Court of King's Bench.
Monday, 20 June 1814.
Mr. Gurney. I move your Lordships for the Judgment of the Court in the case of the King v. De Berenger, and others.
[The Officer called the Defendants, who appeared, excepting the Honourable Andrew Cochrane Johnstone, and Alexander M'Rae.]
Mr. Serjeant Best. Upon this occasion I appear only as Counsel for Mr. Butt; and before I make the motion which I feel myself called upon, under the circumstances of this case to make, I take the liberty to suggest to your Lordships, 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.