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No. XL. of Session, Lords of Justiciary, sitting in Judgment in the exercise of their 7 Anne,
Office within Scotland, that the doing thereof shall be construed, adjudged,
and taken to be High Treason. C 21.
IX. And be it further enacted by the Authority aforesaid, That from and
after the first day of July, if any person counterfeit her Majesty's Seals Counterfeiting appointed by the twenty-fourth Article of the Union, to be kept, used and the Great Seal continued in Scotland, that the doing thereof shall be construed and High Treason. adjudged to be High Treason. After the de
X. Provided always, and be it further enacted by the Authority aforecease of the
said, That after the decease of the person who pretended to be Prince of Pretender,
Wales during the life of the late King James, and since pretends to be King and three of Great Britain, and at the end of the term of three Years after the imyears after the mediate Succession to the Crown, upon the demise of her present Majesty, Succession to shall take effect, as the same is and stands limited by an Act made in the the Crown by first year of the reign of their late Majesties King William and Queen Mary, the demise of intituled, An Act for declaring the Rights and Liberties of the Subject, and the Queen shall settling the Succession of the Crown; and by one other Act made in the twelfth take effect, no Attainder for
of the reign of his late Majesty King William the Third, intituled, An
year Treason shall
Act for the further Limitation of the Crown, and better securing the Rights disinherit
and Liberties of the Subject, no Attainder for Treason shall extend to the
any Heir; but he disheriting of any Heir, nor to the prejudice of the Right or Title of any
person or persons, other than the Right or Title of the Offender or after the death Offenders, during his, her, or their natural lives only; and that it shall and of such Offen- may be lawful to every person or persons to whom the Right or Interest ders,
of any Lands, Tenements, or Hereditaments, after the death of any such Offender or Offenders, should or might have appertained, if no such
Attainder had been, to enter into the same. After the XI. And be it further enacted by the Authority aforesaid, That from and times last
after the decease of the person who pretended to be Prince of Wales durabove limited, ing the life of the late King James, and since pretends to be King of Great a copy of
Britain, and at the end of the term of three Years after the immediate the Indict
Succession to the Crown, upon the demise of her present Majesty, shall ment
for Trea- take effect, as the same is and stands limited by an Act made in the first son, &c. shall be delivered
year of the reign of their late Majesties King Wilbum and Queen Mary, to the party
intituled, An Act for declaring the Rights and Liberties of the Subject, and indicted, ten settling the Succession of the Crown, and by one other Act made in the days before twelfth year of the reign of his late Majesty King William the Third, intithe Trial. tuled, An Act for the further Limitation of the Crown, and better securing the 1 W. & M. Rights and Liberties of the Subject, when any person is indicted for High
Treason, or Misprision of Treason, a List of the Witnesses that shall be 12 W. 3. c. 2. produced on the Trial, for proving the said Indictment, and of the Jury,
mentioning the Names, Profession, and Place of Abode of the said Witnesses and Jurors, be also given at the same time that the copy of the Indictment is delivered to the party indicted; and that copies of all Indictments for the Offences aforesaid, with such Lists, shall be delivered to the party indicted, ten days (1) before the Trial, and in presence of two or more credible Witnesses; any Law or Statute to the contrary notwithstanding. i Geo. I. stat. 2. c. 48.
st. 2. c. 4.
(1) The ten days must be after the Bill raignment, and come semble of Sunday ; 1 East, found, and before the Arraignment. They ch. 2. § 49. are exclusive of the day of Delivery and Ar
No. XLI. 9 Anne,
[ No. XLI. ]. 9 Anne, c. 16.-An Act to make an Attempt
on the Life of a Privy Counsellor, in the Execution of his Office, to be Felony without Benefit of Clergy. WHEREAS Anthony de Guiscard, commonly called Marquis de Guis
card, a French Papist, residing in England under her Majesty's · Protection, and subsisted by her Majesty's Bounty for some years past,
was charged with holding a Traiterous correspondence with France, and being taken into custody for such his Treason by Nathan Wilcocks, of
'the parish of St. James, Westminster, in the county of Middlesex, Gen- No. XLI. tleman, one of her Majesty's Messengers in Ordinary, by virtue of a
9 Anne, · Warrant of the Right Honourable Henry St. John, Esquire, one of her
c. 16. • Majesty's Principal Secretaries of State, and on the eighth day of March, ' in the year of our Lord one thousand seven hundred and ten, being ' under Examination before a Committee of her Majesty's most honour• able Privy Council for the same, perceiving his said Treason to have 'been fully detected, being conscious of his Guilt, and dreading the Pain ' and Infamy of his approaching Punishment, in hopes of preventing the
same, and in revenge for the discovery of the said Offence, did, with a · Pen-knife, in a barbarous and villanous manner, stab the Right Honour• able Robert Harley, Esquire, Chancellor of her Majesty's Exchequer, ' and one of her Majesty's Privy Council, then present, and assisting in ' that Committee, and endeavoured to wound others of her Majesty's
Privy Council there: And whereas in the preventing further Mischief ' from the Rage of the said Anthony de Guiscard, and in apprehending and
securing him, he the said Anthony de Guiscard was necessarily and un• avoidably bruised and wounded, and is since dead, in the Prison of
Newgate in the city of London: And whereas no sufficient Punishment is provided for assaulting or wounding a Privy Counsellor in the Execution of his Office, by any Law now in being: To the end that all persons Whoever shall may be deterred from committing such Offences, and for preventing the attempt to kill, like Mischiefs for the time to come; Be it enacted by the Queen's most &c. a Privy Excellent Majesty, by and with the Advice and Consent of the Lords Counsellor in Spiritual and Temporal, and Commons, in this present Parliament assem- the Execution bled, and by the Authority of the same, That if any person or persons, from of his Office, and after the first day of May, in the year of our Lord one thousand declared a Feseven hundred and eleven, shall unlawfully attempt to kill, or shall unlaw- long and shall fully assault and strike or wound any person, being one of the most such without honourable Privy Council of her Majesty, her Heirs or Successors, when Clergy. in the Execution of his Office of a Privy Counsellor in Council, or in any Committee of Council, that then the person or persons so offending, being thereof convicted in due form of Law, shall be and are hereby declared to be Felons, and shall suffer Death as in cases of Felony, without the Benefit, of Clergy.
II. And be it further enacted by the Authority aforesaid, That the said Nathan WilNathan Wilcocks (who by an Inquisition taken the seventeenth day of the cocks, &c. said month of March, before George Rivers, Esquire, Coroner of the said saved harmcity of London, on view of the body of the said Anthony de Guiscard, then and less. there lying dead) is found to have given him the said Anthony de Guiscard several mortal bruises of which he died, and all and every other person and
persons, who were assisting in the defence of the said Robert Harley, and in the apprehending and securing the said Anthony de Guiscard, and did, in so doing, assault, bruise or wound the said Anthony de Guiscard, shall be, and are hereby indemnified and saved harmless therefore; and such their actings and doings are hereby declared to have been necessary and lawful.
[No. XLII.] I George I. stat. 2. c. 47.-An Act for the more
effectual and exemplary Punishment of such Persons as shall seduce Soldiers to desert, or who, being Papists, shall inlist themselves in his Majesty's Service in Great Britain or Ireland, or in the Islands of Jersey or Guernsey. 1. WHEREAS a pernicious and dangerous Practice has been indus- No. XLII.
triously carried on in these Kingdoms of Great Britain and • Ireland, by Papists and other evil-disposed persons, disaffected to his
1 Geo. I. Majesty's Title and Government, under false and groundless pretences, stat. 2. c. 47. 'to delude his good Subjects, who had engaged themselves as Soldiers in " the Service of his Majesty and their Country, and to prevail with them
by corrupt and direct means to desert the same, oftentimes in order to procure their assistance for a Popish Pretender, the avowed enemy of
No. XLII. • the Protestant Religion, and the Laws and Liberties of these Kingdoms ; 1 Geo. I.
• for which wicked purposes the said Papists and other evil disposed persons
• have with great diligence frequented the Public-houses, and other places. stat. 2. c. 47. « where the said Soldiers used to resort, or are quartered, and by Enter
tainments, seditious Speeches, and vain Promises, have often seduced his After June 1
• Majesty's said Subjects from their duty and Allegiance;' for remedying 1716, persons whereof for the future, and for the more effectual and exemplary punishpersuading,
ment of all Offenders in that behalf, be it enacted by the King's Most &c. Soldiers to desert shall
Excellent Majesty, by and with the Advice and Consent of the Lords forfeit 401.
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any person or persons whatsoever, (other than such as are or shall be inlisted as Soldiers, against whom sufficient remedy is already provided by Law,) shall, from the first day of June in the year of our Lord one thousand seven hundred and sixteen, in Great Britain or Ireland, or the Isles of Jersey or Guernsey, by words or other means whatsoever, directly or indirectly, persuade or procure any Soldier or Soldiers in the service of his Majesty, his Heirs or Successors, to desert or leave such service, or shall go about and endeavour, in manner aforesaid, to persuade, prevail on or procure such Soldier or Soldiers to desert or leave such service as aforesaid, every such person or persons so offending as aforesaid, and being thereof lawfully convicted, shall, for every such Offence, forfeit to his Majesty, his Heirs or Successors, or to any other person or persons who shall sue for the same, the sum of Forty Pounds, to be recovered by Bill, Plaint or Information, in any of his Majesty's Courts
of Record at Westminster, wherein no Essoin, Protection, or Wager of Law And not havs shall be allowed; and if it shall happen that any such Offender so convicted as įng sufficient aforesaid, hath not any Goods and Chattels, Lands or Tenements, to the value to pay it, to
of Forty Pounds, to pay and satisfy the same, or that from the circumstances be imprisoned and heinousness of the crime it shall be thought proper and convenient, the six Months without Bail,
Court, before which the said conviction shall be måde, as aforesaid, shall and stand in
award the said Offender to Prison, there to remain for any time not exceedthe Pillory,
ing Six Months, without Bail or Mainprize, and also to stand in the Pillory for the space of one Hour, in some Market-town next adjoining to the place where the Offence was committed, in open Market there, or in the
Market-town itself where the said Offence was committed.(1) Prosecution in II, Provided always, and be it enacted by the Authority aforesaid, That six Months. no such Action shall be brought or Prosecution carried on by virtue of
this Act, unless the same be commenced within six Months after the
Offence committed, Punishment of
• III. And whereas to carry on the service of the said Pretender, and Papists listing
' for other wicked purposes, many Papists pretending themselves Protesthemselves in tants, and taking the Oath of Abjuration, and subscribing the Test, when his Majesty's • thereunto required, being so allowed to do by the Pope, and their other Service. spiritual superiors, the better to disguise and conceal their designs, do
« inlist themselves in his Majesty's Troops, whereby the greatest danger
may arise to these Kingdoms, if not timely prevented:' Be it therefore enacted by the Authority aforesaid, That any person or persons having professed the Popish Religion, who since the first day of February, one thousand seven hundred and fifteen, have been enlisted in his Majesty's Troops, and who shall not, after the first day of June, one thousand seven hundred and sixteen, in Great Britain or Ireland, or in the Isles of Guernsey or Jersey, produce a Testimonial of his having publickly renounced the same, or shall not, at the time of his inlisting, declare to the Officer or Soldier who so inlisteth him, that he hath been, or at present is of the Popish Religion, shall in such case be liable to, and receive such corporeal punishment, not extending to loss of Life, as a Court Martial shall infliet for the same, who are hereby empowered so to do.
(1) By 1 Geo. I. c. 47, upon an informa- sides the penalty of 401. they are bound also tion filed in this Court, for persuading sol- to award the pillory. Rex v. Read, 16 E. R, diers to desert, and tried at the Assizes, this 404. See also Rex v. Fuller. 1 B. & P. 180. Court is the proper Court to award punish- ante, page 470. ment; and if they award imprisonment, be
[ No. XLIII. ) 3 George I. c. 2.-An Act for punishing No. XLIII.
Mutiny and Desertion, and for the better Payment of the 8 Geo. I.
intituled, An Act for the more effectual and exemplary Punishment P. of such Persons as shall seduce Soldiers to desert, or being Papists, shall Penalties • inlist themselves in his Majesty's Service in Great Britain or Ireland, or in against the s the Islands of Guernsey or Jersey, it is enacted, That any person or per- Act 1 Geo. 1.
sons whatsoever, who shall directly or indirectly persuade or procure, or st. 2. c. 47. - endeavour to persuade or procure any Soldier or Soldiers, in the Service • of his Majesty, or of his Heirs or Successors, to desert, such person or
persons so offending, and being thereof lawfully convicted, should forfeit " the sum of Forty Pounds ;' Now be it enacted, That for such Offences as shall be committed against the said recited Act, within that part of Great Britain called England, the penalties thereby enacted shall be sued for and recoverable in any of his Majesty's Courts of Record at Westminster, and for such offences against the said Act, as shall be committed in that part of Great Britain called Scotland, the same shall be sued for and recoverable in his Majesty's Court of Exchequer in Scotland ; and for such offences against the said Act as shall be committed in Ireland, the same shall and may be sued for and recoverable in any of the four Courts at Dublin; any thing in the said recited Act to the contrary thereof in any wise notwithstanding.
* Vide stat. 37 Geo. III. c. 74, post.
[ No. XLIV. ] 9 George II. c. 30. An Act to prevent
the listing his Majesty's Subjects to serve as Soldiers without his Majesty's Licence.
[ Repealed 57 Geo. III. c. 69. ]
[ No. XLV. ] 17 George II. c. 39.-An Act to make it
High Treason to hold Correspondence with the Sons of the Pretender to his Majesty's Crown; and for attainting them of High Treason, in Case they shall land or attempt to land in Great Britain, or any of the Dominions thereunto belonging; and for suspending the Operation and Effect of a Clause in the Act of the seventh Year of the late Queen Anne, for improving the Union of the two Kingdoms, relating to Forfeitures for High Treason, until after the Decease of the Sons of the said Pretender.
[ No. XLVI.] 20 George II. c. 30.-An Act for allowing
Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Counsel. WHEREAS it is thought reasonable, that persons impeached by the No. XLVI. House of Commons of High Treason, whereby any Corruption of
20 Geo. II. Blood is made, or for Misprision of Treason, should have the same benefit and advantage in making their defence, as they may have on Indictments or other Prosecutions: The Commons therefore humbly pray your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Cemmons, in this present Parliament assembled, and by
No. XLVI. the Authority of the same, That from and after the first day of June in 20 Geo. II. the year of our Lord one thousand seven hundred and forty-seven, all and c. 30.
every person and persons whatsoever, who shall be impeached by the Commons of Great Britain of any 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 be received and admitted to make his or their full defence by Counsel learned in the Law, not exceeding two Counsel, who shall be assigned for that purpose, on the application of the party or parties impeached, at any time after the Articles of Impeachment shall be exhibited by the Commons.
[No. XLVII.] 29 George II. c. 17.–An Act to prevent his Majesty's Subjects from serving as Officers under the French King; and for the better enforcing an Act passed in the ninth Year of his present Majesty's Reign to prevent the inlisting his Majesty's Subjects to serve as Soldiers without his Majesty's Licence; and for obliging such of his Majesty's Subjects as shall accept Commissions in the Scotch Brigade, in the Service of the States General of the United Provinces, to take the Oaths of Allegiance and Abjuration.
[Repealed 59 Geo. III. C. 69.]
P. [ No. XLVIII.] 6 George III. c. 53.–An Act for alter
ing the Oath of Abjuration and the Assurance; and for amending so much of the Act of the seventh Year of her late Majesty Queen Anne, intituled, An Act for the Improvement of the Union of the two Kingdoms; as, after the Time therein limited, requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of
High Treason, or Misprision of Treason. No. XLVIII. III. AND whereas by an Act passed in the seventh year of the reign of 6 Geo. III.
her late Majesty Queen Anne, intituled, An Act for improving the c. 53.
• Union of the two Kingdoms ; it is enacted, that from and after the decease of the person who pretended to be Prince of Wales during the Life
of the late King James, and, since his decease, pretended to be King of 7 Anne, c. 21. « Great Britain, and, at the end of the term of three years after the imme
diate succession to the Crown upon the demise of her said late Majesty, should take effect, when any person is indicted of High Treason, or Misprision of Treason, a list of the Witnesses that shall be produced on the • Trial for proving the said Indictment, and of the Jury, mentioning the
names, profession, and place of abode, of the said Witnesses and Jurors, ' be also given, at the same time that the Copy of the Indictment is delivered, to the party indicted; and that Copies of all Indictments for the Offences aforesaid, with such Lists, shall be delivered to the party indicted ten days before the Trial, and in presence of two or more credible Witnesses:' be it further enacted by the Authority aforesaid, That no
thing contained in the said recited Act, shall any ways extend to any InNot to extend dictment of High Treason for counterfeiting his Majesty's Coin, the Great to Indictments Seal or Privy Seal, his Sign Manual or Privy Signet, or to for counter
any feiting the
ment of High Treason, or to any Proceedings thereupon against any OffenCoin, &c.
der or Offenders, who by any Act or Acts now in force, is and are to be indicted, arraigned, tried, and convicted, by such like Evidence, and in such manner, as is used and allowed against Offenders for counterfeiting his Majesty's Coin.