The History of Duelling. Vol. 1 (of 2)Millingen, J. G. (John Gideon)
Philosophy
The History of Duelling. Vol. 1 (of 2)
Millingen, J. G. (John Gideon)
Dueling
“Whereas it does appear that there are persons of ignoble birth,
and who have never borne arms, yet are insolent enough to call out
gentlemen who refuse to give them satisfaction, justly grounding their
refusal on the inequality of their conditions; in consequence of which
these persons excite and oppose to them other gentlemen of like degree,
whence arise not unfrequently murders, the more detestable since they
originate from abject sources; we do hereby will and ordain, that in
all such cases of challenge and combat, more especially if followed
by serious wounds or death, such ignoble and low-born citizens, duly
convicted of having caused or promoted such disorders, shall be
forthwith, and without any remission, hanged and strangled; all their
goods and chattels, &c. confiscated; and we, moreover, do allow our
judges to dispose of such part of this confiscated property as they
may deem meet, as a reward to all informers who may give due knowledge
of such offences; that, in the commission of a crime so deserving of
condign punishment, every one may be induced to make proper revelation.”
It does not appear, however, that these interdictions produced the
results that might have been expected from their severity; for in 1679
came out the celebrated _Edit des Duels_, which denounces the penalty
of death on all principals, seconds, and thirds, with greater or less
confiscation of property as royal droits: gentlemen being deprived of
their letters of nobility, and their coats of arms defaced, blackened,
and broken by the public executioner; those who fell in duel being
tried by _Contumacy_, and their bodies drawn on a hurdle, and cast into
the common receptacle of nuisances, being thus deprived of Christian
burial. A simple challenge was punished by banishment, and confiscation
of one half of the offender’s property. In regard to all bearers of
messages, or servants who had attended upon their masters on such
occasions, and who formerly were to be hanged, this edict mercifully
condemned them to be only whipped, and branded with _fleur de lis_.
Historians relate that the law was in general _strictly_ put into
execution in the latter case.
Other penalties were inflicted by a court of satisfaction and reprisal.
A lawyer who insulted another was subjected to very severe penalties;
giving the lie, striking with hand or stick, were acts that subjected
the offender to imprisonment, with the obligation of making ample
apology to the offended when released from confinement; and not
unfrequently the injured party was allowed to inflict a castigation
similar to the one he had received.
Public-domain text, read in full here on John Shaqi.
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