crime for the accomplishment of their common design. I say, therefore, although you are not to try this man as for murder, and though that crime is not to influence your minds to find him guilty of the offence now imputed to him, yet it must be taken into consideration as part of their conduct, and as shewing that they were prepared at that time "to levy war" against all those who should oppose their designs, and that if their designs were obstructed, murder might be committed, and that too without compunction, for the expression of the unfortunate man at the bar upon that occasion was, "that it was his duty to do that which he did;" what, Gentlemen, was it the duty of these misguided men, (misled, if my learned Friend will have it so, by those publications which he says have been spread throughout the country, and which, for ought I know, might have operated upon their minds in conjunction with other circumstances) was it, I say, their duty to commit every act of desperation, whether it was robbery or the destruction of their fellow subjects, in the accomplishment of their common design?

But I will not dwell upon that part of the case, lest that fact should operate upon your minds farther than as it forms a part of the transaction, and as it shews what they were prepared to do in case of resistance to their views; farther than that, I desire you not to consider it, and I wish you to try this case as my learned Friend Mr. Cross desired you to do, in the same manner as if it was that of any of the other Conspirators; for if any other of the Conspirators were upon his Trial, this fact to which they were all accessary and all consenting must appear, it being done in prosecution of their common purpose, and as indicating to what pitch they were prepared in case of opposition to go.

Then, Gentlemen, after this event they proceed with the same desperate resolution to the different houses which they afterwards attacked in their road. First, I think, to Mr. Fletcher's; from his house they proceed to Pentridge Lane-end, and there you find they are regularly formed and organized, and put into ranks. Gentlemen, upon this part of the case some light remark was made

by my learned friend Mr. Cross, about "the word of command" and "the lock step." But this is too serious a case in my view of it, to admit of any light remarks; these words of command, and the arrangement which was made, form a very material and important feature in the case; it shews that they were organizing for resistancethat they were marshalled in regular array; the musket men in the front, the pike men in the next row, and other musket men in the rear, so as best to oppose any force sent out to meet them; that is a circumstance which in some of the old writers is considered as an important feature in levying war: part of them then go to Buckland Hollow, others of them go up to the Town of Pentridge, and at Pentridge a very important part of the transaction takes place. Their scheme was to go to Nottingham, where they were to be joined by a force there collecting, and therefore in Pentridge town George Weightman was dispatched to Nottingham; for what purpose I think you can easily infer: one of the witnesses indeed stated that it was to bring tidings, and to meet them at Langley Mill.

From thence they proceeded to Butterley, and it was with reference to this part of the case that I desired you to recollect the previous expression of George Weightman, as shewing they were aware of preparations at Butterley to resist them, and that they expected an engagement; the fact is, preparations had been made, though many of the persons who had been assembled there had dispersed before the arrival of the insurgents, thinking that they would not come; but Mr. Goodwin states, that during the evening he heard guns fired, and horns sounding, and different noises, all indicating a disturbed state of the country; there were a hundred in the first division. Mr. Goodwin, with a resolution and firmness which do him infinite credit, opposed their designs, and prevented their taking any one from Butterley Works, and he came out and reasoned with them, and represented to them the peril in which they stood. They said they wanted men ; he said, "You have too many already for the purpose you

have in view." What purpose did Mr. Goodwin conceive they had in view? Did he conceive, with my learned Friends, that this was a mere assembly of unfortunate manufacturers, who had been reduced to distress, who wanted food, and that they were merely marching to Nottingham to procure labour and sustenance ?—No, no, Mr. Goodwin knew their purpose too well, and he accordingly told them, "You shall have no assistance here; you have too many men already." Brandreth, upon this remonstrance, knowing there would be resistance, and anxious to have no unnecessary delay in his march, gave the word, and the party immediately marched off with him. Mr. Goodwin endeavoured to prevail upon two or three men to leave them, but you recollect the expression of old Ludlam, "that he had gone too far, and must go on." One or two others, who were actually forced into their ranks, did take advantage of this opportunity to make their escape into the office, and proceed no farther.

From Butterley they proceed down to the turnpikeroad, and their numbers then became very considerable, for when they got to Codnor one of the witnesses, Hole, stated that they were two or three hundred. Do we want evidence of their purpose beyond that already given? Can you divine any other purpose than that which they stated on the Sunday ?-namely, that they were going to Nottingham to overturn the government. If you can recollect Bacon's speech, in the kitchen at Codnor, you can no longer have any doubt on your minds. He there addressed the people, and said—“ Government had robbed and plundered them of all that they had; this was the last shift they ever could make, and they must either fight or starve!" Have you any doubt after that expression of Bacon what their object was ? At Codnor they are joined by Barnes, who came from Swanwick, a perfectly distinct place. How came Barnes there with the people from Swanwick?-what induced him to join them there? -is not this also a confirmation of the scheme you heard detailed on the Sunday, that they were to rise in different places, and to meet and march together to Nottingham ?

He accordingly, in pursuance of that plan, comes and meets them at Codnor, with the Swanwick men, and he also avows the purpose for which they were to march to Nottingham; for in the conversation he had with Hole on his way to Nottingham he said "that they had fixed a fresh Government at Nottingham, and were going there to defend it; that it was all over in London, for by a letter he had seen the day before, the keys of the Tower would be given up to the Hampden Club party, if they were not already." Why, Gentlemen, are these the expressions and the conduct of persons who were merely influenced by the misery of their situation and the want of food, to collect together in a body in order to proceed to Nottingham to relieve their wants? Do persons, if that is their only object, talk of a new Government-of the Parliament House being pulled down-and other matters of the same sort? I say it is impossible. I am wasting time really in dwelling upon these points, but in a case of this sort it is desirable you should have the clearest evidence, and that you should not be left to conjecture what their object was; and you have it here confirmed, by every expression they used, by every act which they did, after their meeting at Pentridge, and in the whole course of their progress towards Nottingham.

But, Gentlemen, what is passing at Nottingham during this time? they were to be at Nottingham, between two and three in the morning; they were delayed in their journey, and could not effect their purposed arrival there at that hour; but before I observe on what was passing at Nottingham, let me proceed with them to Langley Mill: when they came to Langley Mill, they met with the very person who had been dispatched from Pentridge, George Weightman, and at the very spot at which he was to meet them; one of the witnesses stated that Weightman had a private conversation with Brandreth when he came up, it is difficult to conjecture what that conversation was, except from their subsequent acts; the representation he himself made was certainly untrue, that Nottingham was taken; but probably having stepped in

Treason too far to retreat, he and Brandreth agreed to tell their followers that Nottingham was taken, and that the soldiers were in their barracks; and their object in so doing must have been to keep the Party together, and to prevent their falling off, for you find that very soon after they did begin to desert.

They then proceeded to Eastwood; it had become at that time light,-indeed it had been day-light long before, as it was getting to nine or ten o'clock; at this time the military were seen advancing, and the Insurgents thereupon dispersed but what passed at Nottingham at that critical hour two o'clock, when they were to have arrived at Nottingham forest? was that all a fable on the part of Brandreth and these different persons? were they to march to Nottingham forest to meet nobody? had there been no previous contrivance, and no previous plot with the Nottingham people? you have it in evidence, that a party of forty or fifty, and afterwards an hundred, assembled at Roper's house; and how armed?—with pikes and guns, the same instruments as the men from Pentridge and Swanwick, and other places in that neighbourhood were armed with: can you have any doubt then that it was in pursuance of the same plan, and part of the same conspiracy?-it shews most clearly, that though at Nottingham their force was much inferior to what Brandreth represented to his followers, yet that there was an actual meeting of a considerable body of men, armed in the same way, and having recourse to the same means to procure fire arms. Roper indeed resolutely resisted them, but the whole shews that they were acting for one common purpose, namely, that which had been declared by Brandreth and the rest of them at Pentridge before they set out. Then, Gentlemen, are not the two points made out, which are, I say, those only for your consideration. Have not these persons met in hostile array? have they not marched for a considerable distance in regular order, and like a military force? are these things proved? do you believe the witnesses that these things passed? the acts themselves are proved, and are not at