18. The practice of fighting duels evolved from trial by combat
Fighting a duel to resolve private differences was widely practiced among the nobility concurrent with the sanctioned trials by combat. Laws against the practice of duels existed while trial by combat was still widely asserted to be a right among the nobility. In the early years of the 13th-century dueling was officially outlawed by the Church, via the 4th Council of Lateran. Trial by combat was officially authorized by a court. Duels were arranged by the individuals involved, who negotiated the conditions of combat and the weapons to be used through representatives called seconds. Between the issuing of a challenge and the conduct of the duel itself, neither involved party could officially recognize the other. They were controlled through the Code Duello, which first appeared in Renaissance Italy. France had a similar code, which was formally published.
Duels were not necessarily fought to the death, though those arrangements could be made by the seconds. The emergence of firearms made the practice of dueling yet more dangerous since the practice of medicine lagged far behind the development of weapons. Even the slightest wound could fester, and eventually kill. By the late 18th century the practice of dueling was frowned upon by the authorities in most European countries, though in the more independently minded American colonies, and later states, the practice continued well into the 19th century. One of the most famous duels in history, that between Alexander Hamilton and Aaron Burr, took place in New Jersey, though both men resided in New York. The site was selected because New Jersey did not aggressively enforce its laws against dueling, while New York did. New Jersey did indict the victorious Burr, though the charges were dropped.