The Uncollected Writings of Thomas de Quincey, Vol. 2: With a Preface and Annotations by James HoggDe Quincey, Thomas
General
The Uncollected Writings of Thomas de Quincey, Vol. 2: With a Preface and Annotations by James Hogg
De Quincey, Thomas
English literature
_First_, then, let him remember that it is the principle at stake--viz.,
the recognition by a legal tribunal, as lawful or innocent of any
attempt to violate the laws, or to take the law into our own hands: this
it is and the mortal taint which is thus introduced into the public
morality of a Christian land, thus authentically introduced; thus sealed
and countersigned by judicial authority; the majesty of law actually
interfering to justify, with the solemnities of trial, a flagrant
violation of law; this it is, this only, and not the amount of injury
sustained by society, which gives value to the question. For, as to the
injury, I have already remarked, that a very trivial annual loss--one
life, perhaps, upon ten millions, and that life often as little
practically valuable as any amongst us--that pays our fine or ransom in
that account. And, in reality, there is one popular error made upon this
subject, when the question is raised about the institution of some
_Court of Honour_, or _Court of Appeal in cases of injury to the
feelings_, under the sanction of parliament, which satisfactorily
demonstrates the trivial amount of injury sustained: it is said on such
occasions that _de minimis non curat lex_--that the mischief, in fact,
is too narrow and limited for the regard of the legislature. And we may
be assured that, if the evil were ever to become an extensive one, the
notice of Parliament soon _would_ be attracted to the subject; and hence
we may derive a hint for an amended view of the policy adopted in past
ages. Princes not distinguished for their religious scruples, made it,
in different ages and places, a capital offence to engage in a duel:
whence it is inferred, falsely, that, in former times, a more public
homage was paid to Christian principle. But the fact is, that not the
anti-Christian character of the offence so much as its greater
frequency, and the consequent extension of a civil mischief was the
ruling consideration with the lawgiver. Among other causes for this
greater prevalence of duels, was the composition of armies, more often
brought together upon mercenary principles from a large variety of
different nations, whose peculiar usages, points of traditional honour,
and even the oddness of their several languages to the ear, formed a
perpetual occasion of insult and quarrel. Fluellen's affair with Pistol,
we may be sure, was no rare but a representative case.
Public-domain text, read in full here on John Shaqi.
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