ips, that if I should not succeed in my motion in
arrest of judgment, there is a fact which was not proved at the trial,
but which it was necessary to prove for the purpose of convicting these
defendants upon any count of the indictment, in which it forms a
material averment, namely, that there was war between England, and the
Allies of England, and France.

_Lord Ellenborough._ I am afraid there are too many statutes which speak
of war with France, for the Judges to allow themselves not to have
cognizance of that objection.

_Mr. Serjeant Best._ But there is none, my Lord, which refers to any war
between England, and the Allies of England, and France. Unfortunately it
has been only of late that we have had Allies. I make this application
on the part of Mr. Butt only, and I submit to your Lordships upon the
counts on which this defendant has been convicted----

_Lord Ellenborough._ You appear now only for Mr. Butt?

_Mr. Serjeant Best._ I do, my Lord.

_Lord Ellenborough._ I have made a minute, that on the trial you told
me you were Counsel for the second, third, and fourth, defendants, Lord
Cochrane, Mr. Cochrane Johnstone, and Mr. Butt.

_Mr. Serjeant Best._ I am not now Counsel for Lord Cochrane, I am moving
merely for Mr. Butt.

_Lord Ellenborough._ That is a new proceeding, that Counsel shall
renounce some clients, in order to serve others.

_Mr. Serjeant Best._ My Lord, Lord Cochrane has desired me not to move
on his behalf; and I may state so much for him, that he has no intention
to move in arrest of judgment. My other client, Mr. Cochrane Johnstone,
is not here.

_Lord Ellenborough._ If you move in arrest of judgment for one, all have
the benefit of it.

_Mr. Serjeant Best._ My objections are three; first, taking the third
count as it stands, (and the objections apply to every successive count
in the indictment) that there is no body of crime alleged, no offence
known to the law, the raising the price of the public funds not being
necessarily a crime; In the second place, that if there be any crime,
which is alleged, the persons who are to be affected by that crime are
not particularized; My third objection is, that it is stated, that the
object of the conspiracy was, to raise the price of the public funds of
_this kingdom_: this kingdom being now the United Kingdom of Great
Britain and Ireland, I conceive there is no kingdom of England, but that
the kingdom of England is merged in the United Kingdo