The penalties of the civil law I knew to be still more severe; and yet John Selden, one of England's most able, learned, and patriotic lawyers, says that "a duel may still be granted by the law of England, and only then. That the Church allowed it once appears by this: in their public liturgies there were prayers appointed for the duellists to say; the judge used to bid them to go to such a church and pray, &c. But whether this is lawful? If you make war lawful, I make no doubt to convince you of it. War is lawful because God is the only judge between two that are supreme. Now, if a difference happen between two subjects, and it cannot be decided by human testimony, why may they not put it to God to judge between them, with the permission of the prince? Nay; what if we should bring it down—for argument's sake—to the sword. One gives me the lie: it is a great disgrace to take it; the law has made no provision to give remedy for the injury (if you can suppose anything an injury for which the law gives no remedy), why am not I, in this case, supreme, and may, therefore, right myself?"
While Beverley and I began to talk over such things, Studhome was, as he phrased it, "bringing Berkeley to book" in the affair.
He found that gentleman in rather a perturbed state of mind, soothing himself with a cigar, as he lounged in his vest and trousers on a luxurious sofa, in his elegantly-furnished room, the walls of which were covered with coloured engravings of horses and ballet-girls. A tall crystal goblet on the table bore evident traces of brandy and seltzer-water having been recently imbibed therefrom.
"So, after all that has occurred, you won't meet Norcliff, as he wishes?" asked Jack, after the matter had been thoroughly gone into.
"Aw—decidedly not," said he, emitting his words and a slender volume of smoke slowly together.
"In Britain, at least, as the law stands now, I can scarcely blame you, Mr. Berkeley," said Studhome, stiffly; "but as the orders from London stand, we are soon to leave, and something must be done in the matter; for, as it is at present, you cannot both remain in the same regiment."
"Aw—doocid good that," replied Berkeley, twirling up his moustache; "but—aw—who is the muff that is to quit it, now that we have orders of readiness?"
"You, sir," said Jack, rather perplexed.
"Thank you; but—aw—beg to decline. And this mysterious something which must be done—aw—eh?"
"I would recommend a candid confession on your part; such an explanation, in writing, as my friend, Captain Norcliff, may show to Lady Loftus and then commit to the flames, or return it to you."