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No. XIV. the Treasons contained in the said Indictment, and afterward charge the 33 Hen. VIII. said Peers, upon their Faiths and Duties of Allegiance that they owen to

the King's Majesty, to try whether the person indicted be guilty of the c. 20.

Treasons contained in the Indictments, or any of them, or not guilty; and

if they shall find him or her guilty, that then such Judgment, Execution Judgment.

and Forfeiture shall be had, made and done, as if such person indicted had
been of good Memory, and personally present arrraigned and pleaded to
the said Indictment, and had been found guilty of the Treasons therein
contained; the Madness or Lunacy of such person in such cases as is

aforesaid notwithstanding.
Attainder of II. And be it further enacted, by the Authority of this present Parlia-
Treason by

ment, That if

any person or persons shall happen to be attainted and conthe common victed of High Treason by Authority of Parliament, or by the due course Law shall be of the common Laws or Statutes of this Realm, and afterwards fall to of as good Madness or Lunacy, that yet nevertheless they shall have and suffer ExeForce as by cution (their Madness or Lunacy notwithstanding); and that if any person Act of Par

or persons shall be attainted of High Treason by the course of the common liament.

Laws or Statutes of this Realm, that in every such case every such
Attainder by the common Law shall be of as good Strength, Value, Force
and Effect, as if it had been done by Authority of Parliament; and that the
King's Majesty, his Heirs and Successors, shall have as much Benefit and
Advantage by such Attainder, as well of Uses, Rights, Entries, Conditions,
as Possessions, Reversions, Remainders, and all other things, as if it had
been done and declared by Authority of Parliament, and shall be deemed
and adjudged in actual and real Possession of the Lands, Tenements,
Hereditaments, Uses, Goods, Chattels, and all other things of the Offenders
so attainted, which his Highness ought lawfully to have, and which they so
being attainted ought or might lawfully lose and forfeit, if the Attainder
had been done by Authority of Parliament, without any Office or Inquisi-
tion to be found in the same; any Law, Statute, or Use of this Realm to

the contrary thereof in any wise notwithstanding. A Saving of

III. Saving to all and every person and persons, and Bodies Politick, the Right of

and their Heirs, Assigns and Successors, and every of them (other than others.

such person and persons which hereafter shall be attainted of High Trea-
son, and their Heirs and Assigns, and every of them, and all and every
other person and persons claiming by them, or any of them, or to their
Uses, or to the Uses of any of them, after the said Treasons committed),
all such Right, Title, Use, Possession, Entry, Reversions, Remainders,
Interests, Conditions, Fees, Offices, Rents, Annuities, Commons, Leases,
and all other Commodities, Profits and Hereditaments whatsoever they or
any of them should, might, or ought to have had, if this Act had never
been had ne made.

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[ No. XV.) SS Henry VIII. c. 21.-Queen Katherine and

her Complices attainted of High Treason.

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No. XVI. 33 Hen. VIII.

C. 23.

[ No. XVI. ] 33 Henry VIII. c. 23.-An Act to proceed

by Commission of Oyer and Terminer against such Persons
as shall confess Treason, &c. without remanding the same,
to be tried in the Shire where the Offence was con-
mitted.*
FORASMUCH as divers and sundry persons, upon great Grounds of

vehement Suspicions, as well of High Treason, Petty Treason, and
Misprisions of Treason, as of Murders, be many times sent for from

divers Shires and Places of this Realm, and other the King's Dominions, • to the King's Majesty's great Charges and Expences, to be examined • before the King's Highness Council upon their Offences, to the intent

* Repealed by 1 and 2 Ph. and M. c. 10, post,

c. 23.

" that Conviction or Declaration of such person should speedily ensue, as No. XVI. " the Merits of their Cases should require : And albeit that after great 33 llen. VIII. s Travail taken in the Examinations of such persons, it appear to the said « Council by Confession, Witness, or vehement Suspect, that such persons • be rather guilty of such Offences whereof they be so examined, than • otherwise; yet nevertheless such Offenders, so examined, by the course The Inconveof the common Law of this Realm, must be indicted within the Shires niences ensu

or Places where they committed their Offences, and also tried by the ing the re• Inhabitants or Freeholders of such Shires and Places, although by their manding per• Confessions, or sufficient Witness, their Offences be certainly known to

sons suspected the King's Council; by reason whereof, beside the Travail and Pains of &c. to be tried the King's Majesty's Council in such Cases, the King's Highness is often- in the counties times put to great Charges and Expences, in remanding such persons to where they the Counties where they offended, there to be indicied and tried of offended.

their Offences : and sometime the Inhabitants and Freeholders of the < Shires or Places where such Offences were done, be compelled to appear < out of their Shires and Places for such Causes, to their great Charges, < for the Trial or Declaration of such Offences; and sometime, by occasion • of the Charges for remanding of such Offenders to be indicted and tried < by the course of the common Law, such Offenders lie still in Prison,

and be forgotten, whereby many times, by help of their Confederates, • they escape unpunished, to the great Courage and evil Example of Evil

doers:' Be it therefore enacted, by the King our Sovereign Lord, and by Cases of Trea. the Assent of the Lords Spiritual and Temporal, and the Commons, of this son, &c. which present Parliament assembled, and by Authority of the same, That if any may be tried person or persons being examined before the King's Council, or three of in any County them, upon any manner of Treasons, Misprisions of Treasons, or Murders, by the King's do confess any such Offences, or that the said Council, or three of them, Commission. upon such Examination, shall think any person so examined to be vehemently suspected of any Treason, Misprisions of Treasons, or Murder; that then in every such case, by the King's Commandment, his Majesty's Commission of Oyer and Terminer, under his Highness's Great Seal, shall be made by the Chancellor of England to such persons, and into such Shires or Places, as shall be named and appointed by the King's Highness, for the speedy Trial, Conviction or Delivery of such Offenders ; which Commissioners shall have Power and Authority to enquire, hear and determine all such Treasons, Misprisions of Treasons, and Murders, within the Shires and Places limited by their Commission, by such good and lawful persons as shall be returned before them by the Sheriff or his Minister, or any other having power to return Writs and Process for that

purpose,

in whatsoever other Shire or Place within the King's Dominions, or without, such Offences of Treasons, Misprisions of Treasons or Murders so examined were done or committed, and that in such cases no Challenge for the Shire or Hundred shall be allowed. (1),

II. Provided that upon the Trial of such Treasons, Misprisions of Trea- Challenge for sons, and Murders, the Challenge to any Juror, for lack of Freehold of

ant of Freethe yearly value of Forty Shillings, shall be allowed as hath been accus- hold. tomed.

III. Provided also, That if any the Peers of the Realm shall happen to Trial of Peers. be indicted of any the Offences aforesaid, by Virtue of any such Commission to be granted by authority of this Act, yet nevertheless they shall have their trial by Peers, in like manner and form as heretofore hath been used; any thing in this Act contained, or any thing to be done by virtue thereof in any wise notwithstanding. And it is ordained and enacted by No perempauthority aforesaid, That peremptory-challenge shall not from henceforth tory Challenge

in High Treason or Misprision of Treason

(1) It seems that the manslaughter of an suance of Statutes 33 H. 8, c.23.; & 43 Geo. English subject committed in China, by an 3. c. 113. $6. Rex v. Depardo, 1 Taunt. 26. alien Enemy who had been a prisoner of war, but was then acting as a mariner on board an N. B. In this case no judgment was ever English merchant ship, cannot be tried in given, and tlie prisoner was ultimately dis- . England, under a commission issued in pur- charged.

6

No. XVI. be admitted or allowed in any cases of High Treason, nor misprision of 33 Hen. VIII. High Treason.

c. 23.

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c. 2.

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[ No. XVII. ] 35 Henry VIII. c. 2.-An Act for the

Trial of Treasons committed out of the King's Domi

nions * No. XVII. FORASMUCH as some doubts and questions have been moved, That 35 Hen. VIII.

certain kinds of Treasons, Misprisions, and concealments of Treasons, done, perpetrated, or committed out of the King's Majesty's Realm of England, and other his Grace's Dominions, cannot ne may by the com

mon Laws of this Realm be enquired of, heard and determined within Where and be “this his said Realm of England: For a plain Remedy, Order and Declafore whom ration therein to be had and made, be it enacted by authority of this preTreasons com- sent Parliament, That all manner of offences, being already made and demitted out of clared, or hereafter to be made or declared by any the Laws and Statutes the Realm,

of this Realm to be Treasons, misprisions of Treasons, or concealments of shall be tried.

Treasons, and done, perpetrated or committed, or hereafter to be done, perpetrated or committed, by any person or persons out of this Realm of England, shall be from henceforth enquired

of, heard and determined before the King's Justices of his Bench, for Pleas to be holden before himself, by good and lawful men of the same Shire where the said Bench shall sít and be kept, or else before such Commissioners, and in such Shire of the Realm, as shall be assigned by the King's Majesty's commission, and by good and lawful men of the same Shire, in like manner and form to all intents and purposes, as if such Treasons, misprisions of Treasons, or concealments of Treasons had been done, perpetrated, and committed within the same Shire where they shall be so enquired of, heard and determined

as is aforesaid. Trial of Peers.

II. Provided always, That if any of the Peers of this Realm shall happen to bę indicted of any such Treasons, or other offences aforesaid, by the authority of this Act, that then, after such Indictment, they shall have their trial by their peers, in such like manner and form as hath heretoforę been accustomed.

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c. 12.

P. [ No. XVIII.] 1 Edward VI. C. 12.--An Act for the

Repeal of certain Statutes concerning Treasons and Fe

lonies. No. XVIII. NOTHING being more godly, more sure, more to be wished and deI Edw. VI. sired betwixt a Prince, the supreme head and ruler, and the subjects:

whose governor and head he is, than on the Prince's part great clemency

and indulgency, and rather too much forgiveness and remission of his Statutes con

Royal power and just punishment, than exact severity and justice to be cerning Trea

shewed; and on the subjects' behalf, that they should obey rather for

• love, and for the necessity and love of a King and Prince, than for fear repealed. of his strait and severe Laws; yet such times at some time cometh in

• the Commonwealth, that it is necessary and expedient for the repressing

of the insolency and unruliness of men, and for the foreseeing and pro• viding of remedies against rebellion, insurrection, or such mischiefs, as * God sometime with us displeased, for our punishment doth inflict and

lay upon us, or the Devil' at God's permission, to assay the good and • God's elect, doth sow and set among us; the which Almighty God with his help, and man's policy, hath always been content and pleased to have staid, that sharper Laws, as a harder bridle should be made, to stay those men and facts that might else be occasion, cause and authors of

sons, &c.

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* This Act is not repcaled by 1 and 2 P. and M. post. ; 1 East. P. C. 102,

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c. 12.

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further inconvenience; the which thing caused the Prince of most famous No. XVIII. memory, King Henry the Eighth, father to our said Sovereign Lord 1 Edw. VI. the King, and other his Highness's progenitors, with the assent of the nobles and commons, at divers Parliaments in their several times holden, to make and enact certain Laws and Statutes, which might seem and ap

Sometimes pear to men of exterior Realms, and many of the King's Majesty's sub

sharp and jects, very strait, sore, extreme and terrible, although they were then,

sometimes • when they were made, not without great consideration and policy moved

milder Laws • and established, and for the time, to the avoidance of further inconve- to be made,

nience, very expedient and necessary: But as in tempest or winter, one accordi course and garment is convenient, in calm or warm weather a more the People's • liberal case or lighter garment, both may and ought to be followed and inclinations,

used; so we have seen divers strait and sore Laws made in one Parlia'ment (the time so requiring) in a more calm and quiet reign of another • Prince, by the like Authority and Parliament, repealed and taken away: • The which most high clemency and Royal example of his Majesty's most 'noble progenitors, the King's Highness of his tender and godly nature, most given to mercy and love of his subjects, willing to follow, and perceiving the hearty and sincere love that his most loving subjects, both the Lords and Commons, do bear unto his Highness, now in this his Majesty's tender age, willing also to gratify the same therefore, and minding further to provoke his said subjects with great indulgency and clemency shewed on his Highness's behalf, to more love and kindness toward his Majesty (if it may be) and upon trust that they will not * abuse the same, but rather be encouraged thereby more faithfully and with more diligence (if it may be) and care for his Majesty, to serve his Highness now in this his tender age, is contented and pleased, that the severity of certain Laws here following be mitigated and remitted.'

II, Be it therefore ordained and enacted by the King our Sovereign No Offence Lord, with the assent of the Lords Spiritual and Temporal, and of the made Treason Commons, in this present Parliament assembled, and by the authority of by any Statute the same, That from henceforth no act, deed or offence, being by Act of shall be so adParliament or Statute made Treason or Petit Treason, by words, writing, judged, but ciphering, deeds, or otherwise whatsoever, shall be taken, had, deemed, such as were and adjudged to be High Treason or Petit Treason, but only such as be made Treason Treason or Petit Treason, in or by the Act of Parliament or Statute made of 25 Edw. 3. in the five and twentieth year of the reign of the most noble King of famous

stat. 5. c. 2. memory, King Edward the Third, touching or concerning Treason or the declarations of Treasons, and such offences as hereafter shall by this present Act be expressed and declared to be Treason or Petit Treason, and none other; nor that any pains of death, penalty or forfeiture in any wise ensue or be to any of the offenders for the doing or committing any Treason or Petit Treason, other than such as be in the said Statute made in the said-twenty-fifth year of the reign of the said King Edward the Third, or by this present Statute ordained and provided, any Act or Acts of Parliament, Statute or Statutes, had or made at any time heretofore, or after the said twenty-fifth year of the reign of the said late King Edward the Third, or any other declaration or matter to the contrary in any wise notwithstanding.

III. And also be it further enacted, by the authority aforesaid, That all Acts of Parliament and Statutes touching, mentioning or in any wise concerning religion or opinions, that is to say, as well the Statute made in the first year of the reign of the King's noble progenitor, King Richard

1 R. 2. stat. 1. the Second; and the Statute made in the second year of the reign of King

C, 6, Henry the Fifth; and the Statute also made in the twenty-fifth year of the 2 H. 5. c. 7. reign of King Henry the Eighth, concerning punishment and reformation 25 H. 8. c. 14. of hereticks and lollards, and every provision therein contained ; and the Statute made for the abolishment of diversity of opinions in certain articles concerning Christian Religion, commonly called the Six Articles, made in the Parliament begun at Westminster, the twenty-eighth day of April, in the one and thirtieth year of the reign of the most noble and victorious 31 H. 8. c. 14. Prince of most famous memory King Henry the Eighth, father of our most clread Sovereign Lord the King that now is; and also the Act of Parlią.

c. 1.

No. XVIII. ment and Statute made in the Parliament begun at Westminster the six1 Edw. VI. teenth day of January, in the three and thirtieth year of the reign of the

said late King Henry the Eighth, and after that prorogued unto the two c. 12.

and twentieth day of January, in the four and thirtieth year of the reign

of the said late King Henry the Eighth, touching, mentioning, or in any 34 & 35 H. 8.

wise concerning books of the Old and New Testament in English, and the printing, uttering, selling, giving or delivering of books or writings, and

retaining of English books or writings, and reading, preaching, teaching or 35 H. 8. c. 5. expounding of scripture, or in any wise touching, mentioning or concernA Repe

of ing any of the same matters. And also one other Statute made in the the before spe- Parliament holden at Westminster in the five and thirtieth year of the cified six Sta- reign of the said late King Henry the Eighth, concerning the qualification of tutes, and of

the Statute of Six Articles; and all and every other Act or Acts of Parevery other

liament concerning doctrine or matters of religion; and all and every Act concern

branch, article, sentence and matter, pains and forfeitures contained, ing Doctrine

mentioned or in and Matter of

any wise declared in any of the same Acts of Parliament Religion.

or Estatutes, shall from henceforth be repealed and utterly void and of

none effect. All Statutes IV. And

be it further ordained and enacted, by the Authority aforesaid, made sithence That all offences made Felony by any Act or Acts of Parliament, Statute the first year

or Statutes, made sithence the twenty-third day of April in the first year of of H. 8. to

the reign of the said late King Henry the Eighth, not being Felony before, make anything and also all and every the branches and articles mentioned or in any wise Felony, repealed.

declared in any of the same Statutes concerning the making of any offence or offences to be Felony, not being Felony before; and all pains and forfeitures concerning the same or any of them, shall from henceforth be

repealed and utterly void, and of none effect. A Repeal of V. And be it also ordained and enacted by the Authority aforesaid, the Stat. of 31 That one Act made in the Parliament holden at Westminster in the xxxi. H. 8. c. 8. &

year of the reign of the said late King Henry the Eighth, that Proclama34 & 35 H. 8.

tions made by the King's Highness, by the advice of his honourable c. 23. touching Council, should be obeyed and kept as though they were made by Authoof the King's rity of Parliament; and also one other Act made in the Parliament holden proclamations.

in the xxxiv. year of the reign of the said late King Henry the Eighth, for the due execution of the said Proclamations; and also all and every branch, article and matter in the same Statutes and in every of them mentioned or declared, shall from henceforth be repealed, and utterly made

void and of none effect. The Penalty VI. And be it enacted by the Authority aforesaid, That if any person for affirming or persons, at any time after the first day of March next coming, by open by words, that preaching, express words or sayings, do affirm or set forth that the King, the King is not his heirs or successors, Kings of this Realm, for the time being, is not, or of the Church, ought not to be supreme Head in earth of the

Church of England and Treor that any

land or any of them, immediately under God; or that the Bishop of other is; or to Rome, or any other person or persons, other than the King of England compass to de- for the time being, is or ought to be by the Laws of God, supreme Head pose him, or to of the same Churches or of any of them; or that the King, his heirs or sucaffirm that he cessors, Kings of this Realm, is not, or ought not to be King of England, ought not to be France and Ireland or any of them; or after the said first day of March King. Repeal- do compass or imagine, by open preaching, express words or sayings, to ed 1 & 2 Ph. depose or deprive the King his heirs and successors, Kings of this Realm, & M. c. 8. for from his or their Royal estate or titles to or of the Realms aforesaid ; or so much as

do openly publish or say by express words or sayings, that any other person concerns the Supremacy.

or persons, other than the King, his heirs or successors, Kings of this Realm, of right ought to be Kings of the Realms aforesaid or of any of them, and to have and enjoy the same or any of them; that then every such offender, being thereof duly convicted or attainted by the Laws of this Realm, their aiders, comforters, abettors, procurers and counsellors, for his or their such first offence, shall lose and forfeit to the King all his

and their goods and chattels, and also shall have and suffer imprisonment The punish

of his and their bodies, at the King's will and pleasure. And if any perment for the son, being once convicted or attainted of any of the said offences, shall second offence after his conviction or attainder eftsoons commit or perpetrate any of the

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