By the statute 36 E. 3. all pleas of the Crown ought to be in Latin; then those general words extend not to witchcraft in particular; ergo it is bad.
Lamb's case, 1 N.C. 156, 1 Mart. 156 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 156, 1 Mart. 156
*Lamb’s case.
Trin. 2 Car.
LAMB was indicted for forcery and witchcraft. Athow, Serj. took this exception to the indictment, that it was quod exsrcuit quasdam malas, execrabiles et diabolicas artes (anglice) witchcraft; which cannot be, for there is no Latin word signifying witchcraft—and the law of indictments is curious, (nice.)
concurred, if a man be indicted quod murdravit quendam hominem, (viz.) I. S. it is bad. There is no Latin word here, signifying in English, witchcraft.
assented, If there be no Latin word signifying witchcraft, one shall be framed, as tenementum, anglice, a gun. But incantation, &c. are proper words.
And the indictment was quashed. Kel. 3. plac. 13, Jones 143. Noy 85. Bendl. 185.