Whosoever committeth murder by way of duel, shall suffer death by hanging; and if he were the challenger, his body, after death, shall be gibbeted.* He who removeth it from the gibbet, shall be guilty of a misdemeanor; and the officer shall see that it be replaced.

     * 25 G. 2. c. 37.

Whosoever shall commit murder in any other way, shall suffer death by hanging.

And in all cases of petty treason and murder, one half of the lands and goods of the offender shall be forfeited to the next of kin to the person killed, and the other half descend and go to his own representatives.  Save only, where one shall slay the challenger in a duel,* in which case, no part of his lands or goods shall be forfeited to the kindred of the party slain, but, instead thereof, a moiety shall go to the Commonwealth.

     * Quaere, if the estates of both parties in a duel should not
     be forfeited?  The deceased is equally guilty with a suicide.

The same evidence* shall suffice, and order and course** of trial be observed in cases of petty treason, as in those of other*** murders.

* Quaere, if these words may not be omitted?  By the Common law, one witness in treason was sufficient.  Foster, 233.  Plowd. 8. a.  Mirror, c. 3.  Sec. 34.  Waterhouse on Fortesc de Laud. 252.  Carth. 144 per Holt.  But Lord Coke, contra, 3 Inst 26.  The stat. 1 E. 6. c 12. &5E.6. c. 11. first required two witnesses in treason.  The clause against high treason supra, does the same as to high treason; but it seems if 1st and 5th E. 6. are dropped, petty treason will be tried and proved, as at Common law, by one witness.  But quaere, Lord Coke being contra, whose opinion it is ever dangerous to neglect.

** These words are intended to take away the peremptory challenge of thirty-five jurors.  The same words being used 1 & 2 Ph. k.  M. c. 10. are deemed to have restored the peremptory challenge in high treason; and consequently are sufficient to take it away.  Foster, 237.

*** Petty treason is considered in law only as an aggravated murder.  Foster, 107,323.  A pardon of all murders, pardons petty treason. 1 Hale P. C. 378.  See 2 H. P. C. 340, 342.  It is also included in the word ‘felony,’ so that a pardon of all felonies, pardons petty treason.

Whosoever shall be guilty of manslaughter,* shall, for the first offence, be condemned to hard labor** for seven years, in the public works, shall forfeit one half of his lands and goods to the next of kin to the person slain; the other half to be sequestered during such term, in the hands and to the use of the Commonwealth, allowing a reasonable part of the profits for the support of his family.  The second offence shall be deemed murder.

     * Manslaughter is punishable at law, by burning in the hand,
     and forfeiture of chattels.