They  were  indicted  for  compassing  the
king's  death,  and  raising  a  rebdlion  wkhm  the
kingdom,  and  no  other  overt-acts  laid  in  thein«
dictment,but  several  meetings,  consultations,
and  agreements  between  the  confederates,  to
raise  a  rebeUion  for  the  purposes  aforesaid.
The  lord  Gray  was  tried  by  his  peers,  and
had  judgment  to  be  hanged,  drawn,  and  quar-
tered.
In  sir  Henry  Vane's  case,  meetbg  and
consulting  about  treason  were  held  .sumeient
overt-acts.
In  IMunket's  case  latdjr  m  the  Kmg*s-bencfa,
the  bdictment  was  for  nigh-treason,  in  com-
pasnng  the  death  of  the  king ;  the  overt-
acts  alTed^  against  \^m  were,  consulting  to-
raise  an  msurrection  in  Ireland,  and  bringing
of  the  French  into  Irdand,  and  collecting
money  in  Ireland,  and  holding  oorresponden-
das  in  France  for  that  purpoae.  There  waa
no  proof  of  any  deofn,  upon  the  king's  natural
person,  which  was  m  £ng1and ;  yet  he  was
attamted  and  executed  for  high- treason,  though
no  insurrection  or  invasion  followed  :  so  that
there  can  be  no  question  at  this  time  of  day,,
but  that  meeting  and  consulting  to  raise  a  re-
bellion, though  it  be  not  an  actual  levying  of
war  within  another  branch  of  the  statute  ot  35
£dw.  3,  yet  they  are  overt-acts  of  compassing
the  king's  death,  within  the  first  branch  of  that
statute.
The  other  gross  mistake  is.  That  the  lord
Russdl's  crime  was  only  misprision  of  high-
treason.
