against the life of a subject, ought to set forth aed and issue joined. What I shall say (still sufficient certainty of the fact.

denying they are right in time, but to satisfy the gentlemen and mankind) in answer to this objection, is, if it had been made before plea pleaded, there is not the least colour in it, whatsoever signification the word may have, taken abstractedly; if it be a classical word, and was before the invention of priuting, which was but

Mr. Ketelbey. My lord, the last service we can do for our unfortunate client is, to move in arrest of judgment; and if the words inserted in the indictment to set forth the substance, the very gist of the treason, are uncertain, and do not sufficiently denote the offence intended to be charged; this is the proper time, as we ap-four or five hundred years ago, I believe toprehend, to take advantage of that defect. body that is acquainted with the Latin la My lord, this word impressit' is an equivo-guage, but will allow that the usage of two e cal word, of different siguifications, imports several senses in English; and though we should admit that it likewise signifies to print, yet if it equally signifies other things, if no Latin word be added to it to restrain, nor any Anglice' to explain the sense of it, we hope your lordship will not proceed to judgment upon this Indictment; and in this case more especially, since printing is essential to the offence of which the prisoner is found guilty; and some of the significations of this word impressit' are criminal, and others not criminal within this act of parliament: And for this 1 shall only cite the common known case of an action of troverde uno pullo' without any Latin adjective or Anglicè;' there the declaration has been held to be naught, for the uncertainty, even after a verdict; and we apprehend the objection will hold much stronger in an indictment for high treason, and that an Anglicè,' or some other proper Latin word, ought to have been annexed, to pin down the word impressit' to that sense only, which the act of parliament hath made criminal.

But, my lord, I shall beg leave to go a little further, and to observe upon the word 'imprimo,' that it doth not, nor can signify printing at all: 'imprimo' is a classical word, and as such cannot properly signify printing, which is a modern invention, never known in the world till many hundred years after the word 'imprimo' had obtained its just and determinate sense; but if they will have a Latin word for printing, without the assistance of an Anglicè, it must be by such phrases as will import that, and that only; such as the best modern Latinists have made use of to express their sentiments, when they treat of that subject.

This is what we have to offer to your lordship against the word 'impressit,' and hope it will be thought sufficient to arrest the judgment.

Attorney General. My lord, I do not know how this motion comes to be made now, after the opinion given by your lordship. If this he any thing, it is improper Latin; that is, it is not a word proper to denote what is intended to be expressed in this indictment; that is the meaning of this objection, which should have been made before plea pleaded and evidence given, and not moved in arrest of judgment, according to the statute for regulating of trials in cases of high treason: that if the word 'impressit' or 'impressione' is not a proper word to denote printing, which is the amount of this objection, they are not entitled to take advantage of this as improper Latin now after plea plead

three hundred years will give a sanction and signification to any word, though it hath been applied to a fact not at that time used; there fore imprimatur liber' is as much known of all men of literature, or all bodies of literature, to mean that that book shall be printed, as any Latin word whatsoever is known what it means, Let them look into any books licensed by say of the universities, what is it but imprimator by the archbishop? what is it but imprimatur by the secretaries of state, or any other person! Is there any other word made use of but 'im primatur,' when any trial hath been printed by the authority of your lordships the judges, the word is used there; look into a law-book, bave they not seen it signed with the word 'imprimatur' under the authority of all your lordships the judges? What can give more sanction than the opinion of all the judges to the proper use of this word? What other word is there for the denoting of printing? Why, my lord, 'imprimatur libellum,' it is the joining of it to libellum,' diversifies it from any other meaning, however indefinite, or, as they say, equivocal, the word is; it is according to the subject-matter to which it is applied: if to a book, it is to be applied to the printing of that book. Is this the first time this word 'impressit' was ever used in an indictment? I appeal to every record, whe ther ever any other word was used, or Anglicè' put to it, but the subject-matter it was applied to? I say still, they are in the right to do every good office to serve their client; but they have mistaken their season; they are ex cluded by the words of the act of parliament, and the opinion of your lordship. But still I insist, this is the constant opinion of the use and application of this word by men of the law, without making use of any Anglice,' by all men of literature and bodies of literature; if all these experiences can give a sanction to the use of that word, we have that to justify us in making use of the word here.

Serjeant Cheshire. I perceive the gentlemen do not say this is an improper Latin word, be cause they know then this is not a proper time to offer it in arrest of judgment: but, be that as it will, I beg leave to insist upon it, that it is a proper Latin word, and properly applied; and I would beg leave to consider, whether words that may he capable of several significations, when applied to particulars, may not be under stood what they mean, without any Anglicè?" If I mistake not, 'Liber,' that very word, may be capable of four significations: it signifies Bacchus,' it signifies free,' it signifies ‘▲

[1398 book,' and it signifies the bark of a tree.' equally of consequence with this; they do not Now, imprimere hunc librum,' would any pretend that any other proper word was used body think this improper without saying im- by the Romans; although they have used this primere hunc librum, Anglicè this book? ever since the use of printing was found out, Therefore, admitting impressit' could be ca- as the proper word to signify printing. pable of other significations to many purposes, I believe there is not one instance to be yet when it is impressit libellum," it must be shewn, wherever any other word was used to understood to be printing; as when it is im- siguify the printing of a libel. They say, it is primere hunc librum;' they should say they of an equivocal sense, and may mean stamping do not mean a book, but impressit' the bark as well as printing. In this case, as the word of a tree. I think this objection is so contemp-impressit' is coupled with other words, it cantible, that it ought not to have a further an

swer.

not mean stamping impressit libellum.' Is it possible for any press or stamp to signifyin his Anglicanis verbis ?' Therefore, to shew how groundless this objection is, that it is impossible it should have any such meaning, cap a stamp set forth all these English words in the indictment? That he impressit,' therefore, must signify that he printed. My lord, with great submission, we think it is an objection taken merely for the sake of objecting, because driven to the last extremity. As for the instance of 'uno tenemento,' and' uno pullo,' it is not to the purpose; 'pullo' signifies any young, and tenementum' is well known in

Mr. Lutwych. My lord, as to the time, I only beg leave to mention the clause in the act of parliament; that gives him the liberty of having counsel, and copy of the indictment, and several other privileges; therefore, as this Jaw hath given him these privileges, which they had not before, it comes in by way of proviso, and takes away this part of the advantage they had before, that they shall not take advantage of any mis-writing, mis-spelling, false or improper Latin, after plea pleaded and evidence given: so that they are out of time, as they have had the advantage of this act of parlia-the law for a very universal term; therefore it ment, if it depended singly on that matter. As to the notion of the word impressit' being improper, I believe somebody would have lit on this objection before, if any thing in it; for it hath been the constant method to use this word impressit,' to signify printed,' without an Anglicè,' or any thing like it. I believe the precedents are all so. We apprehend it is a very vain objection, and no weight in it; and therefore we hope no regard will be had to it.

becomes necessary to be explained. This word cannot want any explanation. Therefore we hope no regard will be given to this objection; and pray your lordship's judgment against the prisoner at the bar.

Mr. Hungerford. My lord, they object to us, in the first place, that we are improper in point of time as to this objection; that it ought to have been made before the prisoner pleaded or evidence given. And it is further said, that Mr. Reeves. I must agree, that when im- though we were proper in point of time, yet primo' was a Latin word, it was long before there is nothing in the objection itself. As to printing was; but when printing came to be in the time of making this objection, surely, conuse, that Latin words we see have been im· sidering the nature of it, it may be made at any proved; and though they have signified other time. The offence made treason by the act of things, yet when they come to be applied to parliament, is printing: we say, there is no particular circumstances, are improved there-word in the indictment which imports (at least by. Every body knows what that is, when it determines the signification of the word according to the subject-matter. Nothing is more plain than to determine it not to signify any thing but printing, to say per prædict. impressionem,' he declared and affirmed by printing; no other sense can be put on the word but by printing; and since it hath gained that use, no other word is made use of either in legal proceedings or otherwise; and what other word can be applicable to this impressit libellum,' but printing? We humbly hope this is as clear a case as can be. They admit, if we had added an Anglicè,' it would have been proper; I do not know any Anglicè' that would have helped it, taking it to be an improper word: though, as we apprehend, they are not in proper time to make this objection; it should have been before plea pleaded.

Mr. Bootle. Admitting they are in proper season to make this objection (which we apprehend they are not,) there is nothing in the objection. This is the new light that hath sprung up in this cause, The first objection was

necessarily imports) printing; and, if so, then consequently there is no charge of treason before the Court: and surely, it may be at any time urged, that the proceeding is null and void, if there be any fatal error in it whereby to make it so. But the king's counsel seem to have waved this objection as to the impropriety of the time, by going into the nature of the objection itself; and I shall therefore apply myself to what they have said upon that head.

·

Mr. Attorney observed, that the word used in licensing of books is imprimatur,' and that impressit (which is the same verb in the active mood) is the word used in the indictment. I will admit it, that • imprimatur' is used for licensing the printing of books, particularly when books are licensed by the universities (and for my part I wish all books were licensed by them, I am sure there would then be no heresy or trea. sou in them); but generally licences for printing are in English: but that which I offer to your lordship's consideration in this matter is, that though in an university imprimatur,' a loose

bishops and bishops, and to what they do; but, as I take it, their licences are generally signed by their secretaries or chaplains: whether they have any legal authority for the licensing of books, or if it amounts to any thing more than a bare recommendation of the goodness of a book, under the protection of a great name, I cannot tell; and therefore with the utmost deference submit it to your lordship's judgment, whether any weight can be laid on those instances.

The universities have certainly, at this time, a right to licence books printed within their respective jurisdictions, and I believe they gene

signed by the chancellor; but this privilege is of a very late date, it being not many years since books were first printed there. I pray God bless the universities, continue to them their present authority, and increase it: but we must not admit that the modern use of a word, though by those learned bodies, can give such a sanction to the sense of it, as to make it a conclusive answer to our objection.

Give me leave, my lord, to follow him a lit-rally use the word imprimatur,' and it is tle in this criticism. I believe the word liber doth not denote so many different things as the very learned serjeant would seem to intimate. In the very early ages of the world, before writing was a common accomplishment, before vellum, parchment, or paper were found out, people writ upon the inward rinds or barks of trees, which bark was called 'liber;' and, from thence, when parchment or paper was, in af- | ter-ages, writ upon, that was called liber' Mr. Bootle says, it hath been a word used too: the same practice hath likewise given oc- ever since printing was found out, to signify casion that codex' signifies both the bark of a printing, and that no information hath been tree, and a book: as for liber,' free,' it is al-brought for printing a libel, where that word ways used in an adjective sense, and a noun hath not been made use of; but he is not substantive is always exprest or understood. pleased to mention any ancient precedent, And as for 'liber' signifying Bacchus,' the nor any case where this point hath been judiserjeant hath been at dinner, he hath eat and cially determined; indictments for printing drank plentifully, I dined with him, and I find libels were very rare in former times, and are he hath forgot part of the name of Bacchus, scarcely to be met with in the old law books; for he is called Liber Pater,' and not liber' lately indeed they have been more frequent, only, that I remember. but I believe have not always been drawn by But what I insist upon in this matter, my the most skilful hands; and if some mistakes lord, is, if a man were to be charged within them have been past over in silence and stamping of a book or paper; it would be said without an exception taken to them, we hope a that he impressit' the book or paper; and the faulty modern precedent, upon the rolls in the charge against Mr. Dyett for forging the law-crown-office, shall not have more weight with duty-stamp was in those words; and since, by the it than the universities. charge of impressit libellum,' stamping (which is not high treason) may be as well meant as printing, unless explained by an Anglicè;' I humbly hope judgment shall be reversed in

this case.

They are pleased to insist, that we have not the liberty now of making this objection, as being out of time; because, in the point of false and improper Latin, it ought to have been offered before plea pleaded: But, my lord, we must beg leave to put this on a right foot; we do not object it as false and improper Latin; we say there is no offence charged in the indictment: the act of parliament says it must be by printing; if they have used a word that doth not signify printing, the indictment cannot be good, this cannot be high treason; my lord, we submit it to your lordship.

The Judges were all of opinion, that the objection did not come out of time, because they did not take it for false and improper Latin.

Mr. Ketelbey. My lord, I shall be very short in what I am going to say. It hath been insisted on, that the common form of licensing books to be printed, by the judges, archbishops and universities, is by using the words imprimatur liber cui titulus, &c.' If any one instance could have been produced where my fords the judges had used that word in allowing the printing of any books, such a precedent would have stopped our mouth as to this objection; but I have here in my hand a large volume of trials and other tracts, that have been licensed, some of them by the judges, and others by the secretaries of state, and lord mayors; yet the said 'imprimatur' is not used in any one of them.-All these licences are in English, and I do not remember any one law Mr. Hungerford. My lord, there is anobook that was ever licensed by the judges in ther objection, which I humbly take the liberLatin. ty to make it is this; the offence made trea I pay all the respect imaginable to the arch-son by this act of parliament is, that if any per

But all agreed, the word impressit' was very proper to signify printing, as used in the indictment, and that there was nothing in the objection.

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