count, as other an swers. Second [as ante 353*.] And the jurors, &c. do further present, that at signing and upon the said trial of the said issue so joined as aforesaid, perjury on certain other questions became and were material, in substance as follows, (that is to say,) whether the said F. A. stood on the deck of the said ship called the Francis East Indiaman, with his the said F. A.'s arms across, or a kimbo, in an impudent manner, before the said R. B. or not? (that is to say) at the time of the assaulting of the said F. A. whereof he complained against the said R. B. as such defendant in the plea aforesaid. And that he the said W. N. having so appeared, and being so sworn as such witness, as aforesaid, and wickedly devising, and intending, &c. then and there, at and upon the said trial at the said sittings, to wit, on, &c. aforesaid, at, &c. aforesaid, did falsely, wickedly, wilfully, and corruptly say, depose, swear, and give evidence amongst other things in substance and to the effect following, that is to say, that the said F. A. stood, (meaning, stood at the time of the assaulting of the said F. A.) whereof he complained against the said R. B. as such defendant in the plea aforesaid, on the deck of the said ship called the Francis Indiaman, with his (meaning the said F. A.'s) arms across, or a kimbo, in an impudent manner, before the said R. B.; whereas in truth and in fact, the said F. A. did not, at the time of the assaulting of him the said F. A. whereof he complained against the said R. B. stand on the deck of the said ship, called, &c. with his the said F. A.'s arms across or a kimbo, in an impudent manner before the said R. B. And whereas the said F. A. did not at the time in that behalf mentioned, stand on the deck of the said ship, with his, the said F. A.'s arms across, or a kimbo, before the said R. B., and whereas he did not at the time, &c. stand on the deck of the said ship, in an impudent manner, before the said R. B. And so, &c. [as ante 353*.7 [*374] FOR PERJURY AFTER VERDICT OR JUDGMENT. For perjury in af. fidavit That before the making of the affidavit hereinafter mentioned, the goods and chattels of one J. B. had been levied and taken by the sheriff of the county of K. upon and by virtue of a certain writ in opposi- of our said lord the king called a fieri facias, before then sued and sworn in open court rule to be set of merits. (1) prosecuted out of the court of our said lord the king of the bench tion to a at W. in the county of M. upon a certain judgment before then show obtained in the said court, in a certain action at the suit of F. R. cause why against him the said J. B., and thereupon afterwards, on, &c. in a regular judgment Hilary term, in the 45th year of the reign of our said lord the should not king, at, &c. by a certain rule or order of the said court of the aside on bench, at, &c. aforesaid, then and there duly made, it was order- an affidavit ed that the said F. R. upon notice of the said rule to be given to his attorney or agent, should show cause to the said court, on Wednesday then next, why the judgment signed in the said cause, and the proceedings had thereon should not be set aside, and that the sheriff of the said county of K. should retain in his hands the money levied by him under the said writ of execution issued in the said cause, until the further order of the said court. And the jurors, &c. do further present that B. B. late of, &c. [375] gentleman, attorney for the said F. R. the plaintiff in the said action, contriving and wickedly and maliciously intending to aggrieve and injure the said J. B. and to prevent him from obtaining a rule of the said court of our said lord the king of the bench aforesaid, in the said cause for the setting aside the said judgment, and to discharge the said rule so obtained as aforesaid, and to impede and stop the course of public justice, heretofore, to wit, on, &c. contriving and intending as aforesaid, did come in his the said B. B.'s own proper person, into the said court of our said lord the king of the bench aforesaid, at, &c. aforesaid, and did then and there produce to the said court a certain affidavit in writing of him the said B. B. to be exhibited to the said court for the purpose of discharging the said rule so made and obtained as aforesaid, which said affidavit was and is intitled In the Common Pleas, between F. R. plaintiff, (meaning the said F. R.) and J. B. the defendant, (meaning the said J. B.) and the said B. was then and there before the same court duly sworn, and did take his corporal oath upon the Holy Gospel of God, concerning the truth of the matters contained in the said affidavit (the same court having a lawful and competent authority to administer the said oath to the said B. B. and to take and receive the said affidavit of him the said B. B. in that behalf,) and that the said B. B. being so (7) See notes, ante 302* to 318". sworn as aforesaid, not having, &c. but being moved and seduced, &c, and having no regard to the laws and statutes of this realm did then and there, to wit, on, &c. at Westminster aforesaid, in the county aforesaid, in and by his affidavit aforesaid, and by his oath aforesaid, before the said court, the said court then and there having such authority to administer the said oath as aforesaid, and to take and receive the said affidavit as aforesaid, falsely, corruptly, knowingly, wilfully and maliciously did depose and swear as follows, that is to say, B. B. of Clement's Inn, Middlesex, gentleman, attorney for the above-named plaintiff, (meaning himself the said B. B.) maketh oath and saith, that the defendant, (meaning the said J. B.) was served with copy of capias ad respondendum, on the sixth day of December last, returnable in eight days of St. Hilary, viz. 20th of January, that on the 21st of January last, this deponent (again meaning himself the said B. B.) filed the declaration in this cause (meaning the said cause between the said F. R. and the said J. B.) and this deponent (again meaning himself the said B. B.) did cause the defendant (again meaning the said J. B.) to be duly served with notice thereof, and this deponent (again meaning himself the said B. B.) further saith that a plea (meaning a plea in the said action) was demanded on the 25th of January, which expired on the 26th of January, and this depon[376] ent (again meaning himself the said B. B.) saith that on the 30th day of January, in the afternoon this deponent (again meaning himself the said B. B.) signed judgment (meaning judgment in the said action) for want of a plea, and issued out a fieri facias returnable on the morrow of the Purification, and that after this deponent (again meaning himself the said B. B.) had so signed judgment as aforesaid, and issued execution, the defendant's agent's clerk called on this deponent (again meaning himself the said B. B.) to get this deponent (again meaning himself the said B. B.) to consent to a summons for time to plead returnable at six o'clock in the evening of the thirty-first of January, which this deponent (again meaning himself the said B. B.) refused to do and informed him (meaning the said clerk) he had so signed judg ment, and issued his execution, and this deponent (again mean. ing himself the said B. B.) saith that all his proceedings in this cause (again meaning the said cause between the said F. R. and J. B.) were and are regular, and according to the established practice of this honourable court, (meaning the said court of our said lord the king of the bench aforesaid) and this deponent (again meaning himself the said B. B.) lastly saith that he (again meaning himself the said B. B.) accompanied the officer (meaning an officer of the sheriff of Kent, who had before then levied the said debt, under and by virtue of the said writ) and the said defendant (again meaning the said J. B.) there (meaning at the house of the said J. B.) at the time when he the said B. B. was there with the said last-mentioned officer admitted that he (again meaning the said J. B.) was guilty of all the counts in the declaration (meaning the said declaration in the said cause) except that of keeping a setting dog, or to that effect, and further informed this deponent (again meaning himself the said B. B.) that being conscious thereof (meaning the said offences) he (again meaning him the said J. B.) had given his attorney (meaning the attorney of the said J. B.) directions to settle the action (meaning the said action) without delay, and which he (again meaning the said J. B.) imagined he (again meaning the said attorney of the said J. B.) had done and expressed himself (again meaning the said J. B.) much surprised and dissatisfied at finding from this deponent that his attorney (again meaning the said attorney of the said J. B.) had made no overtures or offers of compromise, adding that he (again meaning the said J. B.) had no intention of defending the said action, or to that effect. Whereas, in truth and in fact, the said J. B. did not admit at his said house when the said B. B. was there with the said last-mentioned officer of the sheriff of Kent, or at any other time, that he was guilty of all the counts in the declaration aforesaid (except that of keeping a setting dog) or to that * effect, [*377] in manner and form, as the said B. B. so deposed and swore as aforesaid and whereas, in truth and in fact, the said J. B. did not at his said house, and when the said B. B. was there with the, said last-mentioned officer of the sheriff of K. or at any other time, or in any other place, inform the said B. B. that he had given his the said J. B.'s attorney directions to settle the action without delay, nor did he the said J. B. then and there inform the said B. B. that he the said J. B. had done it in manner and form as the said B. B. so deposed and swore as aforesaid and whereas, in truth and in fact, he the said J. B. did not at his said house, and when the said B. B. was there with the said officer of the sheriff of K., express himself much surprised and dissatisfied at finding from the said B. B. that his the said J B.'s For perjury in an affidavit before a judge of K. B. at chambers, to obtain a rule to ecution, attorney had made no overtures or offers of compromise: and whereas, in truth and in fact, he the said J. B. did not then and there add that he had no intention of defending the said action, or to that effect, in manner and form as the said B. B. so deposed and swore as aforesaid. And so the jurors aforesaid upon their oath aforesaid, do say that the said B. B. on the said, &c. at Westminster aforesaid, in the county aforesaid, before the said court of our said lord the king of the bench aforesaid, the said court having such power and authority as aforesaid, by his own act and consent, and of his own most wicked and corrupt, mind in manner and form aforesaid, did commit wilful and corrupt perjury, 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, and against the peace of our said lord the king, his crown and dignity. London. That before the making of the affidavit hereafter mentioned, to wit, in Michaelmas term, in the twenty ninth year of the reign of, &c. a certain judgment had been, and was, signed in the court of our said lord the now king, before the king himself, (the said court then and still being holden at W. in the county of M.) in a certain cause, wherein T. C. was plaintiff, and set aside a W. D. was defendant, whereby it was considered that the said judgment, writ of ex- T. C. did recover against the said W. D. as well a certain debt of two thousand and forty pounds, as also eighty three shillings, which in and by the said court were adjudged to the said T. C. for his damages, which he had sustained as well by reason of the tody.(m) detaining the said debt, as for his costs and charges by him about his suit in that behalf expended, whereof the said W. D. was convicted, as by the record and proceedings thereof still remaining in the said court of our said lord the king, before the king [*378] himself at W. aforesaid, more fully appears, and which said judgment had been and was so signed upon and by virtue of a certain bond and warrant of attorney, before then made and given by the said W. D. to the said T. C. and that after the signing of such judgment, and before the making of the affidavit hereafter mentioned, the said W. D. had been and was taken and arrested by the sheriff of the county of M. under and by virtue of a certain writ of our said lord the king, commonly called a capias ad (m) See form, 4 Wentw. 281. see notes, ante 302* to 318*. |