TREASON TRIALS ACT (1695): THE FUNDAMENTAL ELEMENTS OF DUE PROCESS. An Act for Regulating of Tryals in Cases of Treason and Misprision of Treason.

NINE YEARS WAR. Great Britain. Parliament.

Published by London: Charles Bill and the Executrix of Thomas Newcomb, 1695

About this Item

Folio (12 inches). 7 & 8 William III, Chapter 3. General title leaf + pages 35-43. Woodcut Royal coat of arms, headband, and decorative initial. Text in Black Letter. Neatly extracted from a bound volume and expertly mended. Small circular ex-library stamp on general title leaf. For centuries, English criminal procedure had been organized on the principles that a person accused of a serious crime should not have access to counsel for preparing a defence strategy nor be represented by counsel at trial. In addition, the accused did not have access to the indictment specifying the charges and, being incarcerated, were not able to physically secure defence witnesses. With the crown amply represented by counsel, the imbalance favoured prosecution over defence. In response to the traditional inequalities, this Act established a set of procedural safeguards for the treason defendant that eventually became paramount elements of English due process. The Act allowed treason defendants to advise with, and be represented by, up to two counsel who would be permitted not only to examine and to cross-examine, but also to sum up and to address the jury about the merits of the defendant's case. The accused also had the right to have defence witnesses heard, the right to have them sworn, and the right to have them subpoenaed. The defendant was also entitled to a copy of the indictment (by paying the fee of transcription) five days in advance of the trial, and a list of prospective jurors. In order to be tried and convicted of treason, the indictment had to be signed by the grand jury within three years of the alleged crime, and evidence had to be confirmed from two witnesses to the same offence. No evidence could be used against the defendant except what was pleaded in the indictment. The Act helped to ensure that the accused no longer had to blindly fend for himself in a court of law, and largely avoided the unfortunate act of self-incrimination. It can be reasonably argued that the Treason Trials Act was a significant influence on the Sixth Amendment of the United States Constitution (i.e., Article Six of the U.S. Bill of Rights THE GUARANTEE OF DUE PROCESS RIGHTS IN CRIMINAL PROCEEDINGS).

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Bibliographic Details

• Title: TREASON TRIALS ACT (1695): THE FUNDAMENTAL ELEMENTS OF DUE PROCESS. An Act for Regulating of Tryals in Cases of Treason and Misprision of Treason.
• Publisher: London: Charles Bill and the Executrix of Thomas Newcomb
• Publication Date: 1695
• Binding: Soft cover
• Edition: 1st Edition
• Condition: Very Good
• Seller catalogs:
  • NINE YEARS WAR