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The bill provided, that persons indicted for high treason, or misprison of treason, should be furnished with a copy of the indictment five days before the trial; and indulged with council to plead in their defence; that no person should be indicted but upon the oaths of two lawful witnesses swearing to overt-acts; that in two or more distinct treasons of divers kinds, alleged in one bill of indictment, one witness to one, and another witness to another, should not be deemed two witnesses; that no person should be prosecuted for any such crime, unless the indictment be found within three years after the offence committed, except in case of a design or attempt to assassinate or poison the king, where this limitation should not take place; that persons indicted for treason, or misprison of treason, should bo supplied with copies of the panel of the jurors, two days at least before the trial, and have process to compel their witnesses to appear; that no evidence should be admitted of any overt-act not expressly laid in the indictment; that this act should not extend to any impeachment, or other proceeding in parliament; nor to any indictment for counterfeiting his majesty's coin, his great seal, privy seal, sign manual, or signet.
The lords, in their own behalf, added a clause enacting, That upon the trials of any peer or peeress, for treason or misprison of treason, all the peers who have a right to sit and vote in parliament, should be duly summoned to assist at the trial; that this notice should be given twenty days before the trial; and that every peer so summoned, and appearing, should vote upon the occasion.
He likewise affirmed that a consultation to levy war was not treason; and that his being at a treasonable consult could amount to no more than a misprison of treason.
They therefore brought in the so long contested bill for regulating trials in cases of high treason, and misprison of treason; and considering the critical juncture of affairs, the courtiers were afraid of obstructing such a popular measure. The lords inserted a clause, enacting, that a peer should be tried by the whole peerage; and the commons at once assented to this amendment.
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