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declared and settled upon this head of Treason: -
the better to enable you to apply the evidence which
you shall hear, to the several Indictments.
And for this purpose I cannot do better than
avail myself, for the most part, of the very words
of Sir Michael Foster upon the same subject.
It has, then, been laid down by undoubted
authority, that if a large number of persons
assembled together, whether armed with Military
weapons, or not, endeavour by dint of numbers
or superior strength, to effect any object or matter
purely of a private nature as for example, to
prosecute some private quarrel, or to take
revenge for some private injury, to destroy some
particular enclosure, or to remove some
particular nuisance, or, generally, to accomplish
some end, in which the particular parties
assembled together, had, or supposed they had,
any private interest, such acts of violence and
aggression, however the authors of them may
be punishable as for a High misdemeanour,
do not amount to a levying of War within the
Statute of Edward 3rd. But every insurrection,
which in Judgment of Law is intended against
the person of the King, whether to dethrone, or to
imprison him, or to oblige him to alter his
measures, or government, or to remove evil
counsellors from about him, all such risings
amount to a levying of war, within the Statute
So insurrections to throw down all inclosures,
[Discourse on Treasons Ch.11][Row 5, left hand side]11[bottom centre]
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