Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
A bill for regulating trials upon charges of high treason passed the
Commons with slight resistance by the Crown lawyers in 1691.[244] The
Lords introduced a provision in their own favour, that upon the trial
of a peer in the court of the high steward, all such as were entitled
to vote should be regularly summoned; it having been the practice to
select twenty-three at the discretion of the Crown. Those who wished
to hinder the bill availed themselves of the jealousy which the
Commons in that age entertained of the upper house of parliament, and
persuaded them to disagree with this just and reasonable
amendment.[245] It fell to the ground therefore on this occasion; and
though more than once revived in subsequent sessions, the same
difference between the two houses continued to be insuperable.[246]
In the new parliament that met in 1695, Commons had the good sense to
recede from an irrational jealousy. Notwithstanding the reluctance of
the ministry, for which perhaps the very dangerous position of the
king's government furnishes an apology, this excellent statute was
enacted as an additional guarantee (in such bad times as might again
occur) to those who are prominent in their country's cause, against
the great danger of false accusers and iniquitous judges.[247] It
provides that all persons indicted for high treason shall have a copy
of their indictment delivered to them five days before their trial, a
period extended by a subsequent act to ten days, and a copy of the
panel of jurors two days before their trial; that they shall be
allowed to have their witnesses examined on oath, and to make their
defence by counsel. It clears up any doubt that could be pretended on
the statute of Edward VI., by requiring two witnesses, either both to
the same overt act, or the first to one, the second to another overt
act of the same treason (that is, the same kind of treason), unless
the party shall voluntarily confess the charge.[248] It limits
prosecutions for treason to the term of three years, except in the
case of an attempted assassination on the king. It includes the
contested provision for the trial of peers by all who have a right to
sit and vote in parliament. A later statute, 7 Anne, c. 21, which may
be mentioned here as the complement of the former, has added a
peculiar privilege to the accused, hardly less material than any of
the rest. Ten days before the trial, a list of the witnesses intended
to be brought for proving the indictment, with their professions and
place of abode, must be delivered to the prisoner, along with the copy
of the indictment. The operation of this clause was suspended till
after the death of the pretended Prince of Wales.
Public-domain text, read in full here on John Shaqi.
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