Page:Ruffhead - The Statutes at Large - vol 4.djvu/424

 372 C. 21. Anno feptimo Ann^ Regin^. A. D. 1708, CAP. XXI. An Aifl for improving tiie Union of the Two Kingdoms. 5 Ann. c. 8. 6 Ann, c. 6. HEREAS nothing can more conduce to the improving the Union of the Two Kingdoms, which by her Majefty's great Wifdom and Goodnefs hath been happily effefted, than that the Laws of both Parts of Great Britain {hould agree, as near as may be, efpecially thofe Laws which relate to HighTreafon, and the proceedings thereupon, as to the T'Jatureof the Crime, the Method of Profecu- tion ar.d Trial, and alfo the Forfeitures and Punifliments of that Offence ; which are of the greateft Con- After I July ' cern both to the Crown, and the Subjefts :' To the end therefore that the faid iJnion may be more ef- 1709. High feiSuaily improved, be in it enacled by the Queen's moil: Excellent Majefty, by and with the Advice and Tteafon and Confent of the Lords Spiritual and Temporal, and Commons, in this prelent Parliament affembled, and l'bd'flia'u be ^^ '"^^^ Authority of the fame, That from and after thejirft Day of July in the Year of our Lord one fo"in'scothnd thoufand feven hundred and nine, fuch Crimes and Offences which are High Treafon or Mifprifion of and no other.' High Treafon wiWm England, fliall be conftrued, adjudged, and taken to be High Treafon and Mifprifion of And the Qi^een, High Treafon within Scotland; and that from thenceforth no Crimes or Offences {hall be High Treafon &c. maygraii!:_ q^ Mifprifion of High Treafon within Scotland, but thofe that are High Treafon or Mifprifion of High oTr™ dTe'rmi- '^'"eafc" i" Enghvid; and that from and after the faid firfl: Day of >/y in the faid Year_ of our Lord ner in Scotland One thoufand fcven hundred and nine, the Queen's Majefty, her Pleirs and SuccefTors, may illue out Com- under the Seal of millions oi Oyer d.rATer?!iiner in Scotland, under the Seal oi Great Britain, to fuch Perions, as her iMajefty, Great Britain her Heirs and Succeffors, fliall think fit, and that Three of the Lords of the Jufticiary be in the faid Com- to hear ana million Oi Oyer and Terminer, whereof one to be of the ^orum, to enquire of, hear and determine fuch TreafunT &c^. •^'g'^ Treafons and Mifprifion of High Treafon, in fuch Manner as is ufed in England. IL Provided always, and be it enafted by the Authority aforefaid, That where any Commiffion of Oyer and Terminer fhall iffue purfuant to this Act, and is to be executed within any DiftriiSt where there A Juftice Gene- is a Juftice General, or Perfon having Right of Jufticiary, who had Jurifdiftion in Cafes of High Trea- ral who had Ju- f^j-j ^^^ Mifprifion of Pligh Treafon at the Time of the making of this Aft, from and after the Time that this"Acr to be ^^^ Right be made appear before the Lords of Seflion, and by them certified to the Lord Chancellor of in the Comroif- Great Britain, fuch Juftice General, or fuch Perfon having Right of Jufticiary, or their refpedlive Depu- fion, and one of ty, fhall be in the faid Commiffion, and one of the Riorum. the Quorum. Hi. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day oFjuly The Tuflice '^'^" thoufand feven hundred and nine, the Juftice Court and other Courts having Power to judge in Cafes Court, &c. ihall of High Treafon and Mifprifion of High Treafon in Scotland, fhall have full Power and Authority, and irv Treafons ia are hereby required, to enquire by the Oaths of Twelve or more good and lav/ful Men of the County, Scotland by a Shire or Stewartry where the refpeftive Courts fliall fit, of all High Treafons and Mifprifions of High Jury. Treafon committed within the faid Counties, Shires, or Stewartries, and thereupon to proceed, hear and determine the faid Offences whereof any Perfon fliall be indicted, before them, in fuch Manner as the Court Indictments of of ^teen's Bench or Juftices of Oyer and Terminer in England may do by the Laws of England : And if any h'r^°"i' 0}^' f ^'^'■^°^'^ ^^ indided of High Treafon or Mifprifion of High Treafon before any Juftices of Oyer and Termi- Over &c may """' °^ '" ^^'^ Circuit Courts, or other Courts having Power to judge in Cafes of High Treafon or Mif- be removed by prifion of High Treafon in Scotland, then upon the Requeft of the Qiieen's Advocate General to the Lord Certiorari into High Chancellor or Lord Keeper of the Great Seal oi Great Britain for the time being, the Lord Chan- the Juftice cellor or Lord Keeper fiiall award her Majefty's Writ of Certiorari under the faid Great Seal, direiSted to Court, ^.j^g Juftices of Oyer and Terminer, or the Juftices of the Circuit Courts, and fuch other Courts, thereby and ihere tried as commanding them, or any of them, to" certifie fuch Indictment into the Juftice Court; which Court in England. i}a7s. have full Power and Authority, and is hereby required, to proceed upon, hear and determine the fame, as the Court of ^leen's Bench in England may do upon Lidi£tments removed or certified into the Petfons attaint- the faid Court ; and that from and after the faid firft Day of July in the faid Year of our Lord one thou- ed of Treafon in fj^fj feven hundred and nine, all Perfons convifted or attainted of High Treafon or Mifprifion of High llrbil'toVeftme T^^'°^ " '^^*^^'^"'^^' ^^^ ^° fubjea and liable to the fame Corruption of Blood, Pains, Penalties, and Penalties as in Forfeitures, as Perfons convifled or attainted of High Treafon or Mifprifion of High Treafon in England. England. IV. Provided always. That where any Perfon now is, or fhall be, before the faid firft Day of July, APerfonfeized feized of any MefTuages, Lands, Seigniories, Rents, Tenements, or Hereditaments in Scotland, of an of an Eaate Tail Eftate Tail, that is to fay, an Eftate Tailzie, afTefted Vi'ith Irritant and Refolutive, or Prohibitive Claufes, i°afri°d before ''^"'^ is, or before the faid firft Day of July fliall be married, if any Iffue of that Marriage be living, or th"&d firft of tiiere be Poflibility of fuch Iffue at the Time of the High Treafon committed, that then in fuch Cafe the July, fhall forfeit faid Meffuages, Lands, Seigniories, Rents, Tenements, and Hereditaments, fhall not be forfeited upon his Lands upon the attainder of fuch Perfon for High Treafon, (but during the Life of the Perfon fo attainted only) fo fuch Attainder ^jjat the Iffue and Heirs in Tail of fuch Marriage fliall inherit the fame, the faid attainder notwithftanding, oni ^"an^d'h'is i^- ^- ^"^ ^^ '^^ further enafted by the Authority aforefaid. That ail Treafons and Mifprifions of Trea- fue'ihal" inherit, fons, which from and after the faid firft Day of July fliall be done or co nmitted by any Native of Scot- Treafons com- land upon the High Sea, or in any Place out of this Realm of Great Britain, fliall be enquired of, heard mltted by Scotf- and determined before the faid Juftice Court, or before fuch CommiHioners of Oyer and Terminer, and in fuch men upon the Shire, Stewartry, or County of Great Britain, as fliall be affigned by the Queen's Commiffion, and by rfGreaTBrTtab"^ S°°^ .^"'^ lawful Men of the fame Shire, in like Manner to all Intents and Purpofes as if fuch Treafons ihall be deier- ' '""' Mifprifions of Treafons had been done or committed in the fame Shire where they fhall be enquired of, mined by the heard and determined, as aforefaid : And that from and after the faid firft Day of July in the faid Year Juflice Courtj I of