DUEL, a single combat, at a time and place appointed, in consequence of a challenge. This custom came originally from the northern nations, among whom it was usual to decide all their controversies by arms. Both the accuser and accused gave pledges to the judges on their respective behalf; and the custom prevailed so far amongst the Germans, Danes, and Franks, that none were excused from it but women, sick people, cripples, and such as were under 21 years of age or above 60. Even ecclesiastics, priests, and monks, were obliged to find champions to fight in their stead. The punishment of the vanquished was either death, by hanging or beheading; or mutilation of members, according to the circumstances of the case. Duels were at first admitted not only on criminal occasions, but on some civil ones for the maintenance of rights to estates, and the like: in latter times, however, before they were entirely abolished, they were restrained to these four cases. 1. That the crime should be capital. 2. That it should be certain the crime was perpetrated. 3. The accused must by common fame be supposed guilty. And, 4. The matter not capable of proof by witnesses.
DUEL
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