| Volume 194, Page 819 View pdf image (33K) |
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7 & 8 W. 3, CAP. 3, TREASON. 819 twentieth Day of March, in the Year of our Lord One thousand six hundred ninety six, shall have Copies of the Panel of the Jurors who are to try them, duly returned by the Sheriff, and delivered unto them, and every of them so accused and indicted respectively, Two Days at the least before he or they shall be tried for the same; and that all Persons so accused and indicted for any such Treason, as aforesaid, shall have the like Process of the Court where they shall be tried, to compel their Wit- nesses to appear for them at any such Trial or Trials, as is usually granted to compel Witnesses to appear against them. VIII. And be it further enacted, That no Evidence shall be admitted or given of any Overt Act that is not expressly laid in the Indictment against any Person or Persons whatsoever. * IX. Provided also, and be it enacted by the Authority 599 aforesaid, That no Indictment for any of the Offences aforesaid, nor any Process or Return thereupon, shall be quashed on the Motion of the Prisoner, or his Counsel, for mis-writing, mis- spelling, false or improper Latin, unless Exception concerning the same be taken and made in the respective Court where such Trial shall be, by the Prisoner or his Counsel assigned, before any Evidence given in open Court upon such indictment; nor shall any such mis-writing, mis-spelling, false or improper Latin, after Conviction on such Indictment, be any cause to stay or arrest Judgment thereupon: But nevertheless, any Judgment given upon such Indictment shall and may be liable to be reversed upon a Writ of Error, in the same manner, and no other, than as if this Act had not been made. X. And whereas by the good Laws of this Kingdom, in Cases of Trials of Commoners for their Lives, a Jury of Twelve Free- holders must all agree in one Opinion before they can bring a Verdict, either for Acquittal or Condemnation of the Prisoner: XI. And whereas upon the Trials of Peers or Peeresses, a major Vote is sufficient, either to acquit or condemn; be it fur- ther .enacted by the Authority aforesaid, That upon the Trial of any Peer or Peeress, either for Treason or Misprision, all the Peers who have a right to sit and vote in Parliament shall be duly summoned, Twenty Days at least before every such Trial, to appear at every such Trial; and that every Peer, so sum- moned and appearing at such Trial, shall vote in the Trial of such Peer or Peeress to be tried, every such Peer first taking the Oaths mentioned in an Act of Parliament made in the First (53) |
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| Volume 194, Page 819 View pdf image (33K) |
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