CHAPTER XV.
CODE OF DUELLING ESTABLISHED IN FRANCE.
We have seen that France has ever held out an example in duelling; and the rules which were established in that country, at various periods, to regulate these hostile meetings, have generally been considered as precedents in other countries; more especially on the continent of Europe.
The French admit three sorts of offences: 1st, a simple offence; 2nd, an offence of an insulting nature; and, 3rd, an offence with personal acts of violence. In these cases, they have established the following rules; which, indeed, so long as duelling is tolerated, may be considered most judicious, and such as should regulate the arrangements of all quarrels.
1. If in the course of a discussion an offence is offered, the person who has been offended is the injured party. If this injury is followed by a blow, unquestionably the party that has been struck is the injured one. To return one blow by another of a more serious nature,—severely wounding, for instance, after a slap in the face,—does not constitute the person who received the second blow, however severe it may have been, the party originally insulted. In this case, satisfaction may be demanded by the party that was first struck. Such a case must be referred to the chances of a meeting.
2. If an insult follows an unpolite expression,—if the aggressor considers himself offended, or if the person who has received the insult, considers himself insulted,—the case must also be referred to a meeting.
3. If in the course of a discussion, during which the rules of politeness have not been transgressed, but in consequence of which, expressions have been made use of, which induce one of the party to consider himself offended, the man who demands satisfaction cannot be considered the aggressor, or the person who gives it the offender. This case must also be submitted to the trial of chance.
4. But if a man sends a message, without a sufficient cause, in this case he becomes the aggressor; and the seconds, before they allow a meeting to take place, must insist upon a sufficient reason being manifestly shown.
5. A son may espouse the cause of his father, if he is too aged to resent an insult, or if the age of the aggressor is of great disparity; but a son cannot espouse the quarrel of his father if he has been the aggressor.[21]