It was with this view that courts of honour were instituted, in
which the marshals of France sat as supreme judges, and, after due
investigation, ordered that such satisfaction should be given as the
case might require, in addition to the penalty of incarceration,
fine, or banishment, according to the nature of the provocation; and
in various instances guards were sent to the houses of the offenders
guilty of a contempt of court, who were obliged to maintain them for
a considerable length of time. Although the institution of courts of
honour, composed of the marshals of France, is attributed to Louis XIV,
a similar enactment took place in 1566, in the reign of Charles IX.
In theory, nothing could be more plausible than these enactments.
They were received by the nation with that enthusiasm which usually
attends upon any innovation; even the Academy granted a prize-medal
to the author of a successful poem on the abolition of duelling. In
practice, however, the law was far from attaining its desirable end.
The prejudices and false views of honour had too long prevailed to be
easily eradicated, and human passions sought every possible expedient
to elude these wise and humane provisions; it might also have been
easily foreseen, that, the novelty of the proceedings of the court
of honour once having ceased to be popular, the judges themselves,
being soldiers, punctilious on such points, which from early youth
they had considered as demanding the satisfaction of an appeal to
arms, gradually relaxed. It must also be considered that the sovereign
himself was a warlike prince, who had imbibed similar ideas from his
early days; and moreover, as has been very justly observed, that, while
he thus fulminated his royal anathema against duelling, he issued
patents to fencing-masters to allow them to exercise their craft. The
courtier well knew, that, if he screened himself from resenting an
injury under the sanction of the law of the land, the laws of society
would brand him as a coward, and the sovereign himself would withdraw
his countenance in court and camp. Nor can we be surprised at the
difficulty of checking these excesses, which were incessantly fomented
by civil and religious discord; such was the hostility that prevailed
amongst churchmen and their followers, that processions of religious
bodies not only frequently attacked each other in the streets with the
most virulent language, but actually came to blows, and fought with
crucifixes, banners, and censers in Notre Dame and the holy chapel,
pelting each other with prayer-books and missals,--a combat that
Boileau has ludicrously described in his “Lutrin;” it was observed
that the most serious ecclesiastical fray of this nature took place in
the church of Notre Dame, on the very day when Louis XIII. placed the
kingdom under the special protection of the Virgin Mary.