"shown that between the prisons and the graves of

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kings the distance is very small," and experience has not grown weaker upon this subject in modern times: offences, which are not so personal as those already mentioned, have been, with great propriety, brought within the same rule, as having a tendency, though not so immediate, to the same fatal end. Lord Hale, upon this, says, "Though the conspiracy be not immediately, and directly, and ex"pressly the death of the king, but the conspiracy "is of something that in all probability must induce

it, and the overt act is of such a thing as must induce it, this is an overt act to prove the com"passing the King's death." The instance he gives, as expository of his text, is this; "If men conspire to "imprison the King by force and a strong hand till " he hath yielded to certain demands, and for that રં purpose gather company or write letters, this is an "overt act to prove the compassing of the King's "death." What is the reason? he gives the same in substance, though different in the terms of it, as that which has been assigned by Mr. Justice Foster: "for it is in effect to despoil him of his kingly go"vernment." These are the words of Lord Hale; and, though the reasons given by Lord Hale and Mr. Justice Foster are different in words, they are the same in substance. It may be said, with equal truth, between despoiling a king of his kingly government and the graves of kings the distance is very small. Imprisonment is the same as deposition, and he who

compasses the deposition of the King, according to all judicial construction, compasses his death; it is the same as deposition, because it is a temporary despoiling him of his kingly government,, which, according to this interpretation of the law, usually ends in death.

Gentlemen, offences not so personal as those enumerated fall within the same rule, as having a tendency to the same fatal end: if foreigners are not at war with you, the offence of going into a foreign country, or proposing to go there, or taking any step thereto in order to invite foreigners into this kingdom for a treasonable purpose, can only fall within that branch of treason of compassing the King's death if they are at war with you, then the same act amounts to another species of treason, which is an "adhering to the King's enemies;" and perhaps you will find that the case I have to state is not without pregnant evidence of this species of overt

act.

Gentlemen, having stated thus much to you, I proceed now to consider the Indictment; and what I have stated, before I mentioned the substance of the Indictment, I have stated to lay in my claim to full credit with you, when I say, that no man living can I wish to express to you more strongly than I wish to do (we have indeed, each of us, as great an interest in the true construction of this law, as any other. man can have in it), that the law of treason, in considering the charge, that I have brought before you

under the command that has authorized me to bring it here, must not be extended one single iota beyond what is the established law in this country, as established as the law is, that says that the property, that you bought yesterday, you may give to whom you please to-morrow.

Gentlemen, the Indictment, finding several persons entitled to be tried separately, though indicted jointly, combined in a particular act, which I will state by and by, has charged them with compassing the King's death: it has then proceeded, because the compassing and imagination of the heart cannot be known to man-and there must be an overt act to manifest it-it has charged them with meeting among themselves to cause and procure a convention of divers subjects of the King, to be held within this kingdom, and not only a convention to be held within the kingdom, but to be held with intent and in order that the persons to be assembled at such convention and meeting should and might, wickedly and traitorously, without and in defiance of the authority, and against the will of the Parliament of this kingdom, subvert and alter the legislature, rule, and government established in it, and depose the King from the royal state, title, power, and government thereof.

It then charges them with having composed, written, and published, and caused to be composed, written, and published, divers books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses and writings, such books, pamphlets, letters, instructions, resolutions, orders, declarations,

addresses and writings, so respectively composed, written, published, and caused to be composed, writ ten, and published, purporting and containing therein (among other things) incitements, encouragements, and exhortations, to move, induce, and persuade the subjects of the King to choose, depute, and send persons, as delegates, to compose, not a convention, bnt such a convention and meeting, that is, a convention to act in the manner that the first overt act has stated it, to be holden for the traitorous purposes be fore mentioned.

It then states, as a third overt act, consultations among them, how, when, and where, such convention and meeting should be assembled and held, and by what means the subjects of the King might be induced and moved to send persons as delegates to

constitute it.

It then charges, that these persons did consent and agree, that Mr. Joyce and several other persons named, should meet, confer, and co-operate among themselves, and with other traitors, to cause the calling and assembling such convention and meeting for such traitorous purposes.

It then charges the providing of arms, of different descriptions, for these purposes; and then it charges a conspiracy to make war in the kingdom, and it charges a conspiracy to subvert and alter the legislature and government of the kingdom, and to depose the King; that is, as I understand it, that, if you should not be satisfied that the calling such a convention, as is mentioned in the first part of the In

dictment, was a mean to effectuate that compassing and imagination, which is mentioned in the introductory part of the Indictment, yet you will find in the evidence, which is to be laid before you, even if you pay no attention to that circumstance of calling a convention, sufficient evidence of a conspiracy to depose the King.

It then states again, that they published several books, and other matters of the same kind, in order to bring about the traitorous purposes last mentioned; and charges, as a further overt act, providing arms for that purpose.

Now, Gentlemen, having before stated to you, that a conspiracy to depose the King, and I have not stated it to you in my own words, but in the words of the authorities I mentioned, that a conspiracy to depose the King, that a conspiracy to imprison the King, a conspiracy to procure an invasion, with steps taken to effectuate such a conspiracy (a conspiracy indeed itself being a step for that purpose), is treason, you will observe that, in this Indictment, a conspiracy to depose the King is expressly charged, and, I think, it will be clearly proved. If a conspiracy to dépose the King be an overt act of high treason, permit me then to ask you, what can a conspiracy to subvert the monarchy of the country, including in it the deposition of the King, be, but an overt act of high treason? In the object of such a conspiracy the King is necessarily involved, and it is already shown that conspiring to depose him is compassing his death.

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