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high Treason by levying war against the King
Gentlemen an Assembly of men armed and arrayed in
a warlike manner with any treasonable purpose is a
levying of war, although no blow be struck; and the
enlisting, and drilling, and drilling, and marching bodies of
men, are sufficient overt acts of that Treason, without coming
to a Battle or action - And if this be the case, the actual
conflict between such a Body and the Queen's forces, must
beyond all doubt, amount to a levying of War against the
Queen, under the Statute of Edward; and to the offence of
compassing or devising to levy war within the Statute of
George the 3rd; provided the object and design and intention
of the parties be such as is specified in that Act. - And
as has already been averted to, it is quite unnecessary
to constitute the guilt of Treason, that the tumultuous
multitude should appear to be accompanied with the pomp
and pageantry of War, or with military array: Insurrection
and Rebellion are more humble in their first infancy; but
all such external marks of force will not fail to be added,
with the first gleam of success.
In case therefore any Indictment for High Treason
should be founded on the levying of War, or the compassing,
or intending to levy war, against the Queen, you will in
the first place direct your attention to the evidence which
shows the object and motive of the rising, whether it was
to effect some general and public end, in which the
[Foster C.2 8.9.][Third line left hand side]13[bottom centre]

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