A.D. 1708. ' Anno feptimo Ann-^e Reginas. C. 22. 373 of our Lord one thoufand {even hundred and nine, no Perfon accufed of any capital OfFence, or other or before Com- Crime in Scotland, iliall fuffer, or be fuhjed or liable to any Torture : Provided that: this A6t ftnll not !^^-"f"'. *==' extend to take away that Judgment which is given in ii.v^/OTji/ againft Pcrfons indifted of Felony, who 5^° ^l" j°"^j'"nj^ fhall refufe to plead, or decline Trial. liable to Torture. VI. Provided alfb, and be it further enaiTled by the Authority aforefaid, That every Perfon may be This Act not to fummoned and returned to be a Juryman in any fuch Trials, as aforefaid, who fliall at the Time of iuch take away judg- Trial have and be feized of in his own Right, or in the Right of his Wife, of Lands or Tenements, of"'™'^ '".'^"E' an Eftate of Inheritance, or for his or her Life, or the Life of fome other Perfon, within the County, j^"j'|.|.^^]-^'°^ '^~ Stewartry, or Place where any fuch Trial fliall be, or from whence the Jury is to come, of the yearly Va- pieai. lue of forty Shillings Sterling at lead ; and for want thereof, or for any other lawful Cauil", fhall be fub- Qiiaiification? of jedl to be challenged and fet afide. a Juryman in ' VII. And whereas the Crimes after-mentioned are by feveral A£l:s of Parliament in Scotland declared ^'^'^" ' to be Treafon, and the Committers thereof are appointed to be puniflied. with the fame Pains and For- r'o OP/ences to ' faultures as Committers of Treafon, and that after the firfi; Day o^ July aforefaid, the aforefaid Act of ScotianT faut ' Parliament in Scotland will have no Force nor EfFefl:, feeing no Fads nor Offences are to be deemed wL^3re!o' ' Treafon within Scotiind after that Time, hut fuch as are fo by the A£ls and Statutes novr in force in Eng- the Laws ia ' land Be it therefore by the Authority aforefaid further enabled. That Theft jn landed Men, Murder Engbini. under Truft, wilful Fire-raifing, firing Coalheughs, and Affallination, which were declared to be Trea- fon by particular Statutes in Scotland, fhall after the aforefaid Time be only adjudged and deemed to be capital Offences, and the Committers thereof flrall be only liable to fuch Pains and Puniflinients as by the Law of Scotland are to be infiicued upon the Committers of capital Crimes and OfFences, and the Perfons Committers thereof are to be puniflied and tried in the fame Manner as by the Laws of Scotland is provided in the Cafes of other capital Crimes; any thing in this AtS to the contrary notwithftanding. .. . VIII. And be it alfo ena£led by the Authority aforefaid, That if any Perfon fhall, from and after the Lo'rd"o/sefliorr faid firfl: Day oi July, Hay any of the Lords of SelTion, Lords of Jufticiary, fitting in Judgment in the &c. High Tre*- Exercife of their Office within Scotland, that the doing thereof fhall be conilrued, adjudged and taken to fon. be High Treafon. IX. And be it further enabled by the Authority aforefaid. That from and after the faid firft Day of Counterfeitins July, if any Perfon counterfeit her Majefly's Seals appointed by the twenty-fourth Article of the Union, 'he Great Seal in to be kept, ufed, and continued in Scotland, that the doing thereof fhall be conftrued and adjudged to be ^°='jnd High High Trelfon. . ^'""" X. Provided always, and be it further enacted by the Authority aforefaid. That after the Deceafe of After the De- tke Perfon who pretended to be Prince of Wales during the Life of the late King James, and fmce pre- ceafe of the Pre- tends to be King oi Great Britain, and at the End of the T;rm of three Years after the immediate Succef- tender, and 3 fion to the Crown, upon the Demife of hir picfjiit Mrjefliy, ihall take effeft, as the fame is and itands ^^^^yfter tlie limited by an KQ. made in the firi-t ear of the Reign of cheir late Majefties King William and Qiieen, cr^n"y 'he ^ Mary, intituled. An ASi for declaring the Rights and Liberties of the Sulyeff, and fettling the Succejfton of the Demife of the the Croivn ; and by one other A£t made in the twell'th Year of the Reign of hia late Majefty King V,"il- Q^een fJiall take LIAM the Third, intituled. An AeJfar the further Limitation of the Cmvn, and better fccwing the Rights and^^^"' ^'^- ^ Liberties of the Subjeff, no Attainder for Tre:ifon ihall extend to t'-.e difheriting of any Heir, nor to the ' J'^^ '^' ^■'■^' Prejudice of the Right or Title of any Perfon or Perfons, other than the'Right or Title of the Offender jyOeofi. c. q, or Offenders, during his, her, or their natiu'al Lives only ; and that it fliall and may be lawful to every no Attainder Perfon or Peifons to whom the P.ight or Inteiefl: of an/ Lands, Tenements or Hereditaments, after for Treafon Aall the Death of any fuch Offender or Offenders, fiiould or might have appertained, if no fuch Attainder ^'"'"""^ ^"^ had been, to enter into the fame. , may en"^"' ,Xr XI. And be it further enafted by the Authority aforefaid, That from and after the Deceafe of the Per- the' Death of fon who pretended to be Prince o's Wales during the Life of the late King James, and fmce pretends to fuch Offender, be King of Great Britain, and at the End of the Term of three Years after the immediate SucccHion to the Crown, upon the Demife of her prefent Majefty, fliall take effeft, as the fame is and ft.mds limited by After the Times- an Aa made in the firft Year of the Reign of their late Majefty's King Vv^illiam and Queen Mary, in- Jfj/, copyT' , tituled, An Act for declaring the Rights and Liberties of the SubjeH, andfettlim^the Succcjfion of the Croivn, and the' Indictment by one other A61 made in the twelfth Year of the Reign of his late Majel'ly King William the Third, for Treafon, .tc. intituled. An Aci for the further Limitation of the Croivn, and better fecuring the Rights and Liberties of the ^^^^^^ '^•""^^^ Subjeff, when any Perfon is indifted for High Treafon, or Mifprifion of Treafon, a Lift of the Witneffes j? '¥ ^""-f^' that fhall be produced on the Trial, for proving the faid Indictment, and of the Jury, mentioning the Totfoit h° il Names, Profeflion, and Place of Abode of the faid Witneffes and Jurors, be alfo given at the fame Time 1 w. & M. Stri; that the Copy of the IndiiSfment is delivered to the Party indifted ; and that Copies of all Indidm.ents for 2. c. 4. 12 W. the Offences aforefaid, with fuch Lifts, fliall be delivered to the Party indifted, ten days before the Trial, 3- <=• =. and in Prefence of Two or more credible Witneffes; any Law or Statute to the contrary notv/ithftanding. '^ '/Cm.a, r,, . Geo. I. Stat. 2. C.-48. ■ ' _ W<^^4r andfarthsr, iiGeo. z, c. 19. and 22 Geo, 2. c, 48, Jbr regulating trials for High Trcajon m S-cotU?i3* CAP. XXIL An Act for the Qtveen's moil: gracious, general, and free Pardon. ANNE R. ' ^ H ""HE Queen's moft Excellent Majefty calling to mind how many Ways her loving and obedient Sub-
- JL js<3;s have, from time to time, expieffed their dutiful Affedions towards her Majelly, and confider-
' ing
