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sight be not used to prevent evil Chances if they should happen :' For the No. XXV. eschewing whereof we the Lords Spiritual, &c.
1 & 2 P.&M. “ If it please God to call the Queen before the Issue of her body inhe“ ritable, if it be Male shall accomplish the age of xviii. years, or if Female
c. 10. “ before it shall be of the age xv. years and not married, the King shall “ have the Education and Government of such Issue, and of this Realm, “ until the Issue inheritable, if Male, shall accomplish the age of xviii.
years, and if Female until xy. years or Marriage: and during such Go“ vernment, the Articles comprised in the Treatises and Act of Parliament
concerning the Marriage, which on the behalf of his Majesty been to be “ performed, shall continue. If any person, during the time that the King « shall have the Government of such Issue, maliciously, advisedly and “ directly, by Writing, Printing, Overt-deed or Act, do compass, attempt, « and go about to destroy the person of the King, or to remove his High“ ness from the Government of the same, such Offences shall be adjudged “ High Treason. EXP.”
VII. And be it further enacted, by the Authority aforesaid, That all Trials hereafter to be had, awarded or made for any Treason, shall be had and used, only according to the due order and course of the Common Laws of this Realm, and not otherwise : Saving to every person and persons, Bodies Politick and Corporate, their Heirs and Successors, other than the Offenders and their Heirs, and such person and persons as claim to any of their Uses, all such Rights, Titles, Interests, Possessions, Leases, Rents, Reversions, Offices and other Profits, which they or any of them shall have at the day of committing such Treasons, or at any time afore, in as large and ample manner as if this Act had never been had nor made.
VIII. Provided always, and be it declared and enacted, by the Authority aforesaid, That Concealment or keeping secret of any High Treason be deemed and taken only Misprision of Treason, and the Offenders therein to forfeit and suffer, as in cases of Misprision of Treason hath heretofore been used; any thing above mentioned to the contrary notwithstanding.
“ Peers of this Realm indicted of any the Offences made Treason or “ Misprision of Treason by this Act, shall have their Trial by their Peers. “ No persons shall be impeached for any of the Offences abovesaid, com
mitted only by Preaching or Words, unless the Offender be indicted 56 within six months. EXP.”
XI. Provided always, and be it enacted, by the Authority aforesaid, That
upon the Arraignment of any person which hereafter shall fortune to be arraigned for any Treason mentioned in this Act, all and every such person and persons (or two of them at the least) who shall hereafter write, deelare, confess, or depose any thing or things against the person to be arraigned, shall, if living, and within the Realm, be brought forth in person before the Party arraigned if he require the same, and object and say openly in his Hearing, what they or any of them can against him, for or concerning any the Treasons contained in the Indictment, whereupon the Party shall be so arraigned, unless the Party arraigned for any such Treason shall willingly confess the same at the time of his or their Arraign
XII. Provided nevertheless, and be it enacted, by the Authority aforesaid, That in all cases of High Treason, concerning Coin currant within this Realm, or for counterfeiting the King or Queen’s Signet, Privy Seal, Great Seal, or Sign Manual, such manner of Trial and none other be observed and kept, as heretofore hath been used by the Common Laws of this Realm ; any Law, Statute, or any other thing or things to the contrary notwithstanding.
XIII. Provided always, That the Councellors, Procurers, Comforters, and Abettors, for his or their first Offence, shall suffer like Punishment, Penalty and Forfeiture, as is contained in this Act against the principal Offenders for their first Offence, and none other: And that the Counçellors, Procurers, Comforters and Abettors, for his or their second Offence shall sustain like Punishment, Penalty and Forfeiture, as is contained in this Act against the principal Offender or Offenders for their second Offence, and none other.
No. XXVI. [ No. XXVI. ] 1 Elizabeth, c. 5.- If
1 Elizabeth, c. 5.--If any Person shall 1 Eliz. c. 5. compass or imagine to deprive the Queen or the Heirs of
her Body to be begotten, being King or Queen of this Realm, from the Stile or , Kingly Name of the Crown of this Realm: Or to destroy the Queen or any the Heirs of her Body, being King or Queen : Or to levy War against the Queen, or any the Heirs of her Body within her Dominions : Or to depose the Queen or any of the Heirs of her Body, &c. from the Imperial Crown of this Realm, and the same Imaginations shall utter by open Words, &c.: Or shall publish, and directly say, That the Queen, during her Life is not, or ought not to be Queen : Or that after her Death, the Heirs of her Body ought not to be King or Queen: Or that any other Person ought to be King or Queen, so long as any of the Heirs of her Body shall be in Life: Then such Offender shall forfeit to the Queen all his Goods and Chattels, and the Profits of his Lands during his Life. And if any Person or Persons shall by Writing, Printing, Overt-Deed or Act, commit any of the Offences aforesaid, it shall be adjudged High Treason. EXP.
[ No. XXVII.] i Elizabeth, c. 6.—The Penalty mentioned
in the Statute of 1 and 2 P. and M. c. 3. for speaking false slanderous News of the King or Queen, or for committing any of the Offences expressed in the said Act, shall be expounded to extend to the Queen that now is, and to the Heirs of her Body. EXP.
[ No. XXVIII. ] 13 Elizabeth, c. 1. IT shall be High Treason to intend Destruction or bodily Harm to the
Queen, or to levy War, or to move others to War against her, or to affirm that the Queen ought not to enjoy the Crown, but some other Person; or to publish, that the Queen is an Heretick, Schismatick, Tyrant, Infidel, or Usurper of the Crown; or to claim Right to the Crown, or to Usurp the same during the Queen's Life; or to affirm the Right in Succession of the Crown in some other than the Queen; or to affirm, That the Laws and Statutes do not bind the Right of the Crown,
and the Descent, Limitation, Inheritance, or Governance thereof. II. Whosoever shall during the Queen's Life, by any Book, or Work
written or printed, expressly affirm, (before the same be established by Parliament), That any one particular Person is or ought to be Heir and Successor to the Queen, except the same be the natural Issue of her Body: or shall wilfully set up in open place, or spread any Books or Scrowls to that Effect: or shall print, bind or put to Sale, or utter, cause, &c. any such Book or Writing, he, his Abettors and Counsellers, shall for the first Offence be a whole Year Imprisoned, and forfeit half his Goods; and for the second Offence shall incur the Penalty of a Premunire, EXP. 26 H. 8. c. 13. 1 Ed. 6. c. 12. 1 and 2 P. and M. c. 10,
1 El. c. 5.
[ No. XXIX. ] 14 Elizabeth, c. 1.-It shall be Felony to
take or keep from the Queen any of the Castles, Forts, Holds, &c. or to raise or burn any Castle or Fort having
the Queen's Munition or Ordnance therein, or guarded No. XXIX. with Soldiers, and advisedly to express the same by Words, 14 Eliz. Act or Writings. It shall be High Treason to withhold
c. 1. from the Queen any of the Castles, Holds, &c. or any of her Ships, Artillery or Fortification of War; or to burn and destroy any of her Ships, or to bar any Haven ; during the Queen's Life. EXP.
[ No. XXX. ] 14 Elizabeth, c. 2.-The Penalty for con- Treason.
spiring, devising or going about to enlarge any Prisoner committed to Prison or Custody by the Queen's special Commandment, for any Treason or Suspicion of Treason concerning her own Person, and the same Conspiracy, Device, &c. by express Words, Writing or other Matter, manifestly to declare or set forth, before the Prisoner shall be indicted, shall be deemed Misprision of Treason, after Indictment Felony, after Attainder High Treason. EXP.
[ No. XXXI.] 23 Elizabeth, c. 2.—If any Person shall News.
advisedly and with a malicious Intent, of his own Imagination, speak any false and slanderous News or Tales against the Queen that now is, then he shall have both his Ears cut off, except he pay two hundred Pounds to the Queen's, Use in the Exchequer within two Months after Judgment: And if he speak such slanderous News of the Report of any other, he shall have one of his Ears cut off, except he pay two hundred Marks, &c. And if any
Person once convict shall offend again, it shall be adjudged Felony. And if any Person shall devise, write, print or set forth any Book, Rhime, Ballad, Letter or Writing, containing any false, seditious and slanderous Matter, to the Defamation of the Queen, or to the stirring or moving of any Rebellion; or shall cause any such Book, Rhime, Writing, &c. to be written, printed or published; or shall by setting of any Figure, casting of Nativity, or by Calculation, Prophesying, Witchcraft, Conjuration, &c. seek to know, and shall set forth by express Words, Deeds or Writings, how long the Queen shall live, or who shall reign as King or Queen after her Decease; or shall utter any Prophecies to any such Intent; or shall wish or desire the Death or Deprivation of the Queen, or any thing to the same Effect: Then every such Offence shall be adjudged Felony. EXP. 1 and 2 P. and M. c. 9. 1 Eliz.
[ No. XXXII.] 27 Elizabeth, c. 1.- Four and Twenty
Persons at the least, whereof Part of the Queen's Privy
shall make any open Invasion or Rebellion within this Realm, or attempt Hurt to the Queen's Person, by or for any pretended Title to the Crown; who after Judgment given and published by Proclamation, shall be disabled to have or pretend Title to the Crown ; And thereupon every Person shall be pursued to Death by all the Queen's Subjecis, by whom or whose Means, Assent, or Privity, any such Rebellion shall be denounced to be made, or other thing attempted, compassed, or imagined against the Queen's Person. If any Act shall be executed, whereby the Queen's Life shall be shortened, the Offenders shall be prosecuted to Death, and disabled to pretend Title to the Crown: The Meaning of the Association was to the Effect aforesaid. EXP.
[ No. XXXIII. ] 29 Elizabeth, c. 2.-An Act concerning
Errors in Records of Attainders of High Treason. No. XXXIII. FORASMUCH as through Corruption or negligent Keeping, the Re29 Eliz.
cords of Attainders of Treason happen many times to be impaired, blemished, or otherwise to be defective, Be it ordained and enacted, by the Authority of this present Parliament, That no Record of Attainder that
now is of any person or persons of or for any High Treason, where the No Record of Party so attainted is or hath been executed for the same Treason, shall by Attainder of
the Heir or Heirs of any such person, or by any other whatsoever claiming Treason shall
in, from, by or under any such Heir or Heirs, be in any wise hereafter rebe reversed
versed, undone, avoided or impeached by any Plea, or for any Error where the Party attaint- whatsoever. ed is executed II. Provided always nevertheless, That this Act, nor any thing therein for the same. contained, shall in any wise extend to any Record of Attainder, of or for any Where the Re- Treason, upon which any Writ of Error is now depending, or which Record cord is revers
is already reversed, repealed or undone, by or for any Error, Matter, Plea ed, or there- or Cause whatsoever; but that the same shall be and remain as unto, and upon a Writ of against that Party at whose Suit the same Writ of Error is depending, or Error depend- at whose Pursuit the same Record hath been reversed, repealed or ing,
undone, and his and her Heirs and Assigns only, as if this Act had never been had or made; any thing in this Act to the contrary thereof notwith standing
[ No. XXXIV.] 13 Charles II. stat. 1. c. 1.-An Act for
Safety and Preservation of his Majesty's Person and Government against Treasonable and Seditious Practices and Attempts.
No. XXXV. 13 Cha. II. st. 1. c. 5.
[ No. XXXV. ] 13 Charles II. stat. 1. c. 5.-- An Act
against Tumults and Disorders, upon pretence of prepar-
and other disorderly soliciting and procuring of Hands by private
* In the case of the King v. Lord George Gordon, it was contended that this Act was virtually repealed by the Bill of Rights, (1 W. & M. sess. 2. c. 2. sect. 1. art. 5.); but it was the clear opinion of the whole
Court that the Bill of Rights did not mean to meddle with it at all; that neither that, nor any other Act, had repealed it; and that it was in Full Force. Doug. 571.
persons to Petitions, Complaints, Remonstrances and Declarations, and No. XXXV. • other Addresses to the King, or to both or either Houses of Parliament, 13 Cha. II. <for Alteration of Matters established by Law, Redress of pretended st. 1. c. 5. « Grievances in Church or State, or other publick concernments, have
been made use of to serve the ends of factious and seditious persons s gotten into Power, to the violation of the publick Peace, and have been
a great means of the late unhappy Wars, Confusions and Calamities in this Nation ;' for preventing the like Mischiefs for the future,
II. Be it enacted by the King's most Excellent Majesty, by and with the No Person Consent of the Lords and Commons assembled in Parliament, and by the shall solicit or Authority of the same, That no person or persons whatsoever shall
, from procure any and after the first of August, one thousand six hundred sixty and one, Petition, &c. solicite, labour or procure the getting of Hands, or other Consent, of any for altering persons above the number of Twenty or more, to any Petition, Complaint, any establishRemonstrance, Declaration, or other Address to the King, or both or
ed Law in either Houses of Parliament, for alteration of Matters established by Law Church or in Church or State, unless the matter thereof have been first consented
State. unto and ordered by three or more Justices of that County, or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise, at their public Assizes, or General Quarter Sessions, or if arising in London, by the Lord Mayor, Aldermen, and Commons in Common Council assembled ; and that no person or persons whatsoever shall repair to his Majesty, or both or either of the Houses of Parliament, upon pretence of presenting or delivering any Petie tion, Complaint, Remonstrance or Declaration, or other Addresses, accompanied with excessive number of People, nor at any one time with above the number of Ten persons; upon pain of incurring a Penalty not exceeding the sum of One Hundred Pounds in money, and three Months Imprisonment, without Bail or Mainprize for every Offence; which Offence to be prosecuted at the Court of King's Bench, or at the Assizes or General Quarter Sessions, within six Months after the Offence committed, and proved by two or more credible Witnesses.
III. Provided always, That this Act, or any thing therein contained, Proviso, shall not be construed extend to debar or hinder any person or persons, not exceeding the number of Twenty aforesaid, to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election, and during the Continuance of the Parliament, or to the King's Majesty for any Remedy to be thereupon had; nor to extend to any Address whatsoever to his Majesty, by all or any of the Members of both or either Houses of Parliament, during the sitting of Parliament, but that they may enjoy their Freedom of Access to his Majesty, as heretofore hath been used.
[ No. XXXVI. ] 7 and 8 William III. c. 3.–An Act for
regulating of Trials in Cases of Treason and Misprision
of Treason. WHEREAS nothing is more just and reasonable, than that persons No. XXXVI.
prosecuted for High Treason and Misprision of Treason, whereby 7 & 8 W. III. 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 From 15
March 1696, order thereunto, and for the better Regulation of Trials of persons prosecuted for High Treason and Misprision of such Treason; be it enacted, by dicted for
persons inthe King's most Excellent Majesty, by and with the Advice and Consent of
High Treason the Lords Spiritual and Temporal, and the Commons, in this present
to have a copy liament assembled, and by the Authority of the same, That from and after of the Indictthe five and twentieth day of March, in the year of our Lord one thousand ment five days six hundred ninety-six, all and every person and persons whatsoever, that before Trial, shall be accused and indicted for High Treason, whereby any Corruption paying for the of Blood may or shall be made to any such Offender or Offenders, or to same, &c. any the Heir or Heirs of any such Offender or Offenders, or for Misprision