Treason Act, 1708

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TREASON ACT 1708

CHAPTER XXI.

An Act for improving the Union of the Two Kingdoms.

Rot. Parl. 7 Ann. p. 8. n. 11.

Reasons for passing this Act.

Crimes construed treason &c. in England, to be so construed in Scotland.

Whereas nothing can more conduce to the improving the union of the two kingdoms which by her Majesties great wisdom and goodness hath been happily effected than that the laws of both parts of Great Britain should agree as near as may be especially those laws which relate to high treason and the proceedings thereupon as to the nature of the crime the method of prosecution and tryal and also the forfeitures and punishments for that offence which are of the greatest concern both to the crown and to the subjects To the end therefore that the said union may be more effectually improved Be it enacted by the Queens most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled and by the authority of the same that from and after the first day of July in the year of our Lord one thousand seven hundred and nine such crimes and offences which are high treason or misprison of high treason within England shall be construed adjudged and taken to be high treason and misprison of high treason within Scotland and that from thenceforth no crimes or offences shall be high treason or misprison of high treason within Scotland but those that are high treason or misprison of high treason in England.

The Queen may issue commissions of oyer and terminer in Scotland, under the seal of Great Britain.

2. And that from and after the said first day of July in the said year of our Lord one thousand seven hundred and nine the Queens Majesty her heirs and successors may issue out commissions of oyer and terminer in Scotland under the seal of Great Britain to such persons as her Majesty her heires and successors shall think fit and that three of the lords of the justiciary be in the said commission of oyer and terminer whereof one to be of the quorum to inquire of hear and determine such high treasons and misprison of high treason in such manner as is used in England.

[S. 3 rep. 30 & 31 Vict. c. 59. (S.L.R.)]

Power of justice court and other courts to determine offences of treason, &c.

Certiorari.

4. And . . . that from and after the said first day of July one thousand seven hundred and nine the justice court and other courts having power to judge in cases of high treason and misprison of high treason in Scotland shall have full power and authority and are hereby required to inquire by the oaths of twelve or more good and lawful men of the county shire or stewartry where the respective courts shall sit of all high treasons and [misprisons¹ ] of high treason committed within the said counties shires or stewartries and thereupon to proceed hear and determine the said offences whereof any person shall be indicted before them in such manner as the Court of Queens Bench or justices of oyer and terminer in England may do by the laws of England And if any person be indicted of high treason or misprison of high treason before any justices of oyer and terminer or in the circuit courts or other courts having power to judge in cases of high treason or misprison of high treason in Scotland then upon the request of the Queens advocate general to the lord high chancellor or lord keeper of the great seal of Great Britain for the time being the lord chancellor or lord keeper shall award her Majesties writ of certiorari under the said great seal directed to the justices of oyer and terminer or the justices of the circuit courts and such other courts thereby commanding them or any of them to certifie such indictment into the justice court which court shall have full power and authority and is hereby required to preceed upon hear and determine the same as the court of Queens Bench in England may do upon indictments removed or certified into the said court.

Persons convicted of high treason, &c. in Scotland, liable as in England.

5. And that from and after the said first day of July in the said year of our Lord one thousand seven hundred and nine all persons convicted or attainted of high treason or misprison of high treason in Scotland shall be subject and liable to the same corruption of blood pains penalties and forfeitures as persons convicted or attainted of high treason or misprison of high treason in England.

[S. 6 rep. 30 & 31 Vict. c. 59 (S.L.R.)]

Treasons by natives of Scotland, committed upon the sen, where tried.

7. And . . . that all treasons and misprisons of treasons which from and after the said first day of July shall be done or committed by any native of Scotland upon the high sea or in any place out of this realm of Great Britain shall be enquired of heard and determined before the said justice court or before such commissioners of oyer and terminer and in such shire stewartry or county of Great Britain as shall be assigned by the Queens commission and by good and lawful men of the same shire in like manner to all intents and purposes as if such treasons or misprisons of treason had been done or committed in the same shire where they shall be enquired of heard and determined as aforesaid.

Torture abolished.

8. And that from and after the said first day of July in the said year of our Lord one thousand seven hundred [and ¹ ] nine no person accused of any capital offence or other crime in Scotland shall suffer or be subject or liable to any torture . . . . .

Qualification of jurymen.

Challenge.

9. Provided . . . also that every person may be summoned and returned to be a juryman in any such tryals as aforesaid who shall at the time of such trial have and be seized in his own right or in the right of his wife of lands or tenements of an estate of inheritance or for his or her life or the life of some other person within the county stewartry or place where any such tryal shall be or from whence the jury is to come of the yearly value of forty shillings sterling at least and for want thereof or for any other lawful cause shall be subject to be challenged and set aside.

Reasons for passing this enactment.

Certain crimes heretofore held treason by the law of Scotland, henceforth declared capital offences.

10. And whereas the crimes after mentioned are by several Acts of Parliament in Scotland declared to be treason and the committers thereof are appointed to be punished with the same pains and [forfaulters ¹ ] as committers of treason and that after the first day of July aforesaid the foresaid Acts of Parliament in Scotland will have no force nor effect seeing no facts nor offences are to be deemed treason within Scotland after that time but such as are so by the Acts and Statutes now in force in England Be it therefore by the authority aforesaid further enacted that theft in landed men murder under trust wilful fire-raising firing coalheughs and assassination which were declared to be treason by particular statutes in Scotland shall after the foresaid time be only adjudged and deemed to be capital offences and the committers thereof shall be only liable to such pains and punishments as by the law of Scotland are to be inflicted upon the committers of capital crimes and offences and the persons committers thereof are to be punished and tryed in the same manner as by the laws of Scotland is provided in the cases of other capital crimes any thing in this Act to the contrary notwithstanding

Slaying lords of session sitting in judgment, treason.

11. And . . . that if any person shall from and after the said first day of July slay any of the lords of session lords of justiciary sitting in judgment in the exercise of their office within Scotland that the doing thereof shall be construed adjudged and taken to be high treason.

Counterfeiting seals appointed by 24th article, treason.

12. [²] And . . . that from and after the said first day of July if any person counterfeit her Majesties seals appointed by the twenty fourth article of the union to be kept used and continued in Scotland that the doing thereof shall be construed and adjudged to be high treason.

[S. 13 rep. 39 Geo. 3. c. 93.]

List of witnesses and jurors, and copy of indictments delivered to party indicted of treason, &c.

14. [³ And that . . when any person is indicted for high treason or misprison of treason a list of the witnesses that shall be produced on the tryal for proving the said indictment and of the jury mentioning the names profession and place of abode of the said witnesses and jurors be also given at the same time that the copy of the indictment is delivered to the party indicted and that copies of all indictments for the offences aforesaid with such lists shall be delivered to the party indicted ten days before the tryal and in presence of two or more credible witnesses any law or statute to the contrary notwithstanding.] [⁴]

¹misprison O.

¹ interlined on the roll.

¹ forfaulteeres O.

[² Rep., as to England, 11 Geo. 4. & 1 Will. 4. c. 66. s. 31.]

³ annexed to the original Act in separate schedules.

[⁴ Rep., as to England, so far as relates to giving a list of the jury, 6 Geo. 4. c. 50. s. 62.]