Category: Dueling

Tuesday, May 23. 1704.

Numb. 23.
[105]

WE told you in our last, of a Trial at Law, at the Queen’s Bench Bar at Westminster, about a Gentleman’s Assassinating another in the Street, after having twice Challeng’d him, once for himself, once for another Man – and that on a full Tryal, the Assassin was Fin’d 200 Marks, and the other 100 Pounds.

Our Scandalous Club brings a Case before them of another Gentleman, who stabb’d an Honest Man into the Back, as he was going up Stairs.

I have related both these Stories, in Order to compare our Proceedings in such Cases in England, and to shew how much more Justice is to be had in like Cases in France: Not that I would too highly applaud the French Justice, but I should be glad to make an Essay towards an Act of Parliament, for better settling this Matter in our English Laws.

As to Challenging, Assassinating, and the like, the first would have been immediate Death without Mercy, as we have seen in various Instances already, as to Assaulting a Man in the Street with Cane and Sword, endeavouring to force him to fight; I shall not pretend to say what the Court of Honour in France would have awarded in such a Case, but this I can tell, that they have been very severe in like Cases. Continue reading Tuesday, May 23. 1704.

Saturday, May 20. 1704.

Numb. 22.
[101]

OUr last Paper observ’d, that in this Evil of Duelling, as in most other Cases, several Essays were made as a Remedy before it was brought to Perfection. Lewis XIII. made as severe Edicts against it, as any body could expect, having every day some Broil or other among his Nobility; and Cardinal Richlieu claims the Honour of making the first Edict of this Nature.

But there were two Deficiencies in all they Attempted upon that Head, which the Present King of France effectually supplyed.

First, Tho’ the Edict was severe enough, the King suffered himself to be prevailed with, by Intercession, to remit the Execution of the Sentence, till he came to be Insulted in his very Pallace Royal, and have Murthers committed, and Duels fought under the very Windows of his Bed-Chamber.

This serv’d to convince the World, that this Evil was too predominant to be Cured with Common Application; that something out of the Ordinary way of Justice, must be done to suppress so uncommon a Mischief. Continue reading Saturday, May 20. 1704.

Tuesday, May 16. 1704.

Numb. 21.
[97]

THE last Paper insisted upon the Divisions of the Confederacy, being Fatal to their Prosperity, and a Principal Cause of the present Superiority of France, to the rest of Europe.

I presume no body will pretend to call it a false Suggestion, or that it is not too true, that the Confederacy has suffer’d on this Account; If this be not a true Reason, No other can be given, but what will be a Satyr upon the whole Confederacy; since if they were United, and did they Act by Common Concert, it must be Impossible but the French Power, Leagued against by 17 Nations, besides Petty Princes, must, long since, have been reduc’d to Reason.

If then the Divisions of Europe are the Ruin of the Confederacy, they that attempt to Divide them, are accessary to the Destruction of us all, and ought to be Treated accordingly; and there I leave it, to return to the Chain of our Discourse.

I broke off the Articles of the French Authority, over their Subjects, with the Instances of the King’s severe Justice upon Duelling, and the Particulars History and living Testimony give us of the Proceedings in the Courts of Honour. Continue reading Tuesday, May 16. 1704.

Tuesday, May 9. 1704.

Numb. 19.
[89]

IF the Devil had been an Englishman, a Poor Author would certainly have been Reflected on, for saying any thing amiss of him; if a Frenchman, he must have said nothing well of him; one would have been call’d bewraying his own Nest, the other, applauding our Enemies.

Those Gentlemen who give themselves leave to Reproach these Papers with Jacobitism and Bribery, how much asham’d of themselves will they be, when the Book is whole, and all Parts may be viewed together? ’Twill Certainly Reflect both upon their Judgment, their Temper and their Honesty.

Upon their Judgments, that they could not see a Design so plainly laid down as this is, and so often repeated.

Upon their Temper, that they could not have Patience to let one Part of the Story follow another, but pass their Censure upon the Design, when they had seen but part of it.

Upon their Honesty, that they should not be able to bear the Truth, because it was said of their Enemies. Continue reading Tuesday, May 9. 1704.

Saturday, May 6. 1704.

Numb. 18.
[85]

OUR last ended with the Character of the profound Submission made by all the Gentry of France, to the Command of their absolute Monarch; Gentlemen who have travel’d in France too lately for History to come at the Heels of the Fact, tell us very diverting Stories of the Court of the Marshals in Cases of Personal Affronts, and the extraordinary Justice done by way of Reparation in Point of Honour, which the French call L’Amende Honorable.

I have often fancy’d there is something more of the Old Custom, which we call Lex Talionis, in this way of judging, than in any Proceedings I have read of – If I give the Reader the Particulars of some, from the many I have heard, I desire the Favour of the Censorious Part of Mankind to take this with them by the way.

I cannot satisfie my self to say any thing in Print, without either being very sure of my Authorities, or letting the World know upon what Foot, as to Credit, they are to take it. – ’Tis my Opinion, if an Historian relates a Falshood without the due Caution of telling his Reader how he had it, he pawns his own Reputation upon the Truth of it, makes himself answerable, and the Fraud becomes his own.

Wherefore, tho’ I may on the Credit of the Authors, tell the World I believe firmly the Instances I am going to give are Genuine; yet I shall always tell you when I have a Story from a Report of Gentlemen, or from a positive History. Continue reading Saturday, May 6. 1704.

Tuesday, May 2. 1704.

Numb. 17.
[81]

THe Conquest the King of France has made over the Duelling Humour of his Subjects, is the Theme we are upon, and some Digression on that Head has been made to our English Affairs, which as it is what I shall very seldom do, I hope the Reader will excuse.

I might Enlarge here on the vulgar Errors of Behaviour, and the Mistaken Notions Men have Entertain’d by the Folly of Custom, concerning Honour, Gallantry, and Courage; but History is rather my Business, and I shall make as few Excursions as Possible.

I have met with some that will alledge, The King of France has several times broken his Oath in the matter of Duelling, and the Severity with which he Threatn’d his Subjects, has been Mitigated frequently, and in particular in the Case of Monsieur de St. A.–, who, at the Intercession of Madam de Montespan, and just at the time when his Majesty was more particularly a Captive to that Lady, was recall’d from Banishment, and admitted to his Favour. – But those who defend the King’s Honour in this Case, tell us, The King was acquainted, that this Gentleman tho’ he fled, was not Actually in the Affair. The Business in short was thus: There had been two or three Families Embroiled in the Quarrel, and in spight of all the Terror of the King’s Edict and Oath, they met in an Island of the Sein, and Fought rather a little Battail, than a Duel, for they met six or eight of a side, and two or three were kill’d, the rest shifted.

This Gentleman having so strong an Intercessor, obtain’d his Majesty’s License to come Home and take his Tryal, in Order to Convince his Majesty that he was Innocent: I won’t say but things might be subtilly manag’d, and that Powerful Lady Order’d all things in such manner, that tho’ it was too well known he was Wounded in the Action, yet before the Judges it was made very clear, that he was Innocent of all the matter. ’Twas prov’d that he advis’d the Gentleman not to meet, and refus’d to be concern’d, and several such Circumstances, by Dexterity of Management, and no body coming in to Prosecute, he was absolutely clear’d of the Fact, by the Process of the Law. Continue reading Tuesday, May 2. 1704.

Saturday, April 29. 1704.

Numb. 16.
[77]

SUch is the Partiality of Mens Humours, that I must not Attempt to say any thing that is well of an Enemy, without a previous Assurance, that I am not going over to his Party: ’Tis something hard that a Man cannot be allow’d to own any thing that’s Honourable in the Man we fight with, tho’ he has Signaliz’d himself to all the World in the Fact, and all Men must allow it to be true.

Some reply, But tell us, then, the Criminal things he has done; as you have shewn us his bright, shew us his dark side; be Impartial, and as we see the Hero, let us see the Tyrant too.

Why really, Gentlemen, I am afraid I shall never please you that way neither; for that tho’ I pretend to speak as plain English as any-body, and too plain for some People; yet possibly when I come to it, I may not call him all the Monsters, and Barbarous Perjured Tyrants, at least in Express Terms, as some People may expect from me.

And yet I shall go near to do the World Justice as to that part of the French Affairs too, but one part must come before another, and the Reader must have Patience; he that will not, is desired to let this Paper alone, and ought indeed neither to read this nor any thing else. Continue reading Saturday, April 29. 1704.

Saturday, April 22. 1704.

Numb. 14.
[69]

THE impossibility of Relieving the Camisars, tho’ we were heartily willing to joyn in such an undertaking, seems to me so plain, that I never found any feasible Project laid down for the bringing it to pass.

Those who expected the Confederate Fleet when they went into the Straights, should relieve the Camisars, and reproach’d our Government for their coming back before it was effected; shew’d their want of Judgment, as well as their want of Manners.

The Mountains of the Cevennes being at least 25 Leagues from the Sea-Coast, and the nearest Places on the Coast altogether unfit to receive a Fleet; no Port, no Harbour for the Ships to ride in; no Town or Fort to Land any Forces; ’tis strange to me what those People expected.

The Mareshal de Montrevel lay about Nismes, and as any one who knows the Scituation“Scituation” is a relatively consistent alternative spelling for “situation.” Since both occur frequently the word will be rendered as printed in this edition. of the Country will allow, either was, or on the least Alarm, might be Posted with his Army between the Cevennois and the Sea, so that whatever force had Attempted their Relief, must at least have been strong enough to have fought the French Army; and allow that Army had been but 12000 Men, all Men know, that Sir Cloudesly Shovel did not go furnish’d to fight a Land Army of half that Force. Continue reading Saturday, April 22. 1704.