that behalf, to the great damage of the said R. H., to the evil example, &c. and against the peace, &c. That A. B. late of, &c. and continually afterwards, until the Against a day of exhibiting this information (or until the day of the taking extortion this inquisition, if by indictment), was and yet is keeper of the in office, and per. prison of our said lord the king, of · -, at, &c. in the county mitting an of, and the office of keeper of the said prison at the parish escape. (a) aforesaid, in the county aforesaid, during the whole of the time aforesaid, took upon himself, exercised, and had, and still undertakes, exercises, and has; yet the said A. B. not regarding the duty of the said office, but abusing the trust in him reposed, and contriving and intending the liege subjects of our said lord the king, for his private gain, to oppress, impoverish, and greatly harass, and the due execution of justice, as much as in him lay to retard and obstruct, on, &c. at, &c. under colour of his office, as keeper of the said gaol, unlawfully, unjustly, and extorsively did exact, obtain, and have, and into his hands and custody receive from one E. O the sum of 2s. 4d. for charging onę A. H. esquire, then a prisoner in the said prison, and in the custody of him the said A. B. with an action for 2001. prosecuted at the suit of him the said E. O. and that he the said A. B. on, &c. at, &c. † under colour of his office as keeper of the said gaol, unlawfully, unjustly, and extorsively did exact, receive, and have, and into his hands and possession obtain from one H. M. two pieces of gold, commonly called guineas, each piece thereof being lawful money, &c. and of the value, &c. † † for ease and favour, to and for relieving and releasing one B. D. from his irons, he the said B. D. then and there being a prisoner in the said gaol, and in the custody of the said A. B. detained for a felony and murder, before then, by the said B. D. supposed to have been committed, and that the said A. B. on, &c. at, &c. [as before from † to † †] for the discharging of the said P. P. from the said prison, out of the custody of the said A. B. although in truth and in fact no such sum was due to the said A. B. upon such discharge. And whereas also one I. T. and T. K. on, &c. at, &c. in the night of the said day had been taken and apprehended by one T. H. then constable of the said last mentioned parish, then and there being upon his watch, as malefactors, night walkers, and suspicious persons, and (a) Trem. P. C. 111. Starkie, 588, see form, ante 293*. note (u) by the said constable had been there taken and conveyed to the said prison, and committed and delivered into the custody of the said A. B. by him in the same prison, to be safely kept until the [*298] *said persons so taken and committed at a convenient time, the next day, could be taken before some justice assigned to keep the peace of our said lord the king, within the county aforesaid, to be examined and dealt with according to law, and that he the said A. B. then and there had and detained the said I. T. and T. R. in the said prison, in his custody, and then and there undertook to keep them in manner and for the end aforesaid, yet the said A. B. afterwards and before the said I. T. and T. K. had been or could have been brought before any justice, to wit, on, &c. at, &c. voluntarily and unlawfully, and without any legal warrant or authority, discharged and dismissed the said I. T. and T. K. out of his custody, by means whereof the said malefactors escaped without punishment, contrary to his duty in the execution of the said office, to the great scandal, disgrace, and obstruction of justice, to the great damage, grievance, oppression, and ruin of many of the subjects of our said lord the king, and against the peace, &c. servant of the market for extor tion. (6) [*299] *That E. R. late of, &c. on, &c. at, &c. aforesaid, under colour Against a of being servant and agent to T. R. and C. P. esquires, clerk of a clerk of the market of the household of our said lord the king, unlawfully, unjustly, and extorsively did demand, receive and have of one W. C. the sum of fourteen pence, of lawful money of Great Britain, for and as a fee for examining, marking and sealing of five quart pots made of pewter, seven pint pots made of pewter, and two half-pint pots made of pewter, whereas in truth and in fact, there was then no such fee due to the said T. R. and C. P. the said clerk of the market of the household of our said lord the king in that behalf, to the great damage and oppression of the said W. C. and against the peace, &c. Against a That D. S. late of, &c. labourer, otherwise called G. S. late of toll collec- the same, labourer, by colour of being collector and receiver of tortion. (c) the monies and tolls at a certain turnpike or toll-bar gate, situate tor for ex (b) See precedents, Cro. C. C. 7th Ed. 355. 2 Starkie, 586. The corresponding precedent in Cro. C. C. 8th Ed. 193. is an indictment against the clerk himself, and omits the allegation "by colour," &c. see also ante 293*. note (u). (c) On this indictment defendant was convicted, A. D. 1807. in, &c. aforesaid, on, &c. with force and arms, at, &c. aforesaid, unlawfully, extorsively and deceitfully, and of his own wrong extorted, exacted, asked, demanded, received and had of one A. S. spinster, the sum of three shillings and sixpence, for two horses, that is to say, one shilling and ninepence for each of two horses then and there drawing a certain carriage belonging to J. S. of, &c. esquire, for permitting the same to pass through the said turnpike or toll-bar gate, under colour and pretence that the said J. S. had neglected to take and did not then and there leave with him the said D. S. otherwise G. S. such a note or certificate as is required for post horses hired for two days or more, by a certain act of parliament passed in the 25th year of the reign of our said lord the king, intituled, &c. whereas in truth and in fact the said two horses then * and there used by him the said J. S. were not [*300] horses for which such note or certificate as in the said mentioned act specified, was required, nor was any such note or certificate necessary to be taken for the same, to the evil example, &c. and against the peace, &c. two collectors of extorting of their office. (d) That on, &c. J. A. late of L. in the borough aforesaid, linen- Against draper, and W. B. late of L. aforesaid, in the borough aforesaid, grocer, there being collectors of several sums assessed upon the taxes for inhabitants of a certain liberty called L. upper division within the money unborough aforesaid, mentioned and expressed in a certain assess- der colour ment made and confirmed in pursuance of a certain act of parliament made in the first year of the reign of our said lady the now queen of England, &c. entituled, "An act for granting an aid to her majesty by divers subsidies and a land-tax ;" the said J. A. and W. B. on, &c. at, &c. aforesaid, in the borough aforesaid, by colour of the office aforesaid, unlawfully, extorsively, and deceitfully, and of their own wrong exacted, received and had of one T. C. then of L. aforesaid, in the borough aforesaid, (being not assessed at all by virtue of the act of parliament aforesaid) the sum of four shillings, under colour and pretence that he the said T. C. had been assessed under the said act, and was then and there liable by virtue of such assessment to pay to them the said sum, and that the said J. A. and W. B. the same sum of four shillings (d) See form, Cro. C. C. 8th Ed. 195.3 Ld. Raym. 61. ante 293*. note (u). so as aforesaid, of the said T. C. unlawfully, extorsively, and deceitfully exacted, received and had and to the proper use of them the said J. A. and W. B. then and there unlawfully, injuriously, and deceitfully converted, whereas in truth and in fact the said T. C. had not been assessed under the said act, nor was liable to pay any sum of money whatsoever to them the said J. A. and W. B. as such collectors as aforesaid, or otherwise howsoever, to the great damage, &c. to the evil example, &c. and against the peace, &c. * CHAPTER IX. [*302] OF INDICTMENTS FOR PERJURY AT ČOMMON LAW, AND ON STATUTE 5 ELIZ. c. 9.; FOR SUBORNA- PRELIMINARY NOTES AS TO THE OFFENCE, PROCESS, INDICT- 1. AT COMMON LAW. common AS to the offence. Perjury at common law is defined to be "a Offence of wilful false oath by one who being lawfully required to depose perjury at the truth in any judicial proceeding, swears absolutely in a matter law. material to the point in question, whether he be believed or not," Hawk. b. 1. c. 69. s. 1. In order, therefore, to constitute the legal guilt of perjury the oath must be false, the intention wilful, the proceedings * judicial, the party lawfully sworn, the assertion ab- [*303] solute, and the falsehood material to the matter in question. 1st. The oath must be false. By this it is intended that the party must believe that what he is swearing is fictitious; for if, intending to deceive, he asserts that which may happen to be true, without any knowledge of the fact, he is equally criminal, and (a) As to this offence in general, see 3 Inst. 163 to 168. Hawk. b. 1. e. 69. Com. Dig. Justices of Peace, B. 102 to 106. Bac. Ab. Perjury, 4. Bla. Com. 137 to 139. Burn, J. Perjury. Williams, J. Perjury. Dick. J. Perjury. This is one of the greatest VOL. II. U and most immediate offences against |