Lords Sitting of 26 February 1821

LAW OF TREASON—IRELAND.
Lord Holland, pursuant to notice, presented a bill for extending to Ireland certain provisions of an act of William 3rd, relative to trials for Treason. His lordship observed, that great part of the provisions of the act alluded to, which were undoubtedly wise and humane, had already been extended to Ireland. There remained, however, two provisions which had not been so extended; namely, one requiring an act of treason to be proved by two credible witnesses, and the other enacting, that a prosecution for treason must take place within three years after the commission of the act of treason. The latter provision rested entirely upon this act; it never having been before a part of the law of England. With regard to the former enactment, the history of it was more complicated; by an act of Edward 6th it was declared that every act of treason must be proved by two I competent witnesses; but by an act of Philip and Mary all the acts respecting treason were repealed, and it was enacted that that offence should be tried according to the common law. The question then arose, whether, under the common law, it was necessary for an act of treason to be proved by two witnesses, and I it subsequently appeared, that all the judges, with the exception of lord Coke, were of opinion, that two witnesses were not required. This question, however, I was set at rest in 1695, so far as regarded England, by the act alluded to of William 3rd; and it having been decided by; the judges of Ireland, that the common law did not require two witnesses to prove an act of treason, he was anxious to assimilate the law upon this subject in Ireland to the law of England.
The Earl of Limerickreturned his warmest thanks to the noble lord for bringing forward his measure. It was most desirable that Ireland should be placed on the same footing with England in every respect. Nothing would tend so much to conciliate the people of Ireland as the conviction that the same law and the same rule applied to both countries.
The bill was read a first time.