Ruffel, who inftantly moved, that my Lord might be enjoined not to go; which was done accordingly.

After this, the House made an Order, that neither his Lordship, nor Sir Thomes Mieres, fhould profecute any quarrel againft Mr. Howard, nor fend, nor accept any challenge from him, without informing the House..

On the 18th an Order was made, that three Members fhould go to Mr. Howard, (as he was laid up with the gout) to examine him, whether he figned the letter but he avoided giving an answer to the queftion.

After this, the House voted it not only a fcandalous paper, but a breach of Privilege, and ordered Howard to attend in perfon.

In the mean time my Lord was informed, that Howard fhould fay, "That his Lordship bad heard of the paper before the meeting of the Parliament, and yet did not think proper till now to call him to an account for it:" This fo irritated his Lordfhip, who thought it nearly touched his honour, that, as the fcandalous paper had been feat.ered about in Whitehall, he ordered his fervant to fix one up at the gate of that palace, wherein he ftyled Howard a coward.

This paper was taken down by one belonging to the Court, and carried to the King, who, was graciously pleafed to order an enquiry to be made into the occafion of it. His Lordship's paper was also laid before the House of Commons on the 20th, where it was taken into confideration, and feveral means were propofed to prevent the mifchiefs that might follow from it. Whilft thefe matters were debating, Cavendifh came in, when Mr. Speaker, by command of the Houfe, acquainted him, That they were informed that he had broken the Privilege of the House, by fixing up the paper, and defired to hear what he had to fay to it, before he was ordered to withdraw.'

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My

My Lord only faid, "He fhould ever have the highest respect for their Privilege, and fubmitted to whatever the Houfe fhould determine concerning him," and then he withdrew.

After debate it was refolved the fame day, that his Lordship should, for this breach, be committed to the Tower; from whence, in two days, he was difcharged, upon acknowledging, by a Petition, his offence, and begging pardon of the Houfe.

On the 25th, complaint was made to the House, by a Member, "That whilft they were about the bufinefs of the pation it was interrupted by challenges, and that he heard this morning my Lord Cavendish had been challenged." This occafioned another enquiry; when a Gentleman gave the following account of the matter That he fufpected fomething of this nature was going forward, by meeting Mr. Newport, coming out of my Lord Cavendish's houfe yesterday morning.

Another Member faid, "There were not wanting thofe who gave great encouragement to others to affront my Lord Cavendish: But this, (added he,) was not a quarrel against him, but the whole Houfe; fo that if fome courfe was not taken to put a stop to such behaviour, they should be hectored, or obliged to fight, with every live-guard-man, who fhould think proper to raise a quarrel with any of them;" and then he related what he had heard a Lawyer in the Temple mention concerning Lord Cavendish: "Is it not a pretty ftory, (fays he,) that my Lord Cavendish fhould complain of Mr. Howard's letter, when he heard of it before the meeting of the Parliament; pray why did he not take notice of it then, and not now hinder the King's business?" It had been alfo reported, that this Lawyer had spoken to the fame effect to Mr. Sawyer, a Member of the Houfe: but upon his being afked by my Lord, whether

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whether it was true? he answered, he did not hear any fuch words.

Mr. Waller spoke next, who expreffed himself as follows, "They who would fight with King, Lords, and Commons, will fight with any of us. In France, (fays he,) there are Edicts against Duels, but that will ftand with arbitrary Governments only;" he therefore moved, in order to prevent fuch mischiefs for the future, fomething might be done. What Mr. Waller urged had fo much weight with the House, that they voted, "That whoever fhould profecute any thing further in this matter, fhould be declared a violator of the Privilege of the House*.”

This Vote was immediately drawn up in proper form, and by order fixed not only on WestminsterHall gate, but those of the feveral Inns of Court.

And it was at the fame time proposed to bring in a Bill, to render every one that should fight a Duel incapable of pardon; but this propofal was no fooner mentioned than laid afide.

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* The Writer of Mr. Waller's life fays, "That he was fo abfolute a master of eloquence, that if he had lived in the days of Demofthenes, or Tully, his compofitions of that kind might have borne the teft of their judgments; and their pleadings would have received honour from his approbation. "He was, fays the Earl of Clarendon, a man very powerful in language; and who, by what he spoke, and in the manner of fpeaking it, exceedingly captivated the good will and benevolence of his hearers; which is the highest part of an Ora"tor." This admirable talent he had frequent opportunities of exercising in the Houfe of Commons; of which I believe he was a Member from the time of his leaving Cambridge, in the reign of King James the Firit, to the end of that Parliament which was diffolved in the year 1678: In which long tract of time, he, doubtlefs, made many Speeches; of which pofterity has the greater reafon to regret the lofs, by taking an estimate of their value from the excellence of what are remaining. The title prefixed to each of them informs us of the time, and occafion, of their being fpoken." But Mr. Grey's Debates were not then publifhed, in which are several of Mr. Waller's fpeeches. See the next Note, p. 46.

The

The House was now informed, "That his Majefty, in order to preferve the public peace, had directed the perfons concerned in the challenge to be confined." Upon this one of the Members took notice, that my Lord Cavendish was in the Houfe, and defired to know, what engagement his Lordfhip had made to the King on this occafion?

He was answered, "That the meffage from his Majefty to Lord Cavendish was, That he should not fend any challenge to Mr. Howard, nor any one elfe. Another Member, upon hearing this, faid, 66 As the order came from the King, it could not fail of having the defired effect, and that his Majefty ought to be thanked for his paternal care of the Members of the House, and at the fame time to implore his farther protection, fhould the like happen again."

Sir William Temple concluded this Debate with faying, "That the great occafion of Duels here was, that the Law does not give the affronted party a proper remedy for the injury he had fufiained. In France (fays he) it is otherwife; for there a strict course is taken to repair a man in his honour. In fport, the defect in our Laws, by not giving an adequate fatisfaction for affrontive words, occafions many Duels."

At laft the Houfe ordered in a Bill, to prevent Duels, and provocations to Duels; but it does not appear that any fuch Bill was ever brought in.

On the 26th, Mr. Howard attended the Houfe, according to order, where he was afked by Mr. Speaker, whether he figned the paper in queftion? All the answer he gave, was, "Let any one, if he can, (looking at the paper) prove that it is my hand-writing;" and then he withdrew.

Mr. Howard was no fourer withdrawn, than one of the Members moved, that be fhould be treated as the Houfe had my Lord Cavendish.

"But (fiys Sir Philip Harcourt,) this would be unequal; for Howard's offence was of fuch a na

ture

ture as to reflect on the whole Houfe, whereas my Lord Cavendish's was only a perfonal thing."

However, after fome farther debate, it was refolved, "That Mr. Howard was the author and difperfer of the paper, which the Houfe had declared to be a fcandalous one." Upon this he was called in, when he was ordered to kneel, and in that pofture he received the judgment of the Houfe from Mr. Speaker, i. e. "That he should for his offence be committed to the Tower, during their pleasure," to which place he was immediately conveyed by the Serjeant at Arms.

There he remained till the 8th of November, when he petitioned to be discharged, in which he acknowledged his offence, and begged pardon of the Houfe; and tho' my Lord Cavendish had been fo ill used, neither himfelf nor Sir Thomas Meres oppofed his release; fo that he was inftantly difcharged: nay, fo defirous was the House afterwards of reconciling my Lord, Sir Thomas Meres, and Mr. Howard, that they directed them to attend the Speaker, in order to make them all friends, which we fancy he did, because we do not find any farther mention relating to this affair.

Though Burnet has not given his Lordship the character he deferves, yet he found himself obliged to own, "That my Lord had the courage of a bero, with an unusual proportion both of wit and knowledge, and had also a great softness in his exterior deportment."

In a word, it appears from Lord Cavendish's whole behaviour through this affair, that he acted both like a patriot and a man of honour, first, in refenting the difrefpect fhewn to the Vote of the Houfe, and at last in not pushing things to extremity, when he had fo great an advantage over the aggreffor. Indeed, every circumftance proves Mr. Howard to