In trials for high treason, or misprision of treason, no
one can be indicted, tried, or attainted (unless he pleads
guilty) except upon the oath 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. If two or more distinct treasons of divers
heads or kinds are alleged in one indictment, one witness
produced to prove one of the said treasons and another
witness produced to prove another of the said treasons are
not to be deemed to be two witnesses to the same treason
within the meaning of this article.*^

This provision does not apply to cases of high treason in

*T Livesey v. Smith, 1880, 15 Ch. Div. 655. In re Garnett, Gcmdy
v. Macomlay, 1885, 31 Ch. Div. 1, is a similar case. In In re Hodg-
son, Beckett v. Ramsdale, 1885, 31 Ch. Div. p. 183, the language of
Hannen, J., in words somewhat relaxes the rule, but not, I think,
in substance.
48 7 & 8 Will. III. c. 3, ss. 2, 4.
314 A DIGEST OF IPart III.
compassing or imagining the Queen's death, in which the
overt act or overt acts of such treason alleged in the indict-
ment are assassination or killing of the Queen, or any di-
rect attempt against her life, or any direct attempt against
her person, whereby her life may be endangered or her per-
son suffer bodily harm,*® or to misprision of such treason.
