See also:DUEL (Ital. duello, See also:Lat. duellum—old See also:form of bellum-from duo, two)
, a prearranged encounter between two persons, with deadly weapons, in accordance with conventional rules, with the See also:object of voiding a See also:personal See also:quarrel or of deciding a point of See also:honour
.
The first recorded instance of the word occurs in Coryate's Crudities (1611), but See also:Shakespeare has duello in this sense, and uses " duellist " of Tybalt in Romeo and Juliet
.
In its earlier meaning of a judicial combat we find the word latinized in the See also:Statute of See also:Wales (Edw
.
I., See also:Act 12), " Placita de terris in partibus istis non habent terminari per duellum."
Duels in the See also:modern sense were unknown to the See also:ancient See also:world, and their origin must be sought in the feudal See also:age of See also:Europe
.
The single combats recorded in See also:Greek and See also:Roman See also:history and See also:legend, of See also:Hector and See also:Achilles, See also:Aeneas and Turnus, the See also:Horatii and Curiatii, were incidents in See also:national See also:wars and have nothing in See also:common with the modern See also:duel
.
It is, however, noteworthy that in See also:Tacitus (Germania, cap. x.) we find the rudiments of the judicial duel (see See also:WAGER, for the wager of See also:battle)
.
Domestic See also:differences, he tells us, were settled by a legalized See also:form of combat between the disputants, and when a See also:war was impending a See also:captive from the hostile tribe was armed and pitted against a national See also:champion, and the issue of the duel was accepted as an See also:omen
.
The judicial combat was a See also:Teutonic institution, and it was in fact an See also:appeal from human See also:justice to the See also:God of battles, partly a See also:sanction of the current creed that might is right, that the brave not only will win but deserve to win
.
It was on these grounds that Gundobald justified, against the complaints of a See also:bishop, the famous See also:edict passed at See also:Lyons (A.D
.
501) which established the wager of battle as a recognized form of trial
.
It is God, he argued, who directs the issue of national wars, and in private quarrels we may See also:trust His See also:providence to favour the juster cause
.
Thus, as See also:Gibbon comments, the absurd and cruel practice of judicial duels, which had been See also:peculiar to some tribes of See also:Germany, was propagated and established in all the monarchies of Europe from See also:Sicily to the Baltic
.
Yet in its See also:defence it may be urged that it abolished a worse evil, the See also:compurgation by See also:oath which put a See also:premium on See also:perjury, and the See also:ordeal, or See also:judgment of God, when the cause was decided by See also:blind See also:chance, or more often by priestcraft
.
Those who are curious to observe the formalities and legal rules of a judicial combat will find them described at length in the 28th See also:book of See also:Montesquieu's Esprit See also:des lois
.
On these regulations he well remarks that, as there are an infinity of See also:wise things conducted in a very foolish manner, so there are some foolish things conducted in a very wise manner
.
For our See also:present purpose it is sufficient to observe the development of the See also:idea of personal honour from which the modern duel directly sprang
.
In the ancient See also:laws of the Swedes we find that if any See also:man shall say to another, " You are not a man equal to other men," or " You have not the See also:heart of a man," and the other shall reply, " I am a man as See also:good as you," they shall meet on the See also:highway, and then follow the regulations for the combat
.
What is this but the modern See also:challenge
?
By the See also:law of the See also:Lombards if one man See also:call another arga, the insulted party might defy the other to mortal combat
.
What is arga but the dummer Junger of the See also:German student
?
See also:Beaumanoir thus describes a legal See also:process under See also:- LOUIS
- LOUIS (804–876)
- LOUIS (893–911)
- LOUIS, JOSEPH DOMINIQUE, BARON (1755-1837)
- LOUIS, or LEWIS (from the Frankish Chlodowich, Chlodwig, Latinized as Chlodowius, Lodhuwicus, Lodhuvicus, whence-in the Strassburg oath of 842-0. Fr. Lodhuwigs, then Chlovis, Loys and later Louis, whence Span. Luiz and—through the Angevin kings—Hungarian
Louis le Debonnaire:—The appellant begins by a See also:declaration before the See also:judge that the appellee is guilty of a certain See also:crime; if the appellee answers that his accuser lies, the judge then ordains the duel
.
Is not. this the modern point of honour, by which to be given the See also:lie is an insult which can only be wiped out by See also:blood
?
From Germany the judicial combat rapidly spread to See also:France, where it flourished greatly from the See also:roth to the r 2th See also:century, the See also:period of customary law
.
By See also:French See also:kings it was welcomed as a See also:limitation of the judicial See also:powers of their See also:half See also:independent vassals
.
It was a form of trial open to all freemen and in certain cases, as under Louis VI., the See also:privilege was extended to See also:serfs
.
Even the See also:- CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
church resorted to it not unfrequently to See also:settle disputes concerning church See also:property
.
Abbots and priors as territorial lords and high justiciaries had their See also:share in the ' confiscated goods of the defeated combatant, and See also:Pope See also:Nicholas when applied to in 858 pronounced it " a just and legitimate combat." Yet only three years before the See also:council of See also:Valence had condemned the practice, imposing the severest See also:penance on the See also:victor and refusing the last See also:rites of the church to the vanquished as to a See also:suicide
.
In 1385 a duel was fought, the result of which was so preposterous that even the most superstitious began to lose faith in the efficacy of such a judgment of God
.
A certain Jacques Legris was accused by the wife of See also:Jean Carrouge of having introduced himself by See also:night in the See also:guise of her See also:husband whom she was expecting on his return from the See also:Crusades
.
A duel was ordained by the See also:parlement of See also:Paris, which was fought in the presence of See also:Charles VI
.
Legris was defeated and hanged on the spot
.
Not See also:long after, a criminal arrested for some other offence confessed himself to be the author of the See also:outrage
.
No institution could long survive so open a confutation, and it was annulled by the parlement
.
Henceforward the duel in France ceases to be an appeal to See also:Heaven, and becomes merely a See also:satisfaction of wounded honour
.
Under Louis XII. and See also:Francis I. we find the first vestiges of tribunals of honour
.
The last instance of a duel authorized by the magistrates, and conducted according to the forms of law, was the famous one between See also:Francois de Vivonne de la Chataignerie and See also:Guy See also:Chabot de See also:Jarnac
.
The duel was fought on the roth of See also:July 1549 in the courtyard of the See also:chateau of St Germain-en-Laye, in the presence of the See also:- KING
- KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
- KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
- KING, CHARLES WILLIAM (1818-1888)
- KING, CLARENCE (1842–1901)
- KING, EDWARD (1612–1637)
- KING, EDWARD (1829–1910)
- KING, HENRY (1591-1669)
- KING, RUFUS (1755–1827)
- KING, THOMAS (1730–1805)
- KING, WILLIAM (1650-1729)
- KING, WILLIAM (1663–1712)
king and a large See also:assembly of courtiers
.
It was memorable in two ways
.
It enriched the French See also:language with a new phrase; a sly and unforeseen See also:blow, such as that by which de Jamac worsted La Chataignerie, has since been called a coup de Jarnac
.
And See also:- HENRY
- HENRY (1129-1195)
- HENRY (c. 1108-1139)
- HENRY (c. 1174–1216)
- HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
- HENRY, EDWARD LAMSON (1841– )
- HENRY, JAMES (1798-1876)
- HENRY, JOSEPH (1797-1878)
- HENRY, MATTHEW (1662-1714)
- HENRY, PATRICK (1736–1799)
- HENRY, PRINCE OF BATTENBERG (1858-1896)
- HENRY, ROBERT (1718-1790)
- HENRY, VICTOR (1850– )
- HENRY, WILLIAM (1795-1836)
Henry, grieved at the See also:death of his favourite, swore a See also:solemn oath that he would never again permit a duel to be fought
.
This led to the first of the many royal edicts against duelling
.
By a See also:decree of the council of See also:Trent (cap. xix.) a See also:ban was laid on " the detestable use of duels, an invention of the See also:devil to See also:compass the destruction of souls together with a bloody death of the See also:body."
In See also:England, it is now generally agreed, the wager of battle did not exist before the See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time of the See also:Norman See also:Conquest
.
Some previous examples have been adduced, but on examination they will be seen to belong rather to the class of single combats between the champions of two opposing armies
.
One suchinstance is See also:worth quoting as a curious See also:illustration of the superstition of the time
.
It occurs in a rare See also:tract printed in See also:London, a6;o, The Duello, or Single Combat
.
" Danish irruptions and the See also:bad aspects of See also:Mars having drencht the common See also:mother See also:earth with her sonnes' blood streames, under the reigne of See also:Edmund, a Saxon monarch, misso in compendium (so worthy See also:Camden expresseth it) See also:bello utriusque geniis fata Edmundo Anglorum et Canuto Danorum regibus commissa fuerunt, qui singulari certamine de summa imperij in kac insula (that is, the Eight in Glostershire) depugnarunt." By the laws of See also:- WILLIAM
- WILLIAM (1143-1214)
- WILLIAM (1227-1256)
- WILLIAM (1J33-1584)
- WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
- WILLIAM (c. 1130-C. 1190)
- WILLIAM, 13TH
William the Conqueror the trial by battle was only compulsory when the opposite parties were both See also:Normans, in other cases it was optional
.
As the two nations were gradually merged into one, this form of trial spread, and until the reign of Henry II. it was the only mode for determining a suit for the recovery of See also:land
.
The method of See also:procedure is admirably described by Shakespeare in the opening See also:scene in See also:Richard II., where Henry of See also:Bolingbroke, See also:duke of See also:Hereford, challenges See also:- THOMAS
- THOMAS (c. 1654-1720)
- THOMAS (d. 110o)
- THOMAS, ARTHUR GORING (1850-1892)
- THOMAS, CHARLES LOUIS AMBROISE (1811-1896)
- THOMAS, GEORGE (c. 1756-1802)
- THOMAS, GEORGE HENRY (1816-187o)
- THOMAS, ISAIAH (1749-1831)
- THOMAS, PIERRE (1634-1698)
- THOMAS, SIDNEY GILCHRIST (1850-1885)
- THOMAS, ST
- THOMAS, THEODORE (1835-1905)
- THOMAS, WILLIAM (d. 1554)
Thomas, duke of See also:Norfolk; in the See also:mock-heroic battle between See also:Horner the Armourer and his man See also:- PETER
- PETER (Lat. Petrus from Gr. irfpos, a rock, Ital. Pietro, Piero, Pier, Fr. Pierre, Span. Pedro, Ger. Peter, Russ. Petr)
- PETER (PEDRO)
- PETER, EPISTLES OF
- PETER, ST
Peter in Henry VI.; and by See also:Sir W
.
See also:Scott in the See also:Fair Maid of See also:Perth, where Henry See also:Gow appears before the king as the champion of Magdalen Proudfute
..
The judicial duel never took See also:root in England as it did in France
.
In See also:civil suits it was superseded by the See also:grand See also:assize of Henry II., and in cases of See also:- FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel
felony by See also:indictment at the See also:prosecution of the See also:crown
.
One of the latest instances occurred in the reign of See also:Elizabeth, 1591, when the lists were actually prepared and the justices of the common pleas appeared at Tothill See also:Fields as umpires of the combat
.
Fortunately the petitioner failed to put in an See also:appearance, and was consequently nonsuited (see See also:Spelman, Glossary, s.v
.
" Campus ")
.
As See also:late as r819 See also:Lord See also:Ellenborough, in the See also:case of See also:Thornton v
.
See also:Ashford, pronounced that " the See also:general law of the land is that there shall be a trial by battle in cases of appeal unless the party brings himself within some of the exceptions." Thornton was accused of murdering See also:Mary Ashford, and claimed his right to challenge the appellant, the See also:brother of the murdered girl, to wager of battle
.
His suit was allowed, and, the challenge being refused, the accused escaped
.
Next See also:year the law was abolished (59 Geo
.
III., c
.
46)
.
In sketching the history of the judicial combat we have traced the parentage of the modern duel
.
See also:Strip the former of its legality, and divest it of its religious sanction, and
the latter remains
.
We are justified, then, in dating ofh./ fhonoar
.
the commencement of duelling from the abolition of
the wager of battle
.
To pursue its history we must return to France, the See also:country where it first arose, and the See also:soil on which it has most flourished
.
The causes which made it indigenous to France are sufficiently explained by the See also:condition of society and the national See also:character
.
As See also:Buckle has pointed out, duelling is a See also:special development of See also:chivalry, and chivalry is one of the phases of the protective spirit which was predominant In France. in France up to the time of the Revolution
.
Add to
this the keen sense of personal honour, the susceptibility and the pugnacity which distinguish the French See also:race
.
See also:Montaigne, when touching on this subject in his essays, says, " Put three Frenchmen together on the plains of See also:Libya, and they will not be a See also:month in See also:company without scratching one another's eyes out." The third See also:chapter of d'Audiguier's Ancien usage des duels is headed, " Pourquoi See also:les seuls See also:Francais se battent en duel." See also:English literature abounds with allusions to this characteristic of the French nation
.
Lord See also:Herbert of Cherbury, who was See also:ambassador at the See also:court of Louis XIII., says, " There is scarce a Frenchman worth looking on who has not killed his man in a duel." See also:Ben See also:Jonson, in his
.
Magnetic See also:Lady, makes Compass, the See also:scholar and soldier, thus describe France, " that See also:garden of humanity" :
" There every See also:gentleman professing arms Thinks he is See also:bound in honour to embrace The bearing of a challenge for another, Without or questioning the cause or asking Least See also:colour of a See also:reason."
Duels were not common before the 16th century
.
See also:Hallam
The Judicial combat
.
attributes their prevalence to the barbarous See also:custom of wearing swords as a See also:part of domestic See also:dress, a See also:fashion which was not introduced till the later part of the 15th century
.
In i56o the states-general at See also:- ORLEANS
- ORLEANS, CHARLES, DUKE OF (1391-1465)
- ORLEANS, DUKES OF
- ORLEANS, FERDINAND PHILIP LOUIS CHARLES HENRY, DUKE OF (1810-1842)
- ORLEANS, HENRI, PRINCE
- ORLEANS, HENRIETTA, DUCHESS
- ORLEANS, JEAN BAPTISTE GASTON, DUKE
- ORLEANS, LOUIS
- ORLEANS, LOUIS PHILIPPE JOSEPH
- ORLEANS, LOUIS PHILIPPE ROBERT, DUKE
- ORLEANS, LOUIS PHILIPPE, DUKE OF (1725–1785)
- ORLEANS, LOUIS, DUKE OF (1372–1407)
- ORLEANS, PHILIP I
- ORLEANS, PHILIP II
Orleans supplicated Charles IX, to put a stop to duelling
.
Hence the famous See also:ordinance of 1566, See also:drawn up by the See also:chancellor de 1'H6pital, 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 16oz 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 See also:opinion was revolted by such rigour, and the statue remained a dead See also:letter
.
A duel forms a See also:fit conclusion to the reign
.
A See also:hair-brained youth named L'Isle See also:Marivaux swore that he would not survive his beloved king, and threw his cartel into the See also: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 Crequi asked leave to fight See also:Don See also:- PHILIP
- PHILIP (Gr.'FiXtrsro , fond of horses, from dn)^eiv, to love, and limos, horse; Lat. Philip pus, whence e.g. M. H. Ger. Philippes, Dutch Filips, and, with dropping of the final s, It. Filippo, Fr. Philippe, Ger. Philipp, Sp. Felipe)
- PHILIP, JOHN (1775-1851)
- PHILIP, KING (c. 1639-1676)
- PHILIP, LANOGRAVE OF HESSE (1504-1567)
Philip of See also: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 Memoires, that in the eight years between 16or and 16og, 2000 men of See also:noble See also:birth See also:fell in duels
.
In 1609 a more effective measure was taken at the instance of See also:Sully by the See also:establishment of a court of honour
.
The edict decrees that all aggrieved persons shall address themselves to the king, either directly or through the See also:medium of the constables, marshals, &c.; that the king shall decide, whether, if an See also: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 See also:- OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")
office or employment, and be mulcted of one-third of his See also: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 See also:burial, and his See also: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 See also:Henri See also:- MARTIN (Martinus)
- MARTIN, BON LOUIS HENRI (1810-1883)
- MARTIN, CLAUD (1735-1800)
- MARTIN, FRANCOIS XAVIER (1762-1846)
- MARTIN, HOMER DODGE (1836-1897)
- MARTIN, JOHN (1789-1854)
- MARTIN, LUTHER (1748-1826)
- MARTIN, SIR THEODORE (1816-1909)
- MARTIN, SIR WILLIAM FANSHAWE (1801–1895)
- MARTIN, ST (c. 316-400)
- MARTIN, WILLIAM (1767-1810)
Martin " the wisest decree of the ancient See also:monarchy on a See also:matter which involves so many delicate and profound questions of morals, politics, and See also:religion touching civil rights " (Histoire de France, x
.
466)
.
In the succeeding reign the See also:mania for duels revived
.
See also:Rostand's Cyrano is a See also:life-like modern See also:portraiture of French bloods in the first half of the i7th century
.
De See also:Houssaye tells us that in Paris when See also:friends met the first question was, " Who fought yesterday? who is to fight to-See also:day
?
" They fought by night and day, by moonlight and by See also:torch-See also: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 See also:adjudication
.
Often, like See also:gladiators or See also: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 See also:ici, battons-nous." Seconds, as Montaigne tells us, are no longer witnesses, but must take part themselves unless they would be thought wanting ih See also:affection or courage; and he goes on to complain that men are no longer contented with a single second, " c'etait ancionnement des duels, ce sont a See also:cette heure.rencontres et batailles." There is no more striking instance of See also:Richelieu's firmness and See also: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 See also:elder brother, the See also:head of the See also:house, had fallen in a duel stabbed to the heart by an enemy of the See also: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 aleath any one who had killed his adversary in a duel, or hadbeen found guilty of sending a challenge a second time
.
Banishmentand partial See also: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 See also:gorge aux duels ouaux edits de votre Majeste." The See also: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 See also:place at midday on the Place Royale
.
Boutteville was arrested with his second, the count de ChapelIes; they were tried by the parlement of Paris, condemned and, in spite of all the See also:influence of the powerful house of Montmorenci, of which de Boutteville was a See also:branch, they were both beheaded on the 21st of See also:June 1627
.
For a See also:short time the ardour of duellists was cooled
.
But the See also: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 See also: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, See also:prince of See also:Melfi, when See also:viceroy of See also:Piedmont, finding that his See also:officers were being decimated by duel-See also:ling, proclaimed that all duels should be fought on the See also:parapet of the See also:Ponte Vecchio, and if one of the combatants chanced to fall into the See also:river he should on no See also: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 See also:Coligny, the last fought on the Place Royale, and that between the See also:dukes of See also:Beaufort and See also:Nemours,, each attended by four friends
.
Of the ten combatants, Nemours and two others were killed on the spot, and none escaped without some See also: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 See also:con-firmed the enactments of his predecessors, Henry IV. and Louis XII
.
At the same time a solemn agreement was entered into by the See also:principal See also:nobility that they would never engage in a duel on any pretence whatever
.
A See also:medal was struck to commemorate the occasion, and the firmness of the king, in refusing See also:pardon to all offenders, contributed more to restrain this See also:scourge of society than all the efforts of his predecessors
.
The subsequent, history of duelling in France may be more shortly treated
.
In the See also: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
.
See also: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 See also:lath of See also: