Source.—Statutes of the Realm. Vol. vii., pp. 6, 7.

Whereas nothing is more just and reasonable than that persons prosecuted for High Treason, and Misprision of Treason, whereby the Liberties, Lives, Honour, Estates, Blood, and Posterity of the Subject may be lost and destroyed, should be justly and equally tried and that persons accused as offenders therein should not be debarred of all just and equal means for defence of their innocencies in such cases; in order thereunto and for the better regulation of trials of persons prosecuted for High Treason and Misprision of such Treason, Be it enacted That ... all and every person or persons whatsoever that shall be accused and indicted for High Treason ... shall have a true copy of the whole indictment, but not the names of the witnesses, delivered unto them or any of them five days at the least before he or they shall be tried for the same, whereby to enable them, or any of them, respectively to advise with Counsel thereupon to plead and make their defence.... And that every person so accused and indicted, arraigned, or tried for Treason ... shall be ... admitted to make his and their full defence by Counsel learned in the Law and to make any proof that he or they can produce by lawful witness or witnesses who shall then be upon oath for his or their just defence in that behalf; and in case any person or persons so accused or indicted shall desire Counsel, the Court before whom such person or persons shall be tried, or some judge of that Court ... is hereby authorized and required immediately upon his or their request to assign to such person or persons such and so many Counsel, not exceeding two ... and such Counsel shall have free access at all seasonable hours.

And be it enacted That ... no person ... shall be indicted, tried, or attainted of High Treason ... but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one and another of them to another overt act of the same Treason, unless the party indicted ... shall willingly, without violence and in open Court, confess the same, or shall stand mute, or refuse to plead.

And be it further enacted That if two or more distinct Treasons of diverse heads or kinds shall be alleged in one bill of indictment, one witness produced to prove one of the said Treasons, and another witness produced to prove another of the said Treasons, shall not be deemed or taken to be two witnesses to the same Treason. And ... be it further enacted ... That ... no person or persons whatsoever shall be indicted, tried, or prosecuted for ... Treason ... unless the same indictment be found by a Grand Jury within three years next after the Treason or offence was done and committed.

And ... all and every person or persons who shall be accused, indicted or tried for Treason ... shall have copies of the panel of jurors who are to try them duly ... delivered unto them ... two days at the least before he or they shall be tried; and all persons so accused and indicted for Treason ... shall have the like Process of the Court, where they shall be tried, to compel their witnesses to appear for them at any such Trial or Trials.

And be it further enacted. That no evidence shall be admitted or given of any overt act that is not expressly laid in the indictment against any person.

And be it further enacted That upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have a right to sit and vote in Parliament shall be duly summoned twenty days at the least before every such Trial; and that every Peer so summoned and appearing at such Trial shall vote in the Trial.