3dly,  That,  though  a  conspiracy  to  levy  war
were  swore  by  one  witness,  and  that  a  credible
one,  I  <^ught  not  to  be  thereupon  indicted  by
the  stat.  1  Ed.  6, 12,  the  5  Ed.  6,  11,  and  the
13  Car.  2.  4thly,  That  conspiracy  to  levy  war
is  not  treason,  by  the  stat.  "21  £d.  3.  5thlj^,
That,  by  the  same,  conspiring  to  levy  war,  b
not  an  overt -act  of  compassing  the  king's
deatfi ;  and,  though  overt- acts  were  pretend^,
they  are  not  to  1&  inquired  into,  without  the
testimony  of  two  credible  witnesses  by  the
1  Ed.  6,  12,  and  5  Ed.  C,  11,  and  I  ought  not
to  be  obliged  to  confess  such  a  conspiracy,  if
jtbe  not  proved.  6thly,  Without  admitting
die  fact,  I  ought  to  have  counsel  to  ai^ue  the
points  of  law  arising  upon  the  evidence  ;  inas-
much as  (  may  have  cause  to  demur  unto  the
evidence,  auci  want  their  advice  thereupon,
rthly.  That,  supposing  the  lord  Howard  to  be
a  credible  witness,  he  is  but  one :  no  man  can
be  thereupon  found  guilty,  as  appears  by
Whitebread's  case;  the  papers  cannot  be  taken
for  another  witness,  similitude  of  hands  is  no
evidence,  whosoever  writ  them  ;  they  can^have
no  concurrence  with  what  is  said,  being  un-
known to  himi  written  many  years  since,  as
Appears  by  the  ink  and  paper,  and  no  way
relating  unto  the  matter  in  question,  nor  ap-
plied unto  any  particular  time  or  case  \what-
socver.  8thly,  That,  though  tl^e  meetings
mentioned  by  the  lord  Howard  were  supposed
to  he  to  consult  to  lefywar,  such  assemblies
could  not  be  taken  for  overt-acts  of  conspiring
the  death'  of  the  king,  no  word  or  overt-act
tending  thereunto  in  giving  in  evidence  ;  no-
tliiug  arising  from  suppositions,  arguments,
presumptions,  or  constructions,  can  make  a
man  a  traitor  :  the  end  of  the  stat.  25  Ed.  3,
was  to  take  away  ambiguities,  and  variety  of'
>  opinions,  and  the  decisions  of  all  such  cases  as
,  ar«  thereby  referred  to  the  parliament.
