Any person who actually fought, was to be held guilty of murder, even though death did not ensue, and was to be punished accordingly. Persons in the higher ranks of life were to be beheaded, and those of the middle class hanged upon a gallows, and their bodies refused Christian burial.
At the same time that Louis published this severe edict, he exacted a promise from his principal nobility that they would never engage in a duel on any pretence whatever. He never swerved from his resolution to pursue all duellists with the utmost rigour, and many were executed in various parts of the country. A slight abatement of the evil was the consequence, and in the course of a few years one duel was not fought where twelve had been fought previously. A medal was struck to commemorate the circumstance, by the express command of the King. So much had he this object at heart, that, in his will, he particularly recommended to his successor the care of his edict against duelling, and warned him against any ill-judged lenity to those who disobeyed it. A singular law formerly existed in Malta with regard to duelling. By this law it was permitted, but only upon condition that the parties should fight in one particular street. If they presumed to settle their quarrel elsewhere, they were held guilty of murder, and punished accordingly. What was also very singular, they were bound, under heavy penalties, to put up their swords when requested to do so by a priest, a knight, or a woman. It does not appear, however, that the ladies or the knights exercised this mild and beneficent privilege to any great extent; the former were too often themselves the cause of duels, and the latter sympathised too much in the wounded honour of the combatants to attempt to separate them. The priests alone were the great peacemakers. Brydone says, that a cross was always painted on the wall opposite to the spot where a knight had been killed, and that in the "street of duels" he counted about twenty of them. [Brydone's "Tour in Malta." 1772.]
In England the private duel was also practised to a scandalous extent, towards the end of the sixteenth and beginning of the seventeenth centuries. The judicial combat now began to be more rare, but several instances of it are mentioned in history. One was instituted in the reign of Elizabeth, and another so late as the time of Charles I. Sir Henry Spelman gives an account of that which took place in Elizabeth's reign, which is curious, perhaps the more so when we consider that it was perfectly legal, and that similar combats remained so till the year 1819. A proceeding having been instituted in the Court of Common Pleas for the recovery of certain manorial rights in the county of Kent, the defendant offered to prove by single combat his right to retain possession. The plaintiff accepted the challenge, and the Court having no power to stay the proceedings, agreed to the champions who were to fight in lieu of the principals. The Queen commanded the parties to compromise; but it being represented to Her Majesty that they were justified by law in the course they were pursuing, she allowed them to proceed. On the day appointed, the Justices of the Common Pleas, and all the council engaged in the cause, appeared as umpires of the combat, at a place in Tothill-fields, where the lists had been prepared. The champions were ready for the encounter, and the plaintiff and defendant were publicly called to come forward and acknowledge them. The defendant answered to his name, and recognised his champion with the due formalities, but the plaintiff did not appear. Without his presence and authority the combat could not take place; and his absence being considered an abandonment of his claim, he was declared to be nonsuited, and barred for ever from renewing his suit before any other tribunal whatever.
The Queen appears to have disapproved personally of this mode of settling a disputed claim, but her judges and legal advisers made no attempt to alter the barbarous law. The practice of private duelling excited more indignation, from its being of every-day occurrence. In the time of James I the English were so infected with the French madness, that Bacon, when he was Attorney-general, lent the aid of his powerful eloquence to effect a reformation of the evil. Informations were exhibited in the Star Chamber against two persons, named Priest and Wright, for being engaged, as principal and second, in a duel, on which occasion he delivered a charge that was so highly approved of by the Lords of the Council, that they ordered it to be printed and circulated over the country, as a thing "very meet and worthy to be remembered and made known unto the world." He began by considering the nature and greatness of the mischief of duelling. "It troubleth peace—it disfurnisheth war—it bringeth calamity upon private men, peril upon the state, and contempt upon the law. Touching the causes of it," he observed, "that the first motive of it, no doubt, is a false and erroneous imagination of honour and credit; but then, the seed of this mischief being such, it is nourished by vain discourses and green and unripe conceits. Hereunto may be added, that men have almost lost the true notion and understanding of fortitude and valour. For fortitude distinguisheth of the grounds of quarrel whether they be just; and not only so, but whether they be worthy, and setteth a better price upon men's lives than to bestow them idly. Nay, it is weakness and disesteem of a man's self to put a man's life upon such liedger performances. A man's life is not to be trifled with: it is to be offered up and sacrificed to honourable services, public merits, good causes, and noble adventures. It is in expense of blood as it is in expense of money. It is no liberality to make a profusion of money upon every vain occasion, neither is it fortitude to make effusion of blood, except the cause of it be worth." [See "Life and Character of Lord Bacon," by Thomas Martin, Barrister-at-law.]
The most remarkable event connected with duelling in this reign was that between Lord Sanquir, a Scotch nobleman, and one Turner, a fencing-master. In a trial of skill between them, his lordship's eye was accidentally thrust out by the point of Turner's sword. Turner expressed great regret at the circumstance, and Lord Sanquir bore his loss with as much philosophy as he was master of, and forgave his antagonist. Three years afterwards, Lord Sanquir was at Paris, where he was a constant visitor at the court of Henry IV. One day, in the course of conversation, the affable monarch inquired how he had lost his eye. Sanquir, who prided himself on being the most expert swordsman of the age, blushed as he replied that it was inflicted by the sword of a fencing-master. Henry, forgetting his assumed character of an antiduellist, carelessly, and as a mere matter of course, inquired whether the man lived? Nothing more was said, but the query sank deep into the proud heart of the Scotch baron, who returned shortly afterwards to England, burning for revenge. His first intent was to challenge the fencing-master to single combat, but, on further consideration, he deemed it inconsistent with his dignity to meet him as an equal in fair and open fight. He therefore hired two bravos, who set upon the fencing-master, and murdered him in his own house at Whitefriars. The assassins were taken and executed, and a reward of one thousand pounds offered for the apprehension of their employer. Lord Sanquir concealed himself for several 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 these 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. [See "History of the House and Clan of Mackay.">[ 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 con cerned in them. Charles II, on his restoration, also issued a proclamation upon the subject. In his reign an infamous duel was fought—infamous, not only from its own circumstances, but from the lenity that was shown to the principal offenders.
The worthless Duke of Buckingham, having debauched the Countess of Shrewsbury, was challenged by her husband to mortal combat, in January 1668. Charles II endeavoured to prevent the duel, not from any regard to public morality, but from fear for the life of his favourite. He gave commands to the Duke of Albemarle to confine Buckingham to his house, or take some other measures to prevent him flora fighting. Albemarle neglected the order, thinking that the King himself might prevent the combat by some surer means. The meeting took place at Barn Elms, the injured Shrewsbury being attended by Sir John Talbot, his relative, and Lord Bernard Howard, son of the Earl of Arundel. Buckingham was accompanied by two of his dependants, Captain Holmes and Sir John Jenkins. According to the barbarous custom of the age, not only the principals, but the seconds, engaged each other. Jenkins was pierced to the heart, and left dead upon the field, and Sir John Talbot severely wounded in both arms. Buckingham himself escaping with slight wounds, ran his unfortunate antagonist through the body, and then left the field with the wretched woman, the cause of all the mischief, who, in the dress of a page, awaited the issue of the conflict in a neighbouring wood, holding her paramour's horse to avoid suspicion. Great influence was exerted to save the guilty parties from punishment, and the master, as base as the favourite, made little difficulty in granting a free pardon to all concerned. In a royal proclamation issued shortly afterwards, Charles II formally pardoned the murderers, but declared his intention never to extend, in future, any mercy to such offenders. It would be hard after this to say who was the most infamous, the King, the favourite, or the courtezan.
In the reign of Queen Anne, repeated complaints were made of the prevalence of duelling. Addison, Swift, Steele, and other writers, employed their powerful pens in reprobation of it. Steele especially, in the "Tatler" and "Guardian," exposed its impiety and absurdity, and endeavoured, both by argument and by ridicule, to bring his countrymen to a right way of thinking. [See "Spectator," Nos. 84. 97, and 99; and "Tatler," Nos. 25, 26, 29, 31, 38, and 39; and "Guardian," No. 20.] His comedy of "The Conscious Lovers" contains an admirable exposure of the abuse of the word honour, which led men into an error so lamentable. Swift, writing upon the subject, remarked that he could see no harm in rogues and fools shooting each other. Addison and Steele took higher ground, and the latter, in the "Guardian," summed up nearly all that could be said upon the subject in the following impressive words:—"A Christian and a gentleman are made inconsistent appellations of the same person. You are not to expect eternal life if you do not forgive injuries, and your mortal life is rendered uncomfortable if you are not ready to commit a murder in resentment of an affront; for good sense, as well as religion, is so utterly banished the world that men glory in their very passions, and pursue trifles with the utmost vengeance, so little do they know that to forgive is the most arduous pitch human nature can arrive at. A coward has often fought—a coward has often conquered, but a coward never forgave." Steele also published a pamphlet, in which he gave a detailed account of the edict of Louis XIV, and the measures taken by that monarch to cure his subjects of their murderous folly.