If a doubt exist who gave the first offence, the decision rests with the seconds: if they won’t decide or can’t agree, the matter must proceed to two shots, or to a hit, if the challenger require it.
Rule 4.
When the lie direct is the first offence, the aggressor must either beg pardon in express terms; exchange two shots previous to apology; or three shots followed up by explanation; or fire on till a severe hit be received by one party or the other.
Rule 5.
As a blow is strictly prohibited under any circumstances amongst gentlemen, no verbal apology can be received for such an insult: the alternatives therefore are—first, the offender handing a cane to the injured party, to be used on his own person, at the same time begging pardon;—second, firing on until one or both are disabled; or thirdly, exchanging three shots, and then asking pardon, without the proffer of the cane.
If swords are used, the parties engage till one is well blooded, disabled, or disarmed; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon.
N.B. A disarm is considered the same as a disable: the disarmer may (strictly) break his adversary’s sword; but if it be the challenger who is disarmed, it is considered as ungenerous to do so.
In case the challenged be disarmed, and refuses to ask pardon or atone, he must not be killed, as formerly; but the challenger may lay his own sword on the aggressor’s shoulder, then break the aggressor’s sword, and say, “I spare your life!” The challenged can never revive that quarrel—the challenger may.
Rule 6.
If A gives B the lie, and B retorts by a blow (being the two greatest offences), no reconciliation can take place till after two discharges each, or a severe hit;—after which, B may beg A’s pardon humbly for the blow, and then A may explain simply for the lie;—because a blow is never allowable, and the offence of the lie therefore merges in it. (See preceding rule.)