On the accession of Henry IV that monarch pretended to set his face against duelling; but such was the influence of early education and the prejudices of society upon him, that he never could find it in his heart to punish a man for this offence. He thought it tended to foster a warlike spirit among his people. When the chivalrous Crequi demanded his permission to fight Don Philippe de Savoire, he is reported to have said, "Go, and if I were not a King, I would be your second." It is no wonder that when such were known to be the King's disposition, his edicts attracted but small attention. A calculation was made by M. de Lomenie, in the year 1607, that since the accession of Henry, in 1589, no less than four thousand French gentlemen had lost their lives in these conflicts, which, for the eighteen years, would have been at the rate of four or five in a week, or eighteen per month! Sully, who reports this fact in his Memoirs, does not throw the slightest doubt upon its exactness, and adds, that it was chiefly owing to the facility and ill-advised good-nature of his royal master that the bad example had so empoisoned the court, the city, and the whole country. This wise minister devoted much of his time and attention to the subject; for the rage, he says, was such as to cause him a thousand pangs, and the King also. There was hardly a man moving in what was called good society, who had not been engaged in a duel either as principal or second; and if there were such a man, his chief desire was to free himself from the imputation of non-duelling, by picking a quarrel with somebody. Sully constantly wrote letters to the King, in which he prayed him to renew the edicts against this barbarous custom, to aggravate the punishment against offenders, and never, in any instance, to grant a pardon, even to a person who had wounded another in a duel, much less to any one who had taken away life. He also advised, that some sort of tribunal, or court of honour, should be established, to take cognizance of injurious and slanderous language, and of all such matters as usually led to duels; and that the justice to be administered by this court should be sufficiently prompt and severe to appease the complainant, and make the offender repent of his aggression.
Henry, being so warmly pressed by his friend and minister, called together an extraordinary council in the gallery of the palace of Fontainebleau, to take the matter into consideration. When all the members were assembled, his Majesty requested that some person conversant with the subject would make a report to him on the origin, progress, and different forms of the duel. Sully complacently remarks, that none of the counsllors gave the King any great reason to felicitate them on their erudition. In fact, they all remained silent. Sully held his peace with the rest; but he looked so knowing, that the King turned towards him, and said:—"Great master! by your face I conjecture that you know more of this matter than you would have us believe. I pray you, and indeed I command, that you tell us what you think and what you know." The coy minister refused, as he says, out of mere politeness to his more ignorant colleagues; but, being again pressed by the King, he entered into a history of duelling both in ancient and modern times. He has not preserved this history in his Memoirs; and, as none of the ministers or counsellors present thought proper to do so, the world is deprived of a discourse which was, no doubt, a learned and remarkable one. The result was, that a royal edict was issued, which Sully lost no time in transmitting to the most distant provinces, with a distinct notification to all parties concerned that the King was in earnest, and would exert the full rigour of the law in punishment of the offenders. Sully himself does not inform us what were the provisions of the new law; but Father Matthias has been more explicit, and from him we learn, that the Marshals of France were created judges of a court of chivalry, for the hearing of all causes wherein the honour of a noble or gentleman was concerned, and that such as resorted to duelling should be punished by death and confiscation of property, and that the seconds and assistants should lose their rank, dignity, or offices, and be banished from the court of their sovereign. [Le Pere Matthias, tome ii. livre iv.]
But so strong a hold had the education and prejudice of his age upon the mind of the King, that though his reason condemned, his sympathies approved the duel. Notwithstanding this threatened severity, the number of duels did not diminish, and the wise Sully had still to lament the prevalence of an evil which menaced society with utter disorganization. In the succeeding reign the practice prevailed, if possible, to a still greater extent, until the Cardinal de Richelieu, better able to grapple with it than Sully had been, made some severe examples in the very highest classes. Lord Herbert, the English ambassador at the court of Louis XIII repeats, in his letters, an observation that had been previously made in the reign of Henry IV, that it was rare to find a Frenchman moving in good society who had not killed his man in a duel. The Abbe Millot says of this period, that the duel madness made the most terrible ravages. Men had actually a frenzy for combatting. Caprice and vanity, as well as the excitement of passion, imposed the necessity of fighting. Friends were obliged to enter into the quarrels of their friends, or be themselves called out for their refusal, and revenge became hereditary in many families. It was reckoned that in twenty years eight thousand letters of pardon had been issued to persons who had killed others in single combat. ["Elemens de l'Histoire de France, vol. iii. p. 219.]
Other writers confirm this statement. Amelot de Houssaye, in his Memoirs, says, upon this subject, that duels were so common in the first years of the reign of Louis XIII, that the ordinary conversation of persons when they met in the morning was, "Do you know who fought yesterday?" and after dinner, "Do you know who fought this morning?" The most infamous duellist at that period was De Bouteville. It was not at all necessary to quarrel with this assassin to be forced to fight a duel with him. When he heard that any one was very brave, he would go to him, and say, "People tell me that you are brave; you and I must fight together!" Every morning the most notorious bravos and duellists used to assemble at his house, to take a breakfast of bread and wine, and practise fencing. M. de Valencay, who was afterwards elevated to the rank of a cardinal, ranked very high in the estimation of De Bouteville and his gang. Hardly a day passed but what he was engaged in some duel or other, either as principal or second; and he once challenged De Bouteville himself, his best friend, because De Bouteville had fought a duel without inviting him to become his second. This quarrel was only appeased on the promise of De Bouteville that, in his next encounter, he would not fail to avail himself of his services. For that purpose he went out the same day, and picked a quarrel with the Marquis des Portes. M. de Valencay, according to agreement, had the pleasure of serving as his second, and of running through the body M. de Cavois, the second of the Marquis des Portes, a man who had never done him any injury, and whom he afterwards acknowledged he had never seen before.
Cardinal Richelieu devoted much attention to this lamentable state of public morals, and seems to have concurred with his great predecessor, Sully, that nothing but the most rigorous severity could put a stop to the evil. The subject indeed was painfully forced upon him by his enemies. The Marquis de Themines, to whom Richelieu, then Bishop of Lucon, had given offence by some representations he had made to Mary of Medicis, determined, since he could not challenge an ecclesiastic, to challenge his brother. An opportunity was soon found. Themines, accosting the Marquis de Richelieu, complained, in an insulting tone, that the Bishop of Lucon had broken his faith. The Marquis resented both the manner and matter of his speech, and readily accepted a challenge. They met in the Rue d'Angouleme, and the unfortunate Richelieu was stabbed to the heart, and instantly expired. From that moment the Bishop became the steady foe of the practice of duelling. Reason and the impulse of brotherly love alike combined to make him detest it, and when his power in France was firmly established, he set vigorously about repressing it. In his "Testament Politique," he has collected his thoughts upon the subject, in the chapter entitled "Des moyens d'arreter les Duels." In spite of the edicts that he published, the members of the nobility persisted in fighting upon the most trivial and absurd pretences. At last Richelieu made a terrible example. The infamous De Bouteville challenged and fought the Marquis de Beuoron; and, although the duel itself was not fatal to either, its consequences were fatal to both. High as they were, Richelieu resolved that the law should reach them, and they were both tried, found guilty, and beheaded. Thus did society get rid of one of the most bloodthirsty scoundrels that ever polluted it.
In 1632 two noblemen fought a duel, in which they were both killed. The officers of justice had notice of the breach of the law, and arrived at the scene of combat before the friends of the parties had time to remove the bodies. In conformity with the Cardinal's severe code upon the subject, the bodies were ignominiously stripped, and hanged upon a gallows, with their heads downwards, for several hours, within sight of all the people. [Mercure de France, vol. xiii.] This severity sobered the frenzy of the nation for a time; but it was soon forgotten. Men's minds were too deeply imbued with a false notion of honour to be brought to a right way of thinking: by such examples, however striking, Richelieu was unable to persuade them to walk in the right path, though he could punish them for choosing the wrong one. He had, with all his acuteness, miscalculated the spirit of duelling. It was not death that a duellist feared: it was shame, and the contempt of his fellows. As Addison remarked more than eighty years afterwards, "Death was not sufficient to deter men who made it their glory to despise it; but if every one who fought a duel were to stand in the pillory, it would quickly diminish the number of those imaginary men of honour, and put an end to so absurd a practice." Richelieu never thought of this.
Sully says, that in his time the Germans were also much addicted to duelling. There were three places where it was legal to fight; Witzburg, in Franconia, and Uspach and Halle, in Swabia. Thither, of course, vast numbers repaired, and murdered each other under sanction of the law. At an earlier period, in Germany, it was held highly disgraceful to refuse to fight. Any one who surrendered to his adversary for a simple wound that did not disable him, was reputed infamous, and could neither cut his beard, bear arms, mount on horseback, or hold any Office in the state. He who fell in a duel was buried with great pomp and splendour.
In the year 1652, just after Louis XIV had attained his majority, a desperate duel was fought between the Dukes de Beaufort and De Nemours, each attended by four gentlemen. Although brothers-in-law, they had long been enemies, and their constant dissensions had introduced much disorganization among the troops which they severally commanded. Each had long sought an opportunity for combat, which at last arose on a misunderstanding relative to the places they were to occupy at the council board. They fought with pistols, and, at the first discharge, the Duke de Nemours was shot through the body, and almost instantly expired. Upon this the Marquis de Villars, who seconded Nemours, challenged Hericourt, the second of the Duke de Beaufort, a man whom he had never before seen; and the challenge being accepted, they fought even more desperately than their principals. This combat, being with swords, lasted longer than the first, and was more exciting to the six remaining gentlemen who stayed to witness it. The result was fatal to Hericourt, who fell pierced to the heart by the sword of De Villars. Anything more savage than this can hardly be imagined. Voltaire says such duels were frequent, and the compiler of the "Dictionnaire d'Anecdotes" informs us, that the number of seconds was not fixed. As many as ten, or twelve, or twenty, were not unfrequent, and they often fought together after their principals were disabled. The highest mark of friendship one man could manifest towards another, was to choose him for his second; and many gentlemen were so desirous of serving in this capacity, that they endeavoured to raise every slight misunderstanding into a quarrel, that they might have the pleasure of being engaged in it. The Count de Bussy Rabutin relates an instance of this in his Memoirs. He says, that as he was one evening coming out of the theatre, a gentleman, named Bruc, whom he had not before known, stopped him very politely, and, drawing him aside, asked him if it was true that the Count de Thianges had called him (Bruc) a drunkard? Bussy replied, that he really did not know, for he saw the Count very seldom. "Oh! he is your uncle!" replied Bruc; "and, as I cannot have satisfaction from him, because he lives so far off in the country, I apply to you." "I see what you are at," replied Bussy, "and, since you wish to put me in my uncle's place, I answer, that whoever asserted that he called you a drunkard, told a lie!" "My brother said so," replied Bruc, "and he is a child." "Horsewhip him, then, for his falsehood," returned De Bussy. "I will not have my brother called a liar," returned Bruc, determined to quarrel with him; "so draw, and defend yourself!" They both drew their swords in the public street, but were separated by the spectators. They agreed, however, to fight on a future occasion, and with all regular forms of the duello. A few days afterwards, a gentleman, whom De Bussy had never before seen, and whom he did not know, even by name, called upon him, and asked if he might have the privilege of serving as his second. He added, that he neither knew him nor Bruc, except by reputation, but, having made up his mind to be second to one of them, he had decided upon accompanying De Bussy as the braver man of the two. De Bussy thanked him very sincerely for his politeness, but begged to be excused, as he had already engaged four seconds to accompany him, and he was afraid that if he took any more, the affair would become a battle instead of a duel.
When such quarrels as these were looked upon as mere matters of course, the state of society must have been indeed awful. Louis XIV very early saw the evil, and as early determined to remedy it. It was not, however, till the year 1679, when he instituted the "Chambre Ardente," for the trial of the slow poisoners and pretenders to sorcery, that he published any edict against duelling. In that year his famous edict was promulgated, in which he reiterated and confirmed the severe enactments of his predecessors, Henry IV and Louis XIII, and expressed his determination never to pardon any offender. By this celebrated ordinance a supreme court of honour was established, composed of the Marshals of France. They were bound, on taking the office, to give to every one who brought a well-founded complaint before them, such reparation as would satisfy the justice of the case. Should any gentleman against whom complaint was made refuse to obey the mandate of the court of honour, he might be punished by fine and imprisonment; and when that was not possible, by reason of his absenting himself from the kingdom, his estates might be confiscated till his return.
Every man who sent a challenge, be the cause of offence what it might, was deprived of all redress from the court of honour—suspended three years from the exercise of any office in the state—was further imprisoned for two years, and sentenced to pay a fine of half his yearly income. He who accepted a challenge, was subject to the same punishment. Any servant, or other person, who knowingly became the bearer of a challenge, was, if found guilty, sentenced to stand in the pillory and be publicly whipped for the first offence, and for the second, sent for three years to the galleys.