bail in court of K. B. in

swearing that the deponent had not been

other per

son. (n)

still being holden at W. aforesaid, in the said county of M. upon his oath, aforesaid, falsely, wickedly, voluntarily, and by his own act and consent did commit wilful and corrupt perjury to the great displeasure of Almighty God, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.

For perjury Middlesex. That on, &c. a certain action was depending in justifying in the court of our said lord the king, before the king himself at W. in the said county of M. between W. P. plaintiff, and W. S. defendant, and that afterwards, to wit, on, &c. at the parish of St. D. in the west, in the ward of F. without, in the city of L., P. F. and J. B. came before sir M. F. knight, then bail for an- and yet being one of the justices of our said lord the king, assigned to hold pleas before the king himself, and they the said P. F. and J. B. by the names and additions of P. F. of St. M. lane, in the parish of St. Martin in the Fields, dealer and chapman, and J. B. of K. H. court, D. lane, cutler, did before the said sir M. F. enter into a recognizance of bail for the said W. S. the defendant aforesaid, in the action above mentioned, at the suit of the said W. P. And the jurors, aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on, &c. the said P. F. late of, &c. labourer, did appear in his own proper person, in the court of our said lord the king, before the king himself at W. aforesaid, in the said county of M. as one of the bail for the said W. S. in the said action, in order to justify himself as such bail, and to be allowed and approved of by the said court, as one of the bail for the said W. S. in the said action, and he the said P. F. was then and there on that occasion, in the court aforesaid, duly sworn, and took his corporal oath upon the holy gospel of God, that he the said P. F. should true answer make to all such questions as should be demanded of him by the said court, the said court then and there having sufficient power and authority to administer the said oath to the said P. F. in that behalf, and that the said P. F. being so sworn as aforesaid, was then and there in the court aforesaid, upon the occasion aforesaid, asked if he (meaning the said P. F.) was not bail for one T. M. at the suit of T. B. to which the said P. F. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, did then and there in the court aforesaid, upon his oath aforesaid, falsely, wickedly, wilfully, and corruptly answer, say, depose, and swear, that he was not, and that the said P. F. being then and there, upon the occasion aforesaid, in the court aforesaid, upon his oath aforesaid, asked this question,

[*333]

(n) See form, 6 Wentw. 424. and the last precedent, and ante 302 to 318. as to the law and form of indict

ment, &c. Quære, if it should not be averred that the questions were material.

Was not you, (meaning the said P. F.) bail for T. M. at the suit of T. B.? he the said P. F. in the court aforesaid, upon his oath aforesaid, to the said last mentioned question did falsely, wickedly, wilfully, and corruptly make this answer, No, I (meaning himself the said P. F.) never was; and that the said P. F. being then and there in the court aforesaid, upon the occasion aforesaid, asked if he was not that bail with J. B. (meaning the said J. B.) for T. M. at the suit of T. B. he the said P. F. did then and there in the court aforesaid, upon his oath aforesaid, to the said last mentioned question, falsely, wickedly, wilfully, and corruptly answer, say, depose, and swear, that he, (meaning himself the said P. F.) never was bail with J. B. (meaning the said J. B.) in other action than this, (meaning the said action then depending between the said W. P. and W. S.) and that the said P. F. was then and there, upon the action aforesaid, in the court aforesaid, asked this further question, Was not you (meaning the said P. F.) bail with B. (meaning the said J.B.) for T. M. at the suit of T.B.? to which said last mentioned question, he the said P. F. did then and there in the court aforesaid, on his oath aforesaid, falsely, &c. answer, say, depose, and swear thus, I (meaning himself the said P. F.) never was bail with B. (meaning the said J. B.) in any other action than this (meaning thereby, that the said P. F. never was bail with the said J. B. in any other action than the said action, then depending in the said court, between the said W. P. and the said W. S.) and the said P. F. being then and upon the action aforesaid, in the court aforesaid, asked this further question, Was not you (meaning the said P. F.) bail for T. M. at the suit of T. B. before any of the judges of this court (meaning any of the justices of our said lord the king, assigned to hold pleas before the king himself,) he the said P. F. did there in the court aforesaid, upon his oath aforesaid, to the said last mentioned question, falsely, &c. answer, say, depose, and swear thus, No, I (meaning himself the said P. F.) never was: and the said P. F. being then and there in the court aforesaid, upon the occasion aforesaid, asked this further question, Was not you, (meaning the said P. F.) bail for T. M. at the suit of T. B. before Sir M. F.? (meaning the said Sir M. F.) then and yet one of the justices of our said lord the king, assigned to hold pleas before the king himself,) he the said P. F. did then and there in the court aforesaid, upon his oath aforesaid, to the said last mentioned question, falsely, &c. answer, say, depose, and swear thus, No, I (meaning himself the said P. F.) never was; whereas, [*334] in truth and in fact, at the time when he the said P. F. did so take his said oath, and answer, say, depose, and swear, in form aforesaid, he the said P. F. had been bail for the said T. M. at the suit of the said T.B. and whereas in truth and in fact, at the time when he the said P. F. did so take the said oath, and answer, say, depose, and swear, in form aforesaid,

For perjury in an affidavit in an in

ferior court

that the defendant had

been attending on a subpœna

when

he was ar

der to ob

he the said P. F. was bail for the said T. M. at the suit of the said T. B. and whereas, in truth and in fact, at the time when he the said P. F. did so take the said oath, and answer, say, depose, and swear, in form aforesaid, he the said P. F. was bail for the said T. M. at the suit of the said J. B. * and whereas in truth and in fact, at the time when the said P. F. so took his said oath, and did answer, say, depose, and swear, in form aforesaid, he the said P. F. had been bail with the said B. for T. M. at the suit of T. B. and whereas in truth and in fact before the said time when the said P. F. so took his said oath, and did answer, say, depose, and swear in form aforesaid, he the said P. F. had been bail for T. M. at the suit of T. B. before the said Sir M. F. one of the justices of our said lord the king, assigned to hold pleas before the king himself; and whereas in truth and in fact, before the said time when the said P. F. did so take his said oath, and answer, say, depose, and swear in form aforesaid, that is to say, on, &c. he the said P. F. did, together with the said J. B. at the parish of St. D. in the west, in the said ward of F. without, in the said city of L. enter into a certain recognizance of bail before the said Sir M. F. knight, then and yet one of the justices of our said lord the king, assigned to hold pleas before the king himself, for T. M. the defendant, in a certain suit, depending in the said court of our said lord the king, before the king himself, between T. B. plaintiff, and the said T. M. the defendant: And so, &c. [conclude as in precedent, ante 320.]

Surry. That the liberty of the mayor, commonalty, and citizens of L. of their town and borough of S. in the county of S. is an ancient liberty; and that within the said liberty there now is, and from time whereof, &c. there hath been a certain ancient court of record of our said lord the king, and his predecessors, kings and queens of England, holden at the courthouse for the time being, within the town and borough aforesaid, and within the jurisdiction of the said court, before the rested in or- steward of the said court for the time being, on Monday in every week, for the trial of personal actions, from time to time arising within the said borough, and within the jurisdiction* of the said court: And the jurors, &c. do further present, that heretofore, to wit, on, &c. in, &c. J. H. late of the parish of, &c. in, &c. salesman, was duly and legally arrested within the town and borough of S. in the said county of S. and within the jurisdiction of the said court by one S. Š. then and still being an officer and minister of the court aforesaid, under and by virtue of a certain writ of our said lord the king, commonly called a capias ad respondendum, before then issued out of the said court, according to the custom of the said court, at

tain his discharge. (6) [*335]

(0) See form 4 Went. 264. see also 1 T. R. 63. ante 329. this precedent contains no averment of the materiality as in 1 T. R. 64.

the suit of one J. S. in a certain personal action before then commenced by the said J. S. against the said J. H. in the said court, according to the custom of the said court, and by the said J. S. alleged to arise within the jurisdiction of the said court. And the jurors, &c. do further present, that after the said arrest and whilst the said J. H. remained in the custody of the said S. S. under and by virtue of the said arrest as aforesaid, that is to say, on, &c. in, &c. he the said J. H. came personally into the said court of our said lord the king of the liberty of the mayor, commonalty, and citizens of the city of L. of their said town and borough of S. in the county of S. aforesaid, then holden at the court-house within the said town and borough, and within the jurisdiction of the said court, that is to say, in the parish of, &c. in, &c. before B. G. esquire, then steward of the said court, and did then and there, that is to say, in the said court so holden as aforesaid, and within the jurisdiction aforesaid, to wit, at, &c.in, &c. in order to be discharged from the said arrest, and from the custody of the said S. S. produce and exhibit to J. T. then and still being prothonotary of the said court, and an officer and minister of the court aforesaid, a certain writing, for the purpose of making the same an affidavit of him the said J. H. and the said J. H. was then and there in due form of law, and in due course of justice sworn, and did then and there, for the purpose of being discharged as aforesaid, take his corporal oath upon the holy gospel of God, by and before the said J. T. (he the said J. T. having sufficient power and authority to administer an oath to the said J. H. in that behalf) of the truths of the matter contained in the same writing, and the said J. H. did then and there swear upon his oath so taken by and before the said J.T. as aforesaid, that the matters contained in the same writing were true, and did thereby make the same writing an affidavit of him the said J. H. And the jurors, &c. do further present, that the said J. H. so being sworn, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, did falsely, wickedly, and corruptly in his affidavit aforesaid, say and swear in these words following, (p) [*336] that is to say, [here set forth the affidavit] as by the said affidavit duly filed in the said court of our said lord the king, will fully appear (9) whereas in truth and in fact, the said J. H. at the time he was so arrested, did not inform the said S. S. the said officer, that he the said J. H. had been attending in obedience to the said subpoena in the said affidavit mentioned, &c. [negative the statements in the affidavit.] And so, &c. [as ante 320.]

Derbyshire, That in the term of Easter, in the fifteenth For perjury

in an affidavit before a

commissioner au

order to dis

year of the reign, &c. to wit, on Saturday next after the morrow of the Ascension of our Lord, a rule was made in and by the court of our said lord the king, before the king himself, thorized to the said court then being held at Westminster, in the county take affida- of Middlesex, for one R.T. to show cause why an information vits, made in in the nature of a quo warranto should not be exhibited against charge a rule him, to show by what authority he claimed to be a burgess or to show freeman of the town and borough of Derby. And the jurors, cause why an &c. further present, that S. C. late of the town and borough of in nature of Derby, in the county of Derby, esquire, wilfully devising, contriving, and intending to pervert the due course of law and ranto should justice, and to cause and procure the said rule, so made by the not issue. (") said court to be discharged against all truth and justice, after

information

a quo war

wards, to wit, on, &c. at, &c. in his proper person came before J. J. gentleman, then being one of the commissioners of our said lord the king, duly authorized and empowered to take affidavits in the said court of our said lord the king, before the king himself; and the said S. C. did then and there take his corporal oath, and was in due manner sworn upon the holy gospel of God, before the said J. J., he the said J. J. then and there having a lawful and competent authority to administer an oath to the said S. C. in that behalf. And the jurors, &c. do further present, that the said S. C. being so sworn as aforesaid, and not having, &c. but being, &c. and entirely disregarding the laws and statutes of this realm, and the pains and penalties thereby provided against wilful and corrupt perjury, then and there, to wit, on the said, &c. at, &c. aforesaid, before the said J. J. falsely and maliciously, wickedly, wilfully, and corruptly, did say, depose and swear, and make affidavit in writing, amongst other things, to the effect and substance as followeth, that is to say, that he, &c. [here set forth the affidavit as in 4 Went. 253, in which defendant swore [*337] as to belief to some facts.] As the said S. C. had heard and did believe, as by the said S. C.'s affidavit in writing, and remaining filed in the said court of our said lord the king, before the king himself at Westminster aforesaid, more fully appears; whereas, in truth and in fact, the said S. C. at the time of making the said affidavit, well knew that, &c. [negative the truth of the oath and conclude.] And that the said S. C., at the time of making his said affidavit, well knew the same. And so, &c. [as ante 320.]

For perjury

Kent. That R. W. late, &c. being a person of a wicked in an affida- mind, and turbulent disposition, &c. at, &c. in his own proper before a com- person, together with one A. L., came before W. T. gentleman,

vit, sworn

(r) Sce form, 4 Wentw. 253, and ante 302 to 318. The defendant was acquitted, and in a subsequent action

for malicious prosecution recovered 5001. damages, 4 Wentw. 256. notes.