Page:Memoirs of Extraordinary Popular Delusions and the Madness of Crowds Vol 2.djvu/302

 ral 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 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 those 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. 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 concerned in them. Charles II., on his restoration, also