Odger's English Common Law

OVERT ACT. 149
Williams, a barrister of the Middle Temple, Wrote two books, " Balaam's
Ass" and the "Speculum Eegale," in which he predicted that King
James I. would die in the year 1621. He was indicted for high treason,
convicted and executed. 1
Owing to the frequency of prosecutions for treason during
the reigns of our Tudor and Stuart kings, and also perhaps
owing to the severity of the punishment inflicted, statutes
were from time to time enacted with the view of securing
that persons accused of treason " should be justly and equally
tried." Such a person now has the following privileges which
other prisoners do not enjoy :
—
(i.) No person can be convicted of 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
the other of them to another overt act of the same treason." 2
(ii.) Every person charged with treason is entitled to have
delivered to him ten days at least before the trial a true copy
of the whole indictment against him on payment of a sum
not exceeding five shillings, and a list of the witnesses for the
prosecution, stating their names, professions and places of
abode ;
3 also two days before the trial a copy of the panel of
the jurors who are to try him. 4
(iii.) No person shall be tried for treason unless the indict-
ment against him be presented within three years next after
the commission of the alleged treason, except where such
treason is committed outside England and Wales. 5
These privileges, however, do not exist where the prisoner
is charged with the " assassination or killing of the King, or
any direct attempt against his life, or any direct attempt
against his person whereby his life may be endangered or his
person may suffer bodily harm ; " but the person indicted for
any such offence shall be tried " in every respect and upon
the like evidence " as if he stood charged with murder. 6
i B. v. Williams (1620), 2 Rolle, B. 88.
2 1 Edw. VI. c. 12, re-enacted by 7 & 8 Will. III. c. 3, s. 2.
s 7 & 8 Will. III. c. 3, s. 1, as amended by 7 Anne, o. 21, s. 11.
* lb., s. 7.
6 lb., s. 5. This statute also for the first time permitted persons charged with
treason to be defended by counsel and to call witnesses for the defence.
6 39 & 40 Geo. III. c. 93, extended by 5 & 6 Vict. c. 51, s. 1.