ascertain whether the said R. E. had actually paid to the said W. S. for, or on account of a certain ship or vessel called the Amazon, tradesmen's bills to the amount of eight thousand four hundred pounds, and upwards, and in particular, whether he the said R. E. had paid him the said W. S. eleven guineas per ton for the hull of the said ship or vessel, and also whether the said W. S. had paid the said R. E. six thousand and seven hundred pounds, and upwards, in cash and bills, on account of the said sum of eight thousand four hundred pounds, and upwards, and also whether there was a balance then due from the estate of the said W. S. to the estate of the said R. E., of one thousand seven hundred pounds, and upwards, and also whether if the said R. E. had been paid the balance of seven hundred pounds, and upwards, he would have gained or lost by the whole transaction between them relative to the ship or vessel. And the said R. E. then and there appeared and was interrogated and examined upon his aforesaid affirmation, by and before the said arbitrators, as to such facts and circumstances. And the jurors, &c. do further present, that the said R. E. being so affirmed, not having, &c. but being moved and seduced, &c. and in no wise regarding the laws of this realm, or fearing the penalties therein contained, then and there, to wit, on, &c. at, &c. upon the said affirmation, by his own act and consent, and upon his aforesaid affirmation, before the said arbitrators, (they the said arbitrators then and there having such power and authority to administer the said affirmation to the said R. E. in that behalf,) (z) did wilfully, falsely, and corruptly affirm, declare, and give in evidence (amongst other things) to the said arbitrators, that he the said R. E. had actually paid for the said ship or vessel called the Amazon, tradesmen's bills to the amount of eight thousand four hundred guineas, and upwards, in particular, that he the said R. E. had paid for him the said W. S. eleven guineas per ton for the hull of the said ship or vessel, and also that, &c. [here state the matter sworn, and assign the perjury as usual.] and so the jurors aforesaid, upon their oath aforesaid, do further present, that the said R. E. (so being one of the people called Quakers as aforesaid) on, &c. at, &c. before the said

(he

the said then and there having full power and authority to administer the said affirmation to the said R. E. in that behalf,) by his own act and consent, did wilfully, falsely, and corruptly affirm, and declare, in manner and form aforesaid, to the great displeasure of Almighty God, in contempt of our said lord the king, and his laws, to the evil and pernicious example of all others in the like case offending,

(z) This seems defective.

and* against the peace of our said lord the king, his crown and dignity.

the C. P. on

aside an a

[*427] Middlesex. That heretofore (that is to say) at the sitting For perjury in at nisi prius, holden after Easter term, in, &c. at Guildhall an affidavit in in the city of L. according to the form of the statute in such showing cause case made and provided, before the right honorable R. P., against a rule lord A., chief justice of the court of our lord the king of the nisi for setting bench at W. certain issues duly joined in the said court of our ward. [a] said lord the king of the bench at W. aforesaid, between one J. C. and one J. B. in a certain plea of trespass on the case in which the said J. P. was plaintiff, and the said J. B. was defendant, came on to be tried in due form of law, and thereupon by consent of all parties, their counsel and attornies, an order or rule of court was then made amongst other things, in substance and to the effect following, (that is to say) that the said cause be referred to the award, order, arbitrament, and final end and determination of W. M. and W. T. or of such person as they should by writing, under their hands nominate and appoint an umpire, to whom all matters in difference, between the said parties were referred, so as the said arbitrators did and should make and duly publish their or his award or umpirage in writing, of and concerning the matters referred, ready to be delivered to the said parties, or to either of them requiring the same, on or before the 28th day of June ensuing, the date of that order, and by the same consent it was also ordered, that the said arbitrators or their umpire, should and might be at liberty, if they or he should think fit to examine the parties to the said suit upon oath, and for that purpose the said parties, and also the witnesses to be examined before the said arbitrators or their umpire, touching the matters referred, might be sworn before the right honorable the lord chief justice, or some other judge of that court, and that the said parties did and should produce before the said arbitrators or their umpire, all books, deeds, papers, and writings, whatsoever, in their or either of their custody and power, relating to the matters in difference, and by the same consent it was also ordered that the costs of the said suit, to be taxed by one of the prothonotaries of that court, should abide the event of the said award, so to be made and published as aforesaid, and that the costs of the reference should be in the discretion of the said arbitrators or their umpire. And by the like consent it was likewise ordered that the said parties did and should, on their respective parts, in all things stand to obey and abide by, perform and fulfil, and* keep the award, order, arbitrament, final end and determination of the said arbitrators or their umpire. And that neither of the said parties did or should bring or pre

[a] This was the indictment a- from the MS. of an eminent crown gainst William Miles, A. D. 1802. lawyer at the bar. 3 E

Crim. Law.

VOL. II.

[*428]

[*429]

sent, or cause to be brought or presented, any suit in equity, against the said arbitrators or their umpire, or against each other. And lastly it was ordered, that either of the said parties should be at liberty to move the said court of common pleas, that that order might be made a rule of the said court, if the said court should so please. And the jurors, &c. do further present, that the said W. M. called W. M. and the said W. T. did not make any award of, or concerning the matters, by the said order or rule referred to them as aforesaid, and that they the said W. M. otherwise called W. M. and the said W. T. did afterwards and before the 28th day of June, in the said order or rule mentioned, duly nominate and appoint one R. S. of, &c. currier, as and to be umpire in the premises, pursuance of the said order or rule in that behalf so made as aforesaid, to whom all matters in difference between the said J. C. and the said J. B. were accordingly referred. And the jurors, &c. do further present, that afterwards and before the said 28th day of June in the said order or rule mentioned (to wit) on, &c. (to wit) at, &c. aforesaid, the said R. S. made his certain award, of and concerning the matters so to him referred as aforesaid, bearing date, &c. last aforesaid, and thereby after reciting as therein is recited, did amongst other things award, arbitrate, and determine that the said J. B. his executors or administrators, should well and truly pay, or cause to be paid to the said J. C. his executors or administrators, on, &c. between the hours of one and three of the clock in the forenoon of the same day, at, &c. the sum of 500l. as damages sustained by the said J. C. by means and on occasion of speaking and publishing the said words in the said declaration mentioned (meaning in the declaration of the said J. C.) against the said J. C. in the said cause which so came on to be tried as aforesaid. And the jurors, &c. that afterwards, (that is to say,) on, &c. the said J. B. made a certain application to the said court of our lord the king of the bench at, &c. for a rule of the said court to call on the said J. C. to show cause to that court why the award made in that cause should not be set aside, and proceedings upon it be stayed; and upon that occasion he the said J. B. upon the affidavits of one W. M. one J. R. one M. W. and himself the said J. B. being read by the said court of our said lord the king of the bench, obtained a rule of the said court of our said lord the king of the bench, against the said J. C. whereby it was ordered that the plaintiff upon notice of that rule to be given to him or his attorney, should show cause to that court on Friday then* next ensuing, why the award made in that cause, should not be set aside, and proceedings upon it stayed. And the jurors, &c. further present, that the said affidavit of the said J. R. contained (amongst other things) that he (meaning himself the said J. R.) was with the defendant (meaning the said J. B.) at the Mitre tavern, at Mitre court,

in Aldgate, on, &c. that he (meaning himself the said J. R.) heard the said Mr. W. M. (meaning the said W. M.) in the said first mentioned order or rule mentioned, say to the defendant (meaning the said J. B.) that he (meaning the said W. M.) had seen plaintiff (meaning the said J. C.) and that the plaintiff (meaning the said J. C.) much wished the cause (meaning the said cause which so came on to be tried as aforesaid, and wherein the said J. C. was plaintiff, and the said J. B. was defendant) to be settled without its (meaning the said cause) going to court and provided it (meaning the said cause) went to arbitration, he (meaning the said J. C. the said plaintiff) did not want any money to be awarded to him by way of damages in the said cause, which so came on to be tried as aforesaid. And the said affidavit of the said J. R. further contained (amongst other things) that he (meaning himself the said J. R.) attended Guildhall in the city of L. on the day appointed for the trial of this cause (meaning the said cause that so came on to be tried as aforesaid) and was present at the conversation that took place between Mr. M. (meaning the said W. M. in the said first order or rule mentioned) Mr. M. (meaning the said W. M.) and the defendant (meaning the said J. B.) and that Mr. M. (meaning the said W. M. in the said first mentioned order or rule mentioned,) stated it was the wish of both Mr. C. (meaning the said J. C. the said plaintiff,) and his friend Mr. T. (meaning the said W. T. in the said first mentioned order or rule mentioned) that the cause (meaning the said cause which so came on to be tried as aforesaid) should go to arbitration, and that Mr. M. (again meaning the said W. M.) suggested the impropriety of such a cause being left to arbitration, and observed to the defendant (meaning the said J. B.) that it was possible the arbitrators might be disposed to award some small damages to which Mr. M. (meaning the said W. M. otherwise called W. M. in the said first mentioned order or rule mentioned) immediately replied that damages were out of the question, that costs were the only thing, that the arbitrators would have to decide. And the jurors, &c. do further present, that the affidavit of the said M. W. contained (amongst other things) that he (meaning himself the said M. W.) was with the defendant (meaning the said J. B.) on Friday the 11th day of this instant June (meaning June now last past,) at the Mitre, in Mitre court, Aldgate, that he (again* meaning [*430] himself the said M. W.) then saw Mr. M. (meaning the said W. M. in the said first order or rule mentioned) and that Mr. M. (again meaning the said W. M.) said to the defendant (meaning the said J. B.) he (meaning himself the said W. M. in the said first order or rule mentioned) had again seen the plaintiff, (meaning the said J. C.) who (again meaning the said J. C.) was desirous of the cause (meaning the said cause which so came on to be tried as aforesaid, and wherein the

And

said J. C. was plaintiff, and the said J. B. was defendant) being settled without going into court, and that if it (meaning the said cause) went to arbitration, no money was expected, (meaning that the said J. C. did not expect any money to be awarded to him by way of damages in the said cause.) the jurors, &c. do further present, that the said W. M. (in the said first mentioned order or rule mentioned) contriving and intending to stop the course of public justice, on, &c. did come in his own proper person into the court of our said lord the king of the bench, at, &c. and did then and there produce to the said court, a certain affidavit in writing of him the said W. M. to be exhibited to the said court for the purpose of discharging the said last mentioned rule, and then and there before the said court was duly sworn, and took his corporal oath upon the holy gospel of God, that the said affidavit of him the said W. M. were true (the said court then and there having a lawful, due, and competent authority to administer the said oath to him the said W. M. and to take and receive the said affidavit of the said W. M.) and that the said W. M. otherwise called W. M. being so sworn as aforesaid, and not having, &c. but being moved and seduced, &c. and not having regard to the laws and statutes of this realm, nor fearing the pains and penalties therein contained, did then and there (to wit) on, &c. at, &c. aforesaid, in and by his affidavit aforesaid, upon his oath aforesaid, before the said court (the said court then and there having a lawful, due, and competent authority to administer the said oath to him the said W. M. and to receive his said affidavit) wickedly, falsely, knowingly, wilfully, and corruptly depose and swear (amongst other things) in substance and to the effect following (that is to say) he (meaning himself the said W. M.) denies that any conversation ever passed between him (meaning himself the said W. M.) and the defendant (meaning the said J. B.) in the presence of the deponents J. R. (meaning the said J. R. who so made his affidadavit as aforesaid) and M. W. (meaning the said M. W. who so made his affidavit as aforesaid) on the contrary, the said deponent White (meaning the said M. W. who so made his affidavit as aforesaid) was not in the room when any conversation [*431] passed (meaning when any conversation* passed between the said W. M. and the said J. B. the said defendant, relative to referring the matters in difference between the said J. C. and J. B. to arbitration,) whereas in truth and in fact the said M. W. who so made his affidavit as aforesaid, was in the room when a conversation passed between the said W. M. and the said J. B. the said defendant, relative to referring the matters in difference between the said J. C. and the said J. B. to arbitration. And the jurors, &c. do further present, that the said W. M. upon his oath aforesaid, in and by his affidavit aforesaid, did falsely, corruptly, knowingly, and wickedly further