Page:Catholic Encyclopedia, volume 5.djvu/224

 DUDIK

184

DUEL

Dudik, Beda Franciscus, Moravian historian, b. at Kojetein near Kremsier, Moravia, 29 January, 1S15; d. as abbot and titular bishop at the monastery of Raigcrn, IS January, 1S90. After studying at the philosophical school at Briinn he attended the Uni- versity of Olmiitz. In 1S36 he entered the Benedic- tine Order and in 1840 was ordained priest at Raigern. From this latter date until 1854 he taught first the classical languages and then history at the gymnasimn of Briinn. In 1855 he became Privatdo- zent for historical research at the University of Vienna; in 1859 he was appointed historiographer of Moravia, and in 1865 was made a member of the Academy of Sciences of Vienna. For purposes of his- torical research he went in 1851 to Sweden, in 1852 to Rome, in 1870 to France, Belgium, and Holland, in 1874 to Russia, a country which he later repeatedly visited. Between the years 185-3 and 1859 he estab- lished at Vienna the main historical library of the Teutonic Order. Dudik was a prolific writer and diligent investigator; his works have a lasting value on account of the sources from which he drew. His chief works in chronological order are: "Geschichte des Benediktinerstiftes Raigern" (2 vols., Briinn, 1849; 2nd ed., Vienna, 18G8); "Miihrens Geschichts- quellen" (Brunn, 1850); " Forschungen in Schweden fur Miihrens Geschichte" (Briinn, 1852); "Iter Ro- manum" (2 vols., Vienna, 1855); "Des Herzogtums Troppau ehemalige Stellung ziir Markgrafschaft Miihren" (Vienna, 1857); "Waldsteins Korrespon- denz" (Vienna, 1865-66); "Waldstein von seiner Enthebung bis zur abermaligen Uebernahme des Armeekommandos " (Vienna, 1858); "Des hohen Deutschen Ritterordens Munzsammlung in Wien" (Vienna, 1858, a special edition with 32 copper plates); "Kleinodieu des Deutschen Ritterordens" (Vienna, 1866) ; " Archive im Konigreich Galizien und Lodo- merien " (Vienna, 1867) ; " Erinnerungen aus dem Feld- zug in Italien 1866" (Vienna, 1867); "Preussen in Mahren im Jahre 1742" (Vienna, 1869); "Schweden in Bohmen imd Mahren 1640-1660" (Vienna, 1879); " Geschichtliche Entwickelung der Buchdruckerkunst in Mahren von 1486 bis 1621 " (BrOnn, 1879).

Dudik's most important publication is: "Mahrens allgemeine Geschichte" (12 vols., Brunn, 1860-89); it treats the history of Moravia up to 1350. Volumes VIII-X, which give an account of Moravia during the period of the Przemyslian dynasty, have been trans- lated into Czech. He also published several papers in the transactions of the Academy of Sciences; in vol. LIV appeared: " Korrespondenz Ferdinands II. mit seinen Beichtvatern Becanus and Lamormain".

Remie benedictine, VII. 179.

Patricius Schlagbr.

Duel (duellum, old form of beUurn). — This word, as used both in the ecclesiastical and civil criminal codes to-day, generally signifies every contest with deadly weapons which takes place by agreement between two persons on accomit of some private cjuarrel. Thus a contest with weapons is essential to the conception of a duel. Further, the contest must take place by agree- ment, and the weapons used must be capable of inflict- ing deadly wounds. Although generally demanded by custom, similarity of weapons is not essential, neither are witnesses, seconds, etc. Finally, it is essential to a duel that it take place on accoimt of some private matter, such as wounded honour. Consequently the customary duel of to-day differs from those public duels which took place for .some public reason by the arrangement of the authorities, as the conflict between David and Goliath. Between contending nations there is no higher court than the appeal to arms ; there- fore war must decide, and there may be instances in which it is allowable to substitute for a battle lietween two armies a contest between two persons selected for the purpose.

History. — Duelling was imknown to the civilized nations of antiquity. The contests of the Roman gladiators were not, like the duels of to-day, a means of self-defence, but bloody spectacles to satisfy the curiosity and cruelty of an effeminate and degenerate people. On the other hand the custom of duelling ex- isted among the Gauls and Germans from the earliest era, as Diodorus Siculus (Biblioth. histor.. Lib. V, ch. xxviii), Velleius Paterculus (Histor. rom., II, cxviii), and others relate. The duel is, therefore, undoubt- edly of heathen origin, and was so firmly rooted in the customs of the Gaiils and Germans that it per- sisted among 'them even after their conversion. The oldest known law of Christian times that per- mitted the judicial duel is that of the Burgundian King Gundobald (d. 5161. With few exceptions the judicial duel is mentioned in all old German laws as a legal ordeal. It rested on a twofold conviction. It was believed, first, that God could not allow the innocent to be defeated in a duel ; hence it was held that the guilty party would not dare primarily to appeal to the judgment of God in proof of his innocence and then enter upon the fight under the weight of perjury; the fear of Divine wrath would discoiirage him and make victory impossible.

The Church soon raised her voice against duelling. St. Avitus (d. 518) made an earnest protest against the lawof the above-mentioned Gundobald, as is related by Agobard (d. 840), who in a special work on the subject points out the opposition between the law of Gundo- bald and the clemency of the Gospel ; God might very easily permit the defeat of the innocent. The popes also at an early date took a stand against duelling. In a letter to Charles the Bald, Nicolas I (858-67) con- demned the duel {monomachia) as a tempting of God. In the same century his example was followed by Stephen VI, later by Alexander II and Alexander III, Celestine III, Innocent III and Innocent IV, Julius II, and many others. In addition to the judicial, non- judicial combats also occurred, in which men arbi- trarily settled private grudges or sought to revenge themselves. The tournaments, especially, %vere often used to satisfy revenge ; on account of this misuse the Church early issued ordinances against the excesses committed at tournaments, although these were not always obeyed. The more the judicial combat fell into disuse, the more the old instinct of the Germanic and Gallic peoples, by which each man sought to gain his rights with weapon in hand, showed itself in per- sonal contests and at tournaments. From the middle of the fifteenth century duelling over questions of honour increased so greatly, especially in the Ro- mance countries, that the Council of Trent was obliged to enact the severest penalties against it. It decreed that " the detestable custom of duelling which the Devil had originated, in order to bring about at the same time the ruin of the soul and the violent death of the body, shall be entirely uprooted from Christian soil" (Sess. XXIV, De reform., c. xix). It pro- nounced the severest ecclesiastical penalties against those princes who should permit duelling between Christians in their territories. According to the coun- cil those who take part in a duel are ipso factn excom- municated, and if they are killed in the duel they are to be deprived of Christian burial. The seconds and all those who advised the duel or were present at it are also excommunicated. These ecclesiastical penalties were at a later date repeatedly renewed and even in parts made more severe. Benedict XIV decreed that duellists shoiild also be denied burial by the Church, even if they did not die on the duelling ground and had received absolution before death. All these pen- alties are substantially in force to-day. Pius IX in the "Constitutio Apostolirie Sedis" of 12 October, 1869, decreed the penalty of excommunication against "all who fight duels, or challenge to a duel or accept such challenge ; as well as against all who are accessory