In more modern times, various enactments, called _duell mandates_, have
forbidden duels. In 1779, one was issued in Bavaria, which punished
a challenge with the loss of office, if the parties held a public
situation; if otherwise, with a confiscation of property, and an
imprisonment of three years: but, when a duel had actually taken place,
the parties were condemned to death.
In the Austrian states, by an edict of 1803, a duel is punished by
an imprisonment of from one year to five: if one of the parties is
wounded, the confinement is from five to ten years; and, when death
ensues, from ten to twenty; and the remains of the deceased are not
allowed sepulture in consecrated ground. The seconds are also subject
to an incarceration of from one to five years. A penal code somewhat
similar exists in Prussia.
An anecdote is related of Joseph II, who, having been informed that one
of his officers had slapped the face of another, sent for both parties.
The following day, on parade, the Emperor appeared on the balcony of
his palace with the offended person, whom he cordially embraced; at
the same time, a scaffold was erected, on which the public executioner
slapped the face of the offender, who was afterwards conveyed to a
fortress.
The following letter from this monarch, exhibits the sentiments he
entertained on the practice of duelling.
“GENERAL,
“I desire you to arrest Count K---- and Captain W---- immediately. The
count is of an imperious character, proud of his birth, and full of
false ideas of honour. Captain W----, who is an old soldier, thinks of
settling everything by the sword or the pistol. He has done wrong in
accepting a challenge from the count. I will not suffer the practice
of duelling in my army; and I despise the arguments of those who seek
to justify it. I have a high esteem for officers who expose themselves
courageously to the enemy, and who, on all occasions, show themselves
intrepid, valiant, and determined in attack as well as in defence. The
indifference with which they face death is honourable to themselves
and useful to their country; but there are men ready to sacrifice
everything to a spirit of revenge and hatred. I despise them. Such men,
in my opinion, are worse than the Roman gladiators. Let a council of
war be summoned to try these two officers, with all the impartiality
which I demand from every judge; and let the most culpable of the two
be made an example by the rigour of the law. I am resolved that this
barbarous custom, which is worthy of the age of Tamerlane and Bajazet,
and which is so often fatal to the peace of families, shall be punished
and suppressed, though it should cost me half my officers. There will
be still left men who can unite bravery with the duties of faithful
subjects. I wish for none who do not respect the laws of the country.
“JOSEPH.”
“Vienna, August 1771.”
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