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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05455 A proclamation against fighting of duels or single combats Scotland. Privy Council.; Scotland. Sovereign (1649-1685 : Charles II) 1674 (1674) Wing S1589A; ESTC R183328 1,612 1

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C R 〈…〉 A PROCLAMATION against fighting of Duels or single Combats CHARLES by the Grace of GOD King of Great Brittain France and Ireland Defender of the Faith to our Lovits _____ Macers or Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting Forasmuch as the fights of Duels and single Combats are most unlawful and a dangerous practice contrar to the Law of GOD and the principles of the Christian Religion and policie and prohibited by the Laws of this Our Kingdom and of other well governed Kingdoms and Nations And especially by the twelfth Act of King James the sixth Our Royal Grand-Father of blessed memory His sixteenth Parliament whereby it is Statute that no person thereafter without His Highness licence fight any singular Combat under the pain of death and the escheit of their moveables and the Provoker to be punished with a more ignominious death then the Defender Neverthelesse the said abuse and wickednesse is become so ordinary and grown to that height that frequently upon mistakes and escapes of words uttered inconideratly in company by persons otherwayes in freindship and acquaintance and upon the least shadow and apprehension of any other injurie whereof if there were any ground the persons concerned might and ought to have and seek redress from Our Council or Our other ●udicatories They presume and pretend that they are concerned in honor to take reparation at ●heir own hands in the said wicked and consequentially most dishonorable way of fighting Duels and do give and accept appeals and challenges and do go to the Fields and fight Duels To the great contemptand and affront of Our Authority and the great hazard of both Parties their Friends and Seconds and destruction of their Souls and Bodies if they should dye in so unlawful an action and occasion And though they should survive if they should be brought under Our just displeasure and the compasse of the Law and capital punishment For restraining and preventing whereof We with advice of Our Privy Council do ordain That the said Act of Parliament shal be put in punctuall execution And whensoever Our Council shal have information or notice that any Duel is fought That they shal be careful and give order to seise upon the delinquents and imprison them untill they be brought to their tryal and punishment according to Our Laws and to that effect shal give special order to Our Advocat to prosecute and pursue them And seing the granting of pardon and mercy to persons guilty of the said cryme and the hope of impunity may be an occasion of cruelty and imbolden others to adventure upon and commit the like wickednesse Therefore such persons who shall be guilty of the said crime are not to expect that remissions shal be granted to them hereafter And We declare and ordain That if the fighting of a Duel or single Combat shall be designed and undertaken by ●…y Persons and upon notice and discovery the same shall be prevented and that they shall be hindered and restrained from fighting yet the Challenger and also the Defender who shall accept any such challenge shall be severely punished albeit they be hindered and restrained from going to or fighting in the Fields And likewayes the Seconds of any partie respective and these who shall carry any such challenge or appeal shall be punished in maner aftermentioned That is to say The Provoker and Appealler shall be imprisoned during the pleasure of Our Council and fynned if he be a Nobleman in the sum of six thousand pounds Scots And if he be a landed Gentleman in the sum of three thousand pounds money foresaid And if he be of any other inferior quality that he shall be punished as Our Council shall think fit and the partie appealled and the seconds on either side respective and these who shall carry any such challenge shall be imprisoned during Our Councils pleasure and fynned if they be Noblemen in the sum of three thousand pounds money foresaid If they be landed Gentlemen in the sum of one thousand five hundred pounds And if they be of any other inferior quality as Our Council shall think fit Beside what other pain or punishment Our Council shall think fit to inflict And ordains these presents to be Printed and published at the Market Crosse of Edinburgh and other places needfull That none pretend ignorance Given under Our Signet at Holy-rood-house the nineteenth day of March one thousand six hundred and seventy four and of Our Reign the twenty sixth year Al. Gibson Cl. S ti Concilii God save the King EDINBVRGH Printed by Andrew Anderson Printer to the King 's most Excellent MAJESTY Anno Dom. ●…