More legal mumbo jumbo, this time about dueling.
Duels were illegal and, at least in theory, if a combatant killed someone in a duel not only he but the appointed seconds were guilty of murder. However, from early on the law drew a distinction between duels fought in hot blood and duels fought in cold blood.
A duel fought in hot blood took place on the heels of the offense that provoked the fight; two guys trade a couple of insults and then head right out into the field of combat while they're both still mad. This kind of duel was called a "chance medley" (sounds so pretty, right? A chance medley?) and were guilty only of manslaughter, with a maximum penalty of branding on the hand, a fine, and a year's imprisonment (the minimum penalty could be as low as a single day in prison).
A duel fought in cold blood is the kind we see in romance novels most often. Insults are exchanged, seconds are secured, the combatants meet at the appointed place and time, usually at dawn or dusk of the next day. If someone dies during such a duel, and the victor is brought to trial, he ought to be convicted of murder - in practice, however, this was hardly ever the case. Lord Byron killed a man in a duel and was brought to trial, but even though hours elapsed between the time of the insult and the duel itself, Byron claimed that he fought in the heat of his passions and he was only convicted of manslaughter.
One article I read argued that the rules of dueling were designed to prevent injury, and also to make sure that skill didn't give either party to a duel an unfair advantage. Here's a quote that sums up the reasoning behind this behavior perfectly: "A fair duel was a game of chance that displayed the willingness of both principals to die for their honor, not their skill at inflicting pain or death." (Joanne Freeman, Affairs of Honor: National Politics in the New Republic, quoted in the Allen/Reed article).
Again, for the record, I'm no expert. Comments, additions, and corrections are welcome. Below is the standard version of the Code Duello, and after that the sources I found most useful.
Code Duello
(as codified at the Clonmel Summer Assizes of 1777)
Rule 1. The first offense requires the first apology, though the retort may have been more offensive than the insult. Example: A tells B he is impertinent, etc. B retorts that he lies; yet A must make the first apology because he gave the first offense, and then (after one fire) B may explain away the retort by a subsequent apology.
Rule 2. But if the parties would rather fight on, then after two shots each (but in no case before), B may explain first, and A apologize afterward.
N.B. The above rules apply to all cases of offenses in retort not of stronger class than the example.
Rule 3. If a doubt exist who gave the first offense, the decision rests with the seconds; if they won't decide, or can't agree, the matter must proceed to two shots, or to a hit, if the challenger require it.
Rule 4. When the lie direct is the first offense, the aggressor must either beg pardon in express terms; exchange two shots previous to apology; or three shots followed up by explanation; or fire on till a severe hit be received by one party or the other.
Rule 5. As a blow is strictly prohibited under any circumstances among gentlemen, no verbal apology can be received for such an insult. The alternatives, therefore -- the offender handing a cane to the injured party, to be used on his own back, at the same time begging pardon; firing on until one or both are disabled; or exchanging three shots, and then asking pardon without proffer of the cane.
If swords are used, the parties engage until one is well blooded, disabled, or disarmed; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon.
N.B. A disarm is considered the same as a disable. The disarmer may (strictly) break his adversary's sword; but if it be the challenger who is disarmed, it is considered as ungenerous to do so.
In the case the challenged be disarmed and refuses to ask pardon or atone, he must not be killed, as formerly; but the challenger may lay his own sword on the aggressor's shoulder, then break the aggressor's sword and say, "I spare your life!" The challenged can never revive the quarrel -- the challenger may.
Rule 6. If A gives B the lie, and B retorts by a blow (being the two greatest offenses), no reconciliation can take place till after two discharges each, or a severe hit; after which B may beg A's pardon humbly for the blow and then A may explain simply for the lie; because a blow is never allowable, and the offense of the lie, therefore, merges in it. (See preceding rules.)
N.B. Challenges for undivulged causes may be reconciled on the ground, after one shot. An explanation or the slightest hit should be sufficient in such cases, because no personal offense transpired.
Rule 7. But no apology can be received, in any case, after the parties have actually taken ground, without exchange of fires.
Rule 8. In the above case, no challenger is obliged to divulge his cause of challenge (if private) unless required by the challenged so to do before their meeting.
Rule 9. All imputations of cheating at play, races, etc., to be considered equivalent to a blow; but may be reconciled after one shot, on admitting their falsehood and begging pardon publicly.
Rule 10. Any insult to a lady under a gentleman's care or protection to be considered as, by one degree, a greater offense than if given to the gentleman personally, and to be regulated accordingly.
Rule 11. Offenses originating or accruing from the support of ladies' reputations, to be considered as less unjustifiable than any others of the same class, and as admitting of slighter apologies by the aggressor: this to be determined by the circumstances of the case, but always favorable to the lady.
Rule 12. In simple, unpremeditated recontres with the smallsword, or couteau de chasse, the rule is -- first draw, first sheath, unless blood is drawn; then both sheath, and proceed to investigation.
Rule 13. No dumb shooting or firing in the air is admissible in any case. The challenger ought not to have challenged without receiving offense; and the challenged ought, if he gave offense, to have made an apology before he came on the ground; therefore, children's play must be dishonorable on one side or the other, and is accordingly prohibited.
Rule 14. Seconds to be of equal rank in society with the principals they attend, inasmuch as a second may either choose or chance to become a principal, and equality is indispensible.
Rule 15. Challenges are never to be delivered at night, unless the party to be challenged intend leaving the place of offense before morning; for it is desirable to avoid all hot-headed proceedings.
Rule 16. The challenged has the right to choose his own weapon, unless the challenger gives his honor he is no swordsman; after which, however, he can decline any second species of weapon proposed by the challenged.
Rule 17. The challenged chooses his ground; the challenger chooses his distance; the seconds fix the time and terms of firing.
Rule 18. The seconds load in presence of each other, unless they give their mutual honors they have charged smooth and single, which should be held sufficient.
Rule 19. Firing may be regulated -- first by signal; secondly, by word of command; or thirdly, at pleasure -- as may be agreeable to the parties. In the latter case, the parties may fire at their reasonable leisure, but second presents and rests are strictly prohibited.
Rule 20. In all cases a miss-fire is equivalent to a shot, and a snap or non-cock is to be considered as a miss-fire.
Rule 21. Seconds are bound to attempt a reconciliation before the meeting takes place, or after sufficient firing or hits, as specified.
Rule 22. Any wound sufficient to agitate the nerves and necessarily make the hand shake, must end the business for that day.
Rule 23. If the cause of the meeting be of such a nature that no apology or explanation can or will be received, the challenged takes his ground, and calls on the challenger to proceed as he chooses; in such cases, firing at pleasure is the usual practice, but may be varied by agreement.
Rule 24. In slight cases, the second hands his principal but one pistol; but in gross cases, two, holding another case ready charged in reserve.
Rule 25. Where seconds disagree, and resolve to exchange shots themselves, it must be at the same time and at right angles with their principals, thus:
If with swords, side by side, with five paces interval.
My sources:
Allen, Douglas W. and Clyde G. Reed. "The Duel of Honor: Screening for Unobservable Social Capital," American Law and Economics Review, Spring 2006.
Horder, Jeremy. "The Duel and the English Law of Homicide," Oxford Journal of Legal Studies (volume 12, no 3), Autumn 1992.
For future reference: didn't get my hands on Simpson's "Dandelions on the Field of Honour: Duelling, the Middle Classes, and the Law in Nineteenth Century England" (1988) 9 Criminal Justice History 99, but I want to.