I shall live to a hundred or more ; "
At night-fall his coffin is brought to the door:
I gather htm in
I g.ither him in.
The Drunkard exclaims " fill m) cup to the brim
In water life sink- but in brandy 'twill swim;"
He dies as he speaks and I make sure of Aim .
r I either him in"
I gather him in.
The i ich man oVerves his poor neighbor look old
Aud hags himself on his resources in gold;
A lacqttey all lace says " a knell must be tolled."
I gjiher him in
I gather him in.
Fen while he was speaking the moralist elf
Was digging unthinkinc a pit for himself;
His spade and his nuttock are laid on the shelf:
They've gathered him in
They've gathered him in.
PROGRESS Ol" DUELLING IN ENGLAND.
" Ohon ! it's an ill fight whar he that wins has the
wart oV
Edit Ochiltree in the Antiquary. Scott.
The duel is a peculi nty of modern times
and of the northern nation's of Europe. One of
the earliest constitutional usages of the 5er-
m.ms was the custom fur particular families to
wae war with one another fm the expiation
or satisfaction of affronts or injuries Family
feu3s and fa.mly c mb.its het.une universal in
Europe after the irruptions of the barbarians
had destroyed th- Rom in Empire. It is how-
ever funn the records uf France that any sat-
isfactoiy co i.t of the c.iily hisloty ot duel-
ling is. to be collected.
The limits of this licentious abuse of cour-
age was soon prescribed hy the progress of
civilization. Liw iuteifered to check by au-
thorizing ar.d diiec'ing. there sanguinary r suls
of qnairels .mil disputes. Hence arose the jn
dicial v form of "trial by battle." sin ' new spe
cies of jurisprudence which may nt impr.-p-J
erlv be called "the tights of the sword " This
mode of deciding civil contests and private dm
putes could not be (aimed as a mere matter of
couise; it was only when the affair wore a
doubtful complexion that the contending par-
ties were allowed to proceed to trial by battle
Along with other continental customs. Wil-
liam the Conqueror introduced the trial hy bat-
tle i.:to England; hut. like other foreign usage.
it was modified by the peculiar genius of the
"people and was only used in three cases- in
the decision of causes in the courts martial or
courts of chivalry; in appeals of felony; and
in civil cases upon issue joined in a writ ot
tijht in which last it was until the reign of
Henry II.. the onty mode oT decision.
From the institution and ordinances relating
to trial by battle. Montesquieu deduces the
modern point of honor: but Us origin is per-
haps to be sought for in the history ol chival-
ry and its result knight errantry Certain it
it that while chivalry did much to soften the
manners of the ages in which t was p-adised.
fcy teaching mankind to carry the civilities; of
peace into the operations or war and to mingle
politeness with Ihe use of the sword and by
prodnring exploits w'.ich have been the admi-
ration of succeeding times invigorated the hu-
anan character it as certainly gave birth to an
ever punctilious refinement and sowed the first
seeds of that fantastic honor the bitterness of
rnose fruits is still being reaped in the mod-
em duel.
The law of duelling was in France as well
as in most other kinjjdomsof Europe a part
of civil jurisprudence of the countiy. Under
tb favor of royalty and the sanction of the
laws it became a favorite mode of settling
quarrels. It is no subject of wonder that its
prngrrsK was most rapid and its results most
disastrous. The well known saying of- Fran-
cis L that "the lie was never to be borne with-
out satisfaction bit by a base-born fellow"
gave a fatal impetus to the pugnacity of his
uojects; awl his challenge to his r'val. Charles
V an example which his nobles fierce in
jheir ceraxe and punctilious in theirmanners.
vara bat too eager ta follow: From bis reign
the increase f single combat was astonishing.
Tie causes of afrMt iacreiftd in proportion
and an unguarded word a haughty look or a
disdainful earring were often productive of the
most fatal consequences. The laws of honor
were defined codified and studied with a nice
accuiacv which surpassed even the refine-
ments of special pleading; There wore said to
he thirty-two species of lies whose degrees of
satisfaction were respectively determined.
In 1547 the last Fiench judicial duel was
fought hv the Count fuy Chnbot and the
Count of Chaterguerai. in ihe presence if Hen-
ry II . and his court. The Count of Chater-
guerai was mortally wounded; his death affect-
ed the monarch in much that he solemnly vow-
ed not to permit another duel. To such a for-
midable height had this bloody practice risen iu
France during the latter part of the sixteenth
century that Lomenie computed in 1607. how
manv person had been killed in duels .since
the ascension of Henry lVr to the throneand.
vars. 4000. De Chevalier in l.es OWw
Drfnntn. savs. that in ten years.' time thereliw
been "ranted to persons engaged in duelsifjdltrial by battle was claimed in the case uf Thorn
pardons. Urged by the leuionslrnnce ol.lus
faithful minister the great aid good Sully
Henry IV. endeavored by ordinances to re-
pressthe practice; hut. unfortunately his per-
sonal encnui agement was given to duelists.
Siimiilnted by this loyal laxity of conduct the
passion for single combat was not only unabat-
ed hut increased in the following reign of Louis
XIII. Speaking of the mtnners of tin! period
Lu-d Herbet says 'there is scarce one French-
man worth looking on who has not slain his
man in a duel"
This hidious evil penetrated the e ergetio
and profound mind of Cardin.il Richelieu and
he i epressed it by some extraordinary exam-
ples of severity. This conduct caused great
consternation amongst the nobles; and D'Au-
dignier. a gentlem in of the court wrote a tren-
tisre. w hieh he dedicated to the King to prove
that the abolition of the practice of duelling
would be ruinous to the aristocracy. The ex-
treme severity of Richelieu whose motive was
spite to the nohles. defeated his object; and af-
ter is death the practice broke out with great-
er fury than ever.
That which royal edicts and sanguinary pun-
ishments were unable effectually to repress
was effected in the reign of Louis XIV. by a
simple but sincere minister of religion. M.
Olier. the founder of the congregation of St.
Sulpice conceived a plan of supplying the inef-
ficiency of the law by putting honor in opposi-
tion tn'itself. With this view he projected an
association of gentlemen of tried valor who by
writing to which the solemi.ity of an oath was
to be added were to oblige themselves never to
give or accept a cha'lenge . nd never to serve
as seconds in a duel. In this extraordinary
project he engaged the .Marquis de Fenelon. a
nobleman respected for the openness of his dis-
position and the austerity of his principles of
wnomine great v.nnie us.-. .......... .-
.1 . -... 1 ... .. .u. ..!..
11 iv a c.- ...... o .i;7r f..r i!-J
T1 iLVC" TT1 1 Z S
w
&
tunus nephew the Archbishop of Cimhray
.. l.l- t f r I. ......
was indebted for his eduction and early pat-
ronage. The Marquis de Fenelon placed him-
self at the head of the ass-ci itioti; and no one
w..s admitted into it who had not eminetly dis-
tingiiished himself in the service. On the Sun-
day of Pentecost in the year 1651. the mem-
bers assembled in the church of St. Sulpice
and placed in the hands of M. Olier a solemn
instiument. expressing their firm and unaltera-
ble re-olulion never to be principals or seconds
in a duel and to discourage duelling to the ut-
most of their power. The grand Cm 'e w..s
struck with the proceeding "A person." said
he to the Ma quis de Fenelon. "must have the
opinion which I have of your valor not to be
alarmed at seeing you the first to break the ice
on such an occasion ''
Louis XIV. seconded the -iews of the virtu-
ous pastor: he took a solemn oath not to par-
don a duel. and. in the course of his reign pub-
lished several severe laws agaaist duelling;
and. by his will enjoined to the slrirt execution
of them on his grandson and successor as a le-
ligious duty. By the last of these laws lie es-
tablished a court composed jf the Marshals of
France to Ivar and determine a'l ases of
limit r. They were invested with ample powers;
and the severest penalties were inflicted on
those who should give or accept a challenge
or otherwise disobey their decrees Still duel-
ling continued and the ordinance was eluded
hr"h distinct on between duel and rencnnlie:
the latter was supposed to be 1 nprenicditated
a.d was. therefore .hel I not to fall within the
laws against duelling which was supposed to
b- pr-meditated. To prevent this evasion Lou-
is XV. published his ordinance of 1723 which
after confirming the laws of his predecessors
against duels provided that tlrough the rencon-
tre was quite sudden and unpremeditated the
aggressor should be punished with death: but
tins ordinance had little effect At length good
sense c.ttne to the aid of law so that towards
the end of that monarch's reign a duel was no
longer essential to a- character for pergonal
honor and bravery.
Iu England the trial hy battle and legalized
duelling were never carried to the extent to
which they prevailed nor practised with the
crue ties that occurred in France. This may
be assigned to many causes but chiefly per-
haps to the high value which the people ot Eng-
land have from time immemorial set upon hu-
mau life. The famous meeting between the
Dukes of Norfolk and Hereford in the pres-
ence of Richard II.. is well known to every
reader of Shakspeare as well as of English
history; but -.he following preparation for com-
bat which happened in the preceeding rfign of
Edward III. when "a romantic nation was
headed by a romantic prince" and chivalry had
reached its height and glory in this country is
not perhaps so well known though more sin-
gular and curious. It was not between men of
the sword or on account of menacing or re-
proachful l.ingungebut between William Mon-
tactile. Earl of SanVbury and Robert. Bishop
of Salisbury . for the right or the castle of Sa-
rum. The Bishop had laid claim to it and the
Earl declared himself ready to defend his pos-
session by the duel to whicm the Bishop con-
sented. 4On the day appointed the Bishop
hroug" t to the lists his champion clothed in
white garment reaching down to the knee over
which he wore a short cassock adorned with
the episcopal "arms ; and esquire and a pag-
were attendants on the champion bearing a
staff and a shield. The Earl also led hischam-
pion by the hand into the lists accompanied by
two attendant esquires bearing white staffs.
During Ihe ceremonials of examining the arms
on either side an order arrived from the Kinc
for deferring the decision of the suit lest the
royal interest should be concerned in it; and
duringthe intervening time the matter was ad-
justed between the parties.
From the commencement of the wars of the
Roses the trial by battle gradually fell into dis-
use. One of the latest instances of it occuried
in the reign of Elizabeth in the year 1571. Sir
Henry Spelman who was nn eve witness of
what took pi ce gives an account of the pro-
ceedings which were conducted he says "non
sine magna jiiris-consultnrum perturbntione."
A suit having been instituted for recoverv of
manorial rights in Kent the -defendant offered
to maintain his right by the dt:el. 'J he plaintiff
accepted the challenge champions were ap-
pointed and the requisite forms adjusted. On
the day appointed the judges attended hy the
counsel of ihe parties repaired to the lists in
Tnthill Fields as umpires of the combat; but
as the plaintiff did not appear to acknowledge
his champion he was nonsuited.
Another instance occurred in the Court of
Aiirrry. in itdi; one was also demanded m
Ind'Alatine of Durham in I63S In 1818 the
ton v. Ahford in an appeal of murder which
led to its abolition.
Although the duel as a judicial proceeding.
fell into desuetude the fantastic notions of hon-
or which it gave rise to still prevailed and pri
vate duelling increased rather than diminished
during the reigns of Elizabeth and her succes-
sor. This appears from a spee.-h of Bacon
on an informatio i exhibited in 1615 in the Star
Chamber by himself as Attorney-General
against two persons one of whom had sent
and the other accepted a challenge. In this
harangue Bacon attributes its great frequency
to "the rooted prejudices of the times." and
hopes that "the great will begin to think it time
to leave off the practice when they find it
adopted by b.iiber-surgeons. and butchers."
He also expressed his determination to sup-
press as far as he could the practice.
"I will prosecute" said this great man.- "if
any man appoint the field though no fight takes
place; if any man send a challenge in writing
or message; if any man accept a challenge or
accept being a second; if any man depart the
realm in order to fight; if any man revive a
quarrel against the late proclamation.1' The
Star Chamber Court remarked on titis occa-
sion "that there was th; most matcriil differ-
ence between a judicial comb.it and a private
duel and that they should ever set their faces
against the latter." They fined the delinquents
500 each and enjoined them openly to ac-
knowledge the hcinousness of their offence at
the publi assizes.
Th it Lord Bacon felt strongly on this sub
ject may be gathered from a letter addressed
113- him to Lord Villers. in which he professed
that in Ids prosecutions against duelists "lie
should not know .1 coronet from a hat-band."
Whether the pacific wishes of James stirred up
his crunsellnr to action or the wisdom of Ba
con urged his master to leMr.iin a practice
... ;..; s .. frirf - ' r
allke "'junotis to ttie welfare o his people and
"e repose of his court is now a' matter of
I51"'1' ltTlmnt?o.! ;4.; .uiri.irn. I.. Ln..ut
the "British Solomon1' was an enemy to what
one of his proclamations on the subject calls
'the bewitching duel;" but his menaces against
the practice ended for the most part in the
emptiness of words. Front the autobiography
or the wise and gallant Lord Horb-Mt of Cher-
bury we may gather the feelings of lb" age on
points of honor and the usages of the duel
Old Montaigiis
in one of his essaj-s says.
"when 1
w.is young gentlemen avoided the
reputation of being good fencers as injurious '
to them and learned with all imngi-iahle privn-
cy to fence as a trade of subtlety cleingating
from true and natural courage." The pliiln-
snjihi-muralute died in 1539; the customs of his
youth must have changed. Instruction in the
art of duelling was an important feature in the 1
education of youth in the reign of James I.
Lmd Heibert has left us a full description of
the iiistruc tion he reci ived in this department
of bis education.
The numeious duels in which this gallant no-
bleman was in the course of a busy and roman-
tic life engaged are told bj- him with a graphic
pen and a chivalrius tone. The ciicumstan-
ces attending his first challenge are character-
istic and amusing. During hs fust visit to
France he was the guest at the Castle of Mer
lo.t for:; few weeks of the Duchess of Venta-
detir daughter of Hemy de Mnntmmency
Gra :d Constable of France. "It happened"
to use-his own words "that a daughter of the
Dutchc-s of about ten or eleven years of age.
going one evening from the castle to walk in
the meadows myself with divers French gen
tlemcii attended her.nnd some gentlwomen . ho
weie with her; this young lady wearing a knot
of riband on her head a French cavalier took
it suddenly and fastene.l it to his hath ir.d. The
young lady offended herewith demands her ri-
hand. hut he refusing to restore it the young la-
dy addressing herself to me said 'Monsier. I
pray get my riband from that gentleman.'
Hereupon going towards him I couiteously.
with my hat in my hand desired him to do me
the honor that I may deliver the lady her riband
or bouquet again but he roughly answering me.
'dnyou think I will give it to you when I have
refused it to her?' I icplied.'Nay ! then. Sir. I
will make you restore it by force;' whereupon
also putting on my hat and reaching at his he
to save himself ran away and .after a long
course in the meadow finding that I had almost
overtook him. he turnrd short and running lo
the young lady was about to put the riband on
her hand whrn I siezed upon his arm and said
to the young lady it was I that gave it. 'Par-
don me' quoth she 'it is he that gives it to me.'
I said 'then. Madam I will not contradict you"
hut if he daresay that I did not constrain him
to give it I will fight with him.' The French
gen:lemnn answeard nothing ihereunto for the
present and so conducted the young lady again
to the castle; The next day I desired Mr. Au-
relian Townsend to. fll the French cavalier
that he either must confess that I constrained
him to restore the riband or fight with me; but
that gentleman seeing him unwilling to accept
this challenge went out from the place wheie-
upon I following him. some of the gentlemen
belonging tothe Constable taking notice here-
of acquainted him therewith who sending for
the cavalier checked him well for his sauci.
ness in taking the riband away from his grand
child and afterwards bi ' him depart his house;
and this was all I ever heard of the gentlem in
with whom I proceeded in that manner because
I thought myself obliged thereunto by the oath
taken when I was made a Knight of the Bath."
The peace of the early part of the reign of
James I. was much disturbed by duels and in
them many valuable lives were sacrificed. The
death of Sir Hatton Cheek in one of these en-
counters was much lamented. This able and
gallant soldier was the second in command of
the English forces at the -siege of Jult'ers in
iOOO. when a few hasty words addressed bv
him to Sir Thomas Dulton. an inferior officer
induced that person to throw up his commis-
sion and hasten to England. Duttnn. in re
. venge attempted to defame Cheek in his nb
senca; the latter demanded a meeting nn Calais
Sanns "on which dreadful stage'1 says Wil.
son in his history ''at first meeting Duttnn be-
gan to expostulate his injuries as if a tongue
combat might decide the contrnveisy; but Cheek
would dispute it otherwise. Then their sec-
onds searching and stripping them to their shirts
in a cold morning they ran with that fury on
each other's sword as if they did not mean to
kill eaqh other but strove who should first die.
Their weapons were a rapier and dagger fit
banquet for death. At the first course Cheek
ran Dnlton into flip nprU- with his ranir. and
stabbed him backward in the neck with hiifdflg-
gfir. .miraculously missing lii.whidpp;-anh'
at me same instant like one motion. U'ltton ran
Cheek through the hdv. and st ihher! himinto
the hack with his left hand: Cheek's wounds
were deadly which he finding grew the vio-
lenter against hi. enemy; and Duttnn. seeing
him begin to stagger went hack from his fur-
only defending himself till the other's rage
weakened with the loss of blood without anv
more hint fell at his feet." Duttnn with ditli-
cully recovered his wounds and Cheek's life
w.i I st to his country.
.1 1 nes's severity in punishing Lord Sanquir.
for the death of a fencing master w.is caused
earily hy the frequency of the bloody qtinnels
hi tveen his com tiers and hv a determination
to restrain the ex-esses of his Scotch follow-
ers whose conduct gave rise to many disor-
der. Ramsay one of the King's servants hail
the audacity c hoise-whip the Earl of Mont-
gomery the first royal favorite; and Maxwell
another of his dependants in a quarrel with
one Haw-ley a student in the Temple bit off his
antagonist's ear. Thi latter mode of revenge
so enraged the young Templars (a riotous and
tumultuous body) that they made it a matter
of general interest and a national quarrel was
only avoided by the royal interference. An in-
human and revengeful duel between Lord
Brui-e and Sir Edw-.ud Sackville. afterwards
Earl of Dorset in which the former fell and
the subsequent promotion to high offices and
honors of the murderer brought odium on the
court; and the deaths of Sir James Stuart and
Sir George Wharton in nn affair "for little
worthless punctilios of honor" disgusted all
thinking men at the extent to which this prac
tice was carried. Hence the origin of Lord
Bacon's prosecutions and the cau&e of Lord
Sanquii's execution.
This nobleman who prided himself on his
skill in the Use of the sword in an assault with
one Turner a fencing-master had the misfor-
tune to have one of his eyes thrust out by his
antagonist Turner greatly regretted the ac-
cident and Lord S.mnuir from a const ious-
ness of an intention to have taken unfair ad van-
tage of him aflected 0 make litl.e of the mat-
ll.-.lt. .;!. f..ur: l.fl.M- I.rJ. isill.nilll- visited.
the couit of Henrv IV. of Fiance. That great
monarch whose courtesy to stangers was the
theme of admiration of the day entertaining
discnurse with him inquired how he lost his
eye L'ud Sanquir embarinssed at the ques-
tion hesitatingly replied "by a sword " Hen-
ry in the full spirit of Iris character simply said
"does the man live?" Here the conversation
dropped; hut it sunk deep into the feelings of
the bentch Baron.
He hastened to England
and disdaining to .sacrifice his victim by his own
hand hired two h-.ivn. who murdered Turner
in his own house in Wliit.'frinrs. The anger
of James was io'ied by the atrocious action;
the assassins were t dcen. and a 1000 pounds'
reward offered for the appiehension of Lord
Sanquir He trusting for meiev to the known
partially of his Sovereign for his countrymen
and having a powerful mediator in th" Aieli-
bishop nT.C.inteihury. surrendered himself All
intercessions with James were unavailing; Ba-
c.ni was ordered to prosecute; and Loid San-
quir and his hireli gs were convicted. The
Baron had not even the honor of a noble death;
he was hung on the 29th of June 1612. on a
gihhit elected in front of the great g.iteof West-
minster Hall. Lord Cocke s-iys that he -'wis
a man of great coinage and wit. endowed with
manv excellent gifts as well natural as acqui-
red ''
In no peiio.l 01 English history not even ex-
cepting the times succeeding the Restoiation
did immorality and dehaucheiy inoie piev.iil
amongst courtiers a '. tl'e higher classes "ban
dm ing this reign. The monstrous crimes of
the favorite Somerset and his wife the dis. rnc-
ful practices of Bacon the leal minder of Ra-
leigh and the unsocial vagaries of Coke al-
though the mo t potent were not the most no-
cuous evils of the age. C01 ruption was not
merely confined to the stronger sex; women
of condition sacrificed at its shrine and too fre-
quently chastity was the offering to the idol
Ciiines. supposed to be practised seldom even
amongst the most degraded were openly charg-
d against the wises and the most poweiful
"Young gentlewomen'' savs a write- who
knew the times well ''(whom their parents
deb uieheii s drive to necessities) make their
beauties their fortune co ing to Loudon to put
them to sale.'1 Men not only traduced ladies'
fame hut at the same time their own innocence.
" I would rather be thought to enjoy such n la-
dy though I never did. than really to enjoy
her and nobody know it" because an npoph
thegm with young men of fashion.
Gondemar the Spanish Ambassador and
Buckingham were Ihe evil spirits of the age.
The former not only brought to degradation
the public policy of Engl-ind but inflicted a
Listing injury on the morally of her people.
No stubborn piece of either sex stood in Gun-
demar's way but he had an engine to remove
them or screw them up to him. None that
'complied with him but found the effects of his
friendship!" This wily old statesman well
knowing the seldom failing influence of women
was remarkable for the assiduity of his atten-
tions to them. His purse and his courtesy
were ever at their service. " He lived at Ely
Hiiuse in Holborn. his passage to the court
was ordinarily through Drury Line (the Coy-
ent Garden being then an inclosed field) and
th it lane and the Strand were places where
most of the gentry lived ; and the ladies as he
went knowing his times would not be wanting
to appear in their balcenies and their windows
to present him their civili ies. He would.watch
for it: as he was carried In hislitte;r. nrbottou -less
chair (the easiest seat for his fistula.) he
would strain himself as much as an old man
could to the humblest posture of respect One
day passing by the Lady Jacob's house in
Drury Lane she exposed herself for a saluta-
tion: he was not wanting to her1 but she moved
unthing hut her mouth gaping wi e open upon
him. He wondered at the lady's incivility but
thought it might be happily a yawning fit tool.
her at that time ; for trial whereof the next nn)
he finds her in the same place: his courtesies
ere again accosted iih no heller expressions
thanrfn extended mouth. Whereupon he sen
a gentleman to her to let her know that the In-
dies of England were more gracious to him.
than lo encounter h'13 respect with sui h nffn.nf.s.
She answered 't was true that he had pur-
c hued somevif their favors at n dear rate and
she had a mouth to he stnpt as well as others!'
Gondeniar finding ihe cause of the emotion of
outh sent her a present as an antidote.
ciircu neroi mat aiotemper."
Hiimorahties and debaucheries of Buck-
are notorious to every reader of histo-
the least profligate of his crimes was
Vlwfr
iiosiuiiti: which ico. 10 nts marriage.
of Rutland had an onlv daughter to
inhenftlts great frit-nine; this young lady Buck-
ingh-frrt'Seduced to his lodgings in Whitehall
and after. keeping her theie some days return-
oil her ngaii to her father. The stout old Earl
was not however a man In be insulted with im-J
punity. even by royalty itself. He therefore
intimated to the favorite '-that he had too much
of a gentleman to sulT.T such an wdigni'y. and
if he did not marry his daughter to repair his
honor no greatness should protect him from
his justice." Buckingham was prudent and
made her his wife. Whether this was a mere
design to procuie the wealthiest h-iress in the
uin
Ins
iom. or ica'i'ted from the prosecution of
passions will n-.t lessen the offence.
Ciowds f B u !c gl-nm
icl.itinns anddepen-
dants sw.nm .1 in the court and "it was no
her nl
whit
ym
r-v;'j
1 1 ifiTMl
smnll sap w-imiIiI maintain all those stickers.'' j ed one another at. d H B. so much th.-.t it is
A!I officers of t! e couit pui chased his favor feared he wil! 1.1V and finding himself severely
by pensions and learned divines sees hy l-oge wounded hecallru Tom Port r and kissed him
gratuities. B-icon to his etern-'l disgi ace pio- aiibnde him shift for himself; -for.' says he.
pitiuted the favorite by an annuity. Countless ' 'Tom. thou hast hurt me; but I will make shift
acts of opptcssicn wee practised by him and los'.ml on my legs till thou myst withdraw
not a few ol i i'ib'ry. Sir Henry Montague and the world not take notice of thee for I
L'tJ Chief-Jus'ice gaie liO.OOO pounds for the ! would not have thee troubled for what tl.ou
office of L"id Tiensurer. Befoie he had vn- Ivistdnre" And so whether he did fly or not
joyed its emoluments twelve months he was I cannot tell; but Tons Porter showed II Bel-
deprived of it. and saw it conferied on Sir Lio- lasps that he was won" Jed too and thev arc
nel Cranfield originally a city apprentice and
afterwards Earl of Middlesex who h-id marri-
ed one of Buckingham's relatives. The wits of
the day. leniaiked. "dial the Lord Chief Jus
tice for his moia-v
v was made a precedent?
Subsequent events showed how unworthy Mid-
dlesex whom one of James's c'eanlaius in a
sermon before royalty called "a tit treasurer (uel was rmighi at Covn: Onrd'n -
for ihe devil" was fortius high ollice. In 16-21 TJmloubt'dly the most notorious duel ilia! nc-
lie was impeached hy the Common's for bribe-j run ed in Chailes's icign. both on account of
ry and extoi tions. and convicted by his peers ther'nk of the pnrti'-s. its deadly result as
During the reign of Charles I. the minds of ' well as tie worthless infatuation of its cause
men were too much occupied with the agitating was that fought in January 1667-S. between the
events of the times to pay much at'entlnnto 'lie Dnrl ol Shu wshurj ard ll. Duke of Barking-
settlement of points of etiquette: and the prac- ham. and their seconds. Buckingham had de
lite of duelling abated. The civil war betw en hunched L.idy Shiew.sburj.the daughter to the
the louinionnlty and the regil and anstocriitic Earl of Cardigan and was challenged by her
power was not of a nature to im. ease the rage. husband. The King who heard of the mter.d-
Had it been a struggle between two powerful ed meeting endeavored to piotect his favorite.
fu'donsaLaoiL' lr nnd.jiejilry. piiv.ate fejids!y romm i"a Hie Duke of A (hernial le to
would doubtless have abounded. As it was I confine II ukingh.tm to hi house or t. take
the Uoyalists had too impnitant an inteie.st in f security (ii.it he should r...: light. Albemarle
the contest to endanger their chance of sue- nr-zleeted the roval commands: lie trusted to
cess by intestine quart eds and too great a con-
tempt for their sturdy opponents. t have set-
tled points uf honor with antagonists of such
ignoble bilth and of thcii strange pra. tiees.
The few years of quiet however which Ciom-
w ell's government produced to Ling land reviv
1
ed the practice and in 165-1 he published an or
dinance against '"challenges duels ar.d all pro
vocations thereto."
At the Restoration the chavaliers hr.-ught
from their exile all the French partiality lor
the du' 1. an ! exe-cisi d those arms which they
now woic again in common in rll the licen-
tiousness of the pi iv.ite cot; bat. dial Ies soon
saw the inconveniences of the practice and is-
sutd a proclamation that the laws should he put
in force against duelists: but the laxity of bis
conduct in pardoning offenders took away Ihe
lerroiofhisthie.it. The memoirs of the pen-
od teem with accounts of duels.
An encounter took place in 1662 between
Mr.Jeimyn nephewto the Earl of St Aldan's
and afterwaids himself Lord Jennyn. and Col
Giles Rawlyn on the one side and Captain
Thomas Howard brother to L r.l Cm lisle and
a friend nn the other. Mr Jeimyn was se-
verely wounded and his second killed. They
fought in the old Pall-Mall. St. James's. Mr.
Jennyn the challenged parly was entirely ig-
norant of the cause of nfience. nor could he
induce his antagonist to inform him. Captain
Howard was s pposed to have worn aimour
underneath Irs dress. Horses weie pi epa red
forthe successful parties to escape on of which
Howard and his friend took advantage.
The fashion of duelling became universal: the
most trivial causes gavetise to a meeting; the
most elevated in rank weie liable to be called
out. The recoids of Pailiament bear witnnss
to a demand for satisfaction matle to Lord
Chancellor Claiendon hy Lord 0ny the
gallant son of tin Pake of Oimonii. tor words
spoken in the House of Louis on the debate
of a bill for prohibiting the ir.iponation of lush
cattle into England. The dignified Clwnc-'ir.r
brought the message befoie the House: this
bill was also the cause of another message
."iom Lord Ossory. The debates on this meas-
ure contains a few glances of those principles
of political eeonon v. the development of which
was icsevved fcr the nineteenth century. It
was supported as necessary to protect English
agriculture; "the infatuated Inndlorls." as
Ralph calls its promoters were de if to the Te-
gument that the Irish when deprived of a mar
ket for their chief produce could not pmchase
Engli-h goods; and so far did party violence
go that the mi 01 1 irioti was styled in the pie-
amble 'a public iiuis.nice.'' "The bill was
most distasteful to the King and vehemently
opposed in the House of Lords. Its chnmpi
ons were Buckingham Ashley and Laudei-
dale. Buckingham
" Every ihiug hv s"arts rnd nothing long;
Who in t!ie e r-of line revolving m.'un
Was chemUi fid llcr.s- ilesman ntul b-iflbon"
in his assumed character of patriot snppoitcd
it with a great shadow of zeal; and iudu' iig i
once his characteristic insolence and his ha-
tred of the Duke of Ormond said lh.it .1. one
coulu oppose it who nan not an lusti in' rest
oran Irish intellect. Ossory immedi-.telysent
him 11 challenge which he evaded by affecting
to mistake the. place of meeting and giving
such notice as led to his arrest Buckingham
also quarrelled with ihe Marquis of D-.rr-hcs.
ter respecting a seat in conference on tl h bill-
with the Commons A scuffle took place the
Marquis lost his pet i wig." and the Dus'e a hand-
ful of hair.
The loquacious PePVS notes- dowYi'theVn!"
lowing foolish yet-melancholy aff.iir which he
honestly states is "a kind of emblem of'the
general complexion of tins wind.- king oni at
present." It is under the date of 1667. a d C-
currrd between Sir H BellnseS and Mr. Port-r.
"They two." writes the Sec rruirv of the Ad
miralty. " dined yesterday at Sir R..herf Can's
where it seems people do drink high nil that
come. It happened that these two the great-
est friends in the world were talking logwhet
and Sir H. Bellases talked little louder t .an
ordinary to Tom Ponrr giving him some ad-
vice. Some of the company standing by said
'what are they quarrelling that tliey r'.ik so
hi hi' Sir H. Beflases hearing it said. 'no I
would have you know I never quanrl. but
I strike; take "that as a rule of m'ne?' 'How'
says Tom Porjer 'strike ! I would I could
see the ipen.Jn Englnnd thai durst give ma
a blow?' With tli it Sir H. B-llases did give
him a box on the car. and so they were going
to fight th'i. but were hindeied. And by and
by Tom Porter went out. and meeting Drvd.-n
the pner t.-lffem-'rttt"trb!Kess. ana tiiit be
was resolved to fight Sir H. Bellases presentlv;
x for he knew if he did not. they shnii'dbe fripniis
. to-morrow and then the blow would rest upon
him. and desired Diyden to let him have his boy
to bring him notice which way Sir H B goes
By and by he is informed that Sir H. B.'s coach
; v-as coming so Tom Porter went dr wn out of
the coffee-house where he staved fer the tiding.-
and stopped the coach and bade Sir H. B.come
out. 'Why' says H. B. 'you will not hurt m
coming out will you?' 'No.'says Tom Poitcr.
So out he went and both drew: and H.B lnv.
ing diawn an.! fLing away his scabbard. Tom
Porter asked Inn. '.vliether he was ready?'
The other answering he was they fell to fight;
some of their atci. jintarces by. Thev w unnd-
both ill hut 11 13 to fear of life. And this U
fine example; and H Sellases a parh.-ment
man too. and both of them extraordinary
friends." Bollnses oulv lived a few day: Pe-
ps in noticing his death adds ''it is pretty to
see how the world talk of ;.' em. as a couple of
fools that killed one an tin. (lit' 'lute.
'Ibis
Iine rung ann cnaries uusiri. 10 nun. 10 pre-
vent the meeting. The Duke a"te: de . by two
f his creatures. Cs; tain Hulmee. and Sir J.
' .1 T-. 1 -1 . .. T .
Jenkins and Shrewsbury accompani-d hy Sir
J. Talbot a gentleman of the Privy Chamber
aid Lord Bernard Howard son of the E..r! of
Aiuud.l. iret in a close at Barne Elms Ac-
cniiiing to the fashion of the age the seconds
engaged with ea bother. The combat on all
s !es was desperate and prolonged Buck-
ingham ran Lord Shrewsbury through liie bo-
dy; Sir J. Talbot was severely woueded in both
amis; and Jenkins ielt dead on the field. Buck-
ingham and the other seconds escaped u.th
slight wounds. Lady Shrewsbury i-i the dies-.
f his page hel her pu'aniom's horse in "t
thicket during the coi flict. Pop saj s t'te du-
el was concerted between her and the Duke;
hut how this can bererivct when thi challenge
proceeded ftom Iter husband it is ddlicuit to
say. His statement that Buckingham on the
night after the (iu 1. slept with Lady Shtewsbu-
1 )-in the shirt discolored with blood from the
wound he had rece ctl. i fiom the deprnvity
of both more hkely to he true Tin in!e: st of
Lailv Catlemaiiie alone pesrved the continu-
ance of royal favor to the Duke. Chat Ies. by
proclamation pardoned all concerned in :h.:
death of Jenkins; but states in this infamous
document his determination not to extend mer-
cy to oflenders i.t future.
Buckingham took Lady Shewsburv to his
own house to reside with him: his Duchess
loudly protested against the indecency amide-
cl.ned it was not for her and his mistress to live
together. " Why so I have been thlt.kmg.
Madam and therefore have ordered your coach
to cany ynu to your fathei's" was the wi etch's
mhuman reply. Lady Shrewsbury and Buck-
ingham for many years after. lived together in
open adultery principally a: Clifden. 11 innii.u-
tic residence of the Duke's whiih Evelyn has
beautifully described and in connection with
v.hi.h Pole's lines have given immortality to
then gi'il'v passion
'-Cliiuon's proud alcove.
The bj'.vcr of u-antu.i Shrewsbury and love."
After the death o." the Earl of Shrewsbury
the Gouiitcss D nvnger and tjie Duke dissipa-
ted the estates of I' e yol-ng Earl. The subject
was brought. :n 1G74 before ths House of
Louis: "ind an award was iv i'e that "the
I Duke shot. Id not conveisf or cn'wrn' .:ih thu
1 Countess jn future and that e.ch s; oi.id enter
into security to the ICing's Maj-st- in the sum
' of 10000. a-piece for that puipose."
Buckingham in h's attempts to cnns-nlidat
his power in "the King's cab I !' weeded all
of whose fidelity be was .suspicious out tf ihe
d'ffereut depa'tmtits of the administration.
c.- retai v Mo.--.c v as ex hangrd foi Sir John
t vor
e a
: ph.i .
ong st
lo
ar.d
:! the Tuke of Ormond
le. srnendered the govcrn-
S.r William Li vr tiv. a
ment of Ireland.
Commissioner of the T.easm v; a man of si
e-
rior inform it nn and abiiit es whom the King
from his habit of j.dic'irg evil styhd "the
vision.. ry" was pi. vok.v 10 furnish n decent
excuse for his in..: ilsmissnl. Bijefcirglnm
induced SirRoheit Howard the cv j"tor anil
relative of Pit den. to write a farce for the pur-
pose rf ri !icui'r.gh:ni on the stage. Covenuv
sent the pukr a thallenve; Holmes his crea-
tuie hastened to the King with the information:
the matter was- brought by Charles befoie the
Council; the ch.t".-rger v as deprived ofjiis.
office and sent to the T r .JI""hes!er. in
his "Farcwell.i.aUurfcsTo'Bi.ckiP'jh.tni's con-
dut ;-- "
''H-id'st iVnt no fnend thi! woi.ld to How lev viite
To hir.'Jc- this ihv eagerness to fight ;" " .
It would be tedious :o relate the almost in-
m
m
i
4 " -
- .-
. "rJ"tw
'JL .. ."!--.
T-r-r"V
"-..PrL.
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Durnett, S. J. San Luis Advocate (San Luis, Tex.), Vol. 1, No. 9, Ed. 1, Tuesday, October 27, 1840, newspaper, October 27, 1840; San Luis, Texas. (https://texashistory.unt.edu/ark:/67531/metapth79936/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.