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defence; for the overt act is the charge to which
the prisoner must apply his defence.
And still further with respect to these overt
acts, it is to be observed that in favour of the party
accused, a Statute was passed in the Reign of
King William 3rd which enacts that no person
shall be indicted or tried for High Treason
whereby any corruption of blood ensues; but by
or upon the oaths of two lawful witnesses; either
both of them to the same overt act, or one of
them to one, and one of them to another overt
act of the same Treason." and various other
advantages and privileges have been granted
by the Legislative, from time to time, in
in favor of persons accused of High Treason,
which does not belong to the person charged
with other offences.
Having thus endeavoured to explain to
you the nature and property of these overt acts,
which must be alleged in the Indictment, and
by what evidence they must be supported, I
proceed to call your attention to the different
heads or classes of Treason, which may be laid
in the Indictment against the accused. It is
not improbable that one charge of Treason may be
laid in the Indictment, to be, the compassing and
imagining the death of our Lady the Queen; and
various overt acts may be stated in support of
it; and, perhaps, amongst the rest, the levying
war against the Queen in her realm; which
hath been held by many decided cases to be an
overt act of that species of Treason, as well as a

[left margin]
7 & 8 W.3.C3

[at foot]



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