He said they had introduced evidence to prove circumstances not alleged in the bill, and defective evidence of those that were; that Porter was not examined upon oath; that nothing could be more severe than to pass sentence of death upon a man, corrupt his blood, and confiscate his estate, upon parole evidence; especially of such a wretch who, by his own confession, had been engaged in a crime of the blackest nature, not a convert to the dictates of conscience, but a coward, shrinking from the danger by which he had been environed, and even now drudging for a pardon.

He invalidated the evidence of Goodman's examination.

He observed that the indictment mentioned a conspiracy to call in a foreign power; but as this conspiracy had not been put in practice, such an agreement was not a sufficient overt-act of treason, according to the opinion of Hawles the solicitor-general, concerned in this very prosecution.

So saying, he produced a book of remarks which that lawyer had published on the cases of lord Russel, colonel Sidney, and others, who had suffered death in the reign of Charles II.

This author, said he, takes notice, that a conspiracy or agreement to levy war is not treason without actually levying war; a sentiment in which he concurred with lord Coke, and lord chief-justice Hales.