And  the  strength  of  your  own  evidence.
Then  the  king's  counsell  will  reply  and  con-
clude to  the  Court  and  jury  against  you.
Take  care  they  do  not  misrepeat  or  mistake
the  evidence  against  you.
Then  the  Court  will  sum  up  the  eridence
against  you  ;  observe  you  have  the  evidence
delivered  by  th&Cjourt  without  mistake. '

Itt  is  not  the  alledging  of  a  fact  in  an  indict-
ment to  be  committed  or  done  proditorii
makes  treason  in  thejud^ent  of  law,  un-
les  the  lact  as  alledged  m  the  indictment
be  in  itselfe  treason.
Itt  [q'u.  If  it]  is  declared  by  the  court  and
king's  ooiiAsell  that  the  treason  of  which


SSI]      STATE  TRIALS,  35  CuarlbsIL  i6%3.^Trml  if  Algfmm  SAny,     [$52


CL^€r.   CiilDTit,How'wikth6a  be  tried f
Sidney.  By  G«d  a<^  my  oemitry.
CL  ^Cr,  God  seotd  thee  a  good  ddi?er-    tieeof  itsow?


«Bce.
L,C»J..  If  you  be  not  guiity,  I  pray  God
jou  may  escape.
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ihe  priaoner  k  indicted  is  treason  upon  the
statute  of  35  JB4.  3,  and  that  upon  the
first  branch  of  that  statute.
Then  if  the  treason  as  alledged  in^the  in-
dictment be  not  such  a  treason  and  be
not  sufficiently  aUedged  with  a  sufficient
overt  act  in  the  iodtctment  particulariy  set
forth .  as  that  branch  of  the  statute  re*>
quires.
Itt  may  be  insisted  upon  by  the  authority  of
Pyne*s  case  Trinity  4.  Car.  1.  Cro.  1,  rep.  f.
135  «Dd  many  cases  therein  mentioned,
Add  upon  lord  Coke's  opbion,  3**  Inst  hish
treason  fo.  14,  and  Hale's  Pleas  of  the
Crown,  nag.  13.
That  there's  not  a  sufficient  overt  act  of  such
treason  wittiin  thie  first  branch  of  the  sta-
tute of  35  Ed.  3.  jparticuUrly  set  forth  and
expressed  in  this  indictment.
