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No. XXXVI. of such Treason, shall have a true copy of the whole Indictment,(1) but 7 & 8 W.III, not the names of the Witnesses, delivered unto them, or any of them, five c. 3.
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 Attornies, 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;(2) 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 Court autho- their just defence in that behalf; and in case any Person or Persons so rized to assign accused or indicted shall desire Counsel, the Court before whom such Counsel. Person or Persons shall be tried, or some Judge of that Court, shall and is
hereby authorized and required immediately, upon his or their request, to assign (3) to such Person and Persons such and so many Counsel, not exceeding two (4), 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: No Person to
II. And be it further enacted, That from and after the said five and be tried for twentieth day of March, in the year of our Lord one thousand six hunHigh Treason dred ninety-six, no Person or Persons whatsoever shall be indicted, tried, but on the or attainted of High Treason, whereby any corruption of blood may or Oath of two shall be made to any such Offender or Offenders, or to any the heir or heirs Witnesses.
of any such Offender or Offenders or of Misprision of such Treason, but by and upon the oaths and testimony of two lawful witnesses (5), either both of them to the same overt act, or one of them to one, and the other 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 (6), 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 not
withstanding. Persons in- III. Provided always, That any Person or Persons, being indicted as dicted may be aforesaid, for any of the Treasons or Misprisions of the Treasons aforesaid, outlawed, but may be outlawed, and thereby attainted of or for any of the said offences have benefit of of Treason, or Misprision of Treason; and in cases of the High Treasons this Act.
aforesaid, where by the Law, after such outlawry, the Party outlawed may
come in and be tried, he shall, upon such trial, have the benefit of this Act. Witnesses. IV. And be it further enacted and declared by the authority aforesaid,
(1) This includes the Caption; i East. can arise from an arrangement for the succh. 2. § 50.
cessive examination of witnesses by several (2) These privileges do not extend to col- different Counsel; whereas, on the other lateral issues ; 1 East. ch. 2. § 48.
hand, the confining this part of the duty to (3) As to the mode of proceeding for the two individuals, may, in some cases, as in the purpose of assigning Counsel, see 1 East. ch. trials in 1794, be attended with such fatigue, 2. $ 51.
as to occasion no inconsiderable personal de(4) Upon a joint indictment against several, triment. For the argument of mere queseach is entitled to two Counsel, 1 East. ch. tions of law, I conceive that the Prisoner is 2. § 48. I believe it is not usual to allow the entitled to the assistance of Counsel, de jure, Prisoner to have the assistance of more than and that there is nothing in the Statute to two Counsel in examining witnesses, or ar- abridge such right. guing questions of law :-but Q. if this view (5) Two witnesses are not necessary with of the subject is correct. It is now the es- respect to a collateral fact, such as the party tablished course to allow the assistance of an being a natural born subject; 1 East. ch. 2. indefinite number of Counsel for these pur- $ 65. poses in cases of Felony, and the present (6) The proof by two witnesses of an extraStatute was intended for the benefit of the judicial confession, appears to be sufficient to accused. The allowing addresses to the Jury satisfy the Act; subject to all observations as by an unlimited number of Counsel, might be to the effect of such evidence; see 1 East. P. attended with inconvenience ; but none such C. ch. 2. § 66.
That if two or more distinct Treasons of divers heads or kinds shall be No. XXXVI. alleged in one Bill of Indictment, one witness produced to prove one of 7 & 8 W. III. the said Treasons, and another witness produced to prove another of the said Treasons, shall not be deemed or taken to be two witnesses (1) to the same Treason, within the meaning of this Act.
V. And, to the intent that the terror and dread of such criminal accu- No Person to sations
may in some reasonable time be removed, be it further enacted by be indicted for the authority aforesaid, That from and after the said five and twentieth Treason, unday of March, in the year of our Lord one thousand six hundred ninety- less within six, no Person or Persons whatsoever shall be indicted, tried, or prosecuted,
three years for any such Treason as aforesaid, or for Misprision of such Treason, that after offence. 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 ninetysix, unless the same indictment be found by a Grand Jury within three years next after the Treason or offence done or committed.
VI. And, That no Person or Persons shall be prosecuted for any such No Prosecu. Treason, or Misprision of such Treason, committed or done, or to be tion, unless incommitted or done, within the Kingdom of England, Dominion of Wales, dicted within or Town of Berwick upon Tweed, before the said five and twentieth day of three years. 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 de- Exception. signing, 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 that all and every Person and Persons who shall be accused, Persons tried indicted, and tried for such Treason as aforesaid, or for Misprision of such to have Copies Treason, after the said five and twentieth day of March, in the year of of the Panel our Lord one thousand six hundred ninety-six, shall have copies of the two-days bepanel of the Jurors (2) who are to try them duly returned (3) by the fore trial. 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 Process of the Treason as aforesaid, shall have the like process of the Court where they Court to comshall be tried, to compel their witnesses to appear for them at any such pel witnesses trial or trials as is usually granted to compel witnesses to appear against to appear. them,
VIII. And be it further enacted, That no evidence shall be admitted or Evidence. given of any overt act that is not expressly laid in the indictment against any
Person or Persons whatsoever. IX. Provided also, and be it enacted by the authority aforesaid, That no No Indictment indictment for any of the offences aforesaid, nor any process or return to be quashed thereupon, shall be quashed on the motion of the Prisoner or his Counsel, for mis-writfor mis-writing, mis-spelling, false or improper Latin, unless exception ing &c. unless concerning the same be taken and made in the respective Court where exception be such trial shall be, by the Prisoner or his Counsel assigned, before
made before any
evidence evidence (4) given in open Court upon such indictment; nor shall any
given, such mis-writing, mis-spelling, false or improper Latin, after conviction on such indictment, be any cause to stay or arrest judgment thereupon : But nevertheless any judgment given upon such indictment, shall and may be liable to be reversed upon a Writ of Error, in the same manner, and no other, than as if this Act had not been made.
• X. And whereas by the good Laws of this kingdom in cases of trials Jury of twelve of Commoners for their lives, a Jury of twelve Freeholders must all agree Freeholders.
(1) One witness to one overt act' of the as in Grafton-street, without further descripsame Treason in the county where the trial is tion, overruled ; 1 East. ch. 2. $ 50. had, and another to a different overt act of (3) The copy may be delivered before the the same Treason in a different county, are return of the precept; 1 East. ch. 2. $ 50. sufficient; 1 East. ch. 2.5 65.
(4) The objection must be taken before (2) A mistake in the spelling a name, both plea, without prejudice to moving in arrest of names having the same sound, does not judgment; 1 East. ch. 2. $ 46. vitiate. An objection to stating the residence,
No. XXXVI. in one opinion before they can bring a verdict, either for acquittal or con7 & 8 W. III.
demnation of the Prisoner: c. 3.
• XI. 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 Peers to be
authority aforesaid, That upon the trial of any Peer or Peeress, either for summoned Treason or Misprision, all the Peers who have a right to sit and vote in twenty days Parliament shall be duly summoned, twenty days at least before every such before trial;
trial, to appear at every such trial; and that every Peer so summoned and and shall take appearing at such trial, shall vote in the trial of such Peer or Peeress so the Oaths, &c. 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, intituled, An Act for abrogating the Oaths of Supremacy and Alle1 W. and M. giance, and appointing other Oaths; and also every such Peer subscribing
and audibly repeating the Declaration mentioned in An Act for the more 30 Car. 2. st.
effectual preserving the King's Person and Government, by disabling Pupists from sitting in either House of Parliament, and made in the thirtieth year of
the reign of the late King Charles the Second. Not to extend XII. Provided always, that neither this Act, nor any thing therein conto Parliament- tained, shall any ways extend to, or be construed to extend to any imary impeach- peachment or other proceedings in Parliament, in any kind whatsoever.
XIII. Provided also, That this Act, nor any thing therein contained, 20 Gen. 2. c. shall any ways extend to any indictment of High Treason, nor to any pro30.nor to coun- ceedings thereupon, for counterfeiting his Majesty's Coin, his Great Seal, terfeiting the
or Privy Seal, his Sign Manual, or Privy Signet. [The benefit hereof is Coin, &c.
extended by 2 and 3 Anna, cap. 20, sect. 43. to Treason within that Act,]
sess 1. c. 8.
2. c. 1.
[ No. XXXVII. ] 1 Anne, st. 2. c. 17.–An Act for en
larging the time for taking the Oath of Abjuration; and also for recapacitating and indemnifying such Persons as have not taken the same by the time limited, and shall take the same by a time to be appointed ; and for the further Security of her Majesty's Person, and the Succession of the Crown in the Protestant Line; and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret
Abettors, No. XXXVII. III. AND for the further security of her Majesty's Person, and the suc1 Anne,
cession of the Crown in the Protestant line, ånd for extinguishing st. 2. c. 17.
the hopes of the pretended Prince of Wales, and all other pretenders, and
their open and secret abettors; Be it further enacted by the authority Any Person aforesaid, That if any Person or Persons, at any time after the first day of endeavouring March, one thousand seven hundred and two, shall endeavour to deprive to hinder the
Person who shall be the next in succession to the Crown for nextSuccessor the time being) according to the limitations of an Act, intituled, An Act to the Crown declaring the Rights and Liberties of the Subject, and settling the Succession from succeed- of the Crown ;' and according to one other Act, intituled, An Act for the ing, according further Limitation of the Crown, and better securing the Rights and Liberties to the Act 1
of the Subject, from succeeding after the decease of her Majesty (whom W. and M.
God long preserve) to the imperial Crown of this realm, and the domi12 and 13 W. nions and territories thereunto belonging, according to the limitations in 3. c. 2.
the before mentioned Acts; that is to say, such issue of her Majesty's body, as shall from time to time be next in succession to the Crown, if it shall please God Almighty to bless her Majesty with issue; and during the time her Majesty shall have no issue, the Princess Sophia, Electress and Duchess Dowager of Hanover; and after the decease of the said Princess Sophia, the next in succession to the Crown for the time being, according
to the limitation of the said Acts; and the same maliciously, advisedly shall be deem- and directly shall attempt by an overt-act or deed; every such offence shall ed guilty of be adjudged High Treason, and the Offender or Offenders therein, their High Treasoŋ, abettors, procurers, and comforters, knowing the said offence to be done,
sess. 2. c. 2.
being thereof convicted or attainted, according to the Laws and Statutes of this realm, shall be deemed and adjudged Traitors, and shall suffer pains and suffer of death, and all losses and forfeitures, as in cases of High Treason. Death, &c.
[ No. XXXVIII. ] 2 and 3 Anne, c. 20.– An Act for
P. punishing Mutiny, Desertion, and false Musters, and for better paying of the Army and Quarters, and for satisfying divers Arrears, and for a further continuance of the Powers of the five Commissioners for examining and deter
mining the Accounts of the Army. • XXXIV. AND forasmuch as there is not any effectual provision made
No. for the Government of her Majesty's Land Forces out of XXXVIII. the realms of England
and Ireland ;' Be it further enacted and declared, 2 & 3 Anne, That if any Officer or Soldier in her Majesty's Army shall, either upon land out of England, or upon the sea, hold correspondence with any rebel or enemy of her Majesty, or give them advice or intelligence, either by Officer or Solletters, messages, signs or tokens, or any mancer of way whatsoever, or
dier corresshall treat with such rebels or enemies, or enter into any condition with
ponding with them, without her Majesty's licence, or licence of the General, Lieute- the Queen's nant General, or chief Commander, then every such Person so offending, enemies beshall be deemed and adjudged to be guilty of High Treason, and suffer such yond Sea pains and penalties as in case of High Treason.
guilty of High XXXV. And be it further enacted by the authority aforesaid, That if Treason. any Officer or Soldier of her Majesty's Army, either upon land out of Officer or SolEngland, or upon the sea, shall raise or cause to be raised, any mutiny or dier beyond sedition in the army, or shall refuse to obey his superior Officer, or shall Sea raising resist any Officer in the execution of his office, or shall strike, draw, or any mutiny, offer to draw, or lift up any weapon against his superior Officer, upon any or resisting his pretence whatsoever; all and every Person and Persons so offending, in Officer, &c.
any of the matters before-mentioned, shall be adjudged and taken to be guilty guilty of Feof Felony, and shall suffer as in cases of Felony; and every of their said lony. offences shall be deemed to be Felony, and shall suffer as in case of Felony; and the Offenders being thereof convicted, or being indicted or arraigned thereof, and standing mute, or challenging peremptorily above the number of twenty returned to be of the Jury, shall suffer death as in case of Felony.
XXXVI. And be it further enacted by the authority aforesaid, That all All Treasons and every the Treasons and Felonies before-mentioned, that shall be com- and Felonies mitted, perpetrated, or done, may be inquired of, heard, and determined in may be tried her Majesty's Court, commonly called the Queen's Bench, by good and law- in the Queen's ful men of the same county where the said Court shall sit and be kept, or Bench at Westbefore such Commissioners, and in such county of this realm, as shall be as
minster, &c. signed by the Queen's Majesty, and by good and lawful men of the same county, in like manner and form, to all intents and purposes, as if the said Treason and Felonies had been committed, perpetrated, and done within the same county.
XXXVII. Provided always, That this Act, or any thing therein con- This Act not tained, shall not extend to abridge her Majesty's power of forming, making, to abridge the and establishing articles of war, and erecting and constituting courts- Queen's power martial, and inflicting penalties by sentence or judgment of the same, in of making Arsuch manner as might have been done by her Majesty's authority beyond ticles of War, the seas, in the time of war, before the making of this Act.
XXXVIII. And be it further enacted by the authority aforesaid, That Court-martial her Majesty may, from time to time, grant a commission to such General, may try Of: Lieutenant-General, or other Officers, as aforesaid, for the holding a fences comcourt-martial within this realm, in which all Officers and Soldiers, who mitted out of shall at any time hereafter, during the continuance of this Act, commit the realm, not any crime or offence out of this realm, against the rules, articles, or laws of before tried. war, and shall not be tried for the same by a court-martial, before their
No. return into this realm, shall and may be tried and proceeded against, and XXXVIII. punished, according to the rules and articles of war afore-mentioned. 2 & 3 Anne, her Majesty's service, in any parts beyond the seas, and shall escape or
XXXIX. Provided always, That if any Officer or Soldier shall desert c. 20.
come into this Realm or Ireland, before he be tried by a court-martial for
such offence, then and as often as any such case shall happen, if it shall How Officers
also happen that the regiment, troop, or company, to which such Officer or Soldiers de
or Soldier shall belong, shall continue in her Majesty's service beyond the serting the Queen's Ser.
seas, it shall and may be lawful, upon oath thereof made to any one of vice beyond
her Majesty's Justices of the Peace, where such Offender shall be taken, Sea, shall be
for such Justices of the Peace to cause such Offender to be sent to the tried.
General Court-martial in England or Ireland, who are hereby enabled, if they think fit, for example's sake, to send such Offenders to the respective regiment, troop, or company, beyond the seas, to which the Offender shall belong, there to be proceeded against according to the directions of
this Act. Persons ac- XL. Provided also, That if any Person or Persons shall, in a courtquitted by a Court-martial
martial constituted as aforesaid, be tried and acquitted, or convicted of
any of the crimes or offences herein before-mentioned, such acquittal or not to be pro- conviction shall be a full bar to any indictments or proceedings for the secuted again.
same offence. No Attainder
XLI. Provided always, That no attainder for any crime or offence made to corrupt
Felony by this Act, shall extend or be adjudged to make any corruption of blood of heir, blood to any heir of such Offender, or to debar the Wife of such Offen
der of her title of dower. How a Peer of
XLII. Provided also, That if any Peer of this realm shall commit any England shall of the offences aforesaid, in any parts beyond the seas, and shall not have be tried for
been there tried for the same by martial law, and after his return into this any offence by realm shall be indicted of any offence hereby declared or enacted to be this Act.
Treason or Felony, that then, and after such indictment, he shall have his
trial by his Peers, in such like manner and form as hath been accustomed. Persons in- XLIII. And be it declared and enacted by the authority aforesaid, That dicted of Trea- all and every Person and Persons, who shall hereafter be accused, indicted, son, &c. to
or prosecuted, for any thing made or leclared eason by this Act, shall have the bene- be entitled to the benefit of the Act of Parliament made in the seventh fit of the Act 7 W. 3. c. 3.
year of the reign of his late Majesty King William the Third, intituled, An Act for regulating Trials in Cases of Treason and Misprision of Treason.
[ No. XXXIX. ] 6 Anne, c. 7.-An Act for the security
of her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant
Line: No. XXXIX. WHEREAS by the happy union of England and Scotland, it is become 6 Anne, c. 7. necessary to make divers alterations in relation to an Act passed in
“the Parliament of England, in the fourth year of the reign of her pre4 Anne, c. 8.
sent Majesty, whom God long preserve, intituled, An Act for the better 'security of her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line, and to extend the provisions of the said Act throughout the whole United Kingdom, for the
'better security of our most gracious Sovereign's person and government, Persons who ' and of the succession to the Crown of Great Britain in the Protestant shall declare, line, as it is now by the Laws and Statutes of this realm settled, limited, &c. the Queen and appointed;' Be it therefore enacted by the Queen's most excellent not to be law. Majesty, by and with the advice and consent of the Lords Spiritual and ful Queen, or Temporal, and the Commons, in this present Parliament assembled, and that the pre. by the authority of the same, That if any Person or Persons shall malicitended Prince
ously, advisedly, and directly, by writing or printing, maintain and affirm, of Wales hath that our Sovereign Lady the Queen that now is, is not the lawful and the Crown. rightful Queen of these realms, or that the pretended Prince of Wales,