241. The Triennial Act (1694, December 22. 6 & 7 William and Mary, c. 2. WH 6 S. R. 510.) HEREAS by the ancient laws and statutes of this kingdom frequent parliament sought to be held, and whereas frequent and new parliaments tend very much to the happy union and good agreement of the king and people, we Your Majesties' most loyal and obedient subjects, the lords spiritual and temporal and commons in this present parliament assembled, do most humbly beseech Your most excellent Majesties, that it may be declared and enacted in this present parliament, and it is hereby declared and enacted by the king and queen's most excellent Majesties, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled and by the authority of the same, that from henceforth a parliament shall be holden once in three years at the least. II. And be it further enacted by the authority aforesaid, that within three years at the farthest from and after the dissolution of this present parliament, and so from time to time forever hereafter within three years at the farthest from and after the determination of every other parliament, legal writs under the great seal shall be issued by directions of Your Majesties, your heirs and successors, for calling, assembling and holding another new parliament. III. And be it further enacted by the authority aforesaid, that from henceforth no parliament whatsoever, that shall at any time hereafter be called, assembled or held, shall have any continuance longer than for three years only at the farthest, to be accounted from the day on which by the writs of summons the said parliament shall be appointed to meet. IV. And be it further enacted by the authority aforesaid, that this present parliament shall cease and determine on the first day of November, which shall be in the year of our Lord one thousand six hundred ninety-six, unless Their Majesties shall think fit to dissolve it sooner. WH 242. Treason Trials Act (1696. 7 & 8 William III. c. 3. 7 S. R. 6.) HEREAS nothing is more just and reasonable than that persons prosecuted for high treason and misprision of treason, whereby the liberties, lives, honour, estates, blood and posterity of the subjects may be lost and destroyed, should be justly and equally tried, and that persons accused as offenders therein should not be debarred of all just and equal means for defence of their innocencies in such cases; in order thereunto and for the better regulation of trials of persons prosecuted for high treason and misprision of such treason, be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and the commons in this present parliament assembled, and by the authority of the same, that from and after the five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six all and every person and persons whatsoever, that shall be accused and indicted for high treason, whereby any corruption of blood may or shall be made to any such offender or offenders or to any the heir or heirs of any such offender or offenders, or for misprision of such treason, shall have a true copy of the whole indictment, but not the names of the witnesses, delivered unto them or any of them five days at the least before he or they shall be tried for the same, whereby to enable them and any of them respectively to advise with counsel thereupon, to plead and make their defence, his or their attorney or attorneys, agent or agents, or any of them requiring the same, and paying the officer his reasonable fees for writing thereof, not exceeding five shillings for the copy of every such indictment; and that every such person so accused and indicted, arraigned or tried for any such treason as aforesaid or for misprision of such treason, from and after the said time, shall be received and admitted to make his and their full defence by counsel learned in the law, and to make any proof that he or they can produce by lawful witness or witnesses, who shall then be upon oath, for his and their just defence in that behalf; and in case any person or persons so accused or indicted shall desire counsel, the court before whom such person or persons shall be tried or some judge of that court shall and hereby is authorized and required immediately, upon his or their request, to assign to such person and persons such and so many counsel, not exceed ing two, as the person or persons shall desire, to whom such counsel shall have free access at all seasonable hours; any law or usage to the contrary notwithstanding. II. And be it further enacted, that from and after the said five and twentieth day of March in the year of our lord one thousand six hundred ninety-six, no person or persons whatsoever shall be indicted, tried or attainted of high treason, whereby any corruption of blood may or shall be made to any such offender or offenders or to any the heir or heirs of any such offender or offenders, or of misprision of such treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one and another of them to another overt act of the same treason; unless the party indicted and arraigned or tried shall willingly, without violence, in open court confess the same, or shall stand mute or refuse to plead, or in cases of high treason shall peremptorily challenge above the number of thirty-five of the jury; any law, statute or usage to the contrary notwithstanding. IV. And be it further enacted and declared by the authority aforesaid, that if two or more distinct treasons of divers heads or kinds shall be alleged in one bill of indictment, one witness produced to prove one of the said treasons, and another witness produced to prove another of the said treasons, shall not be deemed or taken to be two witnesses to the same treason within the meaning of this act. V. And to the intent that the terror and dread of such criminal accusations may in some reasonable time be removed, be it further enacted by the authority aforesaid, that from and after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, no person or persons whatsoever shall be indicted, tried or prosecuted for any such treason as aforesaid, or for misprision of such treason, that shall be committed or done within the kingdom of England, dominion of Wales or town of Berwick upon Tweed, after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, unless the same indictment be found by a grand jury within three years next after the treason or offence done and committed. VI. And that no person or persons shall be prosecuted for any such treason or misprision of such treason, committed or. done or to be committed or done within the kingdom of Eng and, dominion of Wales or town of Berwick upon Tweed before the said five and twentieth day of March, unless he or they shall be indicted thereof within three years after the said five and twentieth day of March; always provided and excepted, that if any person or persons whatsoever shall be guilty of designing, endeavouring or attempting any assassination on the body of the king, by poison or otherwise, such person or persons may be prosecuted at any time, notwithstanding the aforesaid limitation. VII. And all and every person and persons, who shall be accused, indicted and tried for such treason as aforesaid, or for misprision of such treason, after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, shall have copies of the panel of the jurors who are to try them, duly returned by the sheriff, and delivered unto them and every of them so accused and indicted respectively, two days at the least before he or they shall be tried for the same; and that all persons so accused and indicted for any such treason as aforesaid shall have the like process of the court, where they shall be tried, to compel their witnesses to appear for them at any such trial or trials, as is usually granted to compel witnesses to appear against them. VIII. And be it further enacted, that no evidence shall be admitted or given of any overt act, that is not expressly laid in the indictment against any person or persons whatsoever. X. And whereas by the good laws of this kingdom, in cases of trials of commoners for their lives, a jury of twelve freeholders must all agree in one opinion before they can bring a verdict either for acquittal or condemnation of the prisoner; and whereas upon the trials of peers or peeresses a major vote is sufficient either to acquit or condemn; be it further enacted by the authority aforesaid, that upon the trial of any peer or peeress, either for treason or misprision, all the peers who have a right to sit and vote in parliament shall be duly summoned, twenty days at least before every such trial, to appear at every such trial; and that every peer so summoned and appearing at such trial shall vote in the trial of such peer or peeress so to be tried, every such peer first taking the oaths mentioned in an act of parliament made in the first year of the reign of king William and queen Mary, entitled, An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths; and also every such peer subscribing and audibly repeating the declaration mentioned in An Act for the more effectual preserving the King's Person and Government by disabling Papists from sitting in either House of Parliament, and made in the thirtieth year of the reign of the late king Charles the Second. XI. Provided always, that neither this act nor anything therein contained shall any way extend or be construed to extend to any impeachment or other proceedings in parliament in any kind whatsoever. 243. The Act of Settlement. (1701, June 12. 12 & 13 William III. c. 2. 7 S. R. 636. Stubbs, Select Charters, 528-531. G. and H. 664–670.) WHEREAS in the first year of the reign of Your Majesty and of our late most gracious sovereign lady queen Mary (of blessed memory) an act of parliament was made, entitled, An Act for declaring the Rights and Liberties of the Subject and for settling the Succession of the Crown, wherein it was (amongst other things) enacted, established and declared, that the crown and regal government of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, should be and continue to Your Majesty and the said late queen during the joint lives of Your Majesty and the said queen and to the survivor; and that after the decease of Your Majesty and of the said queen the said crown and regal government should be and remain to the heirs of the body of the said late queen; and for default of such issue to Her Royal Highness the princess Anne of Denmark and the heirs of her body; and for default of such issue to the heirs of the body of Your Majesty. And it was thereby further enacted, that all and every person and persons that then were or afterwards should be reconciled to or should hold communion with the See or Church of Rome, or should profess the popish religion, or marry a papist, should be excluded, and are by that act made forever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case and cases the people of these realms shall be and are thereby absolved of their allegiance; and that the said |