Treason Act 1695
| Year | 1695 |
(7 & 8 Will. 3) C A P. III.
'WHEREAS nothing is more just and reasonable, than that Person prosecuted for High Treason and Misprision of Treason, whereby 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 order thereunto, and for the better Regulation of Trials of Persons prosecuted for High Treason and Misprision of such Treason; be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliamentassembled, and by the Authority of the same, That from and after the five and twentieth Day ofMarch in the Year of our Lord one thousand six hundred ninety-six, 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 Offender or Offenders, or to any the Heir or Heirs of any such Offender or Offenders, or for Misprision of such Treason, shall have a true Copy of the whole Indictment, but not the Names of the Witnesses, delivered unto them, or any of them, five 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 Attorneys, Agent or Agents, or any of them, requiring the same, and paying the Officer his reasonable Fees for writing thereof, not exceeding five Shillingsfor 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 Person or Persons so accused or indicted shall desire Counsel, the Court before whom such 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 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.
II No Person to be tried for High Treason, but on the Oath of 2 Witnesses.
II. And be it further enacted, That from and after the said five and twentieth Day ofMarch in the Year of our Lord one thousand six hundred ninety-six, no Person or Persons whatsoever shall be indicted, tried, or attainted, of High Treason, whereby any Corruption of Blood may or shall be made to any such Offender or Offenders, or to any the Heir or Heirs of any such Offender or Offenders, 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 thirty-five of the Jury; any Law, Statute, or Usage, to the contrary notwithstanding.
III Persons indicted may be outlawed. But have Benefit of this Act.
III. Provided always, That any Person or Persons, being...
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