Fixed. The moot would've convened to determine the title part, and his life was never in jeopardy until he accepted the duel.
So have him tossed in jail for conspiracy to commit treason or attempted regicide or whatever you want. If you're gonna follow imperial law, follow imperial law.
We both know that he would have lost his title if he had declined. Torygg knew it too.
We also both know that regardless of the Empire's reaction, Ulfric would have made Skyrim independent and sought to push the Legion out. And I suspect that many of the Jarls would refuse this and it would degenerate into civil war regardless. I seriously doubt that if he won the moot, which would have likely been a 5-4 vote (as Dengeir was Jarl at the time) then said he's kicking the Empire out, that the remaining Jarls would actually take it in stride, considering they later ally with the Empire and decide to buckle down instead of siding with him. And the Empire, and its supporters in Skyrim would have fought to stop it. His Thalmor puppeteers certainly wouldn't have let it end peacefully.
This is what confuses me about the people arguing against the duel system:
On the one hand you say "just because it's tradition doesn't mean it's legal", so were saying the duel should be inconsequential where law and decency apply.
But on the other hand, you say Torygg had to accept the duel or else he would be "dishonored" and by tradition, a moot would have to be called ending in him likely being removed from power.
HUH? So we're talking about a duel that is so important it can make or break a high king, but, we should totally disregard the duel if someone loses (I.E. dies)? We have to let the duel happen, but we can't let it finish?
I don't get that backwards logic.
I don't fully understand how it works out myself, since there's limited information in-game. I've mostly been speculating, but whatever the case, we know that the Imperials, and the Nords of Solitude, wanted to arrest Ulfric for the murder of Torygg. I'm assuming that that by Imperial law, Ulfric committed murder. Unfortunately we don't really have the details on what the Empire's official position is, or how the Nordic customs and laws factor in. What it comes down to, it seems, is that the two sides (both on the forums and in the game) take alternate interpretations on the Empire's intentions and reasoning. Stormcloak supporters seem convinced that whatever unsaid Imperial law Ulfric broke, it either doesn't matter because they're fighting the Empire or that the Empire made it up because they hate Ulfric and won't settle for anything less than a puppet king. On the other hand, I'm playing the assumption that the Imperials and Imperial-aligned Nords actually have a valid reason to see Ulfric as having broken some pre-existing law.
Ultimately we will never agree on their intentions because there's not enough evidence to confirm one or the other.
You can believe that if you like. It's a fairy story. The imperials wouldn't have interfered if it had gone their way. It didn't, so they bring in the muscle and wave their laws in the air as cover.
And you can believe that if you like. I will believe that like the Nords in Solitude saw, Ulfric broke a pre-existing Imperial law in killing Torygg, not that they simply make it up to give an excuse to arrest him. With the lack of evidence pointing either way, it's clear we'll never agree on the Empire's intentions in TES V.
That's not the point. The aftermath of the duel showed that the system has been corrupted by imperial interference and coin. Ulfric knew this, but he had to demonstrate it for everyone else in a way that no one could ignore.
Yet many of the Nords themselves don't care, they seem to prefer the Imperial ways over the old Nordic system (even if they respect it). After all, is a little foreign influence really so heinous compared to the idea that you can challenge someone weaker to a duel to the death and they'll be greatly shamed and likely lose their title if they decline?