As the World Turns—Part II
Paris, Jan. 12, N.S. The Earl Stanhope arrived here the 9th Instant from Great Britain, and waited on the Regent, who received him in such a manner as evidently shewed his great Regard for His Britannick Majesty, and that his Lordships Person and Negotiation in which he is employed, are very acceptable to him. His Lordship has had several Conferences with his Royal Highness, and the Abbot Dubois, Secretary of State, and intends to return in 3 or 4 Days. An Express from America brings Advice that the Spaniards in August last, having retaken Penzacola on the Coast of Florida, which had been taken from them by the French, the latter possessed it again in October last, taking Five Spanish Merchant Ships in that Port.
Hague, Jan. 12, N.S. The States of Holland and West Friesland, have resolved that the States General should be moved to come to a determination, that unless the Grievances of the Protestants in the Palatinate and other places, under the Dominion of Roman Catholick Princes, are redressed within a time to be prefixt, all the Jesuits and others of the Regular Romish Clergy, shall be banish’d out of the Territories of this Republick, and that if within a further Term to be agreed upon, no Redress is obtained for the Protestants, all the Secular Polish Clergy shall be likewise banished, and their Churches shall be shut up, and this Proposal was accordingly made this Day to the States General who have taken it into Consideration.
Whitehall, Jan. 15. The Earl of Stanhope left Paris the 9th Instant I the Evening & Embarked at Calis the 13th at Night; and having Landed the next Morning at Deal, returned hither this Day.
Berne, Jan. 17. The State for preventing private Quarrels, have made a severe Law, against Dueling, and whoever shall deliver a Challenge to another, or give a blow, though in his own Defence, shall for the first fault be imprisoned a Year, the second be for ever banished the Canton. The Party aggrieved by a blow or any Injurious terms, to make his Complaint to the Council, who will order Satisfaction for the Affront. The Canton of Schaffhausen has received a favourable resolution from the Court of Vienna, as to the Differences between that Canton and the Regency of Nellenbourg, which they gratefully acknowledge the good Offices of His Britannick Majesty therein at the Court of Vienna.
ADVERTISEMENTS
A Certain Person has lost in Boston a Silver Picktooth Case, with a Cypher Engraved on one End, whoever will bring it to John Campbell in Corn-hill, Boston, so as the true owner may have it again, shall be well rewarded.
—from The Boston News-Letter, May 18th 1720. It is worth noting that a regional ban on dueling is reported alongside major world news, in a sense, demonstrating the proliferation of the act itself. The personal ad concerning the lost cypher inscribed picktooth (synonym for toothpick) case is included merely for entertainment. It has no bearing on the history of dueling.
The Anti-Duel Lobby
And do, by our signatures hereunto annexed, solemnly pledge ourselves to each other, not to vote at any Election for any man, who, from current fame, or our own private conviction, we shall believe to have sent, accepted, or carried a Challenge to fight a Duel; or to have been in any wise concerned in promoting a Duel, or acting as Second or Surgeon therein, after the date hereof.
“For the better attaining the object of this Association, the affairs thereof shall be conducted by a Committee of—; with a President, Vice-President, Treasurer and Secretary, chosen by themselves out of their own number.—members shall form a quorum.
—from the 1809 announcement of the formation of The Anti-Duelling Association of New York, which was issued in a collection of anti-dueling sermons and tracts by Lyman Beecher (1775–1863). Beecher was a politically progressive Presbyterian minister and father of thirteen children, most notably the writer, Harriet Beecher Stowe. The blank dashes above served as placeholders. This was a form for branches of the Association to use when starting their groups.
Reading II
The Charge of Sir Francis Bacon, Knight, The King’s Attorney-General, Touching Duels
MY LORDS,
I thought it fit for my place, and for these times, to bring to hearing before your lordships some cause touching private duels, to see if this court can do any good to tame and reclaim that evil, which seems unbridled. And I could have wished that I had met with some greater persons, as a subject for your censure; both because it had been more worthy of this presence, and also the better to have shown the resolution I myself have to proceed without respect of persons in this business. But finding this cause on foot in my predecessor’s time, I thought to lose no time in a mischief that groweth every day; and besides, it passes not amiss sometimes in government, that the greater sort be admonished by an example made in the meaner, and the dog to be eaten before the lion. Nay, I should think, my lords, that men of birth and quality will leave the practice, when it begins to be vilified, and come so low as to barber-surgeons and butchers, and such base mechanical persons. And for the greatness of this presence, in which I take much comfort, both as I consider it in itself, and much more in respect it is by his Majesty’s direction, I will supply the meanness of the particular cause, by handling of the general point: to the end that by the occasion of this present cause, both my purpose of prosecution against duels and the opinion of the court, without which I am nothing, for the censure of them may appear, and thereby offenders in that kind may read their own case, and know what they are to expect; which may serve for a warning until example may be made in some greater person, which I doubt the times will but too soon afford.
Therefore, before I come to the particular, whereof your lordships are now to judge, I think the time best spent to speak somewhat (1) of the nature and greatness of this mischief; (2) Of the causes and remedies; (3) of the justice of the law of Eng. land, which some stick not to think defective in this matter; (4) Of the capacity of this court, where certainly the remedy of this mischief is best to be found; (5) touching my own purpose and resolution, wherein I shall humbly crave your lordships’ and assistance.
For the mischief itself, it may please your lordships to take into your consideration that, when revenge is once extorted out of the magistrate’s hands, contrary to God’s ordinance, mihi vindicta, ego retribuam3, and every man shall bear the sword, not to defend, but to assail, and private men begin once to presume to give law to themselves and to right their own wrongs, no man can foresee the danger and inconveniences that may arise and multiply thereupon. It may cause sudden storms in court, to the disturbance of his Majesty and unsafety of his person. It may grow from quarrels to bandying, and from bandying to trooping, and so to tumult and commotion; from particular persons to dissension of families and alliances; yea, to national quarreclass="underline" accruing to the not under foresight. So that the State by this means shall be like to a distempered and imperfect body, continually subject to inflammations and convulsions. Besides, certainly both in divinity and in policy, offenses of presumption are the greatest. Other offenses yield and consent to the law that it is good, not daring to make defense, or to justify themselves; But this offense expressly gives the law an affront, as if there were two laws, one a kind of gown law and the other a law of reputation, as they term it. So that Paul’s and Westminster, the pulpit and the courts of justice, must give place to the law, as the King speaketh in his proclamation, of ordinary tables, and such reverend assemblies; the Yearbooks, and statute books must give place to some French and Italian pamphlets, which handle the doctrines of duels, which, if they be in the right, transeamus ad illa, let us receive them, and not keep the people in conflict and distraction between two laws. Again, my lords, it is a miserable effect, when young men full of towardness and hope, such as the poets call “Aurora, filii,” sons of the morning, in whom the expectation and comfort of their friends consisteth, shall be cast away and destroyed in such a vain manner. But much more it is to be deplored when so much noble and genteel blood should be spilt upon such follies, as, if it were adventured in the field in service of t1ae King and realm, were able to make the fortune of a day and change the future of a kingdom. So your lordships see what a desperate evil this is; it troubleth peace; it disfurnisheth war; it bringeth calamity upon private men, peril upon the State, and contempt upon the law.