The tryal of Christopher Layer, Esq; at the King's Bench Bar, Westminster, for high-treason, Nov. 21. 1722. Mich. 9 Geo. I.

  • Layer, Christopher, 1683-1723.
Date:
MDCCXXXV. [1735]
Catalogue details

Licence: Public Domain Mark

Credit: The tryal of Christopher Layer, Esq; at the King's Bench Bar, Westminster, for high-treason, Nov. 21. 1722. Mich. 9 Geo. I. Source: Wellcome Collection.

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    Lords the Judges, now prefent, con¬ curred in that Refolution. Where¬ fore, if we have no Authority to com¬ bat with, but the Authority of that Book, which hath been folemniy de¬ nied to be a good Authority, we hope this Objection ihall Hand. My Lord, as to the Word Chrifto- pherus, without doubt the Etymology of the Word is as Mr. Ketelbey hath opened; and there is this further to juftify that way of Spelling which we contend for, even the two firft Sylla¬ bles of the Word in the Indictment are Chrifto, as the Greek with an 0, and not Chriftu ; and in Conformity with the Greek Spelling in the two firft Syl¬ lables of the Word, we hope the next Syllable muft be fpelt fo too : But fince it is contended, that the Sub- ftance of this Objection muft be put into a Plea in Abatement, we Ihall wait the Direction of the Courtras to that Matter. As to the Words compajfavit, maginatus fuit & intendebat, there is fomething in that Objection too, they all relate to a Time paft, but they are in different Tenfes or Times; there is the Preterperfecl and Yreterimperfedl Tenfe, and there is the Conjunction Copulative between them, as if both Tenfes implied the fame Times, which it is certain they do not, and there¬ fore they Charge nought ; for a Thing cannot be done lately and formerly, and both at the fame Time. As to the other Words ad capiend\ feifiend’ & imprifonand\ we are upon the Forms of an Indictment, and muft be governed by the ufual Forms: I believe there is no Inftance on Record, where thefe Words are made ule of in any Acculation of this Kind 5 for which Reafons we humbly hope this Indictment Ihall be quafh’d. Mr. Ketelbey. My Lord, I beg Leave to offer, a Word or two by way of Reply: Mr. Serjeant Pengelly is plea fed to fay, that Senfe may be made of thele Words, and that plenius verita- tem as it is, is good Latin, by lifting thefe Words from the Bottom of the Sentence to the Top, and making them follow ad inquirendum. I believe four Parts in five of the Caption interfere between the inquirendum and the pie- nius verita tem, a whole Catalogue of Offences, feveral independent Sentences, different Times, Perfons, Places, Things all ftationed between, and yet thefe Words are to be united: I would be glad to know by what Rule of Gram¬ mar this can be done. As to the Word Chriftopherus, I (ball not further infill upon that as a pro¬ per Objection under this Head, be- caufe your Lordfhip feeins to be of an Opinion that we ought to have pleaded it in Abatement. As to the Word feifiend\ it hath been faid it is a Word well known - in the Exchequer, but they don’t fliew onelnftance where-ever it was ufed.: Indeed they mention a Precept to the Sheriff feiftre facias, and the Return feiftri feci, but what is that to feiftden- dam ; the one is juftified by Ufage; the feifitus as feiftri, befides feiftri is there ufed in the very fame Senfe which the Law hath impofed upon it; it is to be put into Poffeftion, the Lands are fo delivered by the Sheriff into the Hands of the King, that he becomes feized thereof, ut de feodo £5? in jure Corona, till an Amove as vuinus be ob¬ tained : Jkn if ever that Word was put into any-Indictment to figmfy tofeize E and