English Constitutional History. a Text-Book for Students And Others

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VI.
c. 11, to which reference has been made in the text, it was enacted ' that no person shall be indicted, arraigned, condemned, convicted, or attainted, for any treasons that now be, or hereafter shall be, which shall hereafter be perpetrated, committed or done, unless the same offender or offenders be thereof accused by two lawful accusers ; which said accusers, at the time of the arraignment of the party accused, if they be then living, shall be brought in person before the party so accused
..., and avow and maintain that that they have to say against the said party, to prove him guilty of the treason or offences con- .
tained in the bill of indictment laid against the party arraigned.' Yet for a century after the passing of this Act, little if any regard was paid to it in crown prosecutions, or indeed to the common well-known rules of legal evidence. It was even contended that a statute of I & 2 Phil. & Mary, c. 10 (which, as Sir Michael Foster has shown, was really meant to restore to the accused ' the benefit of a trial by jury of the proper county, with all the advantages of defence peculiar to that method of trial, where former statutes had deprived him of it '), had repealed the statute of Edward VI.


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