Consequences of Attainer for Treason Act 1541

JurisdictionUK Non-devolved
Citation1541 c. 20
Year1541
Statutes made at Westminster, Anno 33 Hen VIII. and Anno Dom.1541. How Treason committed by a Lunatick shall be punished, and in what Manner he shall be tried.

(33 Hen. 8) C A P. XX.

'Forasmuch as sometime some Persons, being accused of High Treasons, have, after they have been examined before the King's Majesty's Council, confessed their Offences of High Treason, and yet nevertheless after the doing of their Treasons, and Examinations and Confessionsthereof, as is afore said, have fallen to Madness or Lunacy, whereby the condign Punishment of their Treasons, were they never so notable and detestable, hath been deferred, spared and delayed; and whether their Madness or Lunacyby them outwardly shewed were of Truth, or falsly contrived and counterfeited, it is a Thing almost impossible certainly to judge and try:' Be it therefore enacted by Authority of this present Parliament (to avoid all sinister, counterfeit and false Practices and Imaginations that may be used for Excuse of Punishment of High Treasons, in such Cases where they be done or committed by any Person or Persons of good, perfect and whole Memory at the Time of such their Offences) that if any Person or Persons have done or committed, or hereafter shall do or commit any High Treasons, when they were in good, whole and perfect Memory, and after their Accusation, Examination and Confession thereof before any the King's Majesty's Council, shall happen to fall to Madness or Lunacy, that yet nevertheless if it shall appear by the Testimony of four of the King's Council, or more, that such Persons, at the Time of doing their Treason, and at the Time of their Accusation, Examination and Confession thereof, were of good, perfect and whole Memory, and then not mad nor lunatick, but since that Time fallen to Madness or Lunacy, and so certified into the King's Chancery by Writing subscribed with the Names of four of the said Council, or mo; that then, in every such Case, the King's Majesty's Commission ofOier & Determiner of the Treasons shall be awarded out of the said Chancery, under his Highness Great Seal, into such Shire and Place, and to such Persons, as it shall please the King's most Royal Majesty to limit and appoint, in which Commission shall be specially mentioned and expressed the Names of such Person or Persons, who shall happen to be accused and examined of Treason before any the King's Majesty's Council, as is afore said, and an express Mention, that by the Testimony of four of the King's Council, such Person and Persons so accused or examined of Treason, were of good, perfect and whole Memory at the Time of committing their Offences, and at the Time of their Accusation...

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