THE TREASONS ACT (1696).

+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.

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