1777 Irish Code Duello: The Most Formal Way to Fight
As long as there have been living breathing beings on earth they have found ways to quarrel amongst themselves. Historical texts and stories are filled with endless lists of battles, grudges, fistfights, vendettas, bar fights, brawls, wars and scuffles, both minute and gigantic, that have all had a hand in carving out the past. These fights were at least partially designed by their times and even when daily life was dictated by dignity, people still found a way to turn their fighting into formal affairs.
Dueling is a practice seen as far back as ancient times and the middle ages where two people would take part in one-on-one combat to settle disputes with whoever lost the fight being considered the guilty party. In 1526 the idea of dueling became mainstream when the treaty between Spain and France broke down resulting in Frances I challenging Charles V to a duel that never ended up taking place. This notion of the duel spread across the globe taking a firm hold in France and coming ashore with the earliest settlers of the United States a century later. As times and lives changed, so did the duel and it gradually transformed into a practice not for beggars and commoners, but for aristocrats looking to enact on their grudges in a way that was as ritualistic, proper, and dignified as dressing in their fanciest clothes.
As the 18th century dawned, so did the persona of the gentleman. With power and prosperity now extending beyond royalty and becoming accessible to a wider base, the route to the higher class could be found in business, military, career, landownership, politics, and community or city roles. Their status was clear in the way in which they presented themselves to the world. Social engagements, rich homes and possessions, fine clothing, and conduct painted the picture of the new upper class. An excerpt from Rules of Etiquette and Home Culture stated that
“It is the duty of a gentleman to know how to ride, to shoot, to fence, to box, to swim, to row and to dance. He should be graceful. If attacked by ruffians, a man should be able to defend himself, and also to defend women from their insults.”
The notion of defending oneself does not automatically congeal with the idea of the gentleman. But, an answer lay in the duel and for the aristocrats and elite of the 18th century this formal act of fighting was outlined in detail for them with the creation of the Irish Code Duello.
The Irish Code Duello is a set of twenty-seven formal rules for dueling that was laid out and adopted in 1777 at Clonmel Summer Assizes by gentlemen-delegates of Tipperary, Galway, Sligo, Mayo and Roscommon. The code’s entrance into the world coincided with a change in the mainstream weapon of choice. In the previous centuries dueling almost always meant a round of hand-to-hand combat with swords. These were often (but not always) replaced with the more fashionable choice of pistols and copies of the dueling code were almost always kept in a gentlemen’s pistol case.
The interior of the 18th century gentlemen’s pistol case
The reason for someone challenging another to a duel could be as simple as them reacting to a petty insult. At the core of it, the duel was for the preservation of one’s honor. Once challenged, a response was required otherwise the accused risked being publicly shamed and even having his cowardice written about in the newspaper. In a day and age when appearances, status, and image meant everything an embarrassment on that scale could ruin their business dealings and destroy their standing in the community. It was social suicide. No one truly wanted to duel, and the first steps of the challenge gave both parties ample time to get out of it before it came to pulling pistols.
Each participant in the possible duel had someone called a Second. This was a trusted friend of the same social standing (Rule #14) whose job it was to settle the rift nonviolently. If it did come to a duel it was their job to ensure it was carried out properly according to the rules. First, the offended party sent their Second to issue a challenge to offender. But first, they looked for an apology:
“Rule 1. The first offence 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 offence; and then (after one fire) B may explain away the retort by subsequent apology.”
If the offender apologized, then the matter was considered settled. If they did not, then it was them that chose the location of the duel while the offended challenger chose the distance that would separate them at the shots. It was the Seconds that decided on the time and terms of the firing. Apologies were permitted at any point up until combat began but once the duel officially started the option to apologize was voided until at least one round of bullets was fired.
Letter dated August 12th 1788 sent from Andrew Jackson challenging Colonel Waightstill Avery to a duel. Image is from the North Carolina Museum of History.
Once both parties were at the location of the duel it was the Second’s job to load the pistols in the presence of each other “unless they give their mutual honors they have charged smooth and single, which should be held sufficient” (Rule #18). They then hand the pistols, “one pistol; but in gross cases two, holding another case ready charged in reserve” (Rule #24), to the participants. On the occasion where both Seconds disagree, the option was there for them to exchange shots themselves at the same time as the initial duelers (Rule #25).
Reenactment of a gentleman’s duel
The Irish Code Duello quickly became the standard rules of the gentleman’s brawl all over the world. In February of 1815 Irish political leader Daniel O’Connell found himself involved in just such an altercation. O’Connell was opposed to the city government of Dublin, calling it a “beggarly corporation” which deeply offended Dublin Corporation member and skilled duelist John D’Esterre. Huge crowds gathered to witness the duel where many were hoping to finally see the end of O’Connell. However, the fatal shot was taken by D’Esterre who was shot in the hip and died after the bullet traveled to his stomach. O’Connell deeply regretted the whole incident and swore he would never duel again regardless of the social reaction.
An earlier deadly duel, arguably one of the most famous in history, took place in the United States between First Secretary of the Treasury Alexander Hamilton and Vice President of the United States Aaron Burr on July 11th 1804. When Hamilton shot first the bullet hit a tree which some believe was him “throwing away” his shot in order to suspend the duel. Burr responded by mortally wounding Hamilton with his shot and the Secretary of the Treasury died the following day.
Early illustration depicting the duel between Hamilton and Burr
Dueling was a common occurrence in Europe and the United States up until the 19th century when a significant decline began to take place. Some places like New York state saw a rise to organizations such as the Anti-Dueling Association of New York and dueling became outlawed in Washington D.C. on February 20th 1839.
Pamphlet written by the Anti-Dueling Association of New York circa 1908
The last fatal duel in England took place on October 19th 1852 between French political exiles Frederic Cournet and Emmanuel Barthélemy which resulted in Cournet being killed. By the time World War I came crashing onto global shores the practice of dueling was made illegal in much of the western world and the practice faded into obscurity. However, in the early 20th century pistol dueling with wax bullets became a popular sport in France with it even being included in the 1908 Olympics.
Although is now greatly extinct, the image of two men marching away from each other and turning to shoot in a controlled, formulaic method remains iconic being seen and parodied in films, advertisements, and even children’s cartoons. The Irish Code Duello may not apply in these fictitious scenarios but they remain with us today serving a different function, as a testament to the importance of appearances and honor within the new-money world of the 18th century aristocracy.
The following is a list of all 27 rules of the Irish Code Duello (25 original rules and two additional Galway Articles.
Rule 1. The first offence 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 offence; and then (after one fire) B may explain away the retort by 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 afterwards. Note: The above rules apply to all cases of offences in retort, not of a stronger class than the example.
Rule 3. If a doubt exist who gave the first offence, 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 offence, the aggressor must either beg pardon in express terms, ex change two shots previous to apology, or three shots, followed by explanation; or fire on until a severe hit be received by one party or the other.
Rule 5. As a blow is strictly prohibited under any circumstances amongst gentlemen, no verbal apology can be received for such an insult; the alternatives therefore are—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, is disabled; or exchanging three shots, and then asking pardon, without the proffer of the cane. If swords are used, the parties engage till one is well blooded, disabled, or disarmed ; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon. Note: 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 ungenerous to do so. In 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 that quarrel—the challenger may.
Rule 6. If A gives B the lie, and B retorts by a blow (being the two greatest offences), 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 offence of the lie, therefore, merges in it. (See preceding rule.) Note: 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 offence transpired.
Rule 7. But no apology can be received in any case after the parties have actually taken their ground, without ex change 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 offence than if given to the gentleman personally, and to be regulated accordingly.
Rule 11. Offences originating or accruing from the sup port of ladies’ reputation, 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 favorably to the lady.
Rule 12. In simple unpremeditated rencontres with the small sword, or couteau-de-chasse, the rule is—first draw, first sheathe; unless blood be drawn ; then both sheathe and proceed to investigation.
Rule 13. No dumb shooting or firing in the air admissible in any case. The challenger ought not to have challenged without receiving offence; and the challenged ought, if he gave offence, 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 indispensable.
Rule 15. Challenges are never to be delivered at night, unless the party to be challenged intend leaving the place of offence 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 cannot decline any second species of weapon proposed by the challenger.
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 a 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 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…If with swords, side by side, with five paces interval. Note: All matters and doubts not herein mentioned, will be explained and cleared up by application to the committee, who meet alternately at Clonmell and Galway, at the Quarter Sessions, for that purpose.
Galway Articles:
Rule 1. No party can be allowed to bend his knee or cover his side with his left hand; but may present at any level from the hip to the eye.
Rule 2. None can either advance or retreat, if the ground be measured; if no ground be measured, either party may advance at his pleasure, even to touch muzzles; but neither can advance on his adversary after the fire, unless the adversary steps forward on him. Note: The seconds on both sides stand responsible for this last rule being strictly observed; bad cases having accrued from neglecting of it.
