Treason Act, 1708

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.

1misprison O.