moved and seduced, &c. being so sworn as aforesaid, did upon his said corporal oath, before the said justices of our said lord his king, so having such sufficient and competent power and authority as aforesaid, falsely, wickedly, wilfully, maliciously, and corruptly, say, depose, and swear, amongst other things, in substance and to the effect following, that is to say, that, &c. [state a part of what was sworn with proper innuendoes, and assign the perjury, and conclude as in the first count.]

[*443] *INDICTMENTS FOR PERJURY IN CRIMINAL CASES, IN PROCEEDINGS BEFORE TRIAL.

For per

a justice

of the peace in

swearing that the prosecutor had assaulted

That A. B. late of, &c. wickedly and maliciously devising and jury before intending unjustly to vex and aggrieve one C. D. and to subject him to the punishments, pains, and penalties by the laws of this realm provided for persons guilty of felony, theft, and larceny, and breach of the peace, on, &c. at, &c. came in his own proper person before E. F. then and yet one of the justices of our said lord the now king, assigned, &c. [as ante 182*.] and then and dant and there was sworn and took his corporal oath upon the Holy Gospel taken from of God, before the said E. F. the justice aforesaid, (he the said note and E. F. then and there having competent authority to administer the money. (*) said oath to the said A. B. in that behalf,) and that the said A. B.

the defen

him a bank

being so sworn as aforesaid, and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, then and there before the said E. F. (he the said E. F. hav[444] ing competent authority to administer the said oath as aforesaid) upon his oath aforesaid, upon a certain information intituled,— "Gloucestershire, to wit. The information of A. B. of, &c. surgeon and apothecary, (meaning the said A. B.) taken this thirtieth day of September, 1788, before me (meaning the said E. F.) one of his majesty's justices of the peace in and for the said county;" falsely and maliciously, wilfully, and corruptly did say, depose,. swear, and give information in writing, to the purport and effect following, that is to say, this informant (meaning the said A. B.)

(*) See 4 Wentw. 244. See precedents, ante 431* to 440*. and notes ante 302 to 318*.

upon his (meaning the said A. B.'s) oath, saith, that on, &c. (meaning the then month of September) between four and five of the clock in the afternoon, he (meaning the said A. B.) went to the dwelling-house of Mr. T. M. called or known by the name of the Prince and Princess in Tetbury aforesaid, (meaning Tetbury in the said county of Gloucester) and went into the room of the said house (meaning the said room in the said house of the said T. M.) where an auction was then held, and that in about four or five minutes after he (meaning the said A. B.) entered the said room in the aforesaid house, (meaning the said room in the said house of the said T. M wherein the said auction was so then held as aforesaid,) C. D. of T. aforesaid, attorney, (meaning the said C. D.) came behind him this informant, (meaning the said A. B.) and took him (meaning the said A. B.) in his (meaning the said C. D.'s) arms, and dragged him (again meaning the said A. B.) to the outside of a door to the aforesaid room, (meaning the said room in the said house of the said T. M.) that leads into a yard belonging to the aforesaid house, (meaning the said house of the said T. M.) and that when he this informant (meaning the said A. B.) was upon his (meaning the said C. D.'s) knees, just without the door aforesaid, and room aforesaid, (meaning the said door and the said room in the said house of the said T. M.) struggling with him the said C. D., this informant (meaning the said A. B.) further upon his (meaning the said A. B.'s) oath, saith, that the said C. D. put his (meaning the said C. D.'s) right hand into the breeches pocket of him this informant, (meaning the said A. B.) and took thereout (meaning out of the said breeches pocket of the said A. B.) a Bath bank-note of five guineas value, three guineas in gold, two lancets and a case the said lancets were in, and some silver. Whereas, in truth and in fact, he the said C. D. did not come behind him the said A. B. and did not take him the said A. B. in his arms and drag him to the outside of the door aforesaid, or in any other manner take or drag him the said A. B., and whereas in truth and in fact, on Monday the eighth day of September, 1788, or at any time whatsoever, he the said A. B. was not upon his knees just without the door aforesaid, and room aforesaid, struggling with him the said C. D.; and whereas in [*445] truth and in fact, on, &c. or at any other time whatsoever, the said C. D. did not put his right hand, or his other hand, into the breeches pocket, or any other pocket, of the said A. B., and did

[*449]

For perjury in an

swers to

tories in

not take thereout a Bath bank-note, or any other bank-note, or any other note of any other value, or three guineas in gold, or two lancets, or a case in which the said lancets were in, or some silver, or any or either of them, or any part thereof; and whereas in truth and fact, the said C. D. did not take any property whatsoever of the said A. B. from him in manner aforesaid, or in any other manner, that is to say, at, &c. aforesaid. And so, &c. [as ante 439*.]

* Middlesex, to wit. The jurors for our lord the king upon their oath present, that heretofore, to wit, on Saturday next after the octave of Saint Hilary, in the thirty-fourth year of the reign interroga- of our sovereign lord George the third, now king of Great BriK. B. (7) tain, and so forth, in the court of our said lord the king, before the king himself, (the same court then being at Westminster, in the said county of Middlesex) one Matthew Cunningham, (he the said M. C. then being present in the said court of our said lord the king, before the king himself) was sworn and took his cor. poral oath upon the Holy Gospel of God, to make true answers to all such interrogatories as should be exhibited to him in the said court, (touching a contempt supposed to have been by him committed against the said court) the said court then and there having a lawful and competent power and authority to administer such oath to the said M. C. and thereupon certain interrogatories in writing were then and there exhibited to the said M. C. according to the course and practice of the said court, to be answered by him the said M. C. of which said interrogatories the fourth, fifth, sixth, seventh, eighth and last are to the tenor and effect following, that is to say, fourth interrogatory, Were you, &c. fifth interrogatory, Did you, &c. sixth interrogatory, Did you, &c. seventh interrogatory, Did you, &c. as by the said fourth, fifth, sixth, seventh, eighth and last interrogatories remaining of record in the said court of our said lord the king, before the king himself, at Westminster aforesaid, in the said county of Middlesex, may more fully appear. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said M. C. late of the parish of Saint Clement Danes, within the liberty of Westminster, in the said county of Middlesex, gentleman, afterwards, that

(1) This was the indictment against Cunningham, A. D. 1794, from crown office, ante notes 302" to 318".

is to say, on the said Saturday next, after the octave of Saint Hilary, in the thirty-fourth year aforesaid, was duly examined in the said court of our said lord the king, before the king himself, at Westminster aforesaid, in the said county of Middlesex, according to the usage and custom of the said court, upon the said interrogatories, and did then and there (not having the fear of [*450] God before his eyes, but being moved and seduced by the instigation of the devil) falsely, wilfully and corruptly say, depose, swear and answer in writing upon his oath to the said fourth, fifth, sixth, seventh, eighth and last interrogatories, in these words, that is to say, &c. [here set out the answer with proper innuendoes.] whereas in truth and in fact, the said M. C. &c. [negative the facts contained in the answer.] And so the jurors aforesaid, now here sworn and charged to enquire for our said lord the king, and for the body of the said county, upon their oaths aforesaid, do say that the said M. C. on the, &c. at Westminster aforesaid, in the said county of Middlesex, in the court of our said lord the king, before the king himself, at Westminster aforesaid, in the said county of Middlesex, the said court then and there having a lawful and competent power and authority to administer the said oath to the said M. C. in that behalf as aforesaid, did falsely, wilfully and corruptly in manner and form aforesaid, commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, and to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity.

That at the general quarter sessions of the peace of our said For perjury in an lord the king holden at the Guildhall of the city of Westminaffidavit of ster, in and for the liberty of the dean and chapter of the colle- the service of notice giate church of Saint Peter, Westminster, in the city, borough to try a and town of W. in the county of M. on, &c. before, &c. others traverse. (m) their fellows, justices of the said lord the king, assigned to keep the peace of our said lord the king, in and for the liberty aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanours committed in the said liberty, a certain indictment or prosecution of J. S. was prosecuted and found

(m) From the MS. of a gentleman at the bar, see notes ante 302* to 318.

against W. J. for a certain assault therein alleged to have been committed by the said W. J. on the said J. S. And the jurors, &c. that afterwards and before the trial of the said indictment, to wit, at the general quarter sessions of the peace of our said lord the king, holden at the Guildhall of the city of Westminster, in and for the liberty of the dean and chapter of the collegiate church of St. Peter, Westminster, in the city, borough and town of Westminster, in the county of Middlesex, aforesaid, on &c. before, &c. and others their fellows, justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the said liberty, and also to hear and determine [*451] divers felonies, * trespasses and misdemeanours committed in the said liberty, A. B. late of, &c. came in his proper person into the court of the same sessions, and then and there did produce and exhibit to the said court a certain affidavit in writing of him the said A. B. with a certain notice thereunto annexed, which said notice was and is as follows, to wit, "The king on the prosecution of J. S. against W. J. for an assault. Mr. J. S. Take notice that I shall attend at the next quarter sessions of the peace for the city and liberty of Westminster, to be holden at the Guildhall in King's Street, Westminster aforesaid, on, &c. by nine o'clock in the forenoon of the same day, then and there to try my traverse upon the indictment preferred by you against me for an assault, dated, &c. Yours, &c. W. J. the above-named defendant.— Witness, A. B." And which said affidavit was and is entitled as follows, to wit, City and liberty of Westminster aforesaid, to wit, The king on the prosecution of J. S. (meaning the said J. S.) against W. J. (meaning the said W. J.) for an assault, and the said A. B. then and there in the said court was 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 said court then and there having sufficient and competent power,, &c. and to take and receive the said affidavit of him the said A. B. in that behalf. And the jurors, &c. do further present, that A. B. being so sworn as aforesaid, and not having, &c. but being moved and seduced, &c. and not regarding the laws and statutes of this realm, nor fearing the pains and penalties therein contained, and contriving and intending as far as in him lay, to hinder and obstruct the due course of public justice, and