[The History of England from the Accession of James II. by Thomas Babington Macaulay]@TWC D-Link book
The History of England from the Accession of James II.

CHAPTER XX
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It is unfortunate that no detailed report of the evidence has come down to us, and that we are forced to content ourselves with such fragments of information as can be collected from the contradictory narratives of writers evidently partial, intemperate and dishonest.

The indictment, however, is extant; and the overt acts which it imputes to the prisoner undoubtedly amount to high treason.

[457] To exhort the subjects of the realm to rise up and depose the King by force, and to add to that exhortation the expression, evidently ironical, of a hope that it may not be necessary to inflict on him any evil worse than banishment, is surely an offence which the least courtly lawyer will admit to be within the scope of the statute of Edward the Third.

On this point indeed there seems to have been no dispute, either at the trial or subsequently.
The prisoner denied that he had printed the libels.

On this point it seems reasonable that, since the evidence has not come down to us, we should give credit to the judges and the jury who heard what the witnesses had to say.
One argument with which Anderton had been furnished by his advisers, and which, in the Jacobite pasquinades of that time, is represented as unanswerable, was that, as the art of printing had been unknown in the reign of Edward the Third, printing could not be an overt act of treason under a statute of that reign.


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