Read Ebook: The History of Duelling. Vol. 2 (of 2) by Millingen J G John Gideon

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THE SECOND VOLUME.

DUELS IN GREAT BRITAIN AND IRELAND.

Personal Combats introduced into England Page by the followers of William the 1 Conqueror.--Modification of the barbarous practice of Trial by Battle.--The Law of England with regard to Duels.--Legal Opinions on the subject by the greatest Authorities

Case of Morgan.--Case of Richard 5 Taverner.--Early Challenges.--Combats prevented by Regal and Judicial Interference.--Challenge of the Duke of Brunswick by the Duke of Lancaster--and of the Duke of Norfolk by the Duke of Hereford

Meeting between the Earl of Salisbury 6 and the Bishop of Salisbury, for the right of the Castle of Old Sarum.--Desuetude of the Trial by Battle.--Instance of, in the reign of Elizabeth,--and in the Court of Chivalry in 1631.--Case of Thornton and Ashford, in 1818.--The barbarous and superstitious practice abolished

Duels in the Reign of James the 9 First.--Lord Bacon's Speech in the Star-Chamber Court.--His determination to make no distinction between a Coronet and a Hatband in his efforts to repress the practice.--Instances of the chivalric notions of the Times.--Lord Herbert of Cherbury's Challenge to De Guise.--Fatal Duel between Sir Hatton Cheek and Sir Thomas Dutton.--Between Lord Sanquair and a Fencing-master.--Desperate Duel between two Noblemen

Cause of the rarity of Duelling during 21 the Civil Wars.--Cromwell's Ordinance for punishing and preventing the practice.--Purgation by Single Combat in 1631.--Case of Lord Rea.--Fatal Duel between the Earl of Dorset and Lord Bruce at Antwerp.--Between Duke Hamilton and Lord Mohun.--Bill brought into the House of Commons for the Prevention of Duelling.--Lord Mohun's Trial for the Murder of Montford the Player

Duel, in 1662, between Mr. Jermyn and 38 Colonel Rawlins.--Lord Chancellor Clarendon challenged by Lord Ossory.--Scuffle between the Duke of Buckingham and the Marquess of Dorchester.--Meeting in Covent-garden between Sir Henry Bellasses and Mr. Porter.--Duel between the Earl of Shrewsbury and the Duke of Buckingham--and between their seconds, Sir John Talbot and Sir J. Jenkins.--Sir William Coventry committed to the Tower by the King for sending a challenge to Buckingham.--Anecdote illustrative of the profligacy of the times.--Quarrel of Ambassadors regarding precedency

Quarrel between Beau Fielding and 46 Fulwood.--Duel between Dr. Mead and Dr. Woodward.--Between Dr. Williams and Dr. Bennet.--Between Ensign Sawyer and Captain Wrey.--Between Mr. Paul and Mr. Dalton.--Prevalence of general frays.--Riot of about a hundred "gentlemen" in Windmill-street with swords and canes.--Clubs of desperadoes.--Proclamation to suppress them

Duel between Major Oneby and Mr. 52 Gower.--Sentence of death passed on the Major.--Endeavours of Addison and Steele to check the rage for duelling.--Duel between Sir Cholmondeley Dering and Mr. Thornhill.--Addison's account of the "Hum-drum and Mum clubs."--Anecdote.--Duel between Steele and a brother officer in the Coldstream Guards.--Letter from an officer of the Guards declining a meeting.--Anecdote related by Horace Walpole illustrative of the manners of the day

Duel between Lord Byron and Mr. 60 Chaworth.--Reflections thereon.--Duel between Lord Talbot and John Wilkes.--Between Mr. Wilkes and Mr. Martin.--Between Mr. Wilkes and Mr. Forbes

DUELS DURING THE REIGN OF GEORGE THE THIRD.

Reflections on the frequency of Duelling 84 during this long reign

Duel between Lord Kilmaurs and a French 92 officer, at Marseilles, May, 1765

DUELS IN VARIOUS COUNTRIES, FROM 1820 TO 1841.

HISTORY OF DUELLING.

DUELS IN GREAT BRITAIN.

IN the beginning of this work an account has been given of various traditional trials by combat and judicial ordeals, marked with a similar character of brutality and superstition to that which distinguished similar meetings in France and other countries; and it has also been observed, that it appears evident that personal combats were brought into vogue in England by the followers of William the Conqueror. But the barbarous practice of trial by battle was modified in our island by various circumstances, and was chiefly applied to three special cases--The decision of causes in a military Court of Chivalry; Appeals of felony; and civil cases upon issue joined in a writ of right. This last ordeal, until the reign of Henry II, was the only mode of decision.

According to the maxim of the law of England, there is no rule more distinctly stated than that slaying, in a deliberate duel, is wilful murder; yet at all times considerable difficulties have arisen in this admission and construction.

The same legal authority further says, "Some have gone so far as to hold that the seconds of the person killed are also equally guilty, in respect to that countenance which they gave to their principals in the execution of their purpose, by accompanying them therein, and being ready to bear a part with them:" but, perhaps, the contrary opinion is the more plausible; for it seems too severe a construction to make a man, by such reasoning, the murderer of his friend, to whom he was so far from intending a mischief, that he was ready to hazard his own life in his quarrel.

The highest authorities have strained the law to crush duelling without the aid of the legislature, and Hawkins says, that "it seems agreed, that whenever two persons in cold blood meet and fight on a precedent quarrel, and one of them is killed, the other is guilty of murder, and cannot help himself by alleging that he was first struck by the deceased." Sir Edward Coke, in the case of Thomas, makes the following observation:--"As for direction to the jury, in cases of murder grounded upon former malice, it is very clear, and so it is adjudged in Plowden's Commentaries, that if two men fall out, malice before is not anything material for the jury to inquire, but the subsequent matter, who began the affray; and if he be killed who offered the first wrong, yet it may be murder in the other who killed him, and the subsequent beginning not material."

It would be foreign to the nature of this work to enter more fully into the legal opinions entertained on this matter by the greatest authorities, but many instances are upon record, in which, upon the judge's charge, the survivor in a duel has been found guilty of murder. Such was the case of Morgan for the murder of Egerton; but he subsequently was pardoned, and set at large.

In the case of Richard Taverner a verdict of guilty of wilful murder was also found. The antagonist whom he had killed, was a man of the name of Bird, whose second, Hughes, was also killed. But many cases are on record, in which, notwithstanding the judge's charge to the jury, a verdict of manslaughter was found.

In the reign of Richard II, Henry, Duke of Hereford, sent, by Thomas Mowbray, Duke of Norfolk, good advice and counsel to the King, which was purposely misrepresented, and mixed with offensive words, of which the Duke of Hereford being informed, he went to the King and explained the message he had sent; but denied the false one delivered in his name, and begged that he might combat the Duke of Norfolk, and maintain the truth. Leave was granted, and time and place appointed; but when they appeared and were ready to draw their swords, the King, who had submitted the matter to Parliament, commanded them to forbear, banished the Duke of Norfolk for ever, and his cousin of Hereford for a term of years: the meeting took place in 1398, near Coventry.

From the commencement of the war of the roses, the trial by battle fell into desuetude. One of the latest instances of this ordeal was in the reign of Elizabeth, in 1571, when a suit having been instituted for recovery of certain manorial rights in the isle of Hartie, Kent, the defendant offered to maintain his claim by duel. The plaintiff accepted the challenge, champions were appointed, and the requisite arrangements made. On the day appointed, the judges, attended by the counsel of the parties, repaired to the lists in Tothill-fields, as umpires of the combat; but as the plaintiff did not make his appearance to acknowledge his champion, he was nonsuited, or rather the suit was compounded--the defendant remaining in possession by paying a stipulated sum to the petitioners; but yet to save the credit of the defendant, who had demanded the combat, all the ceremonials of time, place, and arms, were adjusted. Another instance occurred in the Court of Chivalry, in 1631: a trial by battle was also demanded in the palatine of Durham, in 1638. Of late years, it was only in 1818, that a similar demand was made in the case of Thornton and Ashford, when this barbarous and superstitious practice was finally abolished.

It appears that De Guise did not think it expedient to accept the challenge.

The peace of the realm appears to have been frequently disturbed during the reign of James by duels, in which many valuable lives were lost. The death of Sir Hatton Cheek was one of these fatal occurrences. This gallant officer was the second in command of the English army at the siege of Juliers, in 1609, where a few hasty words addressed by him to Sir Thomas Dutton, induced that officer, who was of an inferior rank, to resign his commission and repair to England, where he endeavoured to injure the character of Cheek by various unfavourable reports, and the latter demanded a meeting at Calais. On their meeting on the sands, Dutton began to reproach Cheek with the injuries he had received at his hands, but Cheek insisted upon the immediate settlement of the business. The seconds stripped both parties to their shirts, and they attacked each other, each of them armed with a rapier and a dagger. In the first onset Cheek ran Dutton through the throat with his dagger, close to the windpipe; when Dutton made a pass at him and ran him through the body, while he stabbed him in the back with his poniard. Although Cheek's wounds were mortal, he rushed upon his antagonist, who, observing that he gradually drooped from loss of blood, merely kept on the defensive till he fell dead at his feet.

"The affront which you gave me at the imperial minister's ball last night, would argue me a person very unworthy of the character I bear, to let it pass unregarded. To prove me that adventurous knight, which your evasive expression would have given the noble Lady to understand, may perhaps be the most acceptable means to reconcile your spleen; convince me then that you are more of a gentleman than I have reason to believe, by meeting me near the first tree behind the lodge in Hyde-park, precisely at half an hour after five to-morrow morning; and that there may be no pretension to delay, I have sent by the bearer of this two swords, of which I give you the privilege to make a choice. I shall approve of whatever terms of fighting you shall please to purpose. In the interim I wish your Lordship a good rest.

B."

"I received your Grace's message, and accept the contents. It would give me a sensible concern to be obliged to give up the pretension which your Grace is doubtful of. It was from an oversight, I presume, that your Grace gave me the privilege to choose my sword, except your Grace has been so little used to this sort of ceremony as to have forgot that it is the challenger's choice. This, however, is but a trifle . The terms I leave to our seconds, and will not fail to appear at the time appointed, and in the interim I wish your Grace a very good night.

B."

They arrived somewhat before the appointed time, and took several turns from the tree to the lodge, his Lordship several times expressing surprise at his Grace's delay, though it was not more than two minutes beyond it. His Grace then arrived, attended with one second only. He bade his Lordship a good morning, and hoped he had not waited for him long; then pulling out his watch, said that he had hit it to a point, adding, that he would rather die than break his promise upon such an occasion. His Lordship returned the expression, and said, that though they had waited a little, there was sufficient time left to despatch the business they were upon. To which his Grace replied, the sooner it is despatched, the more leisure there will be behind. In the interim, the seconds were pairing the swords, and each one loading his adversary's pistols. They then agreed to the following terms, viz.:--

During the civil wars that brought Charles's head to the block, duelling became a very rare occurrence, and this circumstance is attributed to the following causes by an ingenious writer on the subject:--"These civil wars were not of a nature calculated, like those of France, to increase the rage of the duel, but rather to suspend the frequency of its practice. As it was not a struggle between two powerful factions of the nobility and gentry one against the other, but of the commonalty against whatever was called royal, noble, or honourable in rank and fortune; the consequence was, that the gentry, and those who had been accustomed to look to their own swords for revenge in personal affronts, would have disdained to have settled points of honour by private duel, with antagonists of such ignoble birth. The general course of their thoughts being also bent on the repulsion of the common enemy of the order of gentry, they became more closely united within themselves, and were less in the habit of paying a scrupulous attention to all the supercilious dictates of a captious honour."

During the Protectorate duels were unfrequent from causes somewhat similar amongst the upper classes, while the lower orders were inspired with a religious zeal and a fanatic enthusiasm, which would have induced them to consider assassination scarcely a greater sin than a duel. Yet we find that Cromwell, in 1654, passed an ordinance for punishing and preventing duelling. In this enactment it was provided, that all persons sending, carrying, or accepting a challenge, were to be imprisoned for six months; and persons who were challenged, and who did not declare it within twenty-four hours, were to be considered as acceptors. When death ensued in a duel, it was to be considered murder; and persons using provoking words or gestures, to be indicted, and, if convicted, to be fined, bound to good behaviour, and to make reparation to the party injured, according to the quality or the nature of the offence.

There was, however, a preparation for a purgation by single combat, in a doubtful case, in the reign of Charles I, A.D. 1631. "The Lord Rea, a Scotch Baron, impeached Ramsay and Meldrum for moving him to join a conspiracy. They denied it positively, and no witness could be produced. Ramsay, a soldier, offered to clear himself by combat that he was innocent, and the appellant, Rea, accepted the challenge. The King was desirous it should be put upon the duel, and the judges were consulted. According to their advice there was a Court of the Constable and Marshal appointed, and the Earl of Lindsey special constable for the purpose; and the proceedings between Rea and Ramsay in that Court were very solemn, multitudes of people attending the novelty. The business, however, was afterwards made up by the King, through the Marquis Hambleton, whose servant Ramsay was, and the Lord Rea returned to his command under the King of Sweden in Germany."

It was under the reign of James that the celebrated duel between the Earl of Dorset and Lord Bruce took place at Antwerp. Jealousy appears to have been the cause of the difference that led to their fatal meeting. The offence had been of long standing, but it was renewed at Canterbury, when Lord Bruce gave the Earl "two or three good buffets in the face," Sackville being without a weapon, "having given his rapier instantly before to the Palsgrave." It appears, however, that on this occasion "they were parted, and made friends by the noblemen that were present," and Lord Bruce went to France "to learn to fence." A short time after the parties met by appointment, and the Earl gives the following account of the transaction:--

"As I am not ignorant, so I ought to be sensible of the false aspersions some authorless tongues have laid upon me in the reports of the unfortunate passage lately happened between the Lord Bruce and myself; which, as they are spread here, so I may justly fear they reign also where you are. There are but two ways to resolve doubts of this nature--by oath, and by sword. The first is due to magistrates, and communicable to friends; the other, to such as maliciously slander, and impudently defend their assertions. Your love, not my merit, assures me you hold me your friend, which esteem I am much desirous to retain. Do me, therefore, the right to understand the truth of that act, and in my behalf inform others, who either are or may be infected with sinister rumours, much prejudicial to that fair opinion I desire to hold amongst all worthy persons, and on the faith of a gentleman, the relation I shall give is neither more nor less than the bare truth.

"To our seconds we gave power for their appointments, who agreed we should go to Antwerp, from thence to Bergen-op-zoom, where, in the midway, a village divides the States' territory from the Archduke's, and there was the destined stage; to the end that, having ended, he that could might presently exempt himself from the justice of the country, by retiring into the dominion not offended. It was farther concluded, that in case any should fall or slip, that then the combat should cease, and he whose ill fortune had so subjected him was to acknowledge his life to have been in the other's hands; but in case one party's sword should break, because that could only chance by hazard, it was agreed that the other should take no advantage, but either then be made friends, or else, upon even terms, go to it again. These three conclusions being by each of them related to his party, were by us both approved and assented to. Accordingly we re-embarked for Antwerp, and by reason my Lord had not paired the sword I sent him to Paris, bringing one of the same length, but twice as broad, my second excepted against it, and advised me to match my own, and send him the choice, which I obeyed, it being, you know, the challenger's privilege to elect his weapon.

"At the delivery of the swords, which was performed by Sir John Heidon, it pleased the Lord Bruce to choose my own; and then, past expectation, he told him that he found himself so far behind hand as a little of my blood would not serve his turn, and therefore he was now resolved to have me alone, because he knew 'that so worthy a gentleman and my friend could not endure and stand by and see him do that which he must to satisfy himself and his honour.' Thereunto Sir John Heidon replied, 'that such intentions were bloody and butcherly, far unfitting so noble a personage, who should desire to bleed for reputation not for life;' withal adding, 'he thought himself injured, being come thus far, now to be prohibited from executing those honourable offices he came for.' The Lord Bruce, for answer, only reiterated his former resolution, the which, not for matter but for manner, so moved me, as though, to my remembrance, I had not of a long while eaten more liberally than at dinner, and therefore unfit for such an action , I requested my second to certify him I would presently decide the difference, and should, therefore, meet him on horseback, only waited on by our surgeons, they being unarmed.

"Together we rode about two English miles, and then passion, having so weak an enemy to assail as my direction, easily became victor, and using his power, made me obedient to his commands. I being very mad with anger, the Lord Bruce should thirst after my life with a kind of assuredness, seeing I had come so far and needlessly to give him leave to regain his lost reputation, I bade him alight, which with all willingness he quickly granted, and there in a meadow, ankle-deep in the water, at least, bidding farewell to our doublets, in our shirts we began to charge each other, having afore commanded our surgeons to withdraw themselves a pretty distance from us, conjuring them besides, as they respected our favour or their own safeties, not to stir, but to suffer us to execute our pleasure, we being fully resolved to despatch each other by what means we could.

"I made a thrust at my enemy, but was short, and in drawing back my arm I received a great wound thereon, which I interpreted as a reward for my short shooting; but in revenge, I pressed into him, though I then missed him also; and then received a wound in my right pap, which passed level through my body, and almost to my back. And there we wrestled for the two greatest and dearest prizes we could ever expect trial for--honour and life; in which struggling, my hand, having but an ordinary glove on it, lost one of her servants, though the meanest, which hung by a skin, and to sight yet remaineth as before, and I am put in hope one day to recover the use of it again. But at last breathless, yet keeping our holds, there past on both sides propositions of quitting each other's swords; but when amity was dead, confidence could not live, and who should quit first was the question, which on neither part either would perform; and restriving again afresh, with a kick and a wrench together I freed my long-captive weapon, which incontinently levying at his throat, being master still of his, I demanded if he would ask his life or yield his sword? Both which, though in that imminent danger, he bravely denied to do. Myself being wounded, and feeling loss of blood, having three conduits running on me, began to make me faint, and he courageously persisting not to accord to either of my propositions, remembrance of his former bloody desire, and feeling of my present estate, I struck at his heart, but with his avoiding, missed my aim, yet passed through his body, and drawing back my sword, repassed it through again, through another place, when he cried, 'Oh! I am slain,' seconding his speech with all the force he had to cast me: but being too weak, after I had defended his assault, I easily became master of him, laying him on his back, when, being upon him, I redemanded if he would request his life? But it seems he prized it not at so dear a rate to be beholding for it, bravely replying he scorned it! which answer of his was so noble and worthy, as I protest, I could not find in my heart to offer him any more violence, only keeping him down; till at length, his surgeon, afar off, cried out he would immediately die if his wounds were not stopped: whereupon I asked if he desired his surgeon should come? which he accepted of; and so, being drawn away, I never offered to take his sword, accounting it inhumane to rob a dead man, for so I held him to be.

"This thus ended, I retired to my surgeon, in whose arms after I had remained awhile, for want of blood I lost my sight, and withal, as I then thought, my life also; but strong water and his diligence, quickly recovered me; when I escaped a great danger, for my Lord's surgeon, when nobody dreamt of it, came full at me with my Lord's sword; and had not mine, with my sword, interposed himself, I had been slain by those base hands, although my Lord Bruce, weltering in his blood, and past all expectation of life, conformable to all his former carriage, which was undoubtedly noble, cried out 'Rascal, hold thy hand!' So may I prosper, as I have dealt sincerely with you in this relation, which I pray you, with the inclosed letters, deliver to my Lord Chamberlain.

ED. SACKVILLE."

It does not appear that this fatal and barbarous affair led to any proceedings against the Earl of Dorset, nor did it diminish his favour at court.

After the desperate and fatal duel between Duke Hamilton and Lord Mohun, a bill was brought into the House of Commons for the prevention of duelling, but was lost after a second reading. The following is the account that Swift gives of this meeting, in his letter to Mrs. Dingley, but it must be borne in mind that political animosities, which ran very high at this period, gave a peculiar acrimonious character to the transaction, the causes of which have never been satisfactorily explained:--

"Before this comes to your hands, you will have heard of the most terrible accident that hath almost ever happened. This morning, at eight, my man brought me word that Duke Hamilton had fought with Lord Mohun, and had killed him, and was brought home wounded. I immediately sent him to the Duke's house to know if it was so, but the porter could hardly answer his inquiries, and a great rabble was about the house. In short, they fought at seven this morning. The dog Mohun was killed on the spot, but while the Duke was over him, Mohun shortened his sword, and stabbed him in the shoulder to the heart. The Duke was helped toward the lake-house, by the ring, in Hyde-park , and died on the grass, before he could reach his house, and was brought home in his coach by eight, while the poor Duchess was asleep. M'Carthy and one Hamilton were the seconds, who fought likewise, and both are fled. I am told that a footman of Lord Mohun's stabbed Duke Hamilton, and some say M'Carthy did so too. Mohun gave the affront, and yet sent the challenge. I am infinitely concerned for the poor Duke, who was a frank, honest, and good natured man. They carried the poor Duchess to a lodging in the neighbourhood, where I have been with her two hours, and am just come away. I never saw so melancholy a scene, for indeed all reasons for real grief belong to her; nor is it possible for any one to be a greater loser in all regards--she has moved my very soul. The lodging was inconvenient, and they would have moved her to another, but I would not suffer it, because it had no room backwards, and she must have been tortured with the noise of the Grub-street screamers dinging her husband's murder in her ears."

This duel must have been of the most murderous nature, from the number of wounds that both parties received. The Duke of Hamilton had received one on the right side of the leg, about seven inches long, another in the right arm, the third in the upper part of the right breast, running downwards towards the body, the fourth on the outside of the left leg. Lord Mohun received a large wound in the groin, another in the right side through the body and up to the hilt of the sword, and a third in his arm.

In the Postboy, of the 20th November, the following particulars of this field meeting were given:--"Major-General M'Carthy went three times to the Duke, and was at the bagnio all night with Lord Mohun, who was observed to be seized with fear and trembling at the time. The seconds were Colonel Hamilton, of the Foot-guards, for the Duke, and M'Carthy for Lord Mohun. It appears that the parties did not parry, but gave thrusts at each other, and Lord Mohun shortening his sword stabbed the Duke in the upper part of the left breast running downwards into the body, which wound was fourteen inches long, and he expired soon after he was put into the coach. A dispute at law had existed between the parties, but without any personal quarrel of consequence."

Swift, in his history of the four last years of Queen Anne, says, that M'Carthy stabbed the Duke after he was wounded by Lord Mohun. He afterwards escaped to Holland, but in June, 1716, was tried for murder in the Court of King's Bench, and found guilty of manslaughter. Swift relates a curious anecdote of a gentleman, who being attacked by highwaymen, told them that he was M'Carthy, upon which they brought him before a justice in the hopes of receiving the reward for his apprehension, when he gave the rogues in charge.

This Lord Mohun appears to have been an unprincipled character, whose associates were in general as depraved and contemptible as himself. In the year 1692, we find him tried for the murder of Montford the player, an atrocious act, in which he was at any rate most deeply implicated.

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