PASTORALIS OFFICII ENCYCLICAL
OF POPE LEO XIII ON THE MORALITY OF DUELING
To the Archbishops and Bishops of the German
Empire and Austria-Hungary.
Mindful of your pastoral duty and moved by your
love of neighbor, you wrote to me last year concerning the frequent practice
among your people of a private, individual contest called dueling. You
indicate, not without grief, that even Catholics customarily engage in this
type of combat. At the same time your request that We, too, attempt to
dissuade men from this manner of error. It is indeed a deadly error and not
restricted to your country, but has spread so far that practically no people
can be found free from the contagion of the evil. Hence, We praise your zeal.
It is clearly known what Christian philosophy, certainly in agreement with
natural reason, prescribes in this matter; nevertheless, because the vicious
custom of dueling is being encouraged with greatest forgetfulness of Christian
precepts, it will be expedient to briefly review these rules.
2. Clearly, divine law, both that which is
known by the light of reason and that which is revealed in Sacred Scripture,
strictly forbids anyone, outside of public cause, to kill or wound a man
unless compelled to do so in self defense. Those, moreover, who provoke a
private combat or accept one when challenged, deliberately and unnecessarily
intend to take a life or at least wound an adversary. Furthermore, divine law
prohibits anyone from risking his life rashly, exposing himself to grave and
evident danger when not constrained by duty or generous charity. In the very
nature of the duel, there is plainly blind temerity and contempt for life.
There can be, therefore, no obscurity or doubt in anyone's mind that those who
engage in battle privately and singly take upon themselves a double guilt,
that of another's destruction and the deliberate risk of their own lives.
Finally, there is hardly any pestilence more deadly to the discipline of civil
society and perversive to the just order of the state than that license be
given to citizens to defend their own rights privately and singly and avenge
their honor which they believe has been violated.
Penalties for Dueling
3. The Church is the protectress and guardian
not only of truth, but also of justice and honor, in the union of which public
peace and order are held together; therefore it has vehemently condemned and
taken pains to punish with the gravest penalties possible those guilty of
private combat. The constitutions of Our predecessor Alexander III, inserted
in the books of canon law, condemn and solemnly denounce
these private disputes. The Council of Trent punishes with singular and severe
penalties those who engage in these contests or in any way participate in
them. Indeed, above all other punishments it brands these persons with
disgrace; expelled from the bosom of the Church, they are judged unworthy of
the honor of ecclesiastical burial if they die in the struggle. Our
predecessor Benedict XIV in his constitution of November 10, 1752,
Detestabilem, explained in fuller detail the Tridentine sanctions. In most
recent times, Pius IX in his apostolic letter, which opens with Apostolicae
Sedis and reduces the number of latae sententiae censures, clearly declares
that not only those who contend in the duel incur ecclesiastical penalties,
but also those who a called patrinos, seconds, and likewise witnesses and
accomplices.
Absurdity of Dueling
4. The wisdom of these regulations is more
evident as one examines the absurd justification or excuses for the inhuman
custom of dueling. The generally held argument that this sort of struggle
washes away, as it were, the stains that calumny or insult has brought upon
the honor of citizens surely can deceive no one but a madman. Even if the
challenger of a duel is the victor, all reasonable persons will admit that the
outcome simply proves he is the better man in strength or in handling a
weapon, not the better man in honor. But if he falls in the combat, does he
not prove by the same token how absurd is this way of protecting his honor?
Few there are, we believe, who commit this crime deceived by erroneous
opinion. It is, to be sure, the desire of revenge that impels passionate and
arrogant men to seek satisfaction. God commands all men to love each other in
brotherly love and forbids them to ever violate anyone; he condemns revenge as
a deadly sin and reserves to himself the right of expiation. If people could
restrain their passion and submit to God, they would easily abandon the
monstrous custom of dueling.
Fallacious Judgments
5. Fear is not a just excuse for those who
accept the challenge of a duel. They are afraid that they will be publicly
disgraced as cowards if they refuse. Now if the duties of mankind are measured
by the false opinions of the multitude, not by the
eternal norms of rectitude and justice, there would be no natural distinction
between honorable actions and disgraceful deeds. The pagan philosophers
themselves both knew and taught that the fallacious judgments of the masses
must be spurned by a courageous and steadfast man. It is rather a just and
holy fear which prevents a man from committing murder and makes him solicitous
of his own safety and that of his brothers. Truly, he who disdains the
worthless judgments of the mob, who prefers to undergo the scourging of
insults rather than abandon duty in any matter, proves himself to be of a far
greater and exalted spirit than he who rushes to arms when provoked by an
affront. Yes, indeed, if he wants to be judged rightly, he is the one in whom
solid virtue shines forth. The fortitude is truly called virtue, and its
companion is a glory, that is neither counterfeit nor deceptive. Virtue in a
good man exists in accordance with reason, and unless virtue rests on the
judgment of God's approval, all glory is vain.
Official Condemnation
6. Lastly, the baseness of dueling is so evident, that in our time, despite the
approval and patronage of many, legislators have felt bound to repress it by
public authority and published penalties. What is so perverse and destructive in
this case is that the written laws for the most part are evaded in substance and
in deed; and this often happens with the knowledge and silence of those whose
duty it is to punish the guilty and see to it that the laws are enforced. Thus
it happens that frequently duels are fought and go unpunished, mocking the law.
Dueling Laws Apply to Military Too
7. Absurd, certainly, and unworthy of a sensible man is the belief of those who
think that civilians are to be prevented from these contests, yet recommend that
they be permitted to the military because, they maintain, such experience
sharpens military valor. Now, in the first place, honorable deeds and
disgraceful acts are essentially different; in no way can they be changed to
their opposites by the different status of persons. Indeed, men in whatever
condition of life are equally bound by natural and divine law. The reason,
moreover, for such a concession for the military would have to be sought in
public benefit which could never be so great so as to silence the
voice of natural and divine law. What about the obvious deficiency in this
rationale of public advantage? Assuredly, the incentives to military courage aim
at better preparing the state against the enemy. Can this be accomplished by the
practice of a custom that by its very nature causes the death of one of the
individual parties of the country's defense whenever dissension arises among the
soldiers for which, indeed, occasions are by no means rare?
8. Finally, the new age which boasts of far excelling previous ages in a more
civilized culture and refinement of manners is wont to consider older
institutions of little value and too often reject whatever differs from the
character of the new elegance. Why is it that in its great zeal for
civilization, it does not repudiate the base remnants of an uncouth age and
foreign barbarism that we know as the custom of dueling?
9. It will be your duty, venerable brothers, to
impress diligently upon the minds of your people these points which I have
briefly touched upon, that they not rashly follow false notions concerning
dueling, nor allow themselves to be carried away by the judgments of shallow
men. Take particular care that youth at the right time understand that the
Church's position on dueling is in agreement with natural philosophy. Indeed,
just as in other countries Catholics in the prime of
youth voluntarily and faithfully refuse to endorse dishonorable associations,
in like manner, we are extending to Catholic youth the opportunity to make the
same agreement among themselves and pledge that at no time and under no
condition will they engage in a duel.
10. We humble pray God that he strengthen our
common efforts with divine grace and that He kindly grant what We desire for
public welfare, for the integrity of morals and for Christian life.
Affectionately in the Lord, we impart the Apostolic Blessing, Venerable
Brothers, in protection of truly divine favors and as a witness of Our good
will.
Given at Rome at the See of St. Peter, September 12, 1891, in the fourteenth
year of Our Pontificate.
LEO XIII
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