COCCYGEAL BODY

This is a small median body, about the size of a pea, situated in front

of the apex of the coccyx and between the insertions of the levatores

ani muscles. It resembles the carotid body in its microscopical

structure, but is not so vascular. Concentric corpuscles, like those of

the thymus, have been recorded in it. It derives its arteries from the

middle sacral and its nerves from the sympathetic. Of its embryology and

comparative anatomy little is known, though J.W. Thomson Walker has

recently shown that numerous, outlying, minute masses of the same

structure lie along the course of the middle sacral artery (_Archiv f.

mikroscop. Anat._ Bd. lxiv.). The probability is that, like the carotid

body, it is sympathetic in origin. (Quain's _Anatomy_ gives excellent

illustrations of the histology of this as well as of all the other

ductless glands.)

For the literature on and further details concerning the foregoing

structures the following works should be consulted: Quain's

_Anatomy_, vol. 1 (1908, London, Longman & Co.); McMurrich's

_Development of the Human Body_ (London, Rebman, 1906); Wiedersheim's

_Vergleich. Anat. der Wirbeltiere_ (Jena, 1898). (F. G. P.)

DUDERSTADT, a town of Germany, in the Prussian province of Hanover,

situated in a beautiful and fertile valley (formerly called _Goldene

Mark_) watered by the Hahle, and on the railway Wulften-Leinefelde. Pop.

(1905) 5327. It is an interesting medieval town with many ancient

buildings. Notable are the two Roman Catholic churches, beautiful Gothic

edifices of the 14th century, the Protestant church, and the handsome

town-hall. Its chief industries are woollen and cotton manufactures,

sugar-refining and cigar-making; it has also a trade in singing-birds.

Duderstadt was founded by Henry I. (the Fowler) in 929, passed later to

the monastery of Quedlinburg, and then to Brunswick. It was a member of

the Hanseatic League, and during the Thirty Years' War became a

stronghold of the Imperialists. It was taken by Duke William of Weimar

in 1632; in 1761 its walls were dismantled, and, after being alternately

Prussian and Hanoverian, it passed finally in 1866 with Hanover to

Prussia.

DUDLEY, BARONS AND EARLS OF. The holders of these English titles are

descended from John de Sutton (c. 1310-1359) of Dudley castle,

Staffordshire, who was summoned to parliament as a baron in 1342. Sutton

was the son of another John de Sutton, who had inherited Dudley Castle

through his marriage with Margaret, sister and heiress of John de Somery

(d. 1321); he was called Lord Dudley, or Lord Sutton of Dudley, the

latter being doubtless the correct form. However, his descendants, the

Suttons, were often called by the name of Dudley; and from John Dudley

of Atherington, Sussex, a younger son of John Sutton, the 5th baron, the

earls of Warwick and the earl of Leicester of the Dudley family are

descended.

John Sutton or Dudley (c. 1400-1487), the 5th baron, was first summoned

to parliament in 1440, having been viceroy of Ireland from 1428 to 1430.

He served Henry VI. as a diplomatist and also as a soldier, being taken

prisoner at the first battle of St Albans in 1455, but this did not

prevent him from enjoying the favour of Edward IV. He died on the 30th

of September 1487. He was succeeded as 6th baron by his grandson Edward

(c. 1459-1532), and one of his sons, William Dudley, was bishop of

Durham from 1476 until his death in 1483. His descendant Edward Sutton

or Dudley, the 9th baron (1567-1643), had several illegitimate sons.

Among them was Dud Dudley (1599-1684), who in 1665 published _Metallum

Martis_, describing a process of making iron with "pit-coale, sea-coale,

&c." which was put in operation at his father's ironworks at Pensnet,

Worcestershire, of which he was manager. His success aroused much

opposition on the part of other ironmasters, and his commercial ventures

at Himley, at Askew Bridge and at Bristol ended in loss and disaster.

During the Civil War he was a colonel in the army of Charles I.

Dying without lawful male issue in June 1643, the 9th baron was

succeeded in the barony by his grand-daughter, Frances (1611-1697); she

married Humble Ward (c. 1614-1670), the son of a London goldsmith, who

was created Baron Ward of Birmingham in 1644. Their son Edward

(1631-1701) succeeded both to the barony of Dudley and to that of Ward,

but these were separated when his grandson William died unmarried in May

1740. The barony of Dudley passed to a nephew, Ferdinando Dudley Lea,

falling into abeyance on his death in October 1757; that of Ward passed

to the heir male, John Ward (d. 1774), a descendant of Humble Ward. In

1763 Ward was created Viscount Dudley, and in April 1823 his grandson,

John William Ward (1781-1833), became the 4th viscount.

Educated at Oxford, John William Ward entered parliament in 1802, and

except for a few months he remained in the House of Commons until he

succeeded his father in the peerage. In 1827 he was minister for foreign

affairs under Canning and then under Goderich and under Wellington,

resigning office in May 1828. As foreign minister he was only a cipher,

but he was a man of considerable learning and had some reputation as a

writer and a talker. Dudley took an interest in the foundation of the

university of London, and his _Letters_ to the bishop of Llandaff were

published by the bishop (Edward Copleston) in 1840 (new ed. 1841). He

was created Viscount Ednam and earl of Dudley in 1827, and when he died

unmarried on the 6th of March 1833 these titles became extinct. His

barony of Ward, however, passed to a kinsman, William Humble Ward

(1781-1835), whose son, William (1817-1885), inheriting much of the dead

earl's great wealth, was created Viscount Ednam and earl of Dudley in

1860. The 2nd earl of Dudley in this creation was the latter's son

William Humble (b. 1866), who was lord-lieutenant of Ireland from 1902

to 1906, and in 1908 was appointed governor-general of Australia.

See H.S. Grazebrook in the _Herald and Genealogist_, vols. ii., v.

and vi.; in _Notes and Queries_, 2nd series, vol. xi.; and in vol. ix.

of the publications of the William Salt Society (1888).

DUDLEY, EDMUND (c. 1462-1510), minister of Henry VII. of England, was a

son of John Dudley of Atherington, Sussex, and a member of the great

baronial family of Sutton or Dudley. After studying at Oxford and at

Gray's Inn, Dudley came under the notice of Henry VII., and is said to

have been made a privy councillor at the early age of twenty-three. In

1492 he helped to negotiate the treaty of Etaples with France and soon

became prominent in assisting the king to check the lawlessness of the

barons, and at the same time to replenish his own exchequer. He and his

colleague Sir Richard Empson (q.v.) are called _fiscales judices_ by

Polydore Vergil, and owing to their extortions they became very

unpopular. Dudley, who was speaker of the House of Commons in 1504, in

addition to aiding Henry, amassed a great amount of wealth for himself,

and possessed large estates in Sussex, Dorset and Lincolnshire. When

Henry VII. died in April 1509, he was thrown into prison by order of

Henry VIII. and charged with the crime of constructive treason, being

found guilty and attainted. After having made a futile attempt to escape

from prison, he was executed on the 17th or 18th of August 1510.

Dudley's nominal crime was that during the last illness of Henry VII. he

had ordered his friends to assemble in arms in case the king died, but

the real reason for his death was doubtless the unpopularity caused by

his avarice. During his imprisonment he sought to gain the favour of

Henry VIII. by writing a treatise in support of absolute monarchy called

_The Tree of Commonwealth_. This never reached the king's hands, and was

not published until 1859, when it was printed privately in Manchester.

Dudley's first wife was Anne, widow of Roger Corbet of Morton,

Shropshire, by whom he had a daughter, Elizabeth, who married William,

6th Lord Stourton. By his second wife, Elizabeth, daughter of Edward

Grey, Viscount Lisle, he had three sons: John, afterwards duke of

Northumberland (q.v.); Andrew (d. 1559), who was made a knight and held

various important posts during the reign of Edward VI.; and Jasper.

See Francis Bacon, _History of Henry VII._, edited by J.R. Lumby

(Cambridge, 1881); and J.S. Brewer, _The Reign of Henry VIII._,

edited by J. Gairdner (London, 1884).

DUDLEY, SIR ROBERT (1573-1649), titular duke of Northumberland and earl

of Warwick, English explorer, engineer and author, was the son of Robert

Dudley, earl of Leicester (q.v.), the favourite of Queen Elizabeth. His

mother was Lady Douglas Sheffield, daughter of Thomas, first Baron

Howard of Effingham. Leicester, who deserted Lady Douglas Sheffield for

Lettice Knollys, widow of the first earl of Essex, denied that they were

married. She asserted that they were, at Esher in Surrey, but her

marriage with Sir Edward Stafford of Grafton, after her desertion by

Leicester, would seem to be a tacit confession that her claim had no

foundation. Her son Robert was born in May 1573, was recognized by

Leicester, and sent to Christ Church, Oxford, in 1587. He inherited all

Leicester's property under the earl's will at his death in 1588, and in

the following year the property of Ambrose Dudley, earl of Warwick. In

1594 he made a voyage to the West Indies, and in 1596 he took part in

the expedition to Cadiz and was knighted. In 1592 he had married a

sister of Thomas Cavendish the circumnavigator. On her death he married

Alicia Leigh in 1596, by whom he had four daughters. After the death of

Elizabeth he endeavoured to secure recognition of his legitimacy, and

of his right to inherit the titles of his father and uncle. The

proceedings were quashed by the Star Chamber. In 1605 he obtained leave

to travel abroad, and went to Italy accompanied by the beautiful Miss

Elizabeth Southwell, daughter of Sir Robert Southwell of Woodrising, in

the dress of a page. When ordered to return home and to provide for his

deserted wife and family, he refused, was outlawed, and his property was

confiscated. On the continent he avowed himself a Roman Catholic,

married Elizabeth Southwell at Lyons, and entered the service of Cosimo

II., grand-duke of Tuscany. In the service of the grand-duke he is said

to have done some fighting against the Barbary pirates, and he was

undoubtedly employed in draining the marshes behind Leghorn, and in the

construction of the port. In 1620 the emperor Ferdinand II. gave him a

patent recognizing his claim not only to the earldom of Warwick but to

the duchy of Northumberland, which had been held by his grandfather, who

was executed by Queen Mary Tudor. In Italy Dudley was known as Duca di

Nortombria and Conte di Warwick. He died near Florence on the 6th of

September 1649, leaving a large family of sons and daughters. His

deserted wife, Alicia, was created duchess of Dudley by Charles I. in

1644, and died in 1670, when the title became extinct. Through a

daughter who married the Marquis Paleotti, Dudley was the ancestor of

the wife of the first duke of Shrewsbury (of the revolution of 1688),

and of her brother who was executed at Tyburn for murder on the 17th of

March 1718. Dudley was the author of a pamphlet addressed to King James

I., showing how the "impertinences of parliament" could be bridled by

military force. But his chief claim to memory is the magnificent _Arcano

dell mare_, published in Italian at Florence in 1645-1646 in three

volumes folio. It is a collection of all the naval knowledge of the age,

and is particularly remarkable for a scheme for the construction of a

navy in five rates which Dudley designed and described. It was reprinted

in Florence in two volumes folio in 1661 without the charts of the first

edition.

AUTHORITIES.--G.L. Craik, _Romance of the Peerage_ (London,

1848-1850), vol. iii.; Sir N.H. Nicolas, _Report of Proceedings on

the Claim to the Barony of L'Isle_ (London, 1829); and _The Italian

Biography of Sir R. Dudley_, published anonymously, privately and

without date or name of place, but known to have been written by

Doctor Vaughan Thomas, vicar of Stoneleigh, who died in 1858.

(D. H.)

DUDLEY, THOMAS (1576-1653), British colonial governor of Massachusetts,

was born in Northampton, England, in 1576, a member of the elder branch

of the family to the younger branch of which Robert Dudley, earl of

Leicester, belonged. He was the son of a country gentleman of some means

and high standing, was captain of an English company in the French

expedition of 1597, serving under Henry of Navarre, and eventually

became the steward of the earl of Lincoln's estates, which he managed

with great success for many years. Having been converted to Puritanism,

he became a strict advocate of its strictest tenets. About 1627 he

associated himself with other Lincolnshire gentlemen who in 1629 entered

into an agreement to settle in New England provided they were allowed to

take the charter with them. This proposal the general court of the

Plymouth Company agreed to, and in April 1630 Dudley sailed to America

in the same ship with John Winthrop, the newly appointed governor,

Dudley himself at the last moment being chosen deputy-governor in place

of John Humphrey (or Humfrey), the earl of Lincoln's son-in-law, whose

departure was delayed. Dudley was for many years the most influential

man in the Massachusetts Bay colony, save Winthrop, with whose policy he

was more often opposed than in agreement. He was deputy-governor in

1629-1634, in 1637-1640, in 1646-1650 and in 1651-1653, and was governor

four times, in 1634, 1640, 1645 and 1650. Soon after his arrival in the

colony he settled at Newton (Cambridge), of which he was one of the

founders; he was also one of the earliest promoters of the plan for the

establishment of Harvard College. Winthrop's decision to make Boston the

capital instead of Newton precipitated the first of the many quarrels

between the two, Dudley's sterner and harsher Puritanism, being in

strong contrast to Winthrop's more tolerant and liberal views. He was an

earnest and persistent heresy-hunter--not only the Antinomians, but

even such a good Puritan as John Cotton, against whom he brought

charges, feeling the weight of his stern and remorseless hand. His

position he himself best expressed in the following brief verse found

among his papers:

"Let men of God in courts and churches watch

O'er such as do a Toleration hatch,

Lest that ill egg bring forth a Cockatrice

To poison all with heresy and vice."

He died at Roxbury, Massachusetts, on the 31st of July 1653.

See Augustine Jones, _Life and Work of Thomas Dudley, the Second

Governor of Massachusetts_ (Boston, 1899); and the _Life of Mr Thomas

Dudley, several times Governor of the Colony of Massachusetts, written

as is supposed by Cotton Mather_, edited by Charles Deane (Cambridge,

1870). Dudley's interesting and valuable "Letter to the Countess of

Lincoln," is reprinted in Alexander Young's _Chronicles of the

Planters of the Colony of Massachusetts Bay_ (Boston, 1846), and in

the New Hampshire Historical Society _Collections_, vol. iv. (1834).

His son JOSEPH DUDLEY (1647-1720), colonial governor of Massachusetts,

was born in Roxbury, Massachusetts, on the 23rd of September 1647. He

graduated at Harvard College in 1665, became a member of the general

court, and in 1682 was sent by Massachusetts to London to prevent the

threatened revocation of her charter by Charles II. There, with an eye

to his personal advancement, he secretly advised the king to annul the

charter; this was done, and Dudley, by royal appointment, became

president of the provisional council. With the advent of the new

governor, Sir Edmund Andros, Dudley became a judge of the superior court

and censor of the press. Upon the deposition of Andros, Dudley was

imprisoned and sent with him to England, but was soon set free. In

1691-1692 he was chief-justice of New York, presiding over the court

that condemned Leisler and Milburn. Returning to England in 1693, he was

lieutenant-governor of the Isle of Wight and a member of parliament, and

in 1702, after a long intrigue, secured from Queen Anne a commission as

governor of Massachusetts, serving until 1715. His administration was

marked, particularly in the earlier years, by ceaseless conflict with

the general court, from which he demanded a regular fixed salary instead

of an annual grant. He was active in raising volunteers for the

so-called Queen Anne's War, and in 1707 sent a fruitless expedition

against Port Royal. He was accused by the Boston merchants, who

petitioned for his removal, of being in league with smugglers and

illicit traders, and in 1708 a bitter attack on his administration was

published in London, entitled _The Deplorable State of New England by

reason of a Covetous and Treacherous Governor and Pusillanimous

Counsellors_. His character may be best summed up in the words of one of

his successors, Thomas Hutchinson, that "he had as many virtues as can

consist with so great a thirst for honour and power." He died at Roxbury

on the 2nd of April 1720.

Joseph Dudley's son, PAUL DUDLEY (1675-1751), graduated at Harvard in

1690, studied law at the Temple in London, and became attorney-general

of Massachusetts (1702 to 1718). He was associate justice of the

superior court of that province from 1718 to 1745, and chief justice

from 1745 until his death. He was a member of the Royal Society

(London), to whose _Transactions_ he contributed several valuable papers

on the natural history of New England, and was the founder of the

Dudleian lectures on religion at Harvard.

The best extended account of Joseph Dudley's administration is in J.

G. Palfrey's _History of New England_, vol. iv. (Boston, 1875).

DUDLEY, a municipal, county and parliamentary borough and market-town of

Worcestershire, England, in a portion of that county enclaved in

Staffordshire, 8 m. W.N.W. of Birmingham, and 121 N.W. of London by the

London & North Western railway. The Great Western railway also serves

the town. Pop. (1891) 45,724; (1901) 48,733. Dudley lies on an elevated

ridge, in the midst of the district of the midlands known as the Black

Country, which is given up to ironworks and coal mines. The "ten-yard"

coal, in the neighbourhood, is the thickest seam worked in England.

Limestone is extensively quarried, fire-clay is abundant; and

iron-founding, brass-founding, engineering works, glass works and brick

works are comprised in the industries. Among the principal buildings are

the churches of the five parishes into which the town is divided, the

town hall, county court, free libraries, and school of art, grammar

school with university and foundation scholarships, technical school,

mechanics' institute, Guest hospital (founded by Joseph Guest, a

citizen, in 1868), and a dispensary. In the market-place stands a large

domed fountain, erected by the earl of Dudley (1867). There is a

geological society with a museum, for the neighbourhood of Dudley is

full of geological interest, the Silurian limestone abounding in

fossils. To the north of the town are extensive remains of an ancient

castle, surrounded by beautiful grounds. The hill on which it stands is

of limestone, which by quarrying has been hollowed out in extensive

chambers and galleries. The view from the castle is remarkable. The

whole district is seen to be set with chimneys, pit-buildings and

factories; and at night the glare of furnaces reveals the tireless

activity of the Black Country. Dudley and its environs are connected by

a tramway system, and water communication is afforded by the Dudley

canal with Birmingham and with the river Severn.

Included in the parliamentary borough, but in Staffordshire, and 2-1/2

m. by rail S.W. of Dudley, is Brierley Hill, a market-town on the river

Stour and the Stourbridge and Birmingham Canals. Its chief buildings are

the modern church of St Michael, standing on a hill, the Roman Catholic

church of St Mary, by A.W. Pugin, the town hall and free library.

Between this and Dudley lie the great ironworks of Roundoak, and the

extensive suburb of Netherton in the enclaved portion of Worcestershire.

The industries are similar to those of Dudley. Three miles W. of Dudley

is Kingswinford, a mining township, with large brick works, giving name

to a parliamentary division of Staffordshire. The parliamentary borough

of Dudley returns one member. The town itself is governed by a mayor, 10

aldermen and 30 councillors. Area 3546 acres.

In medieval times the importance of Dudley (_Dudelei_) depended on the

castle, which is mentioned in the Domesday Survey. Before the Conquest

Earl Eadwine held the manor, which in 1086 belonged to William

FitzAnsculf, from whom it passed, probably by marriage, to Fulk Paynel,

afterwards to the Somerys, Suttons and Wards, whose descendants (earls

of Dudley) now hold it. The first mention of Dudley as a borough occurs

in an inquisition taken after the death of Roger de Somery in 1272. This

does not give a clear account of the privileges held by the burgesses,

but shows that they had probably been freed from some or all of the

services required from them as manorial tenants, in return for a fixed

rent. In 1865 Dudley was incorporated. Before that time it was governed

by a high and low bailiff appointed every year at the court leet of the

manor. Roger de Somery evidently held a market by prescription in Dudley

before 1261, in which year he came to terms with the dean of

Wolverhampton, who had set up a market in Wolverhampton to the

disadvantage of Roger's market at Dudley. According to the terms of the

agreement the dean might continue his market on condition that Roger and

his tenants should be free from toll there. Two fairs, on the 21st of

September and the 21st of April, were granted in 1684 to Edward Lord

Ward, lord of the manor. Dudley was represented in the parliament of

1295, but not again until the privilege was revived by the Reform Act of

1832. Mines of sea-coal in Dudley are mentioned as early as the reign of

Edward I., and by the beginning of the 17th century mining had become an

important industry.

DUDO, or DUDON (fl. c. 1000), Norman historian was dean of St Quentin,

where he was born about 965. Sent in 986 by Albert I. count of

Vermandois, on an errand to Richard I., duke of Normandy, he succeeded

in his mission, and, having made a very favourable impression at the

Norman court, spent some years in that country. During a second stay in

Normandy Dudo wrote his history of the Normans, a task which Duke

Richard I. had urged him to undertake. Very little else is known about

his life, except that he died before 1043. Written between 1015 and

1030, his _Historia Normannorum_, or _Libri III. de moribus et actis

primorum Normanniae ducum_, was dedicated to Adalberon, bishop of Laon.

Dudo does not appear to have consulted any existing documents for his

history, but to have obtained his information from oral tradition, much

of it being supplied by Raoul, count of Ivry, a half-brother of Duke

Richard I. Consequently the _Historia_ partakes of the nature of a

romance, and on this ground has been regarded as untrustworthy by such

competent critics as E. Dummler and G. Waitz. Other authorities,

however, e.g. J. Lair and J. Steenstrup, while admitting the existence

of a legendary element, regard the book as of considerable value for the

history of the Normans. Although Dudo was acquainted with Virgil and

other Latin writers, his Latin is affected and obscure. The _Historia_,

which is written alternately in prose and in verse of several metres, is

divided into four parts, and deals with the history of the Normans from

852 to the death of Duke Richard I. in 996. It glorifies the Normans,

and was largely used by William of Jumieges, Wace, Robert of Torigni,

William of Poitiers and Hugh of Fleury in compiling their chronicles,

and was first published by A. Duchesne in his _Historiae Normannorum

scriptores antiqui_, at Paris in 1619. Another edition is in the

_Patrologia Latina_, tome cxli. of J.P. Migne (Paris, 1844), but the

best is perhaps the one edited by J. Lair (Caen, 1865).

See E. Dummler, "Zur Kritik Dudos von St Quentin" in the _Forschungen

zur deutschen Geschichte_, Bande vi. and ix. (Gottingen, 1866); G.

Waitz, "Uber die Quellen zur Geschichte der Begrundung der

normannischen Herrschaft in Frankreich," in the _Gottinger gel.

Anzeigen_ (Gottingen, 1866); J.C.H.R. Steenstrup, _Normannerne_,

Band i. (Copenhagen, 1876); J. Lair, _Etude critique et historique sur

Dudon_ (Caen, 1865); G. Kortung, _Uber die Quellen des Roman de Rou_

(Leipzig, 1867); W. Wattenbach, _Deutschlands Geschichtsquellen_, Band

i. (Berlin, 1904); and A. Molinier, _Les Sources de l'histoire de

France_, tome ii. (Paris, 1902).

DUDWEILER, a town of Germany, in the Prussian Rhine province, on the

Sulzbach, 4 m. by rail N.E. from Saarbrucken. It has extensive coal

mines and ironworks and produces fire-proof bricks. Pop. (1905) 16,320.

DUEL (Ital. _duello_, Lat. _duellum_--old form of _bellum_--from _duo_,

two), a prearranged encounter between two persons, with deadly weapons,

in accordance with conventional rules, with the object of voiding a

personal quarrel or of deciding a point of honour. The first recorded

instance of the word occurs in Coryate's _Crudities_ (1611), but

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 Statute of Wales (Edw. I., Act 12), "_Placita

de terris in partibus istis non habent terminari per duellum_."

Duels in the modern sense were unknown to the ancient world, and their

origin must be sought in the feudal age of Europe. The single combats

recorded in Greek and Roman history and legend, of Hector and Achilles,

Aeneas and Turnus, the Horatii and Curiatii, were incidents in national

wars and have nothing in common with the modern duel. It is, however,

noteworthy that in Tacitus (_Germania_, cap. x.) we find the rudiments

of the judicial duel (see WAGER, for the wager of battle). Domestic

differences, he tells us, were settled by a legalized form of combat

between the disputants, and when a war was impending a captive from the

hostile tribe was armed and pitted against a national champion, and the

issue of the duel was accepted as an omen. The judicial combat was a

Teutonic institution, and it was in fact an appeal from human justice to

the God of battles, partly a 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

bishop, the famous edict passed at 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

trust His providence to favour the juster cause. Thus, as Gibbon

comments, the absurd and cruel practice of judicial duels, which had

been peculiar to some tribes of Germany, was propagated and established

in all the monarchies of Europe from Sicily to the Baltic. Yet in its

defence it may be urged that it abolished a worse evil, the compurgation

by oath which put a premium on perjury, and the ordeal, or judgment of

God, when the cause was decided by blind chance, or more often by

priestcraft.

The judicial combat.

Those who are curious to observe the formalities and legal rules of a

judicial combat will find them described at length in the 28th book of

Montesquieu's _Esprit des lois_. On these regulations he well remarks

that, as there are an infinity of wise things conducted in a very

foolish manner, so there are some foolish things conducted in a very

wise manner. For our present purpose it is sufficient to observe the

development of the idea of personal honour from which the modern duel

directly sprang. In the ancient laws of the Swedes we find that if any

man shall say to another, "You are not a man equal to other men," or

"You have not the heart of a man," and the other shall reply, "I am a

man as good as you," they shall meet on the highway, and then follow the

regulations for the combat. What is this but the modern challenge? By

the law of the Lombards if one man call another arga, the insulted party

might defy the other to mortal combat. What is _arga_ but the _dummer

Junger_ of the German student? Beaumanoir thus describes a legal process

under Louis le Debonnaire:--The appellant begins by a declaration before

the judge that the appellee is guilty of a certain 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 lie is

an insult which can only be wiped out by blood?

From Germany the judicial combat rapidly spread to France, where it

flourished greatly from the 10th to the 12th century, the period of

customary law. By French kings it was welcomed as a limitation of the

judicial powers of their half independent vassals. It was a form of

trial open to all freemen and in certain cases, as under Louis VI., the

privilege was extended to serfs. Even the church resorted to it not

unfrequently to settle disputes concerning church property. Abbots and

priors as territorial lords and high justiciaries had their share in the

confiscated goods of the defeated combatant, and Pope Nicholas when

applied to in 858 pronounced it "a just and legitimate combat." Yet only

three years before the council of Valence had condemned the practice,

imposing the severest penance on the victor and refusing the last rites

of the church to the vanquished as to a 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 Jean Carrouge

of having introduced himself by night in the guise of her husband whom

she was expecting on his return from the Crusades. A duel was ordained

by the parlement of Paris, which was fought in the presence of Charles

VI. Legris was defeated and hanged on the spot. Not long after, a

criminal arrested for some other offence confessed himself to be the

author of the 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 Heaven, and becomes merely a

satisfaction of wounded honour. Under Louis XII. and 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 Francois de Vivonne de la Chataignerie

and Guy Chabot de Jarnac. The duel was fought on the 10th of July 1547

in the courtyard of the chateau of St Germain-en-Laye, in the presence

of the king and a large assembly of courtiers. It was memorable in two

ways. It enriched the French language with a new phrase; a sly and

unforeseen blow, such as that by which de Jarnac worsted La

Chataignerie, has since been called a _coup de Jarnac_. And Henry,

grieved at the death of his favourite, swore a 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 decree of the council of Trent

(cap. xix.) a ban was laid on "the detestable use of duels, an invention

of the devil to compass the destruction of souls together with a bloody

death of the body."

In England, it is now generally agreed, the wager of battle did not

exist before the time of the Norman 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 such instance is worth quoting as a curious illustration of

the superstition of the time. It occurs in a rare tract printed in

London, 1610, _The Duello_, or _Single Combat_. "Danish irruptions and

the bad aspects of Mars having drencht the common mother earth with her

sonnes' blood streames, under the reigne of Edmund, a Saxon monarch,

_misso in compendium_ (so worthy Camden expresseth it) _bello utriusque

gentis fata Edmundo Anglorum et Canuto Danorum regibus commissa fuerunt,

qui singulari certamine de summa imperij in hac insula_ (that is, the

Eight in Glostershire) _depugnarunt."_ By the laws of William the

Conqueror the trial by battle was only compulsory when the opposite

parties were both 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 land. The method of procedure is admirably described

by Shakespeare in the opening scene in _Richard II._, where Henry of

Bolingbroke, duke of Hereford, challenges Thomas, duke of Norfolk; in

the mock-heroic battle between Horner the Armourer and his man Peter in

_Henry VI._; and by Sir W. Scott in the _Fair Maid of Perth_, where

Henry Gow appears before the king as the champion of Magdalen Proudfute.

The judicial duel never took root in England as it did in France. In

civil suits it was superseded by the grand assize of Henry II., and in

cases of felony by indictment at the prosecution of the crown. One of

the latest instances occurred in the reign of Elizabeth, 1571, when the

lists were actually prepared and the justices of the common pleas

appeared at Tothill Fields as umpires of the combat. Fortunately the

petitioner failed to put in an appearance, and was consequently

nonsuited (see Spelman, _Glossary_, s.v. "Campus"). As late as 1817 Lord

Ellenborough, in the case of _Thornton_ v. _Ashford_, pronounced that

"the 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 Mary Ashford, and claimed

his right to challenge the appellant, the brother of the murdered girl,

to wager of battle. His suit was allowed, and, the challenge being

refused, the accused escaped. Next year the law was abolished (59 Geo.

III., c. 46).

The duel of honour.

In France.

In sketching the history of the judicial combat we have traced the

parentage of the modern duel. Strip the former of its legality, and

divest it of its religious sanction, and the latter remains. We are

justified, then, in dating the commencement of duelling from the

abolition of the wager of battle. To pursue its history we must return

to France, the country where it first arose, and the soil on which it

has most flourished. The causes which made it indigenous to France are

sufficiently explained by the condition of society and the national

character. As Buckle has pointed out, duelling is a special development

of chivalry, and chivalry is one of the phases of the protective spirit

which was predominant 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 race. Montaigne, when touching on

this subject in his essays, says, "Put three Frenchmen together on the

plains of Libya, and they will not be a month in company without

scratching one another's eyes out." The third chapter of d'Audiguier's

_Ancien usage des duels_ is headed, "Pourquoi les seuls Francais se

battent en duel." English literature abounds with allusions to this

characteristic of the French nation. Lord Herbert of Cherbury, who was

ambassador at the court of Louis XIII., says, "There is scarce a

Frenchman worth looking on who has not killed his man in a duel." Ben

Jonson, in his _Magnetic Lady_, makes Compass, the scholar and soldier,

thus describe France, "that garden of humanity":--

"There every gentleman professing arms

Thinks he is bound in honour to embrace

The bearing of a challenge for another,

Without or questioning the cause or asking

Least colour of a reason."

Duels were not common before the 16th century. Hallam attributes their

prevalence to the barbarous custom of wearing swords as a part of

domestic dress, a fashion which was not introduced till the later part

of the 15th century. In 1560 the states-general at Orleans supplicated

Charles IX. to put a stop to duelling. Hence the famous ordinance of

1566, drawn up by the chancellor de l'Hopital, 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 1602 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 opinion was revolted

by such rigour, and the statue remained a dead letter. A duel forms a

fit conclusion to the reign. A hair-brained youth named L'Isle Marivaux

swore that he would not survive his beloved king, and threw his cartel

into the 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 Don Philip of 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 1601 and 1609,

2000 men of noble birth fell in duels. In 1609 a more effective measure

was taken at the instance of Sully by the establishment of a court of

honour. The edict decrees that all aggrieved persons shall address

themselves to the king, either directly or through the medium of the

constables, marshals, &c.; that the king shall decide, whether, if an

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 office or employment, and be mulcted of

one-third of his 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 burial, and his 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 Henri Martin "the wisest

decree of the ancient monarchy on a matter which involves so many

delicate and profound questions of morals, politics, and religion

touching civil rights" (_Histoire de France_, x. 466).

In the succeeding reign the mania for duels revived. Rostand's _Cyrano_

is a life-like modern portraiture of French bloods in the first half of

the 17th century. De Houssaye tells us that in Paris when friends met

the first question was, "Who fought yesterday? who is to fight to-day?"

They fought by night and day, by moonlight and by torch-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

adjudication. Often, like gladiators or 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 ici,

battons-nous." Seconds, as Montaigne tells us, are no longer witnesses,

but must take part themselves unless they would be thought wanting in

affection or courage; and he goes on to complain that men are no longer

contented with a single second, "c'etait anciennement des duels, ce sont

a cette heure rencontres et batailles." There is no more striking

instance of Richelieu's firmness and 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 elder brother, the head of the house, had fallen in a

duel stabbed to the heart by an enemy of the 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 death any one

who had killed his adversary in a duel, or had been found guilty of

sending a challenge a second time. Banishment and partial 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 gorge aux duels ou aux

edits de votre Majeste." The 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 place at

midday on the Place Royale. Boutteville was arrested with his second,

the count de Chapelles; they were tried by the parlement of Paris,

condemned and, in spite of all the influence of the powerful house of

Montmorenci, of which de Boutteville was a branch, they were both

beheaded on the 21st of June 1627. For a short time the ardour of

duellists was cooled. But the 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 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, prince of Melfi, when

viceroy of Piedmont, finding that his officers were being decimated by

duelling, proclaimed that all duels should be fought on the parapet of

the Ponte Vecchio, and if one of the combatants chanced to fall into the

river he should on no 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

Coligny, the last fought on the Place Royale, and that between the dukes

of Beaufort and Nemours, each attended by four friends. Of the ten

combatants, Nemours and two others were killed on the spot, and none

escaped without some 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 confirmed the enactments of his predecessors,

Henry IV. and Louis XII. At the same time a solemn agreement was entered

into by the principal nobility that they would never engage in a duel on

any pretence whatever. A medal was struck to commemorate the occasion,

and the firmness of the king, in refusing pardon to all offenders,

contributed more to restrain this scourge of society than all the

efforts of his predecessors.

The subsequent history of duelling in France may be more shortly

treated. In the 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. 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 12th

of April 1723. Then came the Revolution, which in abolishing the _ancien

regime_ fondly trusted that with it would go the duel, one of the

privileges and abuses of an aristocratic society. Dupleix, in his

_Military Law concerning the Duel_ (1611), premises that these have no

application to lawyers, merchants, financiers or justices. This explains

why in the legislation of the National Assembly there is no mention of

duels. Camille Desmoulins when challenged shrugged his shoulders and

replied to the charge of cowardice that he would prove his courage on

other fields than the Bois de Boulogne. The two great Frenchmen whose

writings preluded the French Revolution both set their faces against it.

Voltaire had indeed, as a young man, in obedience to the dictates of

society, once sought satisfaction from a nobleman for a brutal insult,

and had reflected on his temerity in the solitude of the Bastille.[1]

Henceforward he inveighed against the practice, not only for its

absurdity, but also for its aristocratic exclusiveness. Rousseau had

said of duelling, "It is not an institution of honour, but a horrible

and barbarous custom, which a courageous man despises and a good man

abhors." Napoleon was a sworn foe to it. "Bon duelliste mauvais soldat"

is one of his best known sayings; and, when the king of Sweden sent him

a challenge, he replied that he would order a fencing-master to attend

him as plenipotentiary. After the battle of Waterloo duels such as Lever

loves to depict were frequent between disbanded French officers and

those of the allies in occupation. The restoration of the Bourbons

brought with it a fresh crop of duels. Since then duels have been

frequent in France--more frequent, however, in novels than in real

life--fought mainly between politicians and journalists, and with rare

exceptions bloodless affairs. If fought with pistols, the distance and

the weapons chosen render a hit improbable; and, if fought with rapiers,

honour is generally satisfied with the first blood drawn. Among

Frenchmen famous in politics or letters who have "gone out" may be

mentioned Armand Carrel, who fell in an encounter with Emile Girardin;

Thiers, who thus atoned for a youthful indiscretion; the elder Dumas;

Lamartine; Ste Beuve, who to show at once his sangfroid and his sense of

humour, fought under an umbrella; Ledru Rollin; Edmond About; Clement

Thomas; Veuillot, the representative of the church militant; Rochefort;

and Boulanger, the Bonapartist _fanfaron_, whose discomfiture in a duel

with Floquet resulted in a notable loss of popular respect.

In England.

Duelling did not begin in England till some hundred years after it had

arisen in France. There is no instance of a private duel fought in

England before the 16th century, and they are rare before the reign of

James I. A very fair notion of the comparative popularity of duelling,

and of the feeling with which it was regarded at various periods, might

be gathered by examining the part it plays in the novels and lighter

literature of the times. The earliest duels we remember in fiction are

that in the _Monastery_ between Sir Piercie Shafton and Halbert

Glendinning, and that in _Kenilworth_ between Tressilian and Varney.

(That in _Anne of Geierstein_ either is an anachronism or must reckon as

a wager by battle.) Under James I. we have the encounter between Nigel

and Lord Dalgarno. The greater evil of war, as we observed in French

history, expels the lesser, and the literature of the Commonwealth is in

this respect a blank. With the Restoration there came a reaction against

Puritan morality, and a return to the gallantry and loose manners of

French society, which is best represented by the theatre of the day. The

drama of the Restoration abounds in duels. Passing on to the reign of

Queen Anne, we find the subject frequently discussed in the _Tatler_ and

the _Spectator_, and Addison points in his happiest way the moral to a

contemporary duel between Mr Thornhill and Sir Cholmeley Dering. "I come

not," says Spinomont to King Pharamond, "I come not to implore your

pardon, I come to relate my sorrow, a sorrow too great for human life to

support. Know that this morning I have killed in a duel the man whom of

all men living I love best." No reader of _Esmond_ can forget

Thackeray's description of the doubly fatal duel between the duke of

Hamilton and Lord Mohun, which is historical, or the no less life-like

though fictitious duel between Lord Mohun and Lord Castlewood. The duel

between the two brothers in Stevenson's _Master of Ballantrae_ is one of

the best conceived in fiction. Throughout the reigns of the Georges they

are frequent. Richardson expresses his opinion on the subject in six

voluminous letters to the _Literary Repositor_. Sheridan, like Farquhar

in a previous generation, not only dramatized a duel, but fought two

himself. Byron thus commemorates the bloodless duel between Tom Moore

and Lord Jeffrey:--

"Can none remember that eventful day,

That ever glorious almost fatal fray,

When Little's leadless pistols met the eye,

And Bow Street myrmidons stood laughing by?"

There are no duels in Miss Austen's novels, but in those of Miss

Edgeworth, her contemporary, there are three or four. As we approach the

19th century they become rarer in fiction. Thackeray's novels, indeed,

abound in duels. "His royal highness the late lamented commander-in-chief"

had the greatest respect for Major Macmurdo, as a man who had conducted

scores of affairs for his acquaintance with the greatest prudence and

skill; and Rawdon Crawley's duelling pistols, "the same which I shot

Captain Marker," have become a household word. Dickens, on the other hand,

who depicts contemporary English life, and mostly in the middle classes,

in all his numerous works has only three; and George Eliot never once

refers to a duel. Tennyson, using a poet's privilege, laid the scene of a

duel in the year of the Crimean War, but he echoes the spirit of the times

when he stigmatizes "the Christless code that must have life for a blow."

Browning, who delights in cases of conscience, has given admirably the

double moral aspect of the duel in his two lyrics entitled "Before" and

"After."

To pass from fiction to fact we will select the most memorable English

duels of the last century and a half. Lord Byron killed Mr Chaworth in

1765; Charles James Fox and Mr Adams fought in 1779; duke of York and

Colonel Lennox, 1789; William Pitt and George Tierney, 1796; George

Canning and Lord Castlereagh, 1809; Mr Christie killed John Scott,

editor of the _London Magazine_, 1821; duke of Wellington and earl of

Winchelsea, 1829; Mr Roebuck and Mr Black, editor of _Morning

Chronicle_, 1835; Lord Alvanley and a son of Daniel O'Connell in the

same year; Earl Cardigan wounded Captain Tuckett, was tried by his

peers, and acquitted on a legal quibble, 1840.

The year 1808 is memorable in the annals of duelling in England. Major

Campbell was sentenced to death and executed for killing Captain Boyd in

a duel. In this case it is true that there was a suspicion of foul play;

but in the case of Lieutenant Blundell, who was killed in a duel in

1813, though all had been conducted with perfect fairness, the surviving

principal and the seconds were all convicted of murder and sentenced to

death, and, although the royal pardon was obtained, they were all

cashiered. The next important date is the year 1843, when public

attention was painfully called to the subject by a duel in which Colonel

Fawcett was shot by his brother-in-law, Lieutenant Monro. The survivor,

whose career was thereby blasted, had, it was well known, gone out most

reluctantly, in obedience to the then prevailing military code. A full

account of the steps taken by the prince consort, and of the

correspondence which passed between him and the duke of Wellington, will

be found in the _Life of the Prince_ by Sir Theodore Martin. The duke,

unfortunately, was not an unprejudiced counsellor. Not only had he been

out himself, but, in writing to Lord Londonderry on the occasion of the

duel between the marquess and Ensign Battier in 1824, he had gone so far

as to state that he considered the probability of the Hussars having to

fight a duel or two a matter of no consequence. In the previous year

there had been formed in London the association for the suppression of

duelling. It included leading members of both houses of parliament and

distinguished officers of both services. The first report, issued in

1844, gives a memorial of the association presented to Queen Victoria

through Sir James Graham, and in a debate in the House of Commons (15th

of March 1844) Sir H. Hardinge, the secretary of war, announced to the

House that Her Majesty had expressed herself desirous of devising some

expedient by which the barbarous practice of duelling should be as much

as possible discouraged. In the same debate Mr Turner reckoned the

number of duels fought during the reign of George III. at 172, of which

91 had been attended with fatal results; yet in only two of these cases

had the punishment of death been inflicted. But though the proposal of

the prince consort to establish courts of honour met with no favour, yet

it led to an important amendment of the articles of war (April 1844).

The 98th article ordains that "every person who shall fight or promote a

duel, or take any steps thereto, or who shall not do his best to prevent

duel, shall, if an officer, be cashiered, or suffer such other penalty

as a general court-martial may award." These articles, with a few verbal

changes, were incorporated in the consolidated Army Act of 1879 (section

38), which is still in force.

In Germany.

In the German army duels are still authorized by the military code as a

last resort in grave cases. A German officer who is involved in a

difficulty with another is bound to notify the circumstance to a council

of honour at the latest as soon as he has either given or received a

challenge. A council of honour consists of three officers of different

ranks and is instructed, if possible, to bring about a reconciliation.

If unsuccessful it must see that the conditions of the duel are not out

of proportion to the gravity of the quarrel. Public opinion was greatly

roused by a tragic duel fought by two officers of the reserve in 1896;

and the German emperor in a cabinet order of 1897, confirmed in 1901,

enforced the regulation of the military court of honour, and gave

warning that any infringement would be visited with the full penalties

of the law. It is, notwithstanding, still the fact that a German officer

who is not prepared to accept a challenge and fight, if the opinion of

his regiment demands it, must leave the service. The German penal code

(_Reichsstrafgesetzbuch_, pars. 101-110) only punishes a duel when it is

fought with lethal weapons; and much controversy has raged round the

question of the _Mensuren_ or students' duels, which, as being conducted

with sharpened rapiers, have, despite the precautions taken, in the way

of bandaging the vital parts of the body which a cut would reach, to

reduce the risk of a fatal issue to a minimum, been declared by the

Supreme Court of the Empire to fall under the head of duels, and as such

to be punishable.

The _Mensuren_ (German students' duels) above referred to are frequently

misunderstood. They bear little resemblance, save in form, to the duel

_a outrance_, and should rather be considered in the light of athletic

games, in which the overflow of high animal spirits in young Germany

finds its outlet. These combats are indulged in principally by picked

representatives of the "corps" (recognized clubs), and according to the

position and value of the _Schmisse_ (cuts which have landed) points are

awarded to either side. Formerly these so-called duels could be openly

indulged in at most universities without let or hindrance. Gradually,

however, the academic authorities took cognizance of the illegality of

the practice, and in many cases inflicted punishment for the offence.

Nowadays, owing to the decision of the supreme court reserving to the

common law tribunals the power to deal with such cases, the governing

bodies at the universities have only a disciplinary control, which is

exercised at the various seats of learning in various degrees: in some

the practice is silently tolerated, or at most visited by reprimand; in

others, again, by relegation or _carcer_--with the result that the

students of one university frequently visit another, in order to be able

to fight out their battles under less rigorous surveillance.

Modern views.

Any formal discussion of the morality of duelling is, in England at

least, happily superfluous. No fashionable vice has been so unanimously

condemned both by moralists and divines, and in tracing its history we

are reminded of the words of Tacitus, "in civitate nostra et vetabitur

semper et retinebitur." Some, however, of the problems, moral and

social, which it suggests may be shortly noticed. That duelling

flourished so long in England the law is, perhaps, as much to blame as

society. It was doubtless from the fact that duels were at first a form

of legal procedure that English law has refused to take cognizance of

private duels. A duel in the eye of the law differs nothing from an

ordinary murder. The greatest English legal authorities, from the time

of Elizabeth downwards, such as Coke, Bacon and Hale, have all

distinctly affirmed this interpretation of the law. But here as

elsewhere the severity of the penalty defeated its own object. The

public conscience revolted against a Draconian code which made no

distinction between wilful murder and a deadly combat wherein each party

consented to his own death or submitted to the risk of it. No jury could

be found to convict when conviction involved in the same penalty a Fox

or a Pitt and a Turpin or a Brownrigg. Such, however, was the

conservatism of English publicists that Bentham was the first to point

out clearly this defect of the law, and propose a remedy. In his

_Introduction to the Principles of Morals and Legislation_, published in

1789, Bentham discusses the subject with his usual boldness and logical

precision. In his exposition of the absurdity of duelling considered as

a branch of penal justice, and its inefficiency as a punishment, he only

restates in a clearer form the arguments of Paley. So far there is

nothing novel in his treatment of the subject. But he soon parts company

with the Christian moralist, and proceeds to show that duelling does,

however rudely and imperfectly, correct and repress a real social evil.

"It entirely effaces a blot which an insult imprints upon the honour.

Vulgar moralists, by condemning public opinion upon this point, only

confirm the fact." He then points out the true remedy for the evil. It

is to extend the same legal protection to offences against honour as to

offences against the person. The legal satisfactions which he suggests

are some of them extremely grotesque. Thus for an insult to a woman, the

man is to be dressed in a woman's clothes, and the retort to be

inflicted by the hand of a woman. But the principle indicated is a sound

one, that in offences against honour the punishment must be analogous to

the injury. Doubtless, if Bentham were now alive, he would allow that

the necessity for such a scheme of legislation had in a great measure

passed away. That duels have since become extinct is no doubt

principally owing to social changes, but it may be in part ascribed to

improvements in legal remedies in the sense which Bentham indicated. A

notable instance is Lord Campbell's Act of 1843, by which, in the case

of a newspaper libel, a public apology coupled with a pecuniary payment

is allowed to bar a plea. In the Indian Code there are special

enactments concerning duelling, which is punishable not as murder but as

homicide.

Suggestions have from time to time been made for the establishment of

courts of honour, but the need of such tribunals is doubtful, while the

objections to them are obvious. The present tendency of political

philosophy is to contract rather than extend the province of law, and

any interference with social life is justly resented. Real offences

against reputation are sufficiently punished, and the rule of the

lawyers, that mere scurrility or opprobrious words, which neither of

themselves import nor are attended with any hurtful effects, are not

punishable, seems on the whole a wise one. What in a higher rank is

looked upon as a gross insult may in a lower rank be regarded as a mere

pleasantry or a harmless joke. Among the lower orders offences against

honour can hardly be said to exist; the learned professions have each

its own tribunal to which its members are amenable; and the highest

ranks of society, however imperfect their standard of morality may be,

are perfectly competent to enforce that standard by means of social

penalties without resorting either to trial by law or trial by battle.

The duel, which in a barbarous age may be excused as "a sort of wild

justice," was condemned by Bacon as "a direct affront of law and tending

to the dissolution of magistracy." It survived in more civilized times

as a class distinction and as an ultimate court of appeal to punish

violations of the social code. In a democratic age and under a settled

government it is doomed to extinction. The military duels of the

European continent, and the so-called American duel, where the lot

decides which of the two parties shall end his life, are singular

survivals. For real offences against reputation law will provide a

sufficient remedy The learned professions will have each its own

tribunal to which its members are amenable. Social stigma is at once a

surer and a juster defence against conduct unworthy of a gentleman. Yet

the duel dies hard, and even to-day it is approved or palliated by some

notable publicists and professors in France and Germany. M.H. Marion

(_La Grande Encyclopedie_), in an article strongly condemnatory of

duels, still holds that the wrongdoer is bound to accept a challenge,

though he may not take the offensive, and further allows that obligatory

duels may be the only way of evoking a sense of honour and of

maintaining discipline in the army. Dr Paulsen goes much further, and

not only defends the duels of university students (_Mensuren_) as an

encouragement of physical exercise, a proof of courage and a protest of

worth against wealth, but maintains generally that the duel should be

retained as an expedient in those exceptional cases when a man cannot

bring himself to drag before a law court the outrage done to his

personal honour. But in such cases Dr Paulsen would have the courts hold

the injured person scathless, whether he be challenger or challenged,

and visit the aggressor with condign punishment.

BIBLIOGRAPHY.--Castillo, _Tractatus de duello_ (Turin, 1525); J.P.

Pigna, _Il Duello_ (1554); Muzio Girolamo, _Traite du duel_ (Venice,

1553): Boyssat, _Recherches sur les duels_ (Lyons, 1610); J. Savaron,

_Traite contre les duels_ (Paris, 1610); Brantome, _Memoire sur les

duels rodomontades_; F. Bacon, _Charge concerning Duels_, &c. (1614);

d'Audiguier, _Le Vray et ancien usage des duels_ (Paris, 1617); _His

Majesties Edict and severe Censure against private combats_ (London,

1618); Cockburn, _History of Duels_ (London, 1720); Brillat Savarin,

_Essai sur le duel_ (1819); Chateauvillard, _Essai sur le duel_

(1836); Colombey, _Histoire anecdotique du duel_ (Paris); Fourgeroux

de Champigneules, _Histoire des duels anciens et modernes_ (2 vols.,

Paris, 1835-1837); Millingen, _History of Duelling_ (London, 1841); L.

Sabine, _Notes on Duels_ (Boston, 1855); Steinmetz, _Romance of

Duelling_ (London, 1868). See also Eugene Cauchy, _Du duel_, &c.

(1846), a learned and philosophic treatise by a French lawyer; G.

Letainturier-Fradin, _Le Duel a travers les ages_ (Paris, 1892);

Mackay, _History of Popular Delusions, Duels and Ordeals_; and for a

valuable list of authorities, Buckle, _History of Civilization in

England_, ii. 137, note 71. For judicial combats see Gibbon, _Decline

and Fall_, ch. xxxviii. For courts of honour see _Armed Strength of

the German Empire_ (1876). For _Mensur_, see Paulsen, _The German

Universities_ (1906), ch. vi. (F. S.)

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