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Historical Rules for Duels

(I got this from a list that I am on and thought it would be cool to have on our website. It is translated from German (rather poorly) and I just checked it for spelling and grammar, but only gave it a quick glance. I hope you enjoy it. The original source is given after the text.)

DUEL

A duel is the physical confrontation between two men in a way that they either attack each other, or that one attacks the other, while the other defends himself either defensive (passive) or offensive (active). It duel also takes place is one of the duelists only parries the blows of the other. No duel takes place if one of the duelists only stands to receive the attacker's blows.

It is mostly done to settle some kind of dispute between two men, women are by imperial order dating back from Magnus the Pious not allowed to participate in a duel. Should a woman have a dispute with another women or a man, she may ask her husband or father to do the duel. Although it became common to hire a mercenary or champion instead of participating in a duel, this is still considered to be disreputable. In some matters of law, especially canonical law, a judicial duel is conducted - should the accused win he was not guilty. Judicial duels are always to the death and have to be done before the court. Except than this, they follow the rules below, with the exception that they cannot be prosecuted.

A duel begins with the first attacking move. In a duel with pistols or crossbow the duel starts with the raising of these weapons. It is also necessary for a duel that the duelists have agreed on the duel; otherwise it is a simple melee. A duel follows certain traditional rules.

Therefore a duel is a fight agreed upon by two men, that follows traditional rules. It is not necessary that the reason for the duel is satisfaction, although it often is.

A duel can be done by any kind of weapon. It is done by pistols, crossbows, swords or rapiers most of the time, but it generally lethal weapons are chosen. The weapons have to be equal; therefore a duel between a sword bearer and someone with a crossbow would not follow the traditional rules. Duels by other than lethal weapons are allowed and never prosecuted. Duels with lethal weapons however are forbidden - although they are generally not prosecuted when done between men of noble birth. A weapon is only lethal when its use in the situation is likely to be lethal - therefore a fight with a club is not lethal when armor is used, but lethal when the duelists do not wear any kind of armor.

PROCEDURE

A proper duel requires at least five people. Although duels with less are performed, these duels are punished as murder, manslaughter or assault and not as a duel.

Besides the two duelists, two seconds, two cartelbearers and one physician are needed. Both duelists have one second each. These people are responsible to observe the duel, prepare the weapons, and equip the duelists and decide upon the rules should they divert from the traditional rules. The cartelbearers are responsible to exchange messages between the duelists, including the charge. The physician is agreed upon by the duelists and is part of neither dueling party. He has to treat any wounds or diagnose the death.

A special place is chosen to conduct the duel. This is normally a little bit away from the city. Traditionally a little hill near a forest is chosen and the duel conducted in the morning mists. But this is done because of a Romanticized picture of the duel, rather than through necessity.

The procedure for the duel itself depends on the weapons agreed upon. When melee weapons are chosen, the duelists must undress any kind of clothing, except for the clothes that are allowed - normally a plain linen shirt and trousers. The duelists then take one's stand a few meters away from each other. The duel begins when the first duelist charges. When range weapons are chosen, only weapons are allowed that can prepare beforehand (like crossbow or pistol), the duelists stand about twenty meters away from each other. After the physician gives a signal, the duelists fire. Should both shots miss or not wound any duelist, the duelists can declare the duel a draw or continue until one duelist gives up or is dead.

A duel can end in numerous ways. Most often one of the duelists gives up; he must declare this so that his opponent can hear this. Should the opponent continue his attacks he will be prosecuted for murder, manslaughter or assault. The duelists can also agree upon the end of first blood. By this the duel ends if one of the duelists bleeds. The strongest form is the fight to death - in this case no opponent can give up.

After the end of the duel the physician either treats any wound or diagnoses the death of the opponent. Losing in a duel also means that a person loses face.

PUNISHMENT

The individual wounds inflicted are not illegal themselves. Instead the whole duel is a uniform crime or misdemeanor. The charge for a duel is punished by fortress custody of up to six month. If the charge includes, expressively or implied, that the duel only ends with the death, it is punished by fortress custody between two months and two years. The cartelbearers are punished with fortress custody of up to six months. The punishment for the charge or the cartelbearers is dropped when the parties give up the duel voluntarily.

The duel is punished with fortress custody between three months and five years. Who kills his opponent in a duel is punished by fortress custody of not less than two years; who kills his opponent in a duel to death is punished by fortress custody of not less than three years. Should the death or bodily harm be done due to the trespass of the traditional rules of dueling, the trespasser is punished for murder (death sentence) or bodily harm (death sentence or fortress custody of at least ten years). Should the duel have taken place with seconds or cartelbearers the punishment is raised by the half of the punishment above. Cartelbearers, seconds, physicians and witnesses that seriously try to prevent the duel are not punished.

Those that provoke a duel by insulting or threatening another person are punished by prison of not less than three months, unless these people are punished by the rules above. Besides the punishments above, the Wrongdoer also looses any office and has to be excluded from any military unit.

Women that participate in a duel as duelists are punished by imprisonment of not less that two-year. Women that participate in a duel as a second, cartelbearers, physician or witness are punished by imprisonment of up to one year.

The original text was contained in a book by R. Frank with the title Das Strafgesetzbuch für das Deutsche Reich, published in Tübingen in 1931. Duels were included in the German criminal code until the end of the Second World War. Afterwards they were no longer applied by the Allied Command and formally abolished in the 1950s. The dueling rules lost most of its importance after the 1900, but seemed to be of great importance for the SS-troops.


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