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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    fappofe Seifiend’ is intended to mean, the taking, or laying violent Hands up¬ on his Majefty’s Perfon \ but fure there iras never fuch a Word in any Indict¬ ment before, nor to be found in any Author whatfoever $ ’tis neither Claf- fical Latin, Law Latin, nor to be met with among Littleton*s Barbarifms, ne¬ ver naturalized nor inoculated into an- tient or modern Ufe \ ’tis a meer fictiti¬ ous Word, coin’d for this very Purpofe, without any Precedent, any one Inftance to warrant it. My Lord C^, in his ift Inftit.fol. 17. fays. That the Word Seifitus cometh of the French Word Seifw, axjd that in the common Law ’tis properly applied to Freehold, in Contradiction to Pojfeffio- mtus, which relates to Chattels: For Seifitus and P&jfejfionatus are mentioned as Terms of Art, Technical Words in • the Law, that by long Ufe have acqui¬ red to themfelves one peculiar and de¬ termined Signification 5 for that Reafon I don’t object againft the Word Compaf- favit in this Indictment, it having been always ufed in Indictments of High- Treafon, to exprefs compafiing the Death of the King, ever fince the Sta¬ tute of Edward the Third, fo Mur- dr are, Fe Ionia, are known Terms of Art in the Law- But where cfid they meet with the Word Seifiend* ? And if they would fancy it to be a. Gerund of fome unknown Active Verb, how came they to give it this Senfe, to make it fignify the fame as Capiendum ? My Lord, I rauft beg Leave to fay, that I apprehend the very Gift of this Indictment, £at leaft fo much of it as relates to this Overt-A£t) entirely de¬ pends upon this Word Sefiend*, and if it does appear to your Lordfhip to be infignificant, barbarous, falfe or impro¬ per Latin, I hope we are proper under the Authority of the late Act of Par¬ liament, humbly to infill upon th« Objection, and that it is fuflicient tc overthrow the whole Indictment. My Lord Coke, in Calvin’s Cafe, fay$ that Indictments for High-Treafo* ought to be drawn with the greatefi Accuracy and Nicety $ but if Mr. At¬ torney will pleafe to fhew me, that thi< Word was ever once ufed to this Pur¬ pofe, I will wave my Objection, anc admit it to be as elegant a Word as an) in the whole Indictment. X. C. y. I think before the King’ Counfel make any Anfwer to that, w< had beft have that part of the Indict ment read, that we may the bettei judge of it. - V • '* ' -*• t ’ 5 ■* < • • v •- ■ !f ■ * A *' Clerk of the Crown reads, Shod ti Chriftopherus Layer, &c. at Capiend' Seif end & Imprifonand' ■ 1 . &c. , • X. C. y., Ad Capiend* Imprifo mnd*. Won’t thefe Words do, fup pofe the other Word ad Seifiend* in fignificant ?, Mr. Serj. Pengelly. My Lord, theft Objections have been made with f< much Ceremony, and ufhered in wit! fuch Pomp, as if fomething elfe wa meant, than the quaftiing this Indict ment. ,• .. ■. We apprehend fome of them an improper, and others which may b< proper at this Time, are of no Force. The Objections to the Commiftion we apprehend are improper 5 it is no in the Powfcr of the Court to quail the Commiftion, and therefore tomak< mention of Mifpelling, and of falfe an( improper Latin therein, fignifies no thing. As to the Indictment itfelf, th< Court hath a Power, and if they thinl proper