June, 1654
[29 June, 1654.]
Punishment for Challenges, acceptance, or knowingly carrying the same.
Whereas the fighting of Duels upon private Quarrels is a thing
in it self displeasing to God, unbecoming Christians, and contrary
to all good order and government; And forasmuch as the same
is a growing evil in this Nation, for preventing whereof there is
a present necessity of some more severe Law then hitherto hath
been made in that behalf; Be it therefore Ordained by His
Highness the Lord Protector of the Commonwealth of England
Scotland and Ireland, &c. by and with the advice and consent of
his Council, That if any person or persons of what degree or
quality soever within this Commonwealth, shall from and after
the first day of July next ensuing, by Message, Word, Writing,
or any other way, either Challenge or cause to be Challenged
any other person to fight any Combate or Duel, or shall accept
any such Challenge; every such person who shall make, send or
accept any such Challenge, and every person who shall knowingly
carry the same, shall be committed to Prison, without Bail or
Mainprize, there to remain for the space of six Moneths next
after his Commitment, and from thence until the next General
Quarter Sessions of the Peace, or General Assize and Gaoldelivery to be held for that County, City or Town Corporate,
where before his Enlargement out of Prison, he shall enter into
Recognizance with two or more sufficient Sureties, such as the
Court shall approve, to be of good Behavior during the space
of one whole year then next ensuing.
Persons Challenged not discovering it in 24 hours, it shall be accounted accepter.
And it is further ordained by the authority aforesaid, That if
any person so Challenged as aforesaid, do not within four and
twenty hours after, make discovery thereof to some Justice of
the Peace, the same shall be accounted an acceptance of a
Challenge within the intention of this Ordinance.
Any that shall fight a Duel upon a preceding Challenge, every Second or assisting shall be banished.; Persons using disgraceful, provoking words or gestures, may be Indicted.; Punishment.; Reparation to the party wronged.
And it is further Ordained by the authority aforesaid, That if
any person or persons shall from and after the publication hereof,
actually fight any Duel or Combate, whereupon death shall
ensue, the same shall be deemed, adjudged and taken to be
Murther. And if any person or persons shall from and after the
time aforesaid, actually fight any Duel or Combate, upon any
such preceding Challenge or appointment as aforesaid (although
death ensue not thereupon) or shall as Second, or otherways
knowingly accompany, or assist any such person, the Judge or
Justices of Peace before whom such Offender shall be convicted,
hall pronounce Judgment against all and every such Offender
and Offenders to be banished during life out of this Commonwealth, and shall by their said Judgment appoint the time for
such Offenders departure (which shall not exceed one Moneth
after such Conviction) and also assign the Port from whence he
shall go; and if any such Offender shall at any time after such
day limited be taken within this Commonwealth, he shall be
adjudged as a Felon, and suffer death accordingly. And to
prevent all occasions of Challenges and Quarrels, Be it further
Ordained by the Authority aforesaid, That any person or persons
hereafter using any disgraceful, provoking words or gestures,
shall be lyable to an Indictment at the Gaol-delivery or General
Sessions of the Peace; and if such person or persons shall be
found guilty, the Judge or Justice of Peace shall cause him or
them to be bound to his or their good behaviour, and shal likewise impose a Fine upon him or them for such offence, to be
levied to the use of His Highness the Lord Protector and his
Successors; and also to make reparation to the party wronged,
as to the said Judge or Justices shall seem meet, upon consideration had, both of the quality of the person injured, and the
offence committed: And if any person shall refuse to give
obedience to the Sentence of the Judge or Justices herein, such
person shall be committed to the House of Correction, there to
remain until he shall perform the same.
Persons fighting Duels, or intending it, shall be apprehended. Forfeiture for default.; Persons challenging or accepting a challenge in this Commonwealth, and fighting it in another place, shall be punished as if it had been done here.
And be it further Ordained, That all Sheriffs, Constables and
other Ministers of Justice, and all other persons whatsoever, that
shall have any knowledge or notice of the intent or purpose of
any persons whatsoever to fight any Duel, or that any Challenge
is made or sent, or intended to be made or sent to that purpose,
or shall see or perceive any persons fighting such Duel, shall
forthwith apprehend or cause to be apprehended such persons
faulty as aforesaid, and cause them to be brought before some
Justice of the Peace of the County, City, or Town Corporate
where the said offence shall be committed, who are hereby
authorized and required, if upon examination they finde the said
parties to be faulty, to binde the said Offenders (as also the
Witnesses) by Recognizance to appear at the next General Gaoldelivery or Quarter Sessions, to be held for the said County,
City or Town Corporate, to be proceeded against, and in the
mean space to keep the peace; And if any officer or Minister of
Justice or other person shall fail to apprehend such Offenders,
or else if upon their utmost endeavors, they are not able to
apprehend them, if they shall fail to make known the said
persons to some Justice of Peace, that then each person so
failing to do his duty as abovesaid, shall forfeit ten pounds of
lawful English money, to be levied of his Goods and Chattels by
distress and sale thereof, rendring the overplus to the owner
thereof, for the use of the Poor of the Parish where such offence
is committed; And the like Law and Punishment shall be for
parties Challenging, or accepting any Challenge in any part of
this Commonwealth, and thereupon fighting in any other place,
as if the Fact had been done within the Commonwealth of
England, and the Tryals and Judgement upon this Ordinance
may be had either at the Gaol-delivery or at the General
Sessions.
No Certiorari to remove such Indictment.
And it is lastly Ordained, That no Certiorari shall be hereafter
allowed to remove any such Indictment as aforesaid.