Page:Ruffhead - The Statutes at Large - vol 3.djvu/650

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594 C 4' Anno feptimo GuLiELMi III. A. D. 1695. the Law, after fuch Outlawry, the Party outlawed may come in, and be tried, he (halli upon fuch Trial, have the Benefit of this Aft. OneV/ltnefs to jy_ y^j^j j^g j,. farther enacted and declared by the Authority aforefaid, That if two or more diftinft "no^he""'[o"an-"'* Treafoiis of divers Heads or Kinds fliall be alledged in one Bill of Indidment, one Witnefs produced to mher "imt to'be prove one of the (^lid Treafons, and another Witnefs produced to prove another of the faid Treafons, deemed 2 Wit- fhall not be deemed or taken to be two WitnefTes to the lame Treafon, within the Meaning of this Act. nefles. V. And to the Intent that the Terror and Dread of fuch criminal Accufations may in fome reafonable NoPerfontohe Time be removed, be it further enacted by the Authority aforefaid, That from and alter the faid five and jndifted for _ twentieth Day of March in the Year of our Lord one thoufand fix hundred ninety-fix, no Perfon or Per- Trcaion, nnkis f^j^g whatfoever fiiall be indi£led, tried or profecuted, for any fuch Treafon as aforefaid,' or for Mifprifion rfter'oft'clo"" of "'^'^ Treafon, that fhall be committed or done within the Kingdom of Enoland, Dominion of IFaleSy ov "Tovrn oi Berwick upon Tweed, after the faid five and twentieth Day of March in the Year of our Lord one thoufand fix hundred ninety-fix, unlefs the fame Indidtment be found by a Grand Jury within three Years next after the Treafon or Offence done or committed. No Profecution, VL And that no Perfon or Perfons fhall be profecuted for any fuch Treafon, or Mifprifion of fuch Trea- unlefs indiaed fg^^ committed or done, or to be committed or 'done, within the Kingdom of ii"?;_^A7/?is?, Dominion of /i^/fi', within 3 Years. ^^ I'own of Bervjick upon Tweedy before the faid five and twentieth Day of Alarch, rjnlefs h: or they fhatl 1 •be indicted thereof within three. Years after the faid five and tv/entieth Day of /l&z'cA ; always provided! Exception, and excepted. That if any Perfon or Perfons whatfoever fhall be guilty of defigning, endeavouring, or at- • tempting, any Aflaffination on the Body of the King, by Poifon or otherwife, fuch Perfon or Perfons may be profecuted at any Time, notwithftanding the aforefaid Limitation. Perfons tried to VIL And that all and every Perfon and Perfons, who fhall be accufed, indi6ted, and tried for fuch Trea- have Copies of fg^ j^g aforefaid, or for Mifprifion of fuch Treafon, after the faid five and twentieth Day of March in the the PaneU Days Y^^^ ^^ ^^^ j^^^^ One thouiand fix hundred ninety-fix, fhall have Copies of the Panel of the Jurors who are to try them, duly returned by the SheriiF, and delivered unto them and every of them fo accufed and Procefs of the indicted refpe£tively, two Days at the leaft before he or they fhall be tried for the fame ; and that all Court to compel Perfons fo accufed and indifted for any fuch Treafon as aforefaid, fhall have the like Procefs of the Court Witneffes to ap- ^i-,grg j}^gy Q^^W be tried, to compel their WitneiTcs to appear for them at any fuch Trial or Trials, as is ^^"' ufually granted to compel Witnefles to appear againft them. No Evidence of VIIL And be it further ena£ted. That no Evidence fhall be admitted or given of any Overt Aft that is Afts not laid in jjqj. exprefly laid in the Indiftment againft any Perfon or Perfons whatfoever. the indiament. yK. Provided alfo, and be it enafted by the Authority aforefaid, That no Indiftment for any of the Of- No Indiament fences aforefaid, nor any Procefs or Return thereupon, fhall be quafhed on the Motion of the Prifoner, to be quaihed for or his Counfel, for mif-writing, mif-fpelling, falfe or improper Ziito, Unlefs Exception concerning the mif-wriiing, &c. fg^g ^^g i2iitn and made in the refpeftive Court where fuch 'f'rial fhall be, by the Prifoner or his Counfel be made^before" affigned, before any Evidence given in open Court upon fuch Indiftment ; nor fhall any fuch mif-writing. Evidence given, mif-fpelling, falfe or iniproper Latin, after Conviftion on fuch Indiftment, be any Caufe to ftay or arreft And not to ftay Judgment thereupon : But neverthelefs any Judgment given upon fuch Indiftment, fhall and may be liable Judgment. to be reverfed upon a Writ of Error, in the fame Manner, and no other, than as if this Aft had not been made. Juryof 12 Free- ' X. And whcreas by the good Laws of this Kingdom, in Cafes of Trials of Commoners for their Lives, •holders. < ^ Jury of Twelve Freeholders mufi: all agree in one Opinion before they can bring a Verdift, either for ' Acquittal or Condemnation of the Prifoner : Peers to be fum- ' XI. And whereas upon the Trials of Peeis or Peereffes, a major Vote is fufficient, either to acquit or moned 20 Days c condemn ;' Be it further enafted by the Authority aforefaid, That upon the Trial of any Peer or Peerefs, '"^d'ftaViake ^'^her for Treafon or Mifprifion, all the Peers who have a Right to fit and vote in Parliament fhall be duly the Oaths &c. fummoned, twenty Days at leaft before every fuch Trial, to appear at every fuch Trial ; and that every Peer, fo fummoned and appearing at fuch Trial, fhall vote in the Trial of fuch Peer or Peerefs fo to he tried, every fuch Peer firft taking the Oaths mentioned in an Aft of Parliament made in the firft Year of J TV. & M.' the Reign of King William and Queen Mary, intituled. An ASi for abrogating the Oaths of Supremacy ff. I. C.8. and Allegiance, and appointing, other Oaths; and alfo every fuch Peer fubfcribing and audibly repeating the 30 Car. 2. flat, Declaration mentioned in An ASi for the more effeSiual preferving the King's Perfon and Government, by dif-

  • • i^- ■• abling Papifis from fitting in either Hovfe of Parliament, and made in the thirtieth Year of the Reign of the

late King Charles the Second. ^'d"°"n^^r.i- ^^^' Provided always. That neither this Aft, nor any thing therein <:ontained, fhall any ways extend to, pcachmcnt^jn' Or be conflrued to extend to any Impeachment or other Proceedings in Parliament, in any Kind whatfoever. Parliament. XIII. Provided alfo. That this Aft, nor any thing therein contained, fiiall any ways extend to any In- .aoGco.2. c. 30. diftment of High Treafon, nor to any Proceedings thereupon, for counterf^dting His Majefty's Coin, His Nor to counter- Qreat Seal, or Privy Seal, His Sign M;inual, or Privy Signet. [The Benefit hereof is extended by 2 & 3 2»tingtheCoin, y^;„.j^^ g^p_ ^^^ §_ ^^_ ^o Treafons within that Aft.J I'arthcr rrovifioiis nncei'mng Treafon, 9 TV. 3. c. 1. J3 W. 3. c. 3 £f 6. I Ann. fijt, 2. c, 17. 2 fef 3 Aim, c. 10. 4 Aim, c. 8. 6 Ann, c. 7. 7 Ann, i; 2li I Gei. I. fat. 2. 1'. 33. 17 Gen. 2. c, 39. 19 Geo. 2. c. 9. 20 Geo, 2, c. 30 & 46. CAP. IV. /. n Aft for preventing Charge and Expence in Eleftions of Members to ferve in Parliament. 'HEREAS grievous Complaints are made, and manifeftly appear to be true, in the Kingdom, of undue Eleftions of Members to Parliament, by excefiive and exorbitant Expences, contrary to ' the Laws, and in Violation of the Freedom due to the Eleftion of Reprefentatives for the Commons of .4 ' England