| Volume 194, Page 817 View pdf image (33K) |
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7 & 8 W. 3, CAP. 3, TREASON. 817 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 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 597 his and their full defence, by Counsel learned in the Law, and to make any Proof that he or they can produce by lawful Wit- ness 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 Per- son 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. And be it further enacted, That from and after the said. Five and twentieth Day of March, in the Year of our Lord One thousand six hundred ninety six, no Person or Persons what- soever 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 refuge 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. Provided always, That any Person or Persons, being indicted, as aforesaid, for any of the Treasons, or Misprisions |
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| Volume 194, Page 817 View pdf image (33K) |
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