My Lords, I am counsel for Mr. De Berenger alone. The first two general
grounds of objection, my learned friend has argued very fully, and I
shall not trouble your Lordships upon them; but I confess there seems to
me to be a great deal of weight in the last objection. Your Lordship
will recollect, the beginning of this indictment states His Majesty to
be (as the Act of Parliament requires he shall be stated) the King of
the United Kingdom of Great Britain and Ireland. The very first article
of Union requires, that after a day specified, the kingdoms of Great
Britain and Ireland shall be called the United Kingdom of Great Britain
and Ireland. Throughout this indictment, in all the counts except the
last, the offence charged is stated to have been committed for the
purpose of creating a rise in price of the funds of _this kingdom_. Now
your Lordships perhaps may not be aware, that in the seventh article of
Union it is expressly provided, that the funds of the United Kingdom,
forming the separate funds of the two kingdoms, shall continue to be
kept distinct. But after the indictment has stated His Majesty as King
of this kingdom, which can only mean of the United Kingdom, then what is
stated of the funds of this kingdom, can only relate to funds of the
United Kingdom; not in the large sense in which your Lordship considers
them, as forming a part of the funds of the United Kingdom, but in the
same sense the general funds of the United Kingdom, as His Majesty is
stated to be the King of this kingdom; whereas by the articles of Union,
the funds of the United Kingdom are to be considered two distinct funds.
_Mr. Justice Dampier._ Then the statement relates to a fund, which, by
law, can have no existence.
_Mr. Park._ That may be, my Lord.
_Mr. Justice Dampier._ If it could by possibility relate to no other
fund, the objection might be a good one; but there is a sense in which
it does relate to the funds of the United Kingdom, distributively
considered.
_Lord Ellenborough._ It is a description applicable to a new state of
society, namely, to the aggregate kingdoms of Great Britain and Ireland;
and the funds of the Kingdom are the funds of the United Kingdom.
_Mr. Park._ I only mention this to draw your Lordship's attention to the
statute, in addition to the observations which my learned friend has
made. Before I sit down, your Lordship will give me leave to suggest to
the Court, upon the motion for a new trial, in addition to what the
learned Serjeant threw out, an observation founded upon the Russian
cases, where an Order of Council was stated, which your Lordships
decided you could not take judicial notice of, that there was no proof
of the falsehood of the rumours by which, they say, the price of the
funds was to be raised.
_Lord Ellenborough._ But there was proof of the fabrication of them.
_Mr. Serjeant Pell._ On the part of Mr. Holloway, Mr. Random, and Mr.
Lyte, I am not disposed to trouble your lordships with any observations
in arrest of judgment.
_Lord Ellenborough._ Does Lord Cochrane wish to address any thing to the
Court?
_Lord Cochrane._ My Lord, I am desirous, previously to your passing
judgment upon this matter, that I should have an opportunity of
explaining those things which I deem essential to be brought under your
consideration.
_Lord Ellenborough._ If you mean to offer any observations in arrest of
judgment, this is the proper time; we will afterwards hear, as a
distinct thing, whatever may occur to you as fit to be presented to the
Court, to induce them to grant a new trial; that is probably your
object.
_Lord Cochrane._ I do not move in arrest of judgment.