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reparation to a portion of those who have | reproach by circumspection in speech, by a manly defence, where it is possible, and, where it is not, by a manly apology, would be a mighty aid for the extirpation of this practice.

been most injured, and as preserving the offender, that he may have all those opportunities, which his natural life will afford him, of improving himself and of benefiting others.

A mild and judicious legislation would tend to guide and improve public opinion; whereas such a legislation as the present tends only to confirm it in its evil ways.

And as legislation may and should assist the formation of a right public opinion, so is it possible and desirable to operate independently on public opinion, either that the absence of good legislation may, as far as is possible, be compensated for, or that good legislation may be assisted. This operation on public opinion must be brought about by the endeavours of individuals. It is the duty of each man to oppose this practice to the utmost extent of his power, both by precept and example, to abstain from challenging when he has received an affront, and to refuse a challenge when he is considered to have given one, making public in both eases, so far as his situation allows, his reasons for the course which he takes, and thus producing an impression against the practice as widely as he can. In the second of these two cases, he must either be able to defend, or he must apologize for, that which was considered an affront. If he can defend it, or show that the evil to the person insulted was overbalanced by the good accruing to others, he refuses rightly to be fired at for having been the author of a benefit; or, if unable to defend the affront, he apologizes for it, he performs a manly and a rational part in refusing to fire at a man whose feelings he has wantonly injured.

This duty is peculiarly incumbent on public men, whose sphere of influence is larger, and whose means of producing good effects by example are therefore greater, than those of others. A public man who should at all times refuse to challenge or to accept a challenge, resting his refusal on the ground of the evil tendency of duelling, not of the infraction of some other duty which an accident has in his case connected with it (as the violation of an oath), and who should at the same time preserve himself from suspicion or

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The following three new articles of war were issued in the course of last year (1844), with a view to the abatement of duelling in the army :

1. Every officer who shall give or send a challenge, or who shall accept any challenge to fight a duel with another officer, or who, being privy to an intention to fight a duel, shall not take active measures to prevent such duel, or who shall upbraid another for refusing or for not giving a challenge, or who shall reject, or advise the rejection, of a reasonable proposition made for the honourable adjustment of a difference, shall be liable, if convicted before a general court-martial, to be cashiered, or suffer such other punishment as the court may award.

2. In the event of an officer being brought to a court-martial for having acted as a second in a duel, if it shall appear that such officer had strenuously exerted himself to effect an adjustment of the difference on terms consistent with the honour of both parties, and shall have failed through the unwillingness of the adverse parties to accept terms of honourable accommodation, then our will and pleasure is, that such officer shall suffer such punishment as the court may award.

3. We hereby declare our approbation of the conduct of all those who, having had the misfortune of giving offence to, or injured or insulted others, shall frankly explain, apologize, or offer redress for the same; or who, having had the misfortune of receiving offence, injury, or insult from another, shall cordially accept frank explanations, apology, or redress for the same; or who, if such explanations, apology, or redress are refused to be made or accepted, shall submit the matter to be dealt with by the commanding officer of the regiment or detachment, fort or garrison; and we accordingly acquit of disgrace, or opinion of disadvantage, all officers and soldiers who, being willing to make or accept such redress, refuse to accept challenges, as they will only have acted as is suitable to the character of

honourable men, and have done their duty as good soldiers, who subject themselves to discipline.

DUKE, the title given to those who are in the highest rank of nobility in England. The order is not older in England than the reign of king Edward III. Previously to that reign those whom we now call the nobility consisted of the barons, a few of whom were earls. Neither baron nor earl was in those days, as now, merely a title of honour; the barons were the great tenants in chief, and the earls important officers. It does not appear that in England there was ever any office or particular trust united with the other titles of nobility, viscount, marquis, and duke. They seem to have been from the beginning merely honorary distinctions. They were introduced into England in imitation of our neighbours on the Continent. Abroad however the titles of duke and marquis had been used to designate persons who had political power, and even independent sovereignty. The czar was duke of Russia or Muscovy. There were the dukes of Saxony, Burgundy, and Aquitaine persons with whom the earls of this country would have ranked, had they been able to maintain as much independence on the king as did the dukes on the continent of the Germanic or Gallic confederacy.

The English word duke is from the French duc, which originally was used to signify "a man of the sword (a soldier) and of merit, who led troops." The remote origin is the Latin dux, a "guide," or a "military commander." The word is used by the Latin writers to signify generally any one who has military command, but sometimes "dux," as an inferior officer, is contrasted with "imperator," commander in chief. Under the Lower Empire, dux was the title of a provincial general, who had a command in the provinces. In the time of Constantine there were thirty-five of these military commanders stationed in different parts of the empire, who were all duces or dukes, because they had military command. Ten of these dukes were also honoured with the title of comtes [COUNT] or counts. (Gibbon, Decline and Fall, &c., cap. 17.)

The German word herzog, which corresponds to our duke, signifies "a leader of an army."

The first person created a duke in England was Edward, Prince of Wales, commonly called the Black Prince. He was created duke of Cornwall in parliament, in 1335, the eleventh year of king Edward III. In 1350, Henry, the king's cousin, was created duke of Lancaster, and when he died, in 1361, his daughter and heir having married John of Gaunt, the king's son, he was created duke of Lancaster, his elder brother Lionel being made at the same time duke of Clarence. The two younger sons of king Edward III. were not admitted to this high dignity in the reign of their father: but in the reign of Richard II. their nephew Edmund was made duke of York and Thomas duke of Gloucester.

The dignity was thus at the beginning kept within the circle of those who were by blood very nearly allied to the king, and we know not whether the creation of the great favourite of king Richard II., Robert Vere, earl of Oxford, duke of Ireland, and marquis of Dublin, is to be regarded as an exception. Whether, properly speaking, an English dignity or an Irish, it had but a short endurance, the earl being so created in 1385 and attainted in 1388.

The persons who were next admitted to this high dignity were of the families of Holland and Mowbray. The former of these was half-brother to king Richard II.; and the latter was the heir of Margaret, the daughter and heir of Thomas de Brotherton, a younger son of king Edward I., which Margaret was created duchess of Norfolk in 1358. This was the beginning of the dignity of duke of Norfolk, which still exists, though there have been several forfeitures and temporary extinctions. Next to them, not to mention sons or brothers of the reigning king, the title was conferred on one of the Beauforts, an illegitimate son of John of Gaunt, who was created by _king Henry V. duke of Exeter. John Beanfort, another of this family, was made duke of Somerset by king Henry VI.

In the reign of Henry VI. the title was granted more widely. There were at

one time ten duchesses in his court. The | mouth. In 1664 he restored to the Howfamilies to whom the dignity was granted ards the title of duke of Norfolk; and in in this reign were the Staffords, Beau- 1665 he created a Cavendish, who had champs, and De la Poles. In 1470, under held a high military command in the the reign of Edward IV., George Nevil civil war, duke of Newcastle. In 1682 was made duke of Bedford, but he was he created the marquis of Worcester soon deprived of the title, and Jasper duke of Beaufort. As for the rest the Tudor was made duke of Bedford by his dignity was granted only to issue of the nephew king Henry VII. in the year of king or to their mothers. The only duke created by king James II. was the duke of Berwick, his natural son.

his accession.

King Henry VIII. created only two dukes, and both were persons nearly connected with himself; one was his own illegitimate son, whom he made duke of Richmond, and the other was Charles Brandon, who had married the French queen, his sister, and who was made by him duke of Suffolk. King Edward VI. created three dukes; his uncle, Edward Seymour, the Protector, duke of Somerset (from whom the present duke of Somerset derives his descent, and, by reversal of an attainder, his dignity), Henry Grey, duke of Suffolk, and John Dudley, duke of Northumberland.

Of the families now existing, beside those who are descended from king Charles II., only the Howards, the Seymours, and the Somersets date their dukedoms from before the Revolution. The existing dukedoms originally given by Charles II. to his sons are Grafton, Richmond, and St. Albans. To the duke of Richmond Charles granted letters patent which entitled him to a tonnage duty on coal. In 1799 this duty was commuted for an annuity of 19,000l. a-year. The duke of Grafton is still paid a pension of 58431. a-year out of the Excise revenue, and Queen Elizabeth found on her accession 34071. out of the Post-office revenue. only one duke, Thomas Howard, duke of The duke of St. Albans is Hereditary Norfolk, attainder or failure of male Grand Falconer of England. Under king issue having extinguished the others. He William and queen Anne several families was an ambitious nobleman, and aspiring which had previously enjoyed the title of to marry the queen of Scotland, Elizabeth earls were advanced to dukedoms, as became jealous of him: he was convicted Paulet duke of Bolton, Talbot duke of of treason, beheaded, and his dignity ex- Shrewsbury, Osborne duke of Leeds, Rustinguished in 1572; and from that time sell duke of Bedford, Cavendish duke of there was no duke in the English peer- Devonshire, Holles duke of Newcastle, age except the sons of king James I., till Churchill duke of Marlborough, Sheffield 1623, when Ludovick Stuart, the king's duke of Buckinghamshire, Manners duke near relative, was made duke of Rich- of Rutland, Montagu duke of Montagu, mond, which honour soon expired. In Douglas duke of Dover, Gray duke of 1627 George Villiers was created duke Kent, Hamilton duke of Brandon; besides of Buckingham, and he and his son were members of the royal family and Marthe only dukes in England till the civil shal Schomberg, who was made an Engwars, when another of the Stuarts was lish peer as duke of Schomberg. This made duke of Richmond, and the king's great accession gave an entirely new chanephew, best known by the name of racter to the dignity. King George I., Prince Rupert, duke of Cumberland. besides the dukedoms in his own family, made Bertie duke of Ancaster, Pierrepoint duke of Kingston, Pelham duke of Newcastle, Bentinck duke of Portland, Wharton duke of Wharton, Brydges duke of Chandos, Campbell duke of Greenwich, Montagu duke of Manchester, Sackville duke of Dorset, and Egerton duke of Bridgewater. George II. created no duke out of his own family, and the only addi

In the first year after the return of Charles II. from exile, he restored the Seymours to their rank of dukes of Somerset, and created Monk, the great instrument of his return, duke of Albemarle. In 1663 he began to introduce his illegitimate issue into the peerage under the title of duke, his son James being made in that year duke of Mon

Europe. By the English it is called earl, a name derived to us from the ealderman of the Anglo-Saxons and the eorle of the Danes. By the French it is called comte, by the Spaniards conde, and by the Germans graf, under which title are in

landgraves or counts of provinces, palsgraves, or counts palatine, markgraves, or counts of marches or frontiers (whence marchio or marquess), burggraves, or counts of cities, counts of the empire, counts of territories, and several others. [COUNT; BARON.]

tion he can be said to have made to this | branch of the peerage was by enlarging the limitation of the Pelham dukedom of Newcastle so as to comprehend the Clintons, by whom the dukedom is now possessed. From 1720 to 1766 there was no creation of an English duke except included several distinct degrees of rankthe royal house. In that year the representative of the ancient house of Percy was made duke of Northumberland, and the title of duke of Montagu, which had become extinct, was revived in the Brudenels, the heirs. The same forbearance to confer this dignity existed during the remainder of the reign, and during the reign of George IV. no dukedom was created out of the royal house, till the eminent services of the duke of Wel- | lington marked him out as deserving the honour of the highest rank which the king has it in his power to confer. His dukedom was created in 1814, forty-seven years after the creation of a duke of Northumberland. The marquis of Buckingham was advanced to the rank of duke of Buckingham and Chandos in 1822, so that for a hundred years, namely from 1720 to 1822, only four families were admitted to this honour.

During the reign of William IV. two dukedoms were created, Gower duke of Sutherland, and Vane duke of Cleveland. The whole number of dukes in the English peerage is at present twenty, exclusive of the blood royal. There are seven Scottish dukes (Argyll, Atholl, Buccleuch, Hamilton, Lennox, Montrose, and Roxburghe), of whom one (Hamilton) is also an English duke. The only Irish duke is the duke of Leinster.

All the dukes of England have been created by letters patent in which the course of succession has been plainly pointed out. Generally the limitation is to the male heirs of the body.

DUTY. [RIGHT.]

E.

EARL. The title of count or earl, in Latin comes, is the most ancient and widely spread of the subordinate or subject titles. This dignity exists under various names in almost every country in

After the battle of Hastings, William the Conqueror recompensed his followers with grants of the lands of the Saxon nobles who had fallen in the battle, to be held of himself as strict feuds; and having annexed the feudal title of earl to the counties of the Saxon earls (with whom the title was only official), he granted them to his principal captains.

These earldoms were of three kinds, all of which were by tenure. The first and highest was where the dignity was annexed to the seisin or possession of a whole county, with "jura regalia." In this case the county became a county palatine, or principality, and the person created earl of it acquired royal jurisdiction and seigniory. In short, a county palatine was a perfect feudal kingdom in itself, but held of a superior lord. The counties of Chester, Pembroke, Hexham, and Lancaster, and the bishopric of Durham, have at different times been made counties palatine; but it does not appear that the title of earl palatine was given to the most ancient and distinguished of them, the earl of Chester, before the time of Henry II., surnamed Fitz-Empress, when the title of palatine was probably introduced from the Germanic Empire. The earls of Chester created barons and held parliaments, and had their justiciaries, chancellors, and barons of their exchequer. This county palatine reverted to the crown in the reign of Henry III. The second kind of earls were those whom the king created earls of a county, with civil and criminal jurisdiction, with a grant of the third part of the profits of the county court, but without giving them actual seisin of the county. The third

kind was where the king erected a large | formerly under his jurisdiction, and he

tract of land into a county, and granted it with civil and criminal jurisdiction to be held per servitium unius comitatus.

Under the early Norman kings, all earls, as well as barons, held their titles by the tenure of their counties and baronies; and the grant, or even purchase, with the licence of the king, of an earldom or a barony, would confer the title on the grantee or purchaser; but with the solitary exception of the earldom of Arundel, earldoms by tenure have long since disappeared, and in late times the title has been conferred by letters patent under the great seal. Earls have now no local jurisdiction, power or revenue, as a consequence of their title, which is no longer confined to the names of counties or even of places; several earls, as Earl Spencer, Earl Grey, and others, have chosen their own names, instead of local titles.

The coronet of an English earl is of gold surmounted with pearls, which are placed at the extremity of raised points or rays, placed alternately with foliage. The form of their creation, which has latterly been superseded by the creation by letters patent, was by the king's girding on the sword of the intended earl, and placing his cap and coronet on his head and his mantle on his shoulders. The king styles all earls, as well as the other ranks of the higher nobility or peerage, his cousins. An earl is entitled right honourable, and takes precedence next after marquesses, and before all viscounts and barons. When a marquess has an earldom, his eldest son is called earl by courtesy; but notwithstanding this titular rank, he is only a commoner, unless he be summoned to the House of Lords by such title. So the eldest sous of dukes are called earls where their fathers have an earldom but no marquisate, as the duke of Norfolk.

The number of earls in the House of Lords is at present 116.

EARL MARSHAL OF ENGLAND, one of the great officers of state, who marshals and orders all great ceremonials, takes cognizance of all matters relating to honour, arms, and pedigree, and directs the proclamation of peace and war. The curia militaris, or court of chivalry, was

is still the head of the heralds' office, or college of arms. Till the reign of Richard II., the possessors of this office were styled simply Marshals of England: the title of Earl Marshal was bestowed by that king in 1386 on Thomas lord Mowbray, Earl of Nottingham. The office is now hereditary in the family of Howard, and is enjoyed by the duke of Norfolk. (Chamberlaine's State of England; Dallaway's Inquiries into the Origin and Progress of Heraldry in Englund, 4to. Glouc. 1793, pp. 93-95.)

EARTHENWARE.

According to

the census of 1841, the number of persons in Great Britain employed in this important and most useful manufacture

Pottery, China, and Earthenware,') was 24,774, of whom 17,442 were returned for Staffordshire, which is the great seat of the manufacture. The district in this county known as 'The Potteries' is about a mile from the borders of Cheshire, and extends through a distance of more than seven miles, in which there are towns and villages so close to each other, that to a stranger, the whole appears like one straggling town. There are likewise extensive manufacturers of earthenware and porcelain in Yorkshire and Worcester, and the commoner kinds of ware are made in many parts of England.

Earthenware is a general term applicable to all utensils composed of earthen materials, but it is usual to distinguish them into three different kinds: the brown stone-ware, red pans and pots, and articles of a similar kind are called pottery; and porcelain is distinguished from earthenware as being a semi- vitrified compound, in which one portion remains infusible at the greatest heat to which it can be exposed, while the other portion vitrifies at a certain heat, and thus intimately combines with and envelopes the infusible part, producing a smooth, compact, shining and semi-transparent substance well known as the characteristic of porcelain.

Until the beginning of the eighteenth century the manufacture of earthenware was confined to a few coarse articles, which were devoid of taste. Earthenware was largely imported from Holland, and su

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