It was illegal to fight duels, but the law was seldom acted on. Still, it was put in force when appealed to. '25 Feb. 1703. Upon Notice given, that Sir Stafford Fairborn and admiral Churchill designed to fight a Duel, they were both Confined, to prevent the same.'
Whilst on this subject, notice of two famous duels fought in this reign must not be omitted—those between Col. Thornhill and Sir Cholmley Dering, and between the Duke of Hamilton and Lord Mohun; because they throw so much light on the then procedure in these matters.
Swift[613] notices the former thus: 'Dr. Freind came this morning to visit Atterbury's lady and children as physician, and persuaded me to go with him to town in his Chariot. He told me he had been an hour before with Sir Cholmley Dering, Charles Dering's nephew, and head of that family in Kent, for which he is Knight of the Shire. He said he left him dying of a pistol Shot quite through the body, by one Mr. Thornhill. They fought at sword and pistol this morning in Tuttle Fields; their pistols so near, that the muzzles touched. Thornhill discharged first, and Dering having received the shot, discharged his pistol as he was falling, so it went into the Air.'
This duel created an immense sensation at the time, and several accounts of the trial, etc., are preserved. From one of these[614] we will take our facts, premising that the trial took place at the Old Bailey, May 18, 1711. 'The first Evidences were such as related to the quarrel, begun at the Toy at Hampton Court April 27th past, who depos'd that at an Assembly of about Eighteen Gentlemen met there at that Time, a Difference happen'd between the Deceas'd and the Prisoner, upon their struggling and contending with each other, the Wainscoat of the Room broke in, and Mr. Thornhill falling down, had some Teeth struck out by Sir Cholmley Deering's stamping upon him; that upon this, the Company immediately interpos'd to prevent further Mischief; and Sir Cholmley being made sensible of his fault, declar'd himself ready to ask Mr. Thornhill's Pardon which he did not think sufficient for the injury done him in beating out his Teeth; but upon his requiring further Satisfaction, Sir Cholmley reply'd, He did not know where to find him, which Mr. Thornhill said 'twas a Lie; soon after this the company broke up, and 'twas observ'd that those Two Gentlemen went home in different Coaches.
'It appeared that after this the Deceas'd made overtures of Accommodation.'
At the trial the doctors deposed that Thornhill's injuries were very severe, that he had had fever, and might have died, had he not had an excellent constitution. As soon as he recovered a little, he sent his antagonist the following challenge.
'May the 8th, 1711.
'Sir, I shall be able to go Abroad to Morrow Morning, and desire you would give me a Meeting with your Sword and Pistols, which I insist on; the Worthy Gentleman my Friend, who brings this, will concert with you for the Time and Place. I think Tuttle Fields will do well, Hide Park will not, this Time of the Year being full of Company.
'I am, Your Humble Servant,
'Richard Thornhill.'
His servant deposed that on the morning of the 9th of May 'Sir Cholmley came into his Master's dining Room with a Brace of Pistols in his Hands; upon which he inform'd his Master, Sir Cholmley was there; who thereupon came to him, and ask'd Sir Cholmley if he would drink a Dish of Tea, which he refus'd, but drank a Glass of Small beer. Mr. Thornhill having dress'd himself, they went together in a Hackney Coach to Tuttle Fields. Upon their being there, the Evidence depos'd, That they Came up like Two Lions with their Pistols advanc'd, and when within Four Yards of each other, discharg'd so equally together, that it could not well be discover'd who Shot first.'