Yet this is exactly what the Duellist has to expect, who comes to the field of slaughter, to murder, or be murdered. His soul, harassed with the passions of anger, revenge, and despair, he, with na impious temerity, defies that Being who has expressly said, “Thou shalt not kill,” and perhaps at a time when the burden of his sins is greater than he can bear, sinks with them into the lowest pit of destruction. And what do you think is his motive? To save his honor! A mere aerial bubble, a creature of the imagination, a term not understood by those who sacrifice their lives, and every chance of future happiness to this vain phantom!
Is it not astonishing, nay incredible, that there should be men, who, under pretence of preserving their reputation, should hazard all which they have dear in the world? But admitting this plea, is it the part of a man who is COMPOS MENTIS, to run the risk of forfeiting forever the love, favour, and protection of a Being to whom he is indebted for his existence, and everything he enjoys, in order to preserve the esteem of the ridiculous part of the world? No certainly.
But, the truth is, it is that abominable vice, pride, which is the root of this evil. If a man treats us with some coarse epithets, we must either send him unprepared before the awful tribunal of his GOD, or go there ourselves. Can a man seriously profess and call himself a Christian, who can forgive no injruies, bear with no insults, and receive no affronts with impunity? Does his Maker deal thus with him as he did, a myriad of lives (if he could be so frequently renovated in one person) would not atone for the common transgressions of a tolerably well spent life. But it is no less true than astonishing that it is now the highest fashion to value our own ideal honor, more than the honor of GOD. It, by inducing your men of HONOR to reflect a moment on the dreadful consequences of DUELLING, I should save but one nearly lost sheep. I shall esteem myself exceedingly happy, and bless that merciful and long suffering GOD, who suggested these thoughts to me.
—An anonymously published sermon from the July 7th, 1787 issue of the Newport Herald. One of the most consistent aspects of anti-dueling laws and literature is the idea that dueling is a secular crime against divine law.
Council of Trent in Santa Maria Maggiore church, Museo Diocesano Tridentino, Trento. Late 1700s. Painter unknown.
Justifiable Homicide?: The State Against Dueling
All The Young Dudes
And finally, the court shewing a firm and settled resolution to proceed with all severity against these duels, gave warning to all young noblemen and gentlemen, that they should not expect the like connivance or toleration as formerly have been, but that justice should have a full passage without protection or interruption. Adding, that after a strait inhibition, whosoever should attempt a challenge or combat, in case where the other party was restrained to answer him, as now all good subjects are, did by their own principles receive the dishonour and disgrace upon himself.
—from The Decree Of The Star-Chamber Against Duels. The Star-Chamber was a supplemental but very powerful English court populated by Privy Councilors as well as common-law judges. The Star-Chamber was given the particular charge of upholding the law in cases concerning the nobility and personages of distinction. This particular verdict was reached after a suit was brought to court by the philosopher and lawyer, Francis Bacon. The entirety of Bacon’s charge is contained at the end of this section.
As The World Turns: Part I
The Richard, Ford, from Liverpool to Riga, is totally lost on the Rocks of Fern, a little to the Southward of the Isle of Skye, on the Coast of Scotland; the People were saved.
The Naval Force in the West Indies is to be reinforced by one 50 Gun Ship and three Frigates, which are now getting ready.
The Sally, Burton, from Jamaica and South Carolina, is put into Gosport, having lost her Main Mast, and received other considerable Damage.
Last Week a Remittance was made from Copenhagen to the Bank of £12,000. for the Use of the Queen of Denmark: The Allowance is always sent here, from whence it is remitted to Zell, according to Agreement, and is punctually paid half-yearly.
According to recent Letters from Gibraltar, we hear that all the Barbary Powers are fitting out Ships to join the Emperor of Morocco, from which, and the Dispositions of their Land Forces, the Dispute between the Spaniards and the Moors is not likely to be terminated speedily.
Yesterday a Dispensation passed the Great Seal to the Rev. John Courtail, M.A. Chaplain to Earl Cornwallis, enabling him to hold the Vicarage of Burwash, in Sussex, together with the Rectory of Woodchurch, in Kent, worth £500. per Ann.
On Thursday the University of Oxford conferred the Degree of Doctor of Laws by Diploma, on Mr. Samuel Johnson.
By authentic Letter from Paris we are assured, that Captain H—n, an English young Gentleman of Family and Fortune, who has lived in the Bon Ton at that Metropolis for some Time past, unluckily falling into a Dispute with two Officers of the Black Musquetaires, a Rencounter the next Day happened near St. Cloud, when Captain H—killed his Antagonist upon the Spot, and his Second wounded his Man in a dangerous Manner. Mr .. H—was soon after taken, and sent to the Conciergerie, and notwithstanding the English Resident and many of the Nobility have exerted their Interest in his Favour, we hear the French King is inexorable, and determined to shew no Mercy to Duellists, however distinguished by Rank or Fortune.
A few Mornings since a Duel was fought in Hyde Park between Capt. W—r N—t, and Mr. S—, in Consequence of a Dispute which happened the Evening before at the Bedford Coffee-House. The Captain arrived first in the Park, and Mr. S—coming soon after apologised for having made him wait, and desired him to choose his Ground. “Take as many, or as few Strides as you please, my Dear, said the Captain, and fix your Spot; but I shall stand just where I am.” Mr. S—soon after fired at the, Captain, and supposing his Ball had not taken Place, requested his Antagonist to discharge in his Turn, which he immediately did in the Air, and called upon S—to fire again, but the other penetrated with this Act of Generosity refused, and by the Interposition of the Seconds the Parties shook Hands. Mr. S—then expressed his Surprise, as he had been generally thought S good Marksman, that he should miss the Captain, especially as they stood so near. “O ! for that Matter, returned the latter, you need not be concerned, I have got your Ball here in my Hip,” and immediately shewed the Wound, from whence it was soon after extracted by a Surgeon, and this gallant Officer is in a fair Way of Recovery.
A Letter received Yesterday from Maidstone, mentions, that Mr. Baron Perrott has recovered his Speech, and the Use of one of his Arms, and is expected in Town next Week.
Yesterday Morning a Jew was found dead in his Bed at his Lodgings in Moorfields; on examining him it appeared a Bullet had entered his Body between the Shoulders, from whence it is imagined he had been that in attempting to break open some House; a Number of Pick-lock Keys, a Tinder-Box, and all the Apparatus compleat for that Profession, were found in his Apartment.
Married. Thursday last, at Streatham, Mr. Jesse Gibson, Surveyor, of America Square, to Miss Weston, of Tooting, in Surry.
—from the April 1st, 1775 St. James Chronicle, Or The British Evening News. It might be somewhat inaccurate to characterize this news-bulletin as being “anti-dueling,” as the author is clearly possessed of a romantic attitude when it comes to the subject of dueling. It is amusing to note the juxtaposition of the French monarch’s harsh ban on dueling with the English newspaperman’s description of the dashing exploits of British officers, one of which was against a pair of French Musketeers. It is almost as though the journalist is portraying the monarch as a sore-loser. It is ironic that the English officer should have got the best of a series of these foreign soldiers, as the following year Louis the XVI disbanded the celebrated Musketeers, citing budgetary concerns.
Sign Of The Times
BOSTON, November, 28.
The five following Acts have been passed by the General Assembly of the Massachusetts Bay in New-England, at their Sesson on Adjournment at Boston, July 24th, 1728, which His Ex
cellency the Governour was pleased to give His Assent unto, viz-
An Act for Repealing An Act, Instituted, An Act for punishing and preventing of Duelling, and for making other provision instead thereof.
An Act more Effectually to Secure the Duty on the Importation of Negros.
An Act for the Encouragement of Making Paper.
An Act for Regulating the Ferry between Bristol & Rhode Island.
An Act for Altering the Time for Holding the Court of General Sessions of the Peace, and Inferior Court of Common Pleas within the Counties of Essex, Middlesex and Plymouth.
—Announcement from The Boston News-Letter, November 28th, 1728. It is worth noting that the law against dueling cited in the piece is being revised in order to offer alternative provisions for duelists. One of the difficulties faced by anti-dueling advocates was the accepted status dueling and “points of honor” enjoyed at the time.
As the World Turns—Part II
Paris, Jan. 12, N.S. The Earl Stanhope arrived here the 9th Instant from Great Britain, and waited on the Regent, who received him in such a manner as evidently shewed his great Regard for His Britannick Majesty, and that his Lordships Person and Negotiation in which he is employed, are very acceptable to him. His Lordship has had several Conferences with his Royal Highness, and the Abbot Dubois, Secretary of State, and intends to return in 3 or 4 Days. An Express from America brings Advice that the Spaniards in August last, having retaken Penzacola on the Coast of Florida, which had been taken from them by the French, the latter possessed it again in October last, taking Five Spanish Merchant Ships in that Port.
Hague, Jan. 12, N.S. The States of Holland and West Friesland, have resolved that the States General should be moved to come to a determination, that unless the Grievances of the Protestants in the Palatinate and other places, under the Dominion of Roman Catholick Princes, are redressed within a time to be prefixt, all the Jesuits and others of the Regular Romish Clergy, shall be banish’d out of the Territories of this Republick, and that if within a further Term to be agreed upon, no Redress is obtained for the Protestants, all the Secular Polish Clergy shall be likewise banished, and their Churches shall be shut up, and this Proposal was accordingly made this Day to the States General who have taken it into Consideration.
Whitehall, Jan. 15. The Earl of Stanhope left Paris the 9th Instant I the Evening & Embarked at Calis the 13th at Night; and having Landed the next Morning at Deal, returned hither this Day.
Berne, Jan. 17. The State for preventing private Quarrels, have made a severe Law, against Dueling, and whoever shall deliver a Challenge to another, or give a blow, though in his own Defence, shall for the first fault be imprisoned a Year, the second be for ever banished the Canton. The Party aggrieved by a blow or any Injurious terms, to make his Complaint to the Council, who will order Satisfaction for the Affront. The Canton of Schaffhausen has received a favourable resolution from the Court of Vienna, as to the Differences between that Canton and the Regency of Nellenbourg, which they gratefully acknowledge the good Offices of His Britannick Majesty therein at the Court of Vienna.
ADVERTISEMENTS
A Certain Person has lost in Boston a Silver Picktooth Case, with a Cypher Engraved on one End, whoever will bring it to John Campbell in Corn-hill, Boston, so as the true owner may have it again, shall be well rewarded.
—from The Boston News-Letter, May 18th 1720. It is worth noting that a regional ban on dueling is reported alongside major world news, in a sense, demonstrating the proliferation of the act itself. The personal ad concerning the lost cypher inscribed picktooth (synonym for toothpick) case is included merely for entertainment. It has no bearing on the history of dueling.
The Anti-Duel Lobby
And do, by our signatures hereunto annexed, solemnly pledge ourselves to each other, not to vote at any Election for any man, who, from current fame, or our own private conviction, we shall believe to have sent, accepted, or carried a Challenge to fight a Duel; or to have been in any wise concerned in promoting a Duel, or acting as Second or Surgeon therein, after the date hereof.
“For the better attaining the object of this Association, the affairs thereof shall be conducted by a Committee of—; with a President, Vice-President, Treasurer and Secretary, chosen by themselves out of their own number.—members shall form a quorum.
—from the 1809 announcement of the formation of The Anti-Duelling Association of New York, which was issued in a collection of anti-dueling sermons and tracts by Lyman Beecher (1775–1863). Beecher was a politically progressive Presbyterian minister and father of thirteen children, most notably the writer, Harriet Beecher Stowe. The blank dashes above served as placeholders. This was a form for branches of the Association to use when starting their groups.
Reading II
The Charge of Sir Francis Bacon, Knight, The King’s Attorney-General, Touching Duels
MY LORDS,
I thought it fit for my place, and for these times, to bring to hearing before your lordships some cause touching private duels, to see if this court can do any good to tame and reclaim that evil, which seems unbridled. And I could have wished that I had met with some greater persons, as a subject for your censure; both because it had been more worthy of this presence, and also the better to have shown the resolution I myself have to proceed without respect of persons in this business. But finding this cause on foot in my predecessor’s time, I thought to lose no time in a mischief that groweth every day; and besides, it passes not amiss sometimes in government, that the greater sort be admonished by an example made in the meaner, and the dog to be eaten before the lion. Nay, I should think, my lords, that men of birth and quality will leave the practice, when it begins to be vilified, and come so low as to barber-surgeons and butchers, and such base mechanical persons. And for the greatness of this presence, in which I take much comfort, both as I consider it in itself, and much more in respect it is by his Majesty’s direction, I will supply the meanness of the particular cause, by handling of the general point: to the end that by the occasion of this present cause, both my purpose of prosecution against duels and the opinion of the court, without which I am nothing, for the censure of them may appear, and thereby offenders in that kind may read their own case, and know what they are to expect; which may serve for a warning until example may be made in some greater person, which I doubt the times will but too soon afford.
Therefore, before I come to the particular, whereof your lordships are now to judge, I think the time best spent to speak somewhat (1) of the nature and greatness of this mischief; (2) Of the causes and remedies; (3) of the justice of the law of Eng. land, which some stick not to think defective in this matter; (4) Of the capacity of this court, where certainly the remedy of this mischief is best to be found; (5) touching my own purpose and resolution, wherein I shall humbly crave your lordships’ and assistance.
For the mischief itself, it may please your lordships to take into your consideration that, when revenge is once extorted out of the magistrate’s hands, contrary to God’s ordinance, mihi vindicta, ego retribuam3, and every man shall bear the sword, not to defend, but to assail, and private men begin once to presume to give law to themselves and to right their own wrongs, no man can foresee the danger and inconveniences that may arise and multiply thereupon. It may cause sudden storms in court, to the disturbance of his Majesty and unsafety of his person. It may grow from quarrels to bandying, and from bandying to trooping, and so to tumult and commotion; from particular persons to dissension of families and alliances; yea, to national quarrel: accruing to the not under foresight. So that the State by this means shall be like to a distempered and imperfect body, continually subject to inflammations and convulsions. Besides, certainly both in divinity and in policy, offenses of presumption are the greatest. Other offenses yield and consent to the law that it is good, not daring to make defense, or to justify themselves; But this offense expressly gives the law an affront, as if there were two laws, one a kind of gown law and the o
ther a law of reputation, as they term it. So that Paul’s and Westminster, the pulpit and the courts of justice, must give place to the law, as the King speaketh in his proclamation, of ordinary tables, and such reverend assemblies; the Yearbooks, and statute books must give place to some French and Italian pamphlets, which handle the doctrines of duels, which, if they be in the right, transeamus ad illa, let us receive them, and not keep the people in conflict and distraction between two laws. Again, my lords, it is a miserable effect, when young men full of towardness and hope, such as the poets call “Aurora, filii,” sons of the morning, in whom the expectation and comfort of their friends consisteth, shall be cast away and destroyed in such a vain manner. But much more it is to be deplored when so much noble and genteel blood should be spilt upon such follies, as, if it were adventured in the field in service of t1ae King and realm, were able to make the fortune of a day and change the future of a kingdom. So your lordships see what a desperate evil this is; it troubleth peace; it disfurnisheth war; it bringeth calamity upon private men, peril upon the State, and contempt upon the law.
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