Chatelain’s remarks on this subject are also worthy of quotation: “It is a long time since the controversy on duelling was exhausted: all that has as yet resulted from the discussion is, that its adversaries have triumphantly demonstrated the barbarity of the custom; nevertheless, duelling has not been discontinued, but has, as in former times, exercised its fatal influence, and levied from society an annual tribute of blood and tears. Philosophy has exerted its best endeavours, and has triumphed in the presence of reason; but receded before the tyranny of prejudice, and the tenacity of custom. What resources, then, are left to those who would still strive in the cause of humanity to exert themselves further? The coercive influence of the law has been found as ineffectual as the persuasive power of reason; how, then, shall we stem the tide of opinion? For three centuries, legislation and philosophy have been unsuccessful; therefore, since we must submit to an irresistible evil, let us seek to limit its sphere of action. Let us trace rules which shall not be infringed, and define the exigences of the point of honour, by warning sensible men against an exaggeration of susceptibility, and by determining on invariable rules the duties of seconds, whose inexperience on these occasions may become so fatal, but whose wisdom and firmness may in many cases prevent the most calamitous results.”
CHAPTER XVII.
DUELS IN ITALY.
In the commencement of this work I have endeavoured to show that the practice of duelling was unknown amongst the ancient Romans; for although, as I have observed, various combats have been recorded between individuals who had stepped out of the ranks of their army to sustain the honour of their country, yet they cannot be considered in the light of duels, as no private resentment or personal wrongs had to be gratified or revenged. Such were the combats of Manlius Torquatus and Valerius Corvinus.
It was after the irruption of the northern barbarians that these savage hordes, after putting to the sword as many victims as they could immolate, turned against each other their blood-stained arms; and historians relate that, after the failure of the Goths in their attack upon Rome in 405, upwards of thirty thousand of these barbarians destroyed each other on their retreat. It was after the progress of Christianity amongst these fierce invaders that these scenes of murder gradually ceased to prevail, as appears by the following letter of Theodoric to the rude tribes of Hungary.
“It is against the common enemy that you should display your valour, and not against each other. A slight difference between you should not lead you to such an extremity; but confide in that justice which constitutes the joy and the tranquillity of the world. Why have recourse to duels, when public officers are not venal, and the judges in my dominions are incorruptible? Lay down your arms, since you have no enemies to contend with. You commit a crime in raising your weapons against relations for whom you should be proud to perish. And why use an armed hand, when you have a tongue to plead your cause? Imitate the Goths, who know how to conquer the foreigner, but who cultivate moderation and peace amongst themselves.”
That this injunction was rendered necessary by the ferocity of the tribes to whom it was addressed, appears evident from a manuscript lately discovered at Cassel in Westphalia, in which was a fragment of a poem, describing a duel between a father and a son under the reign of Theodoric.
Notwithstanding the wise enactments of this prince, during the wars of extermination that followed his reign these lamentable excesses were renewed in all their horror; and in the annals of the Lombards we find numerous traces of the prevalence of duelling, both in Cisalpine Gaul and in Germany. According to the laws of Rotharis, single combat was admitted as legal proof; and when a man had held the property of another for five years, the latter could only claim its restitution by a duel; and in litigation amongst women, they had the privilege of naming a champion to dispute their rights.
One of the most celebrated duels of that country took place in 626, to maintain the innocence of Queen Gundeberge, wife of Kharoald, King of Lombardy, which I have already related.