Trial. if such treasons or misprisions of treasons had been done or committed in the same shire where they shall be inWitnesses. quired of, heard, and determined, as aforesaid.

Witnesses

son.

XI. And be it enacted, &c., that from and after the decease of the person who pretendeth to be prince of Wales during the life of the late King James, and since pretende to be king of Great Britain, and at the end of the term of three years after the immediate succession to the crown, upon the demise of her present majesty, shall take effect, as the same is and stands limited by an act made in the first year of the reign of their late majesties King William and Queen Mary, intituled "An Act for Declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown;" and by one other act made in the twelfth year of the reign of his late majesty King William the Third, intituled "An Act for the further Limitation of the Crown, and better securing the Rights und Liberties of the Subject," in high trea- when any person is indicted for 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, 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; any law or statute to the contrary notwithstanding. Note. The italic words in brackets, in the eleventh section, are repealed by the 6 Geo. 4, c. 50. The ten days must be after the bill found, and before the arraignment. They are exclusive of the day of delivery and arraignment, and, as it seems, exclusive of Sunday: E. P. C. 112. A witness cannot be examined, who is described in the list as A. B., lately residing at, &c., if it appear, at the trial, that the

delivered to

parties indicted for high trea

1

place named was not the latest place of his residence, and that no endeavour has been made to find him out, after he ceased to reside there: Watson's case, 32, How. St. Tri. 73. This act does not extend to indictments for coining, &c. See 6 Geo. 3, c. 53, p. ante, tit. "Coining," and see the next act. See also 30 Gen. 3, c. 48, p. 246, as to com→ passing the death of the king.

6 Geo. 4, c. 50.

Copy of the XXI. Be it enacted, that when any person is indicted panel to be for high treason or misprision of treason in any court, other than the Court of King's Bench, a list of the petit jury, mentioning the names, profession, and place of abode of the jurors, shall be given at the same time that the copy of the indictment is delivered to the party indicted, which shall be ten days before the arraignment, and in the presence of two or more credible witnesses; and when any person is indicted for high treason or misprision of treason in the

son.

Trial.

Court of King's Bench, a copy of the indictments shall be delivered within the time and in the manner aforesaid; but the list of the petit jury, made out as aforesaid, may be delivered to the party indicted, at any time after the Exceptions. arraignment, so as the same be delivered ten days before the day of trial: provided always, that nothing herein contained shall anyways extend to any indictment for high treason in compassing and imagining the death of the king, or for misprision of such treason, where the overt act or overt acts of such treason alleged in the indictment shall be assassination or killing of the king, or any direct attempt against his life, or any direct attempt against his person, whereby his life may be endangered, or his person may suffer bodily harm; or to any indictment of high treason for counterfeiting his majesty's coin, the great seal or privy seal, his sign manual or privy signet; or to any indictment of high treason, or to any proceedings thereupon, against any offender 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.

30 Geo. 3, c. 48.

victed of

Whereas, it is expedient that the judgment which has been required by law to be given and awarded against any See yost, woman or women in the cases of high treason, (or petit tit." Petit treason), should be no longer continued: be it enacted, &c., Treason." that from and after the fifth day of June, 1790, the judg- From June ment to be given and awarded against any woman or wo- 5th, 1790, men convicted of the crime of high treason, or of the crime women conof petit treason, or of abetting, procuring, or counselling high treaany petit treason, shall not be that such woman or women son, &c. to shall be severally drawn to the place of execution, and be hanged. be there burned to death, but that such woman or women, being so convicted as aforesaid, shall be severally drawn to the place of execution, and be there hanged by the neck until she or they be severally dead; any law or usage to the contrary thereof in anywise notwithstanding.

son, &c. to

IV. And be it further enacted by the authority aforesaid, Women that whenever any woman or women shall be convicted of convicted of the crime of high treason, or of the crime of petit treason, high trea or of abetting, procuring, or counselling any petit treason, be liable to and judgment shall be given thereon according to the the like fordirections of this act, then, and in every such case, such feitures, &c. woman or women, being so attainted of such crimes respec- fore. tively, shall be subject and liable to such and the like forfeitures, and corruption of blood, as they severally would have been in case they had been severally attainted of the like crimes before the passing of this act.

39 & 40 Geo. 3, c. 93.

Whereas, it is expedient that in cases of high treason in

as hereto

Trial.

compassing or imagining the death of the king, and of misprision of such treason, where the overt act or overt Judgment. acts of such treason alleged in the indictment for such offence shall be the assassination or killing of the king, or any direct attempt against his life, or any direct attempt against his person, whereby his life may be endangered, or his person may suffer bodily harm, the trial for such offence should not be different from trials for murder or wilful and malicious shooting: be it enacted, &c., that in all cases of high treason in compassing or imagining the death of the king, and of misprision of such treason, where the overt act or overt acts of such treason which shall be alleged in the indictment for such offence shall be assassination or killing of the king, or any direct attempt against his life, or any direct attempt against his person, whereby his life may be endangered, or his person may suffer bodily harm, the person or persons charged with such offence shall and may be indicted, arraigned, tried, and attainted in the same manner, and according to the same course and order of trial, in every respect, and upon the like evidence, as if such person or persons stood charged with murder; and none of the provisions contained in the several acts of the 7th year of King William the Third and 7th year of Queen Anne respectively, touching trials in cases of treason and misprision of treason respectively, shall extend to any indictment for high treason in compassing and imagining the death of the king, or for misprision of such treason, where the overt act or overt acts of such treason alleged in the indictment shall be such as aforesaid; but upon conviction on such indictment, judgment shall be nevertheless given, and execution done as in other cases of high treason; any law, statute, or usage to the contrary notwithstanding.

54 Geo. 3, c. 146.

Whereas, in certain cases of high treason, as the law now stands, the sentence or judgment required by law to be pronounced or awarded against persons convicted or adjudged guilty of the said crime in such cases is, that they should be drawn on an hurdle to the place of execution, and there be hanged by the neck, but not until they are dead, but that they should be taken down again, and that when they are yet alive their bowels should be taken out and burnt before their faces, and that afterwards their heads should be severed from their bodies, and their bodies be divided into four quarters, and their heads and quarters to be at the king's disposal: and whereas it is expedient in the said cases of high treason to alter the sentence or judgment now required by law: be it, therefore, enacted, &c., that in all cases of high treason in which, as the law now case of high stands, the sentence or judgment ordained by law is as aforesaid, the sentence or judgment to be pronounced or

Form of sentence in

treason.

awarded from and after the passing of this act against any person convicted or adjudged guilty shall be, that such person shall be drawn on a hurdle to the place of execution, and be there hanged by the neck until such person be dead; and that afterwards the head shall be severed from the body of such person, and the body, divided into four quarters, shall be disposed of as his majesty and his successors shall think fit.

Trial.

Judgment.

such sen

tence.

II. And be it further declared and enacted, that in case His majesty his majesty or his successors shall so think fit, his majesty may alter or his successors, after such sentence or judgment shall be pronounced or awarded, may by warrant under his or their sign manual, countersigned by one of his majesty's principal secretaries of state, declare it to be his or their will and pleasure, and may direct and order that such person as aforesaid shall not be drawn, but shall be taken in such manner as in the said warrant shall be expressed, to the place of execution, and that such person shall not be there hanged by the neck, but that instead thereof, the head shall be there severed from the body of such person whilst alive; and in such warrant may direct and order how and in what manner the body, head, and quarters of such person shall be disposed of; and it shall be lawful for the sheriff or other person or persons to whom such warrant shall be addressed, and whom it shall concern, to carry the same into execution accordingly.

INDICTMENT.

1 Hen. 5, c. 5.

Item, it is ordained and established, that in every original writ of actions personals, appeals, and indictments, and in which the exigent shall be awarded, in the names of the defendants in such writs original, appeals, and indictments, additions shall be made of their estate or degree, or mystery, and of the towns, or hamlets, or places, and counties, of the which they were, or be, or in which they be or were conversant; and if by process upon the said original writs, appeals, or indictments, in the which the said addition be omitted, any utlagaries be pronounced, that they be void, frustrate, and holden for none; and that before the utlagaries pronounced, the said writs and indictments shall be abated by the exception of the party, where in the same the said additions be omitted: provided always, that though the said writs of additions personals be not according to the records and deeds, by the surplusage of the additions aforesaid, that for that cause they be not abated; and that the clerks of the chancery, under whose names such writs shall go forth written, shall not leave out or make omission of the said additions as is aforesaid, upon pain to be punished, and to make a fine to the

king, by the discretion of the chancellor. And this ordinance shall begin to hold place at the suit of the party, from the feast of St. Michael next ensuing forward.

Note. From the words "indictments in which the exigent shall be awarded," it appears that the act extends only to cases where process of outlawry may be had: Cro. Eliz. 148. But it extends to a presentment before the coroner, for outlaw ry lies upon it, and it shall be taken as an indictment: 2 Leon. 200. As to what additions are or are not

All writs, &c. in a county

palatine shall be

sufficient, see Arch. 8, 3 Burn, 49. However, by 7 Geo. 4, c. 64, s. 19, in case of want of addition, or wrong addition, the court may forthwith order the indictment to be amended (meaning, it is presumed, without the assistance of a grand jury); therefore, now, nothing can be gained by pleading a wrong or a false addition.

27 Hen. 8, c. 24.

III. Be it enacted, &c., that all original writs and judicial writs, and all manner of indictments of treason, felony, and trespass, and all manner of process to be made upon the same, in every county palatine, and other liberty made in the within this realm of England, Wales, and marches of the king's name. same, shall, from the said first day of July, be made only in the name of our said sovereign lord the king, and his heirs, kings of England; and that every person or persons, having such county palatine, or any other such liberty to make such originals, judicials, or other process of justice, shall make the teste in the said original writs and judicial, in the name of that same person or persons that have such county palatine or liberty.

IV. And in every writ and indictment that shall be made within any such county palatine or liberty, after the said first day of July next coming, whereby it shall be supposed any thing to be done against the king's peace, shall be made and supposed to be done only against the king's peace, his heirs and successors, and not against the peace of any other person or persons, whatsoever they be; any act of parliament, grant, custom, usage, or allowance in eyre before this time had, granted, or used, to the contrary notwithstanding.

37 Hen. 8, c. 8.

Where before this time it was, and yet is, commonly used in all indictments and inquisitions of treason, murder, felony, trespass, and divers other, to have comprised and put in every the same indictments and inquisitions these words, vi et armis, and in divers of the same indictments to declare the manner of the force and arms; that is to say,-vi et armis, videlicet, baculis, cultellis, arcubus et sagittis, or such other like words in effect, where of in truth the parties so indicted had no manner of such wea