An Authentic History of the Cato-Street Conspiracy / With the trials at large of the conspirators, for high treason and murder, a description of their weapons and combustible machines, and every particular connected with the rise, progress, discovery, and termination of the horrid plot

by George Theodore Wilkinson

The Lord Chief Baron.—Certainly, Sir; any thing you please.

Juror.—My Lord, we are bound to take the law from your Lordship, and no doubt you will give it to us most correctly. I wish to know whether, if the evidence bore out that an arming had taken place, and that there was a resistance to the civil power, would that, in the law, be a levying of war?

The Lord Chief Baron.—Undoubtedly. After a short pause, his Lordship said, “Gentlemen, do I understand the question rightly? Please to repeat it again.”

The Juror repeated the question; and his Lordship replied, that a resistance to the civil authority would not constitute a levying of war.

The Juror.—My Lord, if there was an arming for the purpose of inducing his Majesty to change his measures, would that be a levying of war?

The Lord Chief Baron.—That, gentlemen, would constitute a levying of war; and, if you believe that it was proved in evidence, it would support the indictment under the Act of his late Majesty. I put only the first and third counts to you, gentlemen, not to embarrass the case.

The same Juror.—I would wish to consider the whole of the indictment. I hope your Lordship will excuse my asking these questions.

The Lord Chief Baron.—Certainly, gentlemen, it is your province to consider the whole of the case before you. You have also an undoubted right to ask any questions you may think necessary.

The Jury then retired at twenty minutes before four; and in about ten minutes returned with a verdict of GUILTY on the THIRD and FOURTH COUNTS.

The prisoner’s appearance was in no degree altered by the annunciation of the verdict. He bowed slightly to the Court, and was removed in the care of two of the gaoler’s assistants.