1728 Mass. Acts 516
| dc.coverage.spatial | Massachusetts | |
| dc.date.accessioned | 2025-10-24T01:55:24Z | |
| dc.date.accessioned | 2025-11-12T13:54:22Z | |
| dc.date.accessioned | 2026-03-17T02:21:39Z | |
| dc.date.issued | 1728 | |
| dc.description.abstract | An Act for Repealing an Act Entitled, "An Act For The Punishing And Preventing Of Dueling," and for Making Other Provisions Instead Thereof, ch. 5: That whoever from and after the publication of this Act shall be so hardy and wicked as to fight a duel, or for private malice, displeasure, fury or revenge, voluntarily engage in a rencounter, with rapier or small-sword, backsword, pistol or any other dangerous weapon, to the hazard of life, mayhem, or wounding of the parties, or the affray of his Majesty's good subjects, although death doth not thereby ensue; or shall by word, message, or any other way, challenge another to fight a duel, or shall accept a challenge, although no duel be fought, or shall any ways abet, prompt, encourage or seduce any person to fight a duel, or to challenge another to fight | |
| dc.description.lawtext | Be it enacted by his Excellency the Governour, Council and Representatives in General Court assembled, and by the Authority of the same, That whoever from and after the Publication of this Act shall be so hardy and wicked as to fight a Duel, or for private Malice, Displeasure, Fury or Revenge, voluntarily engage in a Rencounter, with Rapier or small Sword, back Sword, Pistol or any other dangerous Weapon, to the hazzard of Life, Maihem, or wounding of the Parties, or the Affray of his Majesty’s good Subjects, although Death doth not thereby ensue; or shall by Word, Message, or any other Way, challenge an other to fight a Duel, or shall accept a Challenge, al- though no Duel be fought, or shall any Ways abett, prompt, encourage or seduce any Person to fight a Duel, or to challenge an other to fight; and be by due Course of Law before the Court of Assize and General Goal Delivery in any of the respective Counties within this Province convicted thereof, shall for every such Offence be carried publickly in a Cart to the Gallows, with a Rope about his Neck, and sit on the Gallows for the space of one Hour with a Rope about his Neck, as aforesaid, and then committed to the common Goal of the County, and there remain without Bail or Mainprize, for the space of twelve Months, and at the Expiration thereof shall find Sureties for the Peace and good Behaviour, for and during the space of twelve Months more. And be it further enacted by the Authority aforesaid, That when and so often, as it shall appear by the Coroner’s Inquest, that any Person hath been killed in fighting a Duel, the Corps or Body of such Person so slain shall not have a Christian Burial: But the Coroner of the County where the Fact shall be committed, shall be, and hereby is directed and impowred to take effectual Care that the Corps of all Persons so killed be immediately secured, and buried without a Coffin, with a Stake drove through the Body, at or near the usual Place of Execution; provided it be within the space of ten Miles, if otherwise, then in the most publick Place in the Town where the Fact was committed; the Charge thereof to be defreyed out the Estate of the Deceased, (if any to be found) by Warrant of Distress to be awarded by His Majesty’s Justices of the Superiour Court of Judicature Court of Assize and General Goal Delivery, upon the Coroner’s presenting a Bill of Charge therefor: And if no Estate to be found, then the Charge to be paid by the County: And in Case any Person shall slay or kill any other in Duel or Fight, as aforesaid, and upon Conviction thereof suffer the Pains of Death, as is by Law provided for wilful Murder, the Body of such Person, shall not be allowed Christian Burial, but be buried without a Coffin, with a Stake driven through the Body, at or near the Place of Execution, as aforesaid. | |
| dc.description.summary | This colonial act imposes severe punishments to deter dueling and pre-arranged fighting with dangerous weapons. Surviving participants, challengers, and those who abet them face public humiliation at the gallows, followed by a year of imprisonment without bail and a subsequent year of legally enforced good behavior. Furthermore, anyone killed in a duel, as well as any victor executed for willful murder, is strictly denied a Christian burial and must instead be buried without a coffin with a stake driven through their body. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/4146 | |
| dc.relation.isreferencedby | https://upload.wikimedia.org/wikipedia/commons/2/24/1728_Massachusetts_Bay_Dueling_Act.jpg | |
| dc.subject | DUELING | |
| dc.title | 1728 Mass. Acts 516 |