Duelling

Duelling. The practice of duelling is still very prevalent on the Continent, but it is now rare in Britain, a challenge to fight being punishable with fine or imprisonment, or both; and it has been long since decided that no words of provocation, however aggravating, can j ustify it. Duelling had its origin in the trial by battle which was common in early times, jointly with the single combat or tournament of the age of chivalry, which itself owed its existence to the early trial by battle. This was regarded, according to the superstitious notions of the time, as a certain means of ascertaining and determining the guilt or innocence of a person charged with a crime, or of adjudicating a disputed right. It was thought that the Almighty took care to see that in every case justice was done and innocence vindicated. The trial by battle was introduced into England by William the Conqueror, and established in three cases, viz.: - (1) In the court-martial or court of chivalry; (2) in appeals of felony; (3) in civil cases upon issue joined in a writ of right. Once established as a mode of trial, the duel was retained after the superstition which had given rise to it had passed away, and was resorted to for the purpose of wreaking vengeance or gaining reputation by the display of courage. Then came the age of chivalry with its worship of punctilio and personal prowess, its tilts and tournaments; and the duel, originally a mode of trial established by law, became a practice dependent on fashion or conventional notions of honour. The trial by battle in appeals of felony and writs of right was only abolished in the year 1819. The law of England makes no distinction whatever between the killing of a man in a duel and other kinds of murder, and the seconds of both parties are also guilty of murder. Further, where no mischief actually ensues from the meeting it may amount to felony as an attempt to murder. By regulations promulgated in the year 1814, duelling in the army is prohibited under severe penalties. In France attempts were made to check it by legislation in 1892.