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 inquired of, heard, and determined, as is aforesaid. Trial. II. Provided always, that if any the peers of this realm Trial of shall happen to be indicted of any such treasons, or other peers. 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 heretofore been accustomed. XXII. Provided always, and be it enacted, &c., that No indictno person or persons, after the first day of February next ment or arraignment coming, shall be indicted, arraigned, condemned, or con- without two victed for any offence of treason, (petit treason), mispri- witnesses or sion of treason, or for any words before specified to be confession. spoken after the said first day of February, for which the same offender, speaker, offenders, or speakers, shall in in any wise suffer any pains of death, imprisonment, loss, or forfeiture of his goods, chattels, lands, or tenements, unless the same offender, speaker, offenders, or speakers, be accused by two sufficient and lawful witnesses, or shall willingly without violence confess the same. 5 & 6 Ed. 6, c. 11. tainted of two lawful XII. Provided always, and be it enacted, &c., that no No person person or persons, after the first day of June next coming, shall be atshall be indicted, arraigned, condemned, convicted, or treason but attainted for any of the treasons or offences aforesaid, or upon the tesfor any other treasons that now be, or hereafter shall be, timony of which shall hereafter be perpetrated, committed, or done, accusers. unless the same offender or offenders be thereof accused by two lawful accusers; which said accusers, at the time of the arraignment of the party accused, if they be then living, shall be brought in person before the party so accused, and avow and maintain, that that they have to say against the said party, to prove him guilty of the treasons or offences Trial. contained in the bill of indictment laid against the party arraigned; unless the said party arraigned shall willingly, Witnesses. without violence, confess the same. Note.-It was formerly supposed that these statutes, which extend to all treasons, were repealed by 1 & 2 P. & M. c. 10. But it has long been settled, that the true object and operation of this last act was not to repeal the above statutes of Ed. 6, 1 E. P. C. 128. However, the 1 & 2 P. & M. c. 11, excepts cases of coining from the operation of these statutes. The confession mentioned in these statutes refers only to a confession in court; but a confession out of court is admissible in evidence against the prisoner, if supported by the testimony of two witnesses: Francia's case, 1 E. P. C. 133. 1 & 2 P. & M. c. 10. VII. Be it enacted, &c., 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 politic 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 as 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. Persons in five days before trial, &c. 7 & 8 Will. 3, c. 3. Whereas nothing is more just and reasonable, than that dicted for persons prosecuted for high treason and misprision of high treason shall have a treason, whereby the liberties, lives, honour, estates, blood, copy of the and posterity of the subjects, may be lost and destroyed, indictment 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 innocences 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, &c., that from and after the 25th day of March, in the year of our lord 1696, and 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 Trial. offender or offenders, or to any the heir or heirs of any such offender or offenders, or for misprision of such treason, Copy of shall have a true copy of the whole indictment, but not the Indictment. names of the witnesses,* delivered unto them, or any of them, five days at the least before he or they shall be tried But see for the same, whereby to enable them, and any of them? Anne. c. respectively, to advise with counsel thereupon, to plead 21, s. 244. 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 per- Court authoson or persons, so accused or indicted, shall desire counsel, rized to as the court before whom such person or persons shall be sign countried, or some judge of that court shall, and is hereby authorized and required immediately, upon his or their request, to assign to such person and persons such and so many counsel, not exceeding 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, sel. on the II. And be it further enacted, that from and after the No person` said 25th day of March in the year of our Lord 1696, no to be tried person or persons whatsoever shall be indicted, tried, or for high treason but attainted of high treason, whereby any corruption of blood may or shall be made to any such offender or offenders, or oath of two to any the heir or heirs of any such offender or offenders, witnesses. 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 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, or shall stand mute, or refuse to plead, or in cases of high treason, shall peremptorily challenge above the number of 35 of the jury; any law, statute, or usage to the contrary notwithstanding. be outlaw III. Provided always, that any person or persons, being Persons inindicted as aforesaid, for any of the treasons or misprisions dicted may] of the treasons aforesaid, may be outlawed, and thereby ed, but have attainted of or for any of the said offences of treason, or benefit of misprision of treason; and in cases of the high treasons this act. aforesaid, where by the law, after such outlawry, the party M Trial. Witnesses. outlawed may come in and be tried, he shall, upon such trial, have the benefit of this act. e S IV. And be it further enacted and declared by th Witnesses. authority aforesaid, that if two or more distinct treason 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. No person ed for trea V. And to the intent, that the terror and dread of such to be indict- criminal accusations may in some reasonable time be son, unless removed, be it further enacted by the authority aforesaid, within three that from and after the said 25th day of March, in the years after year of our Lord 1696, no person or persons whatsoever offence. indicted within three years. 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 25th day of March, in the year of our Lord 1696, unless the same indictment be found by a grand jury within three years next after the treason or offence done or committed. No prosecuVI. And, that no person or persons shall be prosecuted tion, unless for any such treason, or misprision of such treason, committed or done, or to be committed or done, within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, before the said 25th day of March, unless he or they shall be indicted thereof within three years after the said 25th day of March; always provided Exception. 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. Persous tried, to have copies of the panel two days before trial. VII. And that 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 25th day of March, in the year of our Lord 1696, 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 the court to that all persons so accused and indicted for any such treacompel wit- son as aforesaid, shall have the like process of the court nesses to ap- 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. Process of pear. Evidence. 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 what- Triel. soever. mis-writing, fore evi IX. Provided also, and be it enacted by the authority aforesaid, that no indictment for any of the offences afore- No indictsaid, nor any process or return thereupon, shall be quashed ment to be on the motion of the prisoner or his counsel, for mis-writing, quashed for mis-spelling, false or improper latin, unless exception con- &c. unless cerning the same be taken and made in the respective exception court where such trial shall be, by the prisoner or his be made be counsel assigned, before any evidence given in open court upon such indictment; nor shall any such miss-writing, misspelling, 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. Note. Though this statute and that of the 7 Anne mention only a copy of the whole indictment, yet that will include the caption; but after pleading, it is too late to object either to the want of a copy, or to any insufficiency in it, for that admits it to be sufficient: 1 E. P. C. 113. As to the number of counsel usually allowed to prisoners for high treason, see 5 Ev. Stat. 90, note 4. After proof of some overt act, charged within the county in which the indictment is laid, evidence may be given of other acts of treason tending to prove the overt acts laid, though done in another county. And one witness to one overt act of the same treason, in the county where the trial is had, and another to a different overt act of the same dence given. treason, in a different county, are sufficient; 1 E. P.C. 130. This statute has not made any new restriction with respect to confessions, beyond what was before implied in the statutes of Ed. 6, id. 134. Where the panel of the jurors is incorrect, a motion may be made on the part of the crown, in the court of gaol delivery, for leave to the sheriff to amend the panel: id. 113. A mistake in the spelling a name, both names having the same sound, does not vitiate the panel: id. 104. The exceptions mentioned in the ninth section must be taken before plea pleaded, without prejudice to moving in arrest of judgment: id. 110. This statute does not extend to cases of compassing, &c. the death of the king. See p. 246. 7 Anne, c. 21. Treasons men upon V. Be it enacted, &c., that all treasons, and misprisions committed of treasons, which, from and after the said first day of July, by Scotchshall be done or committed by any native of Scotland upon the high the high sea, or in any place out of this realm of Great sea, or out Britain, shall be inquired of, heard, and determined before of Great the said justice court, (see section 3) or before such com- Britain, missioners of oyer and terminer, and in such shire, stewartry, termined by or county of Great Britain, as shall be assigned by the the justice queen's commission, and by good and lawful men of the court, or besame shire, in like manner to all intents and purposes as M 2 shall be de fore commissioners, &c. |