With regard to the public duel, or trial by battle, demanded under the sanction of the law, to terminate a quarrel which the ordinary course of justice could with difficulty decide, Bacon was equally opposed to it, and thought that in no case should it be granted. He suggested that there should be declared a constant and settled resolution in the state to abolish it altogether; that care should be taken that the evil be no more cockered, nor the humour of it fed, but that all persons found guilty should be rigorously punished by the Star Chamber, and these of eminent quality banished from the court.
In the succeeding reign, when Donald Mackay, the first Lord Reay, accused David Ramsay of treason, in being concerned with the Marquis of Hamilton in a design upon the crown of Scotland, he was challenged by the latter to make good his assertion by single combat. [See “History of the House and Clan of Mackay.”] It had been at first the intention of the government to try the case by the common law, but Ramsay thought he would stand a better chance of escape by recurring to the old and almost exploded custom, but which was still the right of every man in appeals of treason. Lord Reay readily accepted the challenge, and both were confined in the Tower until they found security that they would appear on a certain day, appointed by the court, to determine the question. The management of the affair was delegated to the Marischal Court of Westminster, and the Earl of Lindsay was created Lord Constable of England for the purpose. Shortly before the day appointed, Ramsay confessed in substance all that Lord Reay had laid to his charge, upon which Charles I put a stop to the proceedings.
But in England, about this period, sterner disputes arose among men than those mere individual matters which generate duels. The men of the Commonwealth encouraged no practice of the kind, and the subdued aristocracy carried their habits and prejudices elsewhere, and fought their duels at foreign courts. Cromwell’s Parliament, however, – although the evil at that time was not so crying, – published an order, in 1654, for the prevention of duels, and the punishment of all con cerned in them. Charles II, on his restoration, also issued a proclamation upon the subject. In his reign an infamous duel was fought – infamous, not only from its own circumstances, but from the lenity that was shown to the principal offenders.
The worthless Duke of Buckingham, having debauched the Countess of Shrewsbury, was challenged by her husband to mortal combat, in January 1668. Charles II endeavoured to prevent the duel, not from any regard to public morality, but from fear for the life of his favourite. He gave commands to the Duke of Albemarle to confine Buckingham to his house, or take some other measures to prevent him flora fighting. Albemarle neglected the order, thinking that the King himself might prevent the combat by some surer means. The meeting took place at Barn Elms, the injured Shrewsbury being attended by Sir John Talbot, his relative, and Lord Bernard Howard, son of the Earl of Arundel. Buckingham was accompanied by two of his dependants, Captain Holmes and Sir John Jenkins. According to the barbarous custom of the age, not only the principals, but the seconds, engaged each other. Jenkins was pierced to the heart, and left dead upon the field, and Sir John Talbot severely wounded in both arms. Buckingham himself escaping with slight wounds, ran his unfortunate antagonist through the body, and then left the field with the wretched woman, the cause of all the mischief, who, in the dress of a page, awaited the issue of the conflict in a neighbouring wood, holding her paramour’s horse to avoid suspicion. Great influence was exerted to save the guilty parties from punishment, and the master, as base as the favourite, made little difficulty in granting a free pardon to all concerned. In a royal proclamation issued shortly afterwards, Charles II formally pardoned the murderers, but declared his intention never to extend, in future, any mercy to such offenders. It would be hard after this to say who was the most infamous, the King, the favourite, or the courtezan.
In the reign of Queen Anne, repeated complaints were made of the prevalence of duelling. Addison, Swift, Steele, and other writers, employed their powerful pens in reprobation of it. Steele especially, in the “Tatler” and “Guardian,” exposed its impiety and absurdity, and endeavoured, both by argument and by ridicule, to bring his countrymen to a right way of thinking. [See “Spectator,” Nos. 84. 97, and 99; and “Tatler,” Nos. 25, 26, 29, 31, 38, and 39; and “Guardian,” No. 20.] His comedy of “The Conscious Lovers” contains an admirable exposure of the abuse of the word honour, which led men into an error so lamentable. Swift, writing upon the subject, remarked that he could see no harm in rogues and fools shooting each other. Addison and Steele took higher ground, and the latter, in the “Guardian,” summed up nearly all that could be said upon the subject in the following impressive words: – “A Christian and a gentleman are made inconsistent appellations of the same person. You are not to expect eternal life if you do not forgive injuries, and your mortal life is rendered uncomfortable if you are not ready to commit a murder in resentment of an affront; for good sense, as well as religion, is so utterly banished the world that men glory in their very passions, and pursue trifles with the utmost vengeance, so little do they know that to forgive is the most arduous pitch human nature can arrive at. A coward has often fought – a coward has often conquered, but a coward never forgave.” Steele also published a pamphlet, in which he gave a detailed account of the edict of Louis XIV, and the measures taken by that monarch to cure his subjects of their murderous folly.
On the 8th of May, 1711, Sir Cholmely Deering, M.P. for the county of Kent, was slain in a duel by Mr. Richard Thornhill, also a member of the House of Commons. Three days afterwards, Sir Peter King brought the subject under the notice of the Legislature, and after dwelling at considerable length on the alarming increase of the practice, obtained leave to bring in a bill for the prevention and punishment of duelling. It was read a first time that day, and ordered for a second reading in the ensuing week.
About the same time the attention of the Upper House of Parliament was also drawn to the subject in the most painful manner. Two of its most noted members would have fought, had it not been that Queen Anne received notice of their intention, and exacted a pledge that they would desist; while a few months afterwards, two other of its members lost their lives in one of the most remarkable duels upon record. The first affair, which happily terminated without a meeting, was between the Duke of Marlborough and the Earl Pawlet. The latter, and fatal encounter, was between the Duke of Hamilton and Lord Mohun.
The first arose out of a debate in the Lords upon the conduct of the Duke of Ormond, in refusing to hazard a general engagement with the enemy, in which Earl Pawlet remarked that nobody could doubt the courage of the Duke of Ormond. “He was not like a certain general, who led troops to the slaughter, to cause great numbers of officers to be knocked on the head in a battle, or against stone walls, in order to fill his pockets by disposing of their commissions.” Every one felt that the remark was aimed at the Duke of Marlborough, but he remained silent, though evidently suffering in mind. Soon after the House broke up, the Earl Pawlet received a visit from Lord Mohun, who told him that the Duke of Marlborough was anxious to come to an explanation with him relative to some expressions he had made use of in that day’s debate, and therefore prayed him to “go and take a little air in the country.” Earl Pawlet did not affect to misunderstand the hint, but asked him in plain terms whether he brought a challenge from the Duke. Lord Mohun said his message needed no explanation, and that he (Lord Mohun) would accompany the Duke of Marlborough. He then took his leave, and Earl Pawlet returned home and told his lady that he was going out to fight a duel with the Duke of Marlborough. His lady, alarmed for her lord’s safety, gave notice of his intention to the Earl of Dartmouth, who immediately, in the Queen’s name, sent to the Duke of Marlborough, and commanded him not to stir abroad. He also caused Earl Pawlet’s house to be guarded by two sentinels; and having taken these precautions, informed the Queen of the whole affair. Her Majesty sent at once for the Duke, expressed her abhorrence of the custom of duelling, and required his word of honour that he wou
ld proceed no further. The Duke pledged his word accordingly, and the affair terminated.
The lamentable duel between the Duke of Hamilton and Lord Mohun took place in November 1712, and sprang from the following circumstances. A lawsuit had been pending for eleven years between these two noblemen, and they looked upon each other in consequence with a certain degree of coldness. They met together on the 13th of November in the chambers of Mr. Orlebar, a Master in Chancery, when, in the course of conversation, the Duke of Hamilton reflected upon the conduct of one of the witnesses in the cause, saying that he was a person who had neither truth nor justice in him. Lord Mohun, somewhat nettled at this remark, applied to a witness favourable to his side, made answer hastily, that Mr. Whiteworth, the person alluded to, had quite as much truth and justice in him as the Duke of Hamilton. The Duke made no reply, and no one present imagined that he took offence at what was said; and when he went out, of the room, he made a low and courteous salute to the Lord Mohun. In the evening, General Macartney called twice upon the Duke with a challenge from Lord Mohun, and failing in seeing him, sought him a third time at a tavern, where he found him, and delivered his message. The Duke accepted the challenge, and the day after the morrow, which was Sunday, the 15th of November, at seven in the morning, was appointed for the meeting.
At that hour they assembled in Hyde Park, the Duke being attended by his relative, Colonel Hamilton, and the Lord Mohun by General Macartney. They jumped over a ditch into a place called the Nursery, and prepared for the combat. The Duke of Hamilton, turning to General Macartney, said, “Sir, you are the cause of this, let the event be what it will.” Lord Mohun did not wish that the seconds should engage, but the Duke insisted that “Macartney should have a share in the dance.” All being ready, the two principals took up their positions, and fought with swords so desperately that, after a short time, they both fell down, mortally wounded. The Lord Mohun expired upon the spot, and the Duke of Hamilton in the arms of his servants as they were carrying him to his coach.
This unhappy termination caused the greatest excitement, not only in the metropolis, but all over the country. The Tories, grieved at the loss of the Duke of Hamilton, charged the fatal combat on the Whig party, whose leader, the Duke of Marlborough, had so recently set the example of political duels. They. called Lord Mohun the bully of the Whig faction, (he had already killed three men in duels, and been twice tried for murder), and asserted openly, that the quarrel was concocted between him and General Macartney to rob the country of the services of the Duke of Hamilton by murdering him. It was also asserted, that the wound of which the Duke died was not inflicted by Lord Mohun, but by Macartney; and every means was used to propagate this belief. Colonel Hamilton, against whom and Macartney the coroner’s jury had returned a verdict of wilful murder, surrendered a few days afterwards, and was examined before a privy council sitting at the house of Lord Dartmouth. He then deposed, that seeing Lord Mohun fall, and the Duke upon him, he ran to the Duke’s assistance, and that he might with the more ease help him, he flung down both their swords, and, as he was raising the Duke up, he saw Macartney, make a push at him. Upon this deposition a royal proclamation was immediately issued, offering a reward of 500 pounds for the apprehension of Macartney, to which the Duchess of Hamilton afterwards added a reward of 300 pounds.
Upon the further examination of Colonel Hamilton, it was found that reliance could not be placed on all his statements, and that he contradicted himself in several important particulars. He was arraigned at the Old Bailey for the murder of Lord Mohun, the whole political circles of London being in a fever of excitement for the result. All the Tory party prayed for his acquittal, and a Tory mob surrounded the doors and all the avenues leading to the court of justice for many hours before the trial began. The examination of witnesses lasted seven hours. The criminal still persisted in accusing General Macartney of the murder of the Duke of Hamilton, but, in other respects, say the newspapers of the day, prevaricated foully. He was found guilty of manslaughter. This favourable verdict was received with universal applause, “not only from the court and all the gentlemen present, but the common people showed a mighty satisfaction, which they testified by loud and repeated huzzas.” [“Post Boy,” December l3th, 1712.]
As the popular delirium subsided, and men began to reason coolly upon the subject, they disbelieved the assertions of Colonel Hamilton, that Macartney had stabbed the Duke, although it was universally admitted that he had been much too busy and presuming. Hamilton was shunned by all his former companions, and his life rendered so irksome to him, that he sold out of the Guards, and retired to private life, in which he died heart-broken four years afterwards.
General Macartney surrendered about the same time, and was tried for murder in the Court of King’s Bench. He was, however, found guilty of manslaughter only.
At the opening of the session of Parliament of 1713, the Queen made pointed allusion in her speech to the frequency of duelling, and recommended to the Legislature to devise some speedy and effectual remedy for it. A bill to that effect was brought forward, but thrown out on the second reading, to the very great regret of all the sensible portion of the community.
A famous duel was fought in 1765 between Lord Byron and Mr. Chaworth. The dispute arose at a club-dinner, and was relative to which of the two had the largest quantity of game on his estates. Infuriated by wine and passion, they retired instantly into an adjoining room, and fought with swords across a table, by the feeble glimmer of a tallow-candle. Mr. Chaworth, who was the more expert swordsman of the two, received a mortal wound, and shortly afterwards expired. Lord Byron was brought to trial for the murder before the House of Lords; and it appearing clearly, that the duel was not premeditated, but fought at once, and in the heat of passion, he was found guilty of manslaughter only, and ordered to be discharged upon payment of his fees. This was a very bad example for the country, and duelling of course fell into no disrepute after such a verdict.
In France, more severity was exercised. In the year 1769, the Parliament of Grenoble took cognizance of the delinquency of the Sieur Duchelas, one of its members, who challenged and killed in a duel a captain of the Flemish legion. The servant of Duchelas officiated as second, and was arraigned with his master for the murder of the captain. They were both found guilty. Duchelas was broken alive on the wheel, and the servant condemned to the galleys for life.
A barbarous and fiercely-contested duel was fought in November 1778, between two foreign adventurers, at Bath, named Count Rice and the Vicomte du Barri. Some dispute arose relative to a gambling transaction, in the course of which Du Barri contradicted an assertion of the other, by saying, “That is not true!” Count Rice immediately asked him if he knew the very disagreeable meaning of the words he had employed. Du Barri said he was perfectly well aware of their meaning, and that Rice might interpret them just as he pleased. A challenge was immediately given and accepted. Seconds were sent for, who, arriving with but little delay, the whole party, though it was not long after midnight, proceeded to a place called Claverton Down, where they remained with a surgeon until daylight. They then prepared for the encounter, each being armed with two pistols and a sword. The ground having been marked out by the seconds, Du Barri fired first, and wounded his opponent in the thigh. Count Rice then levelled his pistol, and shot Du Barri mortally in the breast. So angry were the combatants, that they refused to desist; both stepped back a few paces, and then rushing forward, discharged their second pistols at each other. Neither shot took effect, and both throwing away their pistols, prepared to finish the sanguinary struggle by the sword. They took their places, and were advancing towards each other, when the Vicomte du Barri suddenly staggered, grew pale, and, falling to the ground, exclaimed, “Je vous demande ma vie.” His opponent had but just time to answer, that he granted it, when the unfortunate Du Barri turned upon the grass, and expired with a heavy groan. The survivor of this savage conflict was then removed to his lodgings, where he lay for some weeks in a
dangerous state. The coroner’s jury, in the mean while, sat upon the body of Du Barri, and disgraced themselves by returning a verdict of manslaughter only. Count Rice, upon his recovery, was indicted for the murder notwithstanding this verdict. On his trial he entered into a long defence of his conduct, pleading the fairness of the duel, and its unpremeditated nature; and, at the same time, expressing his deep regret for the unfortunate death of Du Barri, with whom for many years he had been bound in ties of the strictest friendship. These considerations appear to have weighed with the jury, and this fierce duellist was again found guilty of manslaughter only, and escaped with a merely nominal punishment.
Extraordinary Popular Delusions and the Madness of Crowds Page 22
