1588, she appointed him commander of the forces assembled at Tilbury, for the defence of the kingdom. Leicester died September 4, the same year, at Cornbury park, in Oxfordshire, and was interred in a chapel of the collegiate church of Warwick, where a splendid monument was raised to his memory.

DUEL (from duellum, derived from duo) is a combat between two, at a time and place appointed, in consequence of a challenge, and so is distinguished from an encounter, taking place without any previous arrangement. The custom of duelling was derived from the northern nations; the judicial combat and the private duel, upon the principle of the point of honor, having both been unknown to the ancients. The Germans, Danes and Franks carried the practice of the judicial combat so far, that none were excused, except women, sick people, cripples, and such as were over 60 years of age. Even ecclesiastics and monks were obliged to maintain their controversies by a champion in arms; and this singular species of jurisprudence was not confined to criminal accusations, but the titles to estates were decided in the same manner. At length, however, this mode of trial was limited to those accusations of capital offences, in which there was no other testimony, and in which common fame pronounced the accused party to be guilty. The party vanquished was punished by hanging, beheading, or mutilation of members. A judicial combat was authorized by Gundebald, king of the Burgundians, as early as A. D. 501. Fleta (1. 1. c. 32) says it is a combat between two, to prove the truth in respect to their controversy, and the party who conquers shall prevail in the suit. The practice of trying rights to land, as well as the guilt or innocence of an accused party, by combat under judicial authority, very naturally suggested the decision of personal quarrels in the same way (particularly those in which the point of honor was concerned), and all cases in which there was no adequate redress provided in the ordinary tribunals. The example of Francis I of France, and Charles V of Spain, gave a sanction to this mode of arbitration. On the breaking up of the treaty between these sovereigns, and the declaration of war by the French and English heralds, at the court of Charles, Jan. 2, 1528, the emperor, in replying to the declaration of the French monarch, desired the herald to acquaint his sovereign, that he would henceforth consider him, not only as a base violator 28

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of public faith, but as a stranger to the honor and integrity becoming a gentleman. On receiving this message, Francis immediately sent back the herald with a cartel of defiance, gave the emperor the lie in form, challenged him to single combat, and required him to appoint the time, place and weapons. Charles accepted the challenge; but, after many messages concerning the arrangements for the combat, accompanied with mutual reproaches, bordering on the most indecent scurrility, all thoughts of the duel were given up. But this affair, though it thus terminated without any rencounter, is supposed to have had a great influence in producing an important change in manners all over Europe. Upon every insult or injury, which seemed to touch his honor, a gentleman thought himself entitled to draw his sword, and to call on his adversary to give him satisfaction. Such an opinion becoming prevalent among men of fierce courage, of high spirit, and rude manners, where offence was often given, and revenge always prompt, led to the sacrifice of many lives. This "detestable practice of duelling, introduced," as the council of Trent say, "at the instigation of the devil," raged with the greatest violence in France, where it is calculated that 6000 persons fell in duels, during 10 years of the reign of Henry IV. His celebrated minister, Sully, remonstrated against the practice; but the king connived at it, supposing that it tended to maintain a military spirit among his people. But afterwards, in 1602, near the close of his reign, he issued a very severe decree against it, and declared it to be punishable with death. This decree was opposed by Sully, as being so far beyond the sentiments of the people on the subject, that it could not be carried into execution; and experience proved the correctness of Sully's opinion. Under Henry's successor, the cardinal Richelieu introduced a law, that every person who should fight a duel should lose his offices and pensions, a third of his property, and be exiled for three years from the kingdom. Duels soon decreased. Two noblemen were executed for this offence in 1627. In 1632, two noblemen killed each other in a duel; their corpses were hung upon the gallows, with the legs uppermost. (Mercure, XIII, 450.) Duels are not severely punished by the present French code. "It must be admitted," says Mr. Robertson, in connexion with his account of the challenge between Charles and Francis, "that to this absurd custom we must ascribe, in some degree,

the extraordinary gentleness and complaisance of modern manners, and that respectful attention of one man to another, which, at present, render the social intercourses of life far more agreeable and decent than among the most civilized nations of antiquity." Duelling sprung up as a branch of the chivalrous spirit of the middle ages; and the remnant of that spirit, which has survived to our own times, and which makes an insult, or an injury to honor, insupportable, has preserved this custom, in opposition to the exhortations and denunciations of the teachers of religion, and the prohibitions and penalties of the laws, which have been levelled against it in all civilized countries. A duel, provoked from a spirit of revenge and thirst of blood, shocks the moral sense, and excites the horror of mankind, little less than a cold-blooded assassination. But, where a inan burns with a sense of atrocious insult, which no laws can redress, and resorts to the duel, not from a spirit of revenge, but as the only means supplied which he considers to be left him for vindicating his honor, although this remedy is ever so inadequate, and even absurd, and although it is liable to so great abuse, still, in such a case, the general sentiment, in spite of all laws to the contrary, regards a challenge with tolerance; and it is these instances that sustain the practice of duelling, and defeat, in a great degree, the execution of the laws against duels. As far as men are impelled to combat by these motives, as Sully remarked to Henry IV, the threat of the punishinent of death, by the law, has feeble influence with them; since they expose their lives in the combat itself, in order to avoid what they consider a greater evil than death. This evil is one inflicted, in many instances, by the public opinion, and depends on the customs of particular societies. Thus, in France, Spain and Italy, a blow with the hand is a mortal injury; and that it is so is matter merely of public opinion, for in England and the U. States, this is by no means so burning a disgrace. But, in both of the latter countries, a stroke with a whip is, by the public opinion, rendered exceedingly galling. After all, however, parties in the heat of resentment, and the high excitement of their sensibilities, are apt greatly to overrate the importance of the supposed disparagement of their reputation; and the frivolity of the occasion would frequently make duels subjects of ridicule, if they were not cases of life and death. And, though the

public are disposed to palliate them, in extreme cases, still the laws very properly prohibit the practice of duelling, in toto. Accordingly, the laws of England make killing in a duel, after time for reflection and deliberation, murder. “A party," says Mr. Russell, in his treatise on crimes, "killing another in a deliberate duel, is guilty of murder, and cannot help himself by alleging that he was first struck by the deceased; or that he had often declined to meet him, and was prevailed upon to do so by his importunity; or that it was his intent only to vindicate his reputation; or that he meant not to kill, but only to disarm his adversary. He has deliberately engaged in an act highly unlawful, and he must abide the consequences." Such is the law of England, but it does not prevent duels; and the parties concerned in them often come off with impunity. In the U. States, there is a very considerable diversity in the laws of the different states on this subject, at the time of writing this article, in 1830. In Maine, the punishment for challenging, fighting a duel, or acting as second, is solitary imprisonment not over a year, confinement to hard labor not more than 20 years, and disqualification for office for 20 years; for accepting a challenge, imprisonment not exceeding a year, and disqualification for office 5 years: in Vermont, for killing in a duel, death; for sending or accepting a challenge, a fine of from $50 to $1000, and absolute disqualification for office in Massachusetts, for fighting, in case death does not ensue, or challenging, accepting a challenge, or being second, the same as in Maine: in Rhode Island, for fighting, though death does not ensue, carting to the gallows, with a rope about the neck, sitting on the gallows an hour, and imprisonment not exceeding a year, either or both: in Connecticut, for sending or accepting a challenge, a fine of $3000, bonds for good behavior during life, and disqualification for office; for delivering a challenge, the same, excepting the bonds: in New Jersey, for challenging, or bearing a challenge, or aiding, a fine not over $500, or imprisonment not more than 2 years, or both; for fighting, or being second, or aiding, a fine not over $1000, and imprisonment to hard labor not more than 2 years: in Pennsylvania, for challenging, or bearing a challenge, a fine not over $500, and imprisonment of 1 year: in Delaware, for fighting a duel, or sending, bearing or accepting a challenge, or aiding therein, a fine of $1000, imprisonment for three

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taken prisoner, and carried into Plymouth. He there gained the love of an English female, who procured him his liberty. He once more made a cruise on the coast of England, and took two ships of war. Duguay-Trouin, now in his 21st year, attracted the attention of the government. Louis XIV sent him a sword. He captured great numbers of English and Dutch ships on the coast of Spain and Ireland; in 1696, he took a great part of the outward bound Dutch fleet, under Wassenaer; in 1697, he entered the royal marine, as a captain. He signalized himself so much in the Spanish war, that the king granted him letters of nobility, in which it was stated, that he had captured more than 300 merchant ships, and 20 ships of war. By the capture of Rio de Janeiro, 1611, he brought the crown more than 25 millions. Under Louis XV, he rendered important services in the Levant and the Mediterranean. He died at Paris, 1736. His memoirs appeared there, in 1740, in 4 vols. His Eloge was written by Thomas. DUJARDIN, Charles, a painter, born 1640, at Amsterdam, a scholar of Berghem, excelled in painting landscapes, animals, and scenes in low life. He went to Italy when young, and was a member of the society of painters at Rome, among whom he was called Barba di Becco. His works met with general approbation. On his return to his native country, he contracted considerable debts at Lyons, to free himself from which he married his old and rich landlady. He went with her to Amsterdam, where his pictures were valued very highly. He soon secretly left his home in that city, probably from dislike to his wife, and went to Rome, where he was welcomed by his old friends and admirers, and lived at great expense. Thence he went to Venice, where he died, in 1678, in the prime of life. His landscapes have spirit and harmony, his figures expression, and his coloring the brilliancy which distinguishes his school. His paintings are rare, and command a high price. He also published 52 landscapes, etched with much spirit and ease. DUKE (from the Latin dur, leader, commander). Among the ancient German tribes, the military leaders were chosen by the people (reges ex nobilitate, duces ex virtute sumunt, says Tacitus), with whom, however, the whole legislative power remained: this is the natural and probably the common origin of the princes of all nations. By degrees, as appears from Marculphus, and Gregory of Tours, the oath of allegiance was introduced

among the Franks, which was taken, not only by the followers of the prince (comites), but also by the people at large, who still continued, however, to hold the legislative power. The counts and dukes, after this time, were no longer chosen by the people, but by the prince. Dukes were set over provinces or districts, to regulate the military affairs, and counts to administer justice, and to collect the taxes. (See Count.) Charlemagne suffered the dignity of the dukes to cease, because their power seemed to him too dangerous. But the incursions of foreign tribes into Germany made the reëstablishment of dukes necessary under his successors. In 847, the emperor Louis appointed a duke of Thuringia, to protect the frontiers against the Wendes, or Vandals, a Selavonic tribe. The power of the dukes now gradually increased, their dignity, like that of counts, became hereditary, and they soon became powerful members of the German empire. An archbishop of Cologne, Bruno, was the first who bore (in 959) the title of archduke, which, since the time of the emperor Frederic III (1453), has been given exclusively to the princes of the house of Austria. All the Austrian princes are archdukes. The kings of Poland styled themselves grand-dukes of Lithuania; and Maximilian II, emperor of Germany, gave this title of grand-duke to the dukes of Florence. Napoleon conferred the arch-ducal dignity on several German princes, which the congress of Vienna confirmed to them. In other countries, duke is only a title of nobility, as duca in Italy, due in France, and duke in England. In the two first countries, dukes are the second in rank among the nobles; in the latter, the highest. Napoleon created ducs, after he had assumed the title of emperor, and gave them titles generally taken from places or countries in which they had distinguished themselves; as, for instance, Duroc was created duke of Friuli. In England, the first hereditary duke was the black prince, created by his father, Edward III, in 1336. The duchy of Cornwall was bestowed upon him, and was thenceforward attached to the eldest son of the king, who is considered dux natus. The duchy of Lancaster was soon after conferred on his third son, John of Gaunt, and hence arose the special privileges which these two duchies still in part retain. In the reign of Elizabeth, in 1572, the ducal order was extinct, and not revived till the creation of Villars duke of Buckingham, by James I. There are now, besides the brothers of

the king of England, who are all dukes, 19 English dukes. The coronet of an English duke consists of eight strawberry leaves, on a rim of gold. His style is, most high, potent and noble prince-your grace. In the distribution of the empire, under Constantine, dux was the title borne by a military provincial governor. On the division of the empire, 13 duces were nominated in the East. In the Bible, the word dukes is used, Gen. xxxvi. 15, for the duces of the Vulgate.

DULWICH; a village in Surry, England, noted for the College of God's Gift, five miles S. E. London. The gallery of paintings at Dulwich college is one of the finest collections in the world. Dulwich is charmingly situated, and the delightful walk to the village, after leaving the long and noisy streets of the metropolis, adds to the enjoyment of the gallery, where the pieces of Cuyp and other masters seem to reflect the beautiful scenery on which you have just been gazing. In that collection you find paintings of all characters and schools, from the comic, and, sometimes, almost too natural Teniers and Wouvermann, up to Cuyp, Claude, Paul Potter, and the grave Ruysdael. The gallery contains, likewise, many works of Murillo, Vandyke, Rubens, Rembrandt, Poussin, Salvator Rosa, Caravaggio, Guercino, Paul Veronese, Guido, Andrea del Sarto, and Titian. Of the last there is a nymph, a picture in which this glorious artist expressed, perhaps more than in any of his other productions, that luxuriant beauty and glowing voluptuousness, which so often inspired him. The gallery at Dulwich is also advantageously distinguished from many others in England, by the facility of admittance. Not a few of the greatest works of art are immured in the retired seats of the nobility, and only seen, if at all, after tedious applications, which contrast very disagreeably with the facility of reception in Italy.

DUMARSAIS, César Chesneau, a philologist, born in 1676, at Marseilles, early lost his father, his fortune was dissipated by the extravagance of his mother, and a library, which he inherited, was sold. The idea of losing the latter so disturbed the boy, then but seven years old, that he concealed all the books of which he could possess himself. He became an advocate, married unhappily, kept a school, and died in misery, 1756. His merits were overlooked by his own age, and his best works remained for a long time unknown. D'Alembert aptly calls him the La Fontaine of philosophers. De Gerando, in a

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prize dissertation, presented to the French institute in 1805, has justly appreciated the merit of this profound inquirer. His works were published at Paris, 1797, in seven vols. The principal are, A New Method of teaching the Latin Language; a Treatise on Tropes; the Principles of (general) Granımar; and his contributions to the Encyclopædia.

DUMAS, Matthieu (count), a distinguished French general, born 1758, at Montpellier, served as a colonel in the war of the American revolution. In 1789, he entered the national guard, under La Fayette. In 1792, he exerted all his influence to prevent the declaration of war against Austria. In the reign of terror, he concealed himself. In September, 1795, he was chosen member of the council of elders. In 1797, he spoke energetically against bringing up the troops, whom the directory had sent for to occupy the capital, and was condemned to deportation. He fled to Germany. In 1799, he published, at Hamburg, a well written journal, entitled Précis des Événements militaires, which showed his profound knowledge of the military art. After the 18th Brumaire, he returned to France. 1800, he was at the head of the staff of the second army of reserve, and served in the campaign of 1801, in Switzerland. In August, 1802, he formed the plan of a legion of honor. He was afterwards general of division, and chief of the staff. In 1805, he served in the grand army in Germany, in this latter capacity. 1812, he accompanied Napoleon in the Russian campaign, as intendent-general of the army, and was at last taken prisoner at the surrender of Dresden. Île has since continued his Précis des Événements, 19 vols. of which had appeared in 1825, with 8 vols. of Atlas, folio. The 19th volume extended to the end of the war of 1807.

DUMB AND DEAF, or DEAF MUTES.

In

In

Deafness. The sensation which we call hearing is produced by the vibrations of the air, striking on the tympanum or drum of the ear, and communicated to the auditory nerve, by means of a series of small bones connected in a very remarkable manner. When the tympanum becomes insensible to these impulses, a person is termed deaf; although the vibrations may still be communicated, in some cases, through the bones of the head, by means of a stick placed between the teeth, or, as the Code of Justinian states to have been practised in the case of dying persons, by speaking with the