Duel - Definition - Law Dictionary Home Dictionary Definition duel

Definition :

Duel, in our ancient law, a legal combat between persons in a doubtful case for the trial of the truth, long since disused.

In modern times a duel is a combat with weapons between two persons upon some quarrel precedent, wherein, if one of them is killed, the other and the seconds are guilty of murder whether the seconds fight or not, Hawk. Pl. 47.

Notwithstanding that this was the undoubted law, duels were by no means unfrequent in England up to about the middle of the nineteenth century, e.g., the Duke of Wellington exchanged shots without effect with Lord Winchelsea in 1829; Lord Cardigan wounded Captain Tuckett, and was tried before, and acquitted by, the House of Lords in 1841; and Mr. Seton was killed by Lieutenant Hawkey in1845. For a full list of celebrated duels, see Haydn's Dictionary of Dates, tit. 'Duel.'

It is a misdemeanour to challenge another to fight, or to provoke another to send a challenge, R. v. Phillips, (1805) 6 East 464; and fighting or promoting a duel renders an officer liable to be cashiered and a soldier to suffer imprisonment by s. 38 (founded upon Articles of War made in 1844) of the (English) Army Act (44 & 45 Vict. c. 58)