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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    at the Kings Bench Bar, to be too well guarded, efpecially if it be true what hath been fuggefted, that ie hath endeavoured to make his E- 'cape ; that will juftify more than what :he Law allows in other Cafes. Mr. Hunger ford* My Lord, I beg Leave to explain myfel£ what I mean by faying too well guarded, I mean fuf- iciently guarded. L. C. J. Have you any Thing more to offer ? This is nothing but to capti¬ vate the People, and to make ImpreL ions upon them that are not juft, or ilfe what fignifies his Chains being taken >ff this Minute, and afterwards put on igain the next? This is nothing but to )ring the People to have an unjuft Senfe >f the 'Crime with which he is now charged. 1 - Mr. Hutigerford. My Lord, we might \umbly apprehend and hope that the setter to prepare himfelf for his Trial, is might continue without his Chains :ill after that Time. L, C. J. I am of another Opinion, md if we ftiould order his Chains to :>e taken off, and he efcape, I don’t enow but we are guilty of his Efcape* \s your Client hath faid, he fhall have i fair and a juft Trial; but to make 3bjeCtions in Matters of this Nature, s to caft a Reflexion on the Court, for iot doing that which is not in their Power to do. Mr. Hunger ford, I am, my Lord, of ^ounfel with the Prifoner, I have been b appointed by ^your Lordfhip, and I iffure your Lordmip that I, and I dare mfwer for the other Gentleman that s concerned in the fame Service with ne, lhall make ufe of that Power and Privilege you are pieafed to give us, as we ought. Weftminfter, for Htgh-Treafon* $ My Lord, I have read over the Re¬ cord and the Indictment, we have a Copy of both, according to the Di¬ rection of the ACt of Parliament: I know we have at prefent a Right to objeCt to four Sorts of Things, viz* Mifwriting, Mifpelling, falfe or im¬ proper Latin: We are confined to make whatever Objections occur to us on. thefe Heads at this Time, and have not the Liberty to make it afterwards $ but there are likewife fome Objections of another Nature, which we may have Liberty to make at another Time. > : I have here in my Hand the whole Record delivered to the Prifoner, in which, not only the Indictment is fet forth, but the Commiftlon of Oyer and Terminer. After the Commiffion* hath enumerated the Names of the Commif- fioners, it goes on, and fays, what are the Offences that they are authorized to enquire of, as High-Treafon, MiA prifions of Treafon, and other Offences of a lefler Degree $ then it goes on and fays, what the Perfons fhall be, con^ cerning whom this Inquiry fhall be made, Et per quos vel per qtiem> cui vel quibus, quando, qualitcr, & quomodo, £f? de aliis Artieulis £5? Circumftantiis, pra~ mijfa £3? eorum quodlibet feu eorum aliquod Vel aliquai qualitercunqy concernen\ pie- nius veritat1. My Lord, I have look’d into this Form, and confidered the Words with all the Accuracy I can, and have endeavoured to reader them into Englifii but cannot; I muft fay I look upon thofe two Words plenius ve- ritat\ as placed in this Record, to be Nonfenfe, and not capable of being rendered into Englifh, for they import no meaning at all. It is a Blemifh in the Commiffion, and if fo, the Enquiry taken by Virtue of [that Commiffion, C muft