2. If an insult follows an unpolite expression,--if the aggressor
considers himself offended, or if the person who has received the
insult, considers himself insulted,--the case must also be referred to
a meeting.
3. If in the course of a discussion, during which the rules of
politeness have not been transgressed, but in consequence of which,
expressions have been made use of, which induce one of the party to
consider himself offended, the man who demands satisfaction cannot be
considered the aggressor, or the person who gives it the offender. This
case must also be submitted to the trial of chance.
4. But if a man sends a message, without a sufficient cause, in this
case he becomes the aggressor; and the seconds, before they allow a
meeting to take place, must insist upon a sufficient reason being
manifestly shown.
5. A son may espouse the cause of his father, if he is too aged to
resent an insult, or if the age of the aggressor is of great disparity;
but a son cannot espouse the quarrel of his father if he has been the
aggressor.[21]
6. There are offences of such a galling nature, that they may lead the
insulted party to have recourse to acts of violence. Such acts ought
invariably to be avoided, as they can only tend to a mortal combat.
7. The offended party has the choice of arms.[22]
8. When the offence has been of a degrading nature, the offended has
the right to name both arms and duel.[23]
9. When the offence has been attended by acts of violence, the offended
party has the right to name his duel, his arms, the distance, and may
insist upon the aggressor not using his own arms, to which he may have
become accustomed by practice; but in this case, the offended party
must also use weapons in which he is not practised.
10. There are only three legal arms: 1st, the sword; 2nd, the sabre;
3rd, the pistol. The sabre may be refused even by the aggressor,
especially if he is a retired officer; but it may be always objected to
by a civilian.
11. When a challenge is sent, or a meeting demanded, the parties have a
mutual right to the name and address of each other.
12. The parties should immediately after seek their seconds, sending to
each other the names and addresses of their seconds.[24]