“The 1696 Act would provide for the right to consult lawyers in the pretrial for the purpose of developing defensive proofs, and for advance disclosure of the indictment and the names of prospective jurors.91 The Act did not, however, call for the disclosure of information about prosecution witnesses or their projected testimony, the step now known as pretrial discovery of the prosecution case. (Discovery of this sort would long be resisted, ostensibly for fear that persons allied with the defendant might intimidate or otherwise interfere with the accusing witnesses.)”