de laud. 252. Carth.
144. per Holt. But Lord Coke, contra 3 inst. 26. The stat. 1. E. 6.
c. 12. & 5. E. 6. c. 11. first required two witnesses in treason. The
clause against high treason supra, does the same as to high treason;
but it seems if 1st and 5th E. 6. are dropped, Petty treason will be
tried and proved, as at Common law, by one witness. But quaere, Lord
Coke being contra, whose opinion it is ever dangerous to neglect.
(* 11) These words are intended to take away the peremptory
challenge of thirty-five jurors. The same words being used 1. 2. Ph.
& M. c. 10. are deemed to have restored the peremptory challenge in
high treason; and consequently are sufficient to take it away. Foster
237.
(* 12) Petty treason is considered in law only as an aggravated
murder. Foster 107. 323. A pardon of all murders, pardons Petty
treason. 1 Hale P. C. 378. see 2 H. P. C. 340. 342. It is also
included in the word "felony," so that a pardon of all felonies,
pardons Petty treason.
(* 13) Manslaughter is punishable at law, by burning in the
hands, and forfeiture of chattels.
(* 14) It is best, in this act, to lay down principles only, in
order that it may not forever be undergoing change; and, to carry
into effect the minuter parts of it, frame a bill "for the employment
and government of felons, or malefactors, condemned to labor for the
Commonwealth," which may serve as an Appendix to this, and in which
all the particulars requisite may be directed; and as experience
will, from time to time, be pointing out amendments, these may be
made without touching this fundamental act.
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