case the king against geary indictment while the law proceed be in Latin be to  be read to the prisoner in English error to reverse a attainder of treason in  a indictment at a session of oyer and terminer for levy war in somersetshire  with Monmouth and his adherent and the defendant Adtunc et ibidem to come in  not common with others mask nest et to strive for audit indictament et the  dawn to bring together who bed et hearing to say et who to say quod are et who  be worthy of blame modus c super quo look et per curian hic comprehension  considerate be per the same cur hic quod c upon argument I urge these error  first that though the indictment be in Latin yet they be not to be read to the  prisoner but in English for it be the matter and not the form they must answer  to in other country the prisoner have nothing but a verbal charge against he  and so be the express resolution in sir h vane case side second a man can  plead to a capital crime but in custody and non constat here that he be in  custody there be no entry quod undertaking to be c as the precedent be in mrs  Calais case on a writ of error it be hold to be error because he do not say in  who custody she be but only in custodian general and that be a judgement you  commission of oyer and terminer three there be no arraignment and by the  commonlaw a man ought to be arraign for he may plead misnomer or want of  addition and the like and all the book as shower KB Stamford coke hale and the  rest do all speak of arraignment as necessary for accord to hale a man at the  time of his arraignment ought not to be in iron and as I be inform in Hambdens  case the entry be allocatur quid to dedicate to be able and so be the  precedent in Rastalls entry title pardon statin speak to de premise ei impose  so be coke entry and in the earl of Leicester case Plowden it be in all these  et commit et statin dust ad barram speak to these be all confession too  fourthly there be no speak to before judgement and all the precedent be so and  the law require that of necessity for he may have a pardon to plead or he may  move in arrest of judgement per curian judgement reverse but by dolbin justice  oyer of the indictment be tantamount to a arraignment though for any thing  appear there may only be a copy give as in civil cause and not read in  courtall hold the last to be a fatal exception