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CHAPTER XIX. DUELS IN GERMANY AND THE NORTH OF EUROPE.
During the middle ages Germany was desolated by feuds and hostile meetings, which had succeeded the barbarous excesses committed by the savage hordes poured forth from the northern woods and fastnesses that sheltered the descendants of the ancient Scythians and Sarmatians. The Scandinavian traditions of the wonderful deeds of their champions may prove interesting to the lovers of fiction, but they are of little importance to the historian; for, although the sages of Iceland abolished duelling after the fatal meeting that took place between the poets Gunnlang and Rafn for the beautiful Helga, in which both lovers fell, the annals of the north are fraught with the poetic details of numerous single combats and wondrous exploits.

By an ancient law of Sweden, if a man told another that he was inferior to any other man, or had not the heart of a man, and the other replied, “I am as good a man as yourself,” 338 a meeting was to follow. If the aggressor came to the ground, but did not find the offended, the latter was to be considered dishonoured, and held unfit to give testimony in any cause, and deprived moreover of the power to make a will. But if, on the other hand, the insulted party came forward, and the offending party did not make his appearance, the former was to call him aloud by name three times, and, if he did not appear, make a mark upon the ground, when the offender would be held as infamous and false. When both parties met, and the offended was killed, his antagonist had to pay a half compensation for his death; but, if the aggressor succumbed, his fate was to be attributed to temerity and an unguarded expression, therefore his death called for no compensation. In Norway, any gentleman who refused satisfaction to another was said to have lost his law, and could not be admitted as evidence upon oath. According to the Danish laws, it was held that force is a better arbiter in contestations than words; and in the judicial combats, which frequently arose on the slightest provocation, no champion was allowed to fight in the cause of another, however feeble or unskilled in arms he might be: women were not even allowed a proxy to defend them, but obliged to defend their honour personally. In such cases, to afford the woman a better chance, the man who 339 had offended her was obliged to get into a pit up to his waist, by which means his Amazonian opponent could wheel round him and strike him on the head with a sling or a leather thong to which was suspended a heavy stone; the male combatant was armed with a club, and if he missed her three times, or struck the ground instead of her, he was declared to be vanquished.

The Scandinavian combatants frequently selected small islands for their meetings, to prevent either of the parties from fleeing; these islands were called Holms, and the duels Holms-gang. Sometimes a hide seven ells long was spread upon the ground; at others, the lists were enclosed by circular stakes, or marked off with stones, to circumscribe their limits: whoever stepped beyond this barrier, or was beaten out of the circle, was considered conquered. The kamping matches of our Norfolk and Suffolk peasantry are traces of these exercises, which were called kempfs.

In Sweden, gentlemen fighting a duel were sentenced to death, and the memory of the deceased declared infamous. On other occasions, when the meeting had not proved fatal, the parties were condemned to two years’ imprisonment on bread and water, and obliged to pay a heavy fine.

Under the reign of Gustavus II, a contemporary of Louis XIII. of France, the fashion 340 of duelling was at its height; and this monarch had prohibited single combat by the most severe edicts, but to no purpose. It is related of this prince, that, having heard that two officers of his army contemplated a meeting, he preceded them on the ground. On the arrival of the parties, they were not a little surprised to find the King: they were about to withdraw, when Gustavus pointed to a gallows, at the foot of which stood the hangman, and added, “Now, gentlemen, you may proceed.”

It is also related of Gustavus Adolphus, that having had a dispute at one of his reviews with Colonel Seaton, an officer in his service, he gave him a blow. As soon as the troops were dismissed, the officer waited upon the King and demanded his discharge, which the sovereign signed; and the colonel withdrew without a word being said on the subject of the quarrel.

Gustavus, however, on coolly considering the matter, reproached himself for his want of temper; and hearing that Seaton intended to set out for Denmark the next day, followed him, attended by an officer and two or three grooms. When his Majesty reached the Danish frontier, he left all his attendants, except one, and overtaking Seaton on a large plain, said to him, “Dismount, sir. That you have been injured, I acknowledge, and I am now come to give you the satisfaction of a gentleman; for, being now 341 out of my own dominions, Gustavus and you are equal. We have both, I see, swords and pistols; alight immediately, and receive the satisfaction which your wounded honour demands.”

Seaton, recovering from his surprise, dismounted, as the King had already done, and falling on his knees, said “Sire, you have more than given me satisfaction, in condescending to make yourself my equal. God forbid, that my sword should do any mischief to so brave and gracious a prince. Permit me to return to Stockholm, and allow me the honour to live and die in your service.” The King raised him from the ground, embraced him, and they returned together to his capital.

The early annals of Germany afford many curious instances of trials by ordeal; but, perhaps, one of the most romantic was in the case of Maria of Aragon, consort of Otho III, and the Messalina of her time. It is related of her, that she generally went abroad with a youth disguised in female attire, who was afterwards buried alive. Having become desperately enamoured of a count of Modena, who rejected her addresses, she accused him with having attempted to seduce her. The count was allowed to prove his innocence by the trial of battle; but, having been vanquished, was sentenced to lose his head. Prior to his execution he acquainted his wife with the particulars of his 342 unfortunate case, and enjoined her to avenge his death. She, faithful to his last request, took the bloody head, and, placing it under the cloak of one of her followers, proceeded to the court; then, presenting the gory head to the sovereign, she demanded justice. Otho, struck with horror at the appalling sight, asked her what she wanted, and of whom she had to complain. “Of you, C?sar,” was her reply; “you behold the result of a most iniquitous deed, and I am ready to submit myself to the ordeal of fire, to prove the innocence of my unfortunate husband.” The Emperor consented, and a brazier with a red-hot iron bar was brought forward. The tradition states that the countess seized the iron without dismay or injury; when, addressing the Emperor, she demanded his head, since he had been found guilty of the death of an innocent man. The prince, however, as might be expected, demurred at this proposal, but ordered his guilty wife to be burned alive; a sentence that was carried into execution at Modena, in 998. The Empress of Henry II, the beautiful Cunegonde, was equally fortunate in handling red-hot bars of iron when accused of having been criminally connected with the devil, who was seen coming out of her bed-chamber every morning. Baronius, in his Ecclesiastic Annals, asserts that she handled the burning metal like a nosegay. Gunehilde, wife of 343 Henry III, and daughter of our Canute, was also very lucky in the choice of a champion when basely accused of infidelity. Her accuser was a gigantic man of the name of Rodinger; but she selected for her defender a little boy, whom she had brought from England, and who miraculously cut the hamstrings of his colossal antagonist.

Amongst the curious records of these barbarous and fabulous times, an edict of Frederick II. forbade his nobles from fighting, plundering travellers, and circulating base coin, which had been considered a privilege of feodality; and in his Sicilian and Neapolitan constitution he exempted his subjects from the necessity of accepting a challenge.

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 344 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 345 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.”

It is related of Charles XII. of Sweden, that, riding out one day, he left his attendants at some distance; and, coming to a gate, opened it, but neglected to shut it again, according to the laws of the country. The owner of the land, who was an ensign in the army, came up, and, not knowing the King, inquired why he did not shut the gate after him, 346 according to the royal decree; and, as he passed, made use of some uncivil expressions. “Why do you not go and shut the gate yourself?” said the King. This so enraged the gentleman, that he seized the bridle and stopped the horse. On this, Charles put his hand on his sword, but the other snatched it from him. The King then drew out a pistol, and threatened to make him repent his conduct unless he immediately returned the sword. “You would not be so valiant,” said the officer, “if I also was provided with a pistol.” “Then go and fetch one,” said the King. The gentleman immediately went for a pistol, while Charles waited his return; but, as he was coming back, he saw the King’s attendants at a little distance, which giving him some suspicion, he made his retreat.

The ensign acquainted his commanding officer with the circumstance, requesting his interference. A review soon after took place; and, the King observing that this officer was not present, asked the colonel where he was, when he was told that he was upon guard. “Let him be sent for,” said the King. The ensign was brought forward. Charles immediately galloped up to him; then, looking him steadfastly in the face, named him a first lieutenant, and ordered that a grant of money should be given to him.

The enactments against duelling in the German 347 armies place officers in as difficult a situation as in our service. If they allow themselves to be insulted without resenting the injury, they are expelled from their regiment; yet are they punished if they demand satisfaction from the offender: and Dr. Gans of Berlin very justly observes, “Duelling amongst officers is very rare, for their position is most embarrassing. If an officer, whose honour has been impeached, does not fight, he is expelled; and, if he fights, he is shut up in a fortress.” Montesquieu, in his Lettres Persannes, has the following judicious remark: “If you follow the laws of honour,” writes Usbeck, “you die on a scaffold; and, if you follow the dictates of justice, you are banished from society. Thus you have no alternative but that of forfeiting life or being unworthy of living.”

If duels are rare among German officers, they are most common amongst their students or Burschen, whose ridiculous meetings have often been described by travellers. The parties who it is thought necessary should fight usually meet at an inn near their university; they are covered with a thick leather armour that protects them, and their face is the principal vulnerable part. The arm they use is the long German sword, and the shell of its hilt is an additional protection to the combatants.

The students at Jena use a sword called Schlagen, 348 the blade of which is three feet and a half long, and triangular like a bayonet; the handle is protected by a tin plate, ten inches in diameter, which has been jocosely called the soup-plate of honour: this handle, soup-plate, and blade, can all be unscrewed and concealed, the hilt and guard under a cloak, and the blade sheathed in a walking-stick.

By the rules of some universities, called their Comment, the nature of the offence requires a certain number of cuts; twenty-four for the appellation of dummer Junge, or stupid youth, and as many for the epithet infamous. The pistol is scarcely ever selected as a weapon. When perchance a student has killed another, he is advised to quit the university, receiving from the senate what is called a consilium abeundi. This expulsion is called a relegatio, and is published in Latin. In these cases the offender enters another college. At Gottingen the students were long overawed by a ruffian of the name of Luderf, of great personal strength, and who not unfrequently lopped off arms and hands with his Teutonic glaive.

In 1833, the corpse of a Lieutenant-colonel de Keunaw was found in a forest near Dreisen, pierced with a sword-wound and weltering in blood. It appeared, upon inquiry, that a councillor of the nam............
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