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.
I thought to have furnish’d the Reader with the particular Ordonnance du Roy, Publish’d in France on the Erecting of the Court of Honour, under Jurisdiction of the Mareshals of France, in which is contain’d, the Articles by which they are to judge in all Cases that can be ascertain’d.
But I am forc’d to give this Testimony to the World, that I hold no Correspondence with the Enemy, in that having not been able to furnish my self with this small piece in Town, I must acknowledge that I cannot get it over from France.
But if the Time should ever come, while these Volumes are running, that it can be obtained, it shall be Printed by way of Appendix to this Volume, to which the Collectors of these Papers are refer’d.
In the mean time I shall only give a short Abridgment from my own memory of what the Edict directs.
I. It Inderdicts all manner of Duelling, or Challenging to Duel, upon any Account whatsoever, and Declares that it shall be Capital, and be punish’d with Death, without Mercy, for any Man to fight with another, whether as Principal or Second, or so much as to send a Challenge to fight on any occasion whatsoever; Declaring, that His Majesty was Resolv’d, and had taken a Solemn Oath, never to Grant his Pardon, [98] to any Person of Quality whatsoever, tho’ it were a Prince of the Blood, that should Infringe this Article.
Subsequent to this General Prohibition, is the Erecting a Court of Honour, wherein such Express Articles are set down, for Reparation of Personal Affronts, that it is now no Reproach for a Man to refuse a Challenge, and make his Complaint to the Proper Magistrates, where he never fails of what they call L’Amende Honorable; or, a Gentleman-like Satisfaction.
The Power of Judging in these Cases is Committed to all the Mareshals of France, who are a Sovereign Court without Appeal.
These delegate their Power to every Governour of a Province, and they to the Deputy Governour, or Lieutenant du Roy, and under them every Governour of a Town, or Castle, or every subordinate Magistrate in their Turn, have Power to hear and determine, in Case of Personal Injury; and if the Person Sentenc’d by this Power, finds himself aggriev’d, he may appeal to the Mareshals themselves.
If there be a Mareshal of France in or near the Place, where any such Fray happens, no Man can hear or decide without special Licence from the said Mareshal.
In all Cases, where the Fact is not Ascertain’d by the Articles, the Sentence is in the Breast of the Principal Magistrates, and the Person Censured has no Redress, but by Appeal as before.
In Cases of Private Assault it has been known, that a Person has been Sentenc’d to lie 20 Years in Prison, besides other Reparation; but these have been when a Man has been very foully used, as we have a very particular Story in the remembrance of some Gentlemen now alive, who can Vouch to the Truth of it.
A Certain Gentleman who thought himself affronted by another, took occasion to come to his Lodging, and hearing he was not up, goes up into his Chamber, and Caned him severely in his Bed.
As the Action made a great Noise in the Town, it was brought by the Injured Gentleman’s Friends, before the Mareshal de Belfond, who having made a Deputation for the hearing the Cause, They came to this Resolution, which was approved by the Mareshal.
They Condemn’d the Gentleman to lie in Prison seven Years, to pay a Fine of – Livres, I cannot Relate exactly the Sum; and as Amende Honorable to the Person Injured, He was ordered to come to his House, and in the Presence of as many Gentlemen as the other thought fit to have present, he was to ask his Pardon on his knees, the Gentleman standing over him with a Cane in his hand, having Liberty given him, to give him the same Number of blows he had receiv’d from him.
The Sentence in this Case is never Mitigated, but upon the Intercession of the Person Injured, and so it was in this Instance.
The Gentleman came and begg’d Pardon, 14 or 15 Gentlemen present; the Injured Person held up the Cane, but did not offer to strike him; and being afterwards Committed to Prison, according to the Sentence, the Person Injured sign’d a Petition for his Enlargement; so he lay in Prison not above 3 Months.
I cannot omit owning here, that ’tis not the Laws, but the severe Executing them, that makes the present King of France’s Attempt against Duelling more Effectual, than the like Edicts of his Predecessors; for Lewis XIII. Father of the Present King, had made as severe an Edict as this, but not having taken the same Resolution for its severe Execution, and not having made the same Provision for the Points of Honour, they all prov’d Ineffectual, and we have found Duels fought within the very Verge of the Pallace, in spight of all the pretended Severities of the Prince: of which our next shall be more particular.
[99]
ADVICE from the Scandalous CLUB.
I Promised the Publick to enter into the further clearing up the Honesty of our Society, and thought some time ago to have went upon that Head, but having the Honour of some Testimonials, to the Approbation of our Undertaking, which are abundantly Satisfactory, I shall be shorter on this Head, than I design’d.
The Author of this, is told very Angrily in Print, of making sport with his Neighbour’s Misfortunes, and some Gentlemen have tax’d him with a breach of Civil Society, and take the freedom to say, That at this rate, no Man will keep him Company.
I profess my self very apt to be concern’d at the Censure of my Friends, and tho’ I really know none of the Gentlemen, who give this as their Opinion, yet to the general, I must say this;
I think my self so much a Friend to Civil Society, that as I never did, so I am perswaded I never shall do any thing that will be Destructive to it; and I know no Friends I keep Company with, who are likely to Commit any thing so Absurd or Scandalous, as to fear or deserve being brought before the Club – And without offence to any, for I profess I know not the Complainers; those Gentlemen who on that score, shun the Author’s Company, will never find him Coveting to come into theirs; and tho’ I thank God I do not know what it is, yet I believe a Man cannot Arrive to a more Contemptible Condition in the World, than to have Wise Men slight his Conversation; and abating the Crime, I know not any thing such a Man has left to do in this World, but to rid himself out of it, which at present I see no occasion for.
As for the Printer, he is so used to Contradiction and Mistakes, that it no way offends me to hear him say I make sport with my Neighbours Misfortunes, which as it was a perfect Forgery in his one Brain, leaves me only to remit the Reader to the first Appearance of our Club, where we told the World we should Censure Actions, not Persons, but should treat Vice and Publick Crimes with the utmost Severity, so I claim to have kept close to the Text.
And though I have no where named the Person to the Fact, yet if I had, I think, in some Cases, it might be justifiable.
I Confess ’tis not proper to Expose Men for every Miscarriage, and he that does so, is not just to his own; but yet there are Cases where a Man makes himself so much a Beast, that he Deserves no Law, nor no Treatment, but what is suited to the Brute he appears to be; as if a Man will set up for a Publick Blasphemer, and Insolently Abuse his Maker in all his Discourse, the Man ought to be known as well as the Crime.
If a Man will attempt the Chastity of every Woman he can take at an advantage, he ought to be marked as a Mad Dog, that every Innocent Person should avoid.
He, on the other hand, who will prostitute a Strumpet in the middle of the Street, and lye with a Whore at the corner of an Alley, I know no Quarter due to such a Man, any more than to his Crimes.
And yet, Gentlemen, this Paper never Nam’d a Man to any such Crime; but the Observer of the Passage Censur’d, did more to Reproach a particular Person by Sadling the Story on his back, than all I had Publish’d could be pretended to.
Are these the Misfortunes, Gentlemen, that we Reproach: ’Tis a pretty Modern Word our Author has put upon the World: Indeed, Gentlemen, if Whoring, Duelling, and Blasphemy are but Misfortunes, I am in the wrong, and so are all our Reformers; but if they are flagitious Crimes, that Wise Men ought to abhor, and the Guilty be hang’d for, then we are in the Right, and the Censure is Unjust.
[100]
While the Author was Correcting this Paper, came a Message from the Club, that they should tell the Authors of the English Post, that passing over 12 or 14 Absurdities and Contradictions which hang upon the File, in the Office against them, they thought fit to Recommend these two Errors in Geography, to their Consideration, which are found in their Paper of Yester-day.
English Post, May 12.
Upon the City of Dantzicks Complying with the Swedes, our Author says, the King of Sweden has permitted the Vessels from Poland, to pass up the River to that City unmolested.
Querie, Whether this is not all one, with sending a Boat from London, up the River to Gravesend.
Ditto.
Mareshal Tallard is preparing to Attack the Lines at Stolhoffen, thereby to force his Passage thro’ Suabia.
Querie If this be not just as if the said Mareshal being Posted in Middlesex, was preparing to Attack the Pass at Stanes-Bridge, in Order to force his Passage thro’ the County of Essex.
ADvertisements are taken in by J. Matthews, in Pilkington-Court in Little Britain.
A D V E R T I S E M E N T S.
Next Term will be publish’d,
THe Famous Dispensary Poem, continued to this Time; with a large Commentary, fully Explaining the Characters of little Mirmil, Sowre Querpo, and all the other Physicians Graduate and not Graduate, who betray the Patients and their Profession to the Empiricks.
A Discourse upon the Pharisee and the Publican: Wherein Several Great and Weighty Things are handled: As the Nature of Prayer, and of Obedience to the Law, with how far it obliges Christians, and wherein it consists: Wherein is also shewed equally the deplorable Condition of the Pharisee or Hypocritical and Self-righteous Man, and of the Publican, or Sinner that lives in Sin, and in open Violation of the Divine Laws: Together with the Way and Method of God’s Free-Grace in Pardoning Penitent Sinners; proving that he justifies them by imputing Christ’s Righteousness to them. By John Bunyan, Author of the Pilgrim’s Progress. The Third Edition. Printed for John Mareshal, at the Bible in Grace-church street. 1704.
This Week will be publish’d,
Cassandra: (but I hope not) Telling what will come of it. Part I. In Answer to the Occasional Letter: Numb. I. Wherein the New Associations, &c. are considered. Angel in St. Paul’s Church-Yard.
Books Sold by Jeffery Wale, at the Angel in St. Paul’s-Church-Yard.
BIbliotheca Maxima veterum Patrum, 27 Vol. Gravii Thesaur. Antiquit. Romanorum, 12 Vol. Gronovii Thesaurus Græcarum, 12 Vol. Augustini Opera Omnia, 12 Tom. Petavii Doctrina Temporum, 3 Vol. Grotti Opera, 3 Vol. St. Pauli Geographia Sacra. Petavii Dogmata Theologia, 3 Vol. Scapula Lexicon Elz. Am. 1652. Dolai Opera Medica & Chirurgica, 2 Vol. Hippocratis Opera, 13 Tom. Athanasi Opera 3 Vol. De Chales Cursus Mathematicus, 4 Vol. S.S. Consilia General. ad Reg. Edit. 18 Vol. Forbesii Opera 2 Vol. Limborchi Theologia Christiana, in Fol.
A Speech for the Bill against Occasional Conformity. Printed for G. Sawbridge, and Sold by J. Nutt, near Stationers Hall.
THe Almirante of Castile’s Manifesto. Containing, I. The Reasons of his Withdrawing himself out of Spain. II. The Intrigues and Management of the Cardinal Portocarrero, and Don Manuel d’Arias, about the Will of King Charles the Second, to Advance the Duke d’Anjou to the Possession of that Crown. III. The Government of Cardinal Portocarrero, &c. after the King’s death. IV. The Designs of France against Spain. V. The Manner of the Admiral’s making his Escape into Portugal. VI. And his Proceedings at Lisbon. Faithfully Translated from the Original Printed in Spanish at Lisbon, since the Arrival there of King Charles III. London, Printed, and sold by John Nutt, near Stationers-Hall. 1704.
Just publish’d,
AN Argument of a Learned Judge in the Exchequer Chamber, upon a Writ of Error out of the King’s Bench; in a Cause wherein Sir Samuel Barnadiston was Plantiff against Sir William Soame, Sheriff of the County of Suffolk, Defendant: Wherein the Priviledge of the House of Commons, in determining Matters relating to the Right of Elections of their own Members, is Justified; necessary for all, Persons that have any thing to do with Elections. From the Original M.S. Printed for George Sawbridge, and sold by John Nutt. price 6d.
+++A Doctor in Physick Cures all the Degrees and Indispositions in Venereal Persons, by a most easie, safe, and expeditious Method; and of whom any Person may have Advice, and a perfect Cure, let his or her Disease be of the longest Date: He likewise gives his Advice in all Diseases, and prescribes a Cure. Dr. HARBOROUGH, (a Graduate Physician) in Great Knight-Riders-street, near Doctors Commons.
MDCCIV.