an innocent
individual, and of persons who, for the purpose of supporting their
unlawful enterprises, have kept retainers in the country. In modern
times, the decisions have come nearer to the present case; but I think I
can satisfy your Lordships, there is none that reaches it.

The case in which the doctrine relating to conspiracy has travelled on,
if I may so say, embracing a larger compass of acts, is that of the King
_v._ Edwards, 8 Modern Reports, 320. In that case the doctrine laid down
is, that a conspiracy to do a lawful act for effecting an unlawful end,
is a crime. If the end be unlawful in this case, undoubtedly the
endeavour to accomplish it was a crime. But I submit to your Lordships,
as the act is stated upon the Record, the end is not unlawful, and that
no case can be found which shews, that the end which these parties had
in view was an unlawful end. Upon the principle of the case which I have
mentioned, which goes far beyond the former cases on this subject, if I
am right in stating, that _per se_ there is nothing criminal in raising
the price of the public funds, something must be added upon the record
to make that act a crime.

Another case is that of The King _v._ Starling, 1 Siderfin, p. 174. It
was an indictment for a conspiracy to depress what was called the
gallon-trade, (that is, the practice of selling beer by the gallon) and
thereby to cause the poor to mutiny, and to injure the farmers of
excise; that was stated as the object of the conspirators. They were
acquitted of that part of the charge which alleged an intention to cause
the poor to mutiny; but found guilty of a design to injure the farmers
of excise. The reporter says, after many debates it was adjudged, not
that a conspiracy to injure the farmers of excise, speaking of them
generally, was a crime--but, that the verdict relates to the
information, the information relates to the excise, which is part of the
revenue of the king; and to impoverish the farmers of excise would make
them less able to pay the king his dues. And so the Court, in giving
judgment, say, we must look at the record, to see if we can find out
that what is charged upon the defendants be that which must necessarily
produce a public mischief; and they say it does in this way; that the
verdict relates to the information, and the information to the excise,
which is part of the revenue of the country; and, as to impoverish the
farmers of excise, would render them less