Page:EB1911 - Volume 08.djvu/667

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DUEL
  

attributes their prevalence to the barbarous custom of wearing swords as a part of domestic dress, a fashion which was not introduced till the later part of the 15th century. In 1560 the states-general at Orleans supplicated Charles IX. to put a stop to duelling. Hence the famous ordinance of 1566, drawn up by the chancellor de l’Hôpital, which served as the basis of the successive ordinances of the following kings. Under the frivolous and sanguinary reign of Henry III., “who was as eager for excitement as a woman,” the rage for duels spread till it became almost an epidemic. In 1602 the combined remonstrances of the church and the magistrates extorted from the king an edict condemning to death whoever should give or accept a challenge or act as second. But public opinion was revolted by such rigour, and the statue remained a dead letter. A duel forms a fit conclusion to the reign. A hair-brained youth named L’Isle Marivaux swore that he would not survive his beloved king, and threw his cartel into the air. It was at once picked up, and Marivaux soon obtained the death he had courted. Henry IV. began his reign by an edict against duels, but he was known in private to favour them; and, when de Créqui asked leave to fight Don Philip of Savoy, he is reported to have said, “Go, and if I were not a king I would be your second.” Fontenay-Mareuil says, in his Mémoires, that in the eight years between 1601 and 1609, 2000 men of noble birth fell in duels. In 1609 a more effective measure was taken at the instance of Sully by the establishment of a court of honour. The edict decrees that all aggrieved persons shall address themselves to the king, either directly or through the medium of the constables, marshals, &c.; that the king shall decide, whether, if an accommodation could not be effected, permission to fight should be given; that the aggressor, if pronounced in the wrong, shall in any case be suspended from any public office or employment, and be mulcted of one-third of his revenue till he has satisfied the aggrieved party; that any one giving or receiving a challenge shall forfeit all right of reparation and all his offices; that any one who kills his adversary in an unauthorized duel shall suffer death without burial, and his children shall be reduced to villanage; that seconds, if they take part in a duel, shall suffer death, if not, shall be degraded from the profession of arms. This edict has been pronounced by Henri Martin “the wisest decree of the ancient monarchy on a matter which involves so many delicate and profound questions of morals, politics, and religion touching civil rights” (Histoire de France, x. 466).

In the succeeding reign the mania for duels revived. Rostand’s Cyrano is a life-like modern portraiture of French bloods in the first half of the 17th century. De Houssaye tells us that in Paris when friends met the first question was, “Who fought yesterday? who is to fight to-day?” They fought by night and day, by moonlight and by torch-light, in the public streets and squares. A hasty word, a misconceived gesture, a question about the colour of a riband or an embroidered letter, such were the commonest pretexts for a duel. The slighter and more frivolous the dispute, the less were they inclined to submit them to the king for adjudication. Often, like gladiators or prize-fighters, they fought for the pure love of fighting. A misunderstanding is cleared up on the ground. “N’importe,” cry the principals, “puisque nous sommes ici, battons-nous.” Seconds, as Montaigne tells us, are no longer witnesses, but must take part themselves unless they would be thought wanting in affection or courage; and he goes on to complain that men are no longer contented with a single second, “c’était anciennement des duels, ce sont à cette heure rencontres et batailles.” There is no more striking instance of Richelieu’s firmness and power as a statesman than his conduct in the matter of duelling. In his Testament politique he has assigned his reasons for disapproving it as a statesman and ecclesiastic. But this disapproval was turned to active detestation by a private cause. His elder brother, the head of the house, had fallen in a duel stabbed to the heart by an enemy of the cardinal. Already four edicts had been published under Louis XIII. with little or no effect, when in 1626 there was published a new edict condemning to death any one who had killed his adversary in a duel, or had been found guilty of sending a challenge a second time. Banishment and partial confiscation of goods were awarded for lesser offences. But this edict differed from preceding ones not so much in its severity as in the fact that it was the first which was actually enforced. The cardinal began by imposing the penalties of banishment and fines, but, these proving ineffectual to stay the evil, he determined to make a terrible example. To quote his own words to the king, “Il s’agit de couper la gorge aux duels ou aux édits de votre Majesté.” The count de Boutteville, a renommist who had already been engaged in twenty-one affairs of honour, determined out of pure bravado to fight a twenty-second time. The duel took place at midday on the Place Royale. Boutteville was arrested with his second, the count de Chapelles; they were tried by the parlement of Paris, condemned and, in spite of all the influence of the powerful house of Montmorenci, of which de Boutteville was a branch, they were both beheaded on the 21st of June 1627. For a short time the ardour of duellists was cooled. But the lesson soon lost its effect. Only five years later we read in the Mercure de France that two gentlemen who had killed one another in a duel were, by the cardinal’s orders, hanged on a gallows, stripped and with their heads downwards, in the sight of all the people. This was a move in the right direction, since, for fashionable vices, ridicule and ignominy is a more drastic remedy than death. It was on this principle that Caraccioli, prince of Melfi, when viceroy of Piedmont, finding that his officers were being decimated by duelling, proclaimed that all duels should be fought on the parapet of the Ponte Vecchio, and if one of the combatants chanced to fall into the river he should on no account be pulled out.

Under the long reign of Louis XIV. many celebrated duels took place, of which the most remarkable were that between the duke of Guise and Count Coligny, the last fought on the Place Royale, and that between the dukes of Beaufort and Nemours, each attended by four friends. Of the ten combatants, Nemours and two others were killed on the spot, and none escaped without some wound. No less than eleven edicts against duelling were issued under le Grand Monarque. That of 1643 established a supreme court of honour composed of the marshals of France; but the most famous was that of 1679, which confirmed the enactments of his predecessors, Henry IV. and Louis XII. At the same time a solemn agreement was entered into by the principal nobility that they would never engage in a duel on any pretence whatever. A medal was struck to commemorate the occasion, and the firmness of the king, in refusing pardon to all offenders, contributed more to restrain this scourge of society than all the efforts of his predecessors.

The subsequent history of duelling in France may be more shortly treated. In the preamble to the edict of 1704 Louis XIV. records his satisfaction at seeing under his reign an almost entire cessation of those fatal combats which by the inveterate force of custom had so long prevailed. Addison (Spectator, 99) notes it as one of the most glorious exploits of his reign to have banished the false point of honour. Under the regency of Louis XV. there was a brief revival. The last legislative act for the suppression of duels was passed on the 12th of April 1723. Then came the Revolution, which in abolishing the ancien régime fondly trusted that with it would go the duel, one of the privileges and abuses of an aristocratic society. Dupleix, in his Military Law concerning the Duel (1611), premises that these have no application to lawyers, merchants, financiers or justices. This explains why in the legislation of the National Assembly there is no mention of duels. Camille Desmoulins when challenged shrugged his shoulders and replied to the charge of cowardice that he would prove his courage on other fields than the Bois de Boulogne. The two great Frenchmen whose writings preluded the French Revolution both set their faces against it. Voltaire had indeed, as a young man, in obedience to the dictates of society, once sought satisfaction from a nobleman for a brutal insult, and had reflected on his temerity in the solitude of the Bastille.[1] Henceforward he inveighed against the practice,

  1. Voltaire met the chevalier Rohan-Chabot at the house of the Marquis of Sully. The chevalier, offended by Voltaire’s free speech, insolently asked the marquis, “Who is that young man?” “One,” replied Voltaire, “who if he does not parade a great name, honours that he bears.” The chevalier said nothing at the time, but, seizing his opportunity, inveigled Voltaire into his coach, and had him beaten by six of his footmen. Voltaire set to work to learn fencing, and then sought the chevalier in the theatre, and publicly challenged him. A bon-mot at the chevalier’s expense was the only satisfaction that the philosopher could obtain. “Monsieur, si quelque affaire d’intérêt ne vous a point fait oublier l’outrage dont j’ai à me plaindre, j’espère que vous m’en rendrez raison.” The chevalier was said to employ his capital in petty usury.