Page:Ruffhead - The Statutes at Large - vol 2.djvu/356

 3 1 S C. 20. ; Anno tricefimo tertioHENRici VIII. A. D. 154,1. Teftim'ony. Inquiry* Judgment. Peers, Trial. Judgment. Attainder of Treafon by the Common Law fhail be of as good Force as • by Act of Par- liament. I & 2 Ph. & M, c. 10. §. i. ment of High Treafons, in fuch Cafes where they he done or committed by any Perfon or Perfons of good perfect and whole Memory at the Time of fuch their Offences) that if any Perfon or Perfons have done or committed, or hereafter mall do or commit any High Treafons, when they were in good, whole and per- fect Memory, and after their Accufation, Examination and Confeflion thereof before any the King's Ma- jefty's Council, {hall happen to fall to Madnefs or Lunacy, that yet neverthelefs if it fhall appear by the Teftimony of four of the King's Council, or more, that fuch Perfons, at the Time of doing their Treafon, and at the Time of their Accufation, Examination and Confeflion thereof, were of good, perfect and whole Memory, and then not mad nor lunatick, but fince that Time fallen to Madnefs or Lunacy, and fo certi- fied into the King's Chancery by Writing fubferibed with the Names of four of the faid Council, or mo; that then, in every fuch Cafe, the King's Majefty's Cofnmiflion of Oier C5 1 Determiner of the Treafons fhall be awarded out of the faid Chancery, under his Highnefs Great Seal, into fuch Shire and Place, and i© ' fuch Perfons, as it fhall pleafe the King's moft Royal Majefty to limit and appoint, in which Commifficn fhall be fpecially mentioned and expreffed the Names of fuch Perfon or Perfons, who fhall happen to be accufed and examined of Treafon before any the King's Majefty's Council, as is afore faid, and an exprefs Mention, that by the Teftimony of four of the King's Council, fuch Perfon and Perfons fo accufed or exa- mined of Treafon, were of good, perfect and whole Memory at the Time of committing their Offences, and at the Time of their Accufation, Examination and ConfefRon thereof, and that fince that Time they become mad or lunatick ; by Virtue of which Commiflion, the Commiffioners limited by the fame Commif- lion fnall have Power and Authority to inquire of the Treafons done by fuch Perfons, by the inhabitants or Freeholders of the Shire where fuch Commiflion fnall be directed to, wherefoever the faid Treafons were done or committed ; and if fuch Perfon or Perfons aforefaid fhall happen to be indicted of High Treafon, then the faid Commiffioners, without the perfonal Appearance or Arraignment of fuch Perfon or Perfons fo indicted, fhall caufe the Sheriff or his Minifters, or other having Authority to return Procefs of fuch Cafes, to return a Panel before them of fufficient and lawful Freeholders of the Shire where fuch Perfons fhall be indicted, for the Trial of their Treafons contained in their Indictment ; and after the Return of the Panel and Appearance of the Jury, the faid Commiffioners, in the Abfence of the faid Perfon or Perfons indicted being mad or lunatick, without any Arraignment, Anfwer or Plea to the Indictment, fhall fwear twelve of fuch of the faid Jury as fhall be returned before them, to try whether the Perfon or Perfons indicted be guilty of the Treafons contained in the Indictment, or of any of them, or not guilty, caufing only the In- dictment to be read to the faid Jury, and after the reading thereof caufe and fuller upon Evidence to be given to the Jury, as well for the King as for the Party, touching the Treafons contained in the indict- ment, as to their Difcretions fhall feem convenient ; whereupon the Jury fhall be bound to give their Ver- dict according to their Evidence, as if the Perfons indicted had been prefent, arraigned and pleaded to the fame : And if it fhall happen fuch Perfon or Perfons, fo indicted, to be found guilty by .the faid Jury fo charged to try fuch Treafons, that then the Offenders of fuch Treafons fo found guilty, fhall have fuch Tudgment, and fuffer fuch Pains of Death, Forfeitures of Lands, Goods, Chattels and all other Things, as is commonly limited in Cafes of High Treafon, and as if fuch Perfons had been of good and whole Me- mory, and perfonally prefent arraigned and pleaded to their Indictment, and had been found guilty thereof; their Madnefs or Lunacy, or their Abfence, Non-arraignment, or not pleading to the faid Indictment, in any wife not letting nor withftanding. Provided alway, and be it enacted by the Authority aforefaid, That if any of the Peers of this Realm fhall happen to be accufed and examined of High Treafon before any of the King's Council, and do con- fefs the fame, and afterward fall to Madnefs or Lunacy, as is afore faid, that then fuch Treafons done and committed by any Peer of this Realm, and by him or her confeffed upon Examination thereof before any the King's Council, as is afore faid, and their ConfefEons, if they can write, fubferibed with their Names, fhall be inquired of by Virtue of the King's Commiflion of Oler cs' Determiner, to be awarded in Manner and Form above rehearfed : And if they fhall happen to be indicted of High Treafon by Virtue of fuch Com- miflion, yet neverthelefs their Trial fhall be always had by their Peers before the High Steward of England, to be afligned by the King's Highnefs ; and that the High Steward to be afligncd by the King's Majefty, "in every fuch Cafe, fhall have the Record of the Indictment brought to him, and fhail caufe to be fummoned to appear before him the Peers of the Realm, as hath been accuftomed, at a Day and Place by the faid High Steward to be limited, at which Day and Place the faid High Steward, after the Appearance of the Peers before him, having the Record of the faid Indictment before him, fhall, in the Abfence of the Perfon indicted, which fhall happen to be mad or lunatick, as is afore faid, and, without his or her Arraignment or Pleading to the Indictment, caufe the faid Indictment to be read to the Peers, and in their Prefence caufe to be declared by his Difcretion all manner of Evidence and Witnefs touching the Treafons con- I tained in the faid Indictment, and afterward charge the faid Peers, upon their Faiths and Duties of Al- legiance that they owen to the King's Majefty, to try whether the Perfon indicted be guilty of the Trea- fons contained in the Indictments, or any of them, or not guilty ; and if they ihall find him or her guilty, that then fuch Judgment, Execution and Forfeitures fhall he had, made and done, as if fuch Perfon in- dicted had been of good Memory, and perfonally prefent arraigned and pleaded to the faid Indictment, and had been found guilty of the Treafons therein contained; the Madnefs or Lunacy of fuch Perfon in fuch Cafes as is aforefaid notwithstanding. II. And be it further enacted by the Authority of this prefent Parliament, That if any Perfon or Perfons fhall happen to be attainted and convicted of High Treafon by Authority of Parliament, or by the due Courfe of the Common Laws or Statutes of this Realm, and afterwards fall to Madnefs or Lunacy, that yet neverthelefs they fhall have and fuffer Execution (their Madnefs or Lunacy notwithftanding) and that if any Perfon or Perfons fhall be attainted, of High Treafon by the Courfe of the Common Laws or Statutes of this Realm, that in every fuch Cafe every fuch Attainder by the Common Law fhall be of as good Strength, Value, Force and Effect, as if it had been done by Authority of Parliament ; (zj and that the 3 King*