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CHAPTER XV. CODE OF DUELLING ESTABLISHED IN FRANCE.
We have seen that France has ever held out an example in duelling; and the rules which were established in that country, at various periods, to regulate these hostile meetings, have generally been considered as precedents in other countries; more especially on the continent of Europe.
The French admit three sorts of offences: 1st, a simple offence; 2nd, an offence of an insulting nature; and, 3rd, an offence with personal acts of violence. In these cases, they have established the following rules; which, indeed, so long as duelling is tolerated, may be considered most judicious, and such as should regulate the arrangements of all quarrels.
1. If in the course of a discussion an offence is offered, the person who has been offended is the injured party. If this injury is followed by a blow, unquestionably the party that has been struck is the injured one. To return one blow 275 by another of a more serious nature,—severely wounding, for instance, after a slap in the face,—does not constitute the person who received the second blow, however severe it may have been, the party originally insulted. In this case, satisfaction may be demanded by the party that was first struck. Such a case must be referred to the chances of a meeting.
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 276 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 277 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
13. Honour can never be compromised by the offending party admitting that they were in the wrong. If the apology of the offending party is deemed sufficient by the seconds of the offended; if the seconds express their satisfaction and are ready to affirm this opinion in writing; or if the offender has tendered a written apology, considered of a satisfactory nature;—in such a case, the party that offers to apologise ceases to be the offender; and if his adversary persists, the arms must be decided by drawing lots. However, no apology can be received after a blow. An amicable arrangement of a quarrel should take place before the parties meet on the 278 ground, unless circumstances prevent a prior interview. Howbeit, if when upon the ground, and even when armed, one of the parties thinks proper to apologise, and the seconds of the offended party are satisfied, it is only the party that tenders the apology upon whom any future unfavourable reflections can be cast.
14. If the seconds of the offending party come to the ground with an apology, instead of bringing forward their principal, it is only to them that blame can be attached, as the honour of their principal was placed in their hands.
15. No challenge can be sent by collective parties. If any body or society of men have received an insult, they can only send an individual belonging to it to demand satisfaction. A message collectively sent, may be refused; but the challenged party may select an antagonist, or leave the nomination to chance.
16. All duels should take place during the forty-eight hours that have succeeded the offence, unless it is otherwise stipulated by the seconds.25
17. In a duel with pistol or sabre, two seconds to each combatant are indispensable: one will suffice when the sword is used. 279
18. It is the duty of the seconds to decide upon the necessity of the duel, and to state their opinions to their principals. After having consulted with them in such a manner as not to allow any chance of avoiding a duel to escape, they must again meet, and exert their best endeavours to settle the business amicably. If they fail in this attempt, they must then decide upon arms, time, place, distance, and mode of fighting; and at the same time they must endeavour to come to some arrangement regarding any difficulties that might arise, when the parties are on the ground.
19. Seconds are not witnesses; and each second should have a witness.26
20. No second, or witness, shall become a principal on the spot. Any insult received by them constitutes a fresh offence.
21. The seconds should not remain more than ten minutes on the ground without a combat.
22. The seconds in a duel with swords, may request that the offended party shall be allowed to ward off a lounge with the left hand. This, however, may be refused by the seconds of the aggressor.
23. The seconds of the aggressor may, if they think proper, refuse to fire by signal, if the aggressor had not struck his antagonist. 280
24. The seconds must determine whether the combatants in sword duels shall be allowed to take breath.
25. The seconds will also decide (without acquainting their principals of this decision), whether the parties are to be separated after the first wound. In this arrangement, they will be guided by the nature of the quarrel.
26. They will also decide whether a fencing-glove, or any other article to wrap round the hand, is to be allowed; a string,27 or a common glove, are always allowed.
27. The seconds are never to let their principals know that they are of opinion that the nature of the insult received is such as to render a mortal combat necessary.
28. The seconds may refuse the sword if the principal is unable to use it from any infirmity, unless the offended party has received a personal injury.
29. The seconds of a person blind of one eye, may object to the pistol, unless the aggressor had struck him.
30. The sword or sabre may be declined by the seconds of a person with only one leg or arm.
31. The seconds of a young man shall not allow him to fight an adversary above sixty years of age, unless this adversary had struck him; and, in this case, his challenge must be accepted 281 in writing. His refusal to comply with this rule is tantamount to a refusal to give satisfaction, and the young man’s honour is thereby satisfied.
32. If any unfair occurrence takes place in a duel, it is the duty of the seconds to commit the circumstance to paper, and follow it up before the competent tribunals, when they are bound in honour to give true evidence.
33. It is the duty of seconds to separate the combatants the very moment that the stipulated rules are transgressed.
34. A father, a brother, a son, or any relation in the first degree, cannot serve as second, for or against his relative.
35. In sword duels, the seconds will mark the standing spot of each combatant, leaving a distance of two feet between the points of their weapons. The standing ground to be drawn for by lots.
36. The swords must be measured to ascertain that they are of equal length. In no instance must a sword with a sharp edge or a notch be allowed.
37. The combatants will be requested to throw off their coats, and to lay bare their breasts, to show that they do not wear any defence that could ward off a thrust. A refusal to submit to this proposal is to be considered a refusal to fight. 282
38. The offended party can always use his own weapons, if they are considered of a description fitting the combat. If, on comparing arms, the swords should be found to differ, the choice must be decided by chance, unless the disproportion is of a material nature.
39. When the hand is wrapped up in a handkerchief, an end of it is not to be allowed to hang down: should the party refuse to draw it up, the seconds may insist that he throws it off altogether, and is only allowed a sword-knot.28 If fencing-gloves are allowed, and one party declines their use, the other is not to be deprived of them; but, if only one glove has been brought to the ground, it cannot be used.
40. When the combatants are on the ground, the seconds are to explain to them all the stipulated arrangements, that they may not deviate from them on the plea of ignorance. This being done, the signal of attack is given in the word “Go” (allez); but, if before this signal, the parties have already crossed swords, the signal is not necessary; but the first who advanced without it is liable to censure.
41. The seconds shall hold a sword or a cane, bearing the point downwards, and, standing close to each combatant, be prepared to stop the combat 283 the moment that the rules agreed upon are transgressed.
42. Unless previously stipulated, neither of the combatants shall be allowed to turn off the sword of his adversary with the left hand: should a combatant persist in thus using his left hand, the seconds of his adversary may insist that the hand shall be confined behind his back.
43. In a sword duel, the combatants are allowed to raise themselves, to stoop, to vault to the right or to the left, and turn round each other.
44. When one of the combatants exclaims that he is wounded, or that a wound is perceived by his second, the combat is to be stopped; with the consent of the wounded man, the combat may be renewed.
45. If the wounded man, although the combat is ordered to be stopped, shall continue to press upon his adversary with precipitation, this act is tantamount to his desire to continue the conflict, but he must be stopped and reprimanded. If, under similar circumstances, the combatant that is not wounded continues to press on his antagonist, although ordered to stop by the seconds, he must immediately be checked by them, and considered as having infringed the stipulated rules.
46. When a second raises his sword or cane, it must be considered as the signal to stop; 284 in such cases, the other second shall cry out “Stop,” when the parties must recede one step, still remaining in guard.
47. In pistol duels the nearest distance should be fifteen paces. The sight of the pistol should be fixed, and not more than fifteen lines difference be allowed in the length the barrel: it is also desirable that the barrel should not be rifled, and that the pistols should be of a similar description.
48. The stand of each comba............
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