Page:Cyclopaedia, Chambers - Volume 1.djvu/619

 DUE

This duelling was fo general a Method of terminating Dif- ferences among the Nobles ; that even Ecclefiafticks, Priefts, and Monks were not excufed from the fame. Only, to pre- vent their being ftain'd with Blood, they oblig'd 'em to pro- cure Champions to fight in their ftead ; as is ftiewn at large by Father Dacheri, in the Vlllth Tome of his Spicilegium. See Champion.

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DUK

Duel is alfo ufed for a fingle Combat on fome private Quarrel, or (Jccafion. *

The Duel mull be premeditated ; otherwife 'tis only a Rencounter. Sec Rencounter. 1

The Folly, or rather Madnefs of Duelling reign'd for fome Ages in France ; where the Flower of the NobkSfe perifli'd thereby. 'Tis one of the Glories of the late Louis XI V

None were excepted but Women, lick People, and Cripples, have ufed all his Power and Authority towMdTabcJi/W

an i, V! n S Were u r I 1 S ™ f Age ' or abovc 6 °- Vueh. The fevereEdifts and Laws he made againftZtef

The Cuftom was for the two Champions to enter a Lift. '

or fmall Enclofure, by the Authority ot the ordinary Judge, not only on Criminal Occafions, but on fome Civil Ones, for the Maintenance of their Right.

The Monk Sigebert even relates, that a Qucftion on a Point of Law being prefented to the Emperor Otho I. viz. whether the Reprefentation had Place in dirccF Succcflion: And the Doctors finding thcmfelves embarrafs'd in the Refo- lution thereof 5 the Emperor remitted theDecifion of fo criti- cal a Point to the Judgment of Arms ; and pitch'd on two bold Fellows to maintain the pro and the contra. The Vic- tory fell to him who contended for the Reprefentation ; In Favour of whom a Law was ftraightway made, which is in Force to this Day.

This Cuftom came originally from the Northern Nations ; among whom it was a Cuftom to end all their Differences by Arms ; as we are allured by Paterculus. It afterwards pal 1 fed as a Law among the Germans, Danes, and Franks; efpecially after Gondebault, King of the Burgtindians, ad- mitted it inftcad of Swearing. Mr. Godeau, in his Hiftory of the Church, VII. Cent, fays, it was the Lumbards who firft introduced into Italy the Barbarity of fingle Combats, whence the Cuftom fprcad throughout the reft of Eu- rope.

The Form of the Combat was this : The Accufer and Accufed giving Pledges to the Judge, on their refpective Behalf; the Judge took firft up that of the Defendant, and next that of the Demandant. They were then both clap'd up in fafe Prifon ; and the Chief Juftice was to furnilh 'em with fuitable Arms. Such as fought on Foot had only a Sword and Buckler. The Horfe-mcn were arm'd at all Points, as well as their Horfcs.

The Day of Combat being come, they made Choice of four Cavaliers, to guard the Field; and pcrtorm'd divers Ceremo- nies, Prayers, Oaths, Sc. deicrib'd by 'Paf/uier, and other Authors, quoted by du Cange, who mentions an Ordonnancc of King 'Philip the Fair in rjotf, prefcribing the fcvcral Rules, Conditions, and Ceremonies, which are curious to fee.

The VanquifiVd, whether Accufer, or Accufed, was pu- nifh'd with Death, or Mutilation of Members, and igno- minioufly drag'd out of the Camp, hung on a Gibbet, or burnt, according to the Circumftances ot the Cale.

This Way ot trying by Duel, was inftituted as a Method of confuiting Providence, to learn who was the Criminal ; and it was imagined, that God thus interrogated, w : ould not fail to declare himfelf in Favour of the Innocent. But it hap- pen'd fo often, that the unjuft Accufer came off victorious 5 that they began to be convinced, they muft not prefcribe to his Wifdom, the Neceffity of Interrupting the Courfe of fe- condCaufes. This was giving Rules to Murther, and difgui- fing AfTafltnations under Method and Meafure. See Sort es.

Saxo Grammaticlts obferves, that as early as the Year 981, the Kings of 'Denmark had abrogated the Proof by Duel; and in lieu thereof, appointed the Proof by red hot Iron, which was annull'd in its Turn. Sec Ordeal.

But Duels were condemn'd before by a Council held at Valence in 855 ; where the Perfon who kill'd his Enemy, was excommunicated 5 and the Perfon kill'd, pronounced unworthy of Burial. Afterwards, the Popes Nicholas I. Celejtin III. and Alexander III. likewife interpofed ; and Fre- deric I. and II. prohibited 'em in Germany. St. Louis did what he could to abolilh 'em in France ; But his Ordon- nance only took Place on his own Lands, and not on thofe of his Vaffals. After his Example, the Counts d'Auvergne and Poitlou, and feveral other Lords, forbad 'em likewife, 'Philip the Fair, following the Foot-fteps of his Grand-father, St. Louis, forbad all Gages, or Pledges of Battel ; and yet he permitted 'em in four Cafes, in the Ordonnance above- mentioned of the Year 1 50^. The laft Duel of Note was in the Year 1547, before King Henry XX. between Jarnac and Chataigneraye, mention'd by 'Fhuanus, and de Serres.

In England, the Trial by Duel is difus'd ; tho' the Law on which it is founded be ftill in Force. The laft Trial of this Kind admitted, was in the tfth Year of Kinp Charles I., between Donnald, Lord Key, or Rhee, Appellant, and Da- vid Ramfey Efquire, Defendant, in the painted Chamber at Wejlminfter ._ Stephanus de Nerboua omnibus — fciatis me dejiffe Wilhelmo filio Radulphi de Filuugele p>ro Homa.gi b Servitw fuo, & propter Ducllum quod fecit Pro me~ dues virgatas 1"erre.

t Duel-

lijts put a Stop to the Cuftom.

The Word is form'd from Duellum, ufed by the barba- rous Lathi Writers, quafi duorum helium.

DUKE, a foveraign Prince, without the Title, or Quality of King : Such are' the Duke of Savoy; Duke of 'Par- ma, Sic. Sec Prince.

There are alfo two Sovereigns, that have the Title of Great-Duke : The Grand-Duke of 'Tttfcany, and the Grand- Duke of Mufcovy, now call'd the Czar, or Emperor of Ruf-

T-L The E ™P cror "{ Germany is Arch-Duke of Aitftria.

The Word is borrowed from the modern Greeks, who call Doucas, whar the Latins call Dux.

Duke is alfo a Title ofFIonour, or Nobility, the next be- low Princes. See Nobility, Prince, iSc.

The Ducate, or Dignity of Duke, is a Roman Dignity, denominated a Ducendo.

The firft Dukes, Duces, were the DuSores Exercimum, Commanders of Annies. Under the later Emperors, the Govcrnours of Provinces were entitled Duces. In latter Times the fame Denomination was given to the Governours of Provinces in Time of Peace.

The firft Governour in Quality of Duke, vizsaDuke of the Marchia Rhetica, or Grifons, whereof mention is made in Cajjiodorus. The Goths, and Vandals, upon their over- running the Provinces of the Weftera Empire, aboiilh'd the Roman Dignities wherever they fettled. But the Franks, ckc. to pleafe the Gaulifi People, who had long been us'd to that Form of Government, made it a Point of Politicks, not to change any Thing therein ; and accordingly divided all Gaul into Dutchies, and Counties ; and gave the Names fometimes ot Dukes, and fometimes oi Counts, Comites, to the Govcr- nours thereof. See Count.

In England, during the Saxons Time, Cambden obferves, the Officers and Commanders of Armies were call'd Dukes, Duces, after the ancient Roman Manner, without any Addi- tion. After the Conqueror came in, the Title lay dormant, till the Reign of King Eduard III. who created his Son Eduard, firft call'd the black 'Prince, Duke of Cornwall. After whom, there were more made in fuch a Manner as that their Titles defcended to their Pofterity.

They were created with much Solemnity, per Cinilurani Gladii, Cappceque, £5 Circuit Aurei in Capite Impofitio- nem.

Tho' the French retain'd the Names, and Form of the Ducal Government, yet under their fecond Race of Kings, there was fcarce any fuch Thing as Dukes ; But all the great Lords were call'd Counts, 'Peers, or Barons. Except- ing, however, the Dukes of Burgundy, and Aquitaine 5 and a. Duke of France, which was a Dignity, Hugh Capet himfelf held, correfponding to the modern Dignity of Alaire de Palais, or the K' n g' s Lieutenant.

By the Weaknefs of the Kings, the Dukes, or Governours made themfelves Sovereigns ot the Provinces trufted to th ir Adminiftration. This Change happen'd chiefly about the Time of Hugues Capet ; when the great Lords began to dif- membcr the Kingdom ; fo that that Prince found more Com- petitors among 'em than Subjccls. 'Twas even with a deal ot Difficulty they could be brought to own him their Superior and to hold of him by Faith, and Homag e.

By Degrees, what with Force, and what by Marriages, thefe Provinces, both Dutchies, and Counties, which had been rent from the Crown, were re-united. But the Title Duke was no longer given to the Govcrnours of Provinces.

From that Time Duke became a mere Title of Dignity, affecFed to a Perfon, and his Heirs Male, without giving him any Domaine, Territory, or Jurifdict ion over the Place where- of he is Duke. All the Advantages thereof confift in the Name, and the Precedence it gives 'em.

The Dukes of our Days retain nothing of their ancient Power, but the Coronet on their Eicutcheon ; which is the only Mark of their departed Soveraignty.

They are created by Patent, CincFure of the Sword, Mantle of State, Impofition of a Cap, and Coronet of Gold on the Head, and a Verge of Gold in their Hand. See Coronet, Grace, &c.

The eldeft Sons of Dukes arc by the Courtefy of England ftyled Marquijes, and the younger Sons, .Lords, with theAd- dition of their Chriftian Kame, as Lord James, Lord 'Lho- mas, &c. and take Place of Vifcounts, tho' not fo privi- leged by the Laws of the Land. A Duke has the Title of Grace ; and being writ to, is ftiled, in the Heralds Language, Mofi high, potent, and Noble Prince. Dukes of the Blood A a* Royal,