of ten shillings to the said E. F. to make up the prosecution for the said felony. And so, the jurors aforesaid now here sworn and

giving evi

the trial of

ment for

mayor, re

at the ses

London.

(x)

* charged to inquire for our said lord the king for the body of the [*465] said county upon their oath aforesaid, do say that the said A. B. at the said general quarter sessions of the peace so holden at Pontefract aforesaid, in and for the said west riding of the county aforesaid before the said justices, did in manner and form aforesaid commit wilful and corrupt perjury, [as ante 464. Lon. Ed.] &c. That at the general quarter session of the peace of our lord the For perjury in now king, holden for the city of London, at the Guildhall of and within the said city, on, &c. before J. W. esquire, mayor of the dence on said city, T. G. esquire, serjeant at law, recorder of the said city, an issue on W. P. and J. H. esquires, two of the aldermen of the said city, an indictand others their fellows, justices of our said lord the king assign- an assault ed, &c. [as ante, 182*.] one C. D. by the name and addition of, before the &c. was in due form of law tried upon a certain indictment, then corder, &c. and there depending against him by a certain jury of the country, sions in then and there duly sworn, and taken between our said lord the Guildhall, king, and the said C. D. in that behalf, for that he the said E. F. on, &c. [Here recite the indictment which in this case was for a common assault.] And the jurors, &c. do further present, that upon the trial aforesaid, A. B. late of, &c. did then and there appear as a witness for and on behalf of our said lord the king against the said C. D. and that he the said A. B. did then and there in open court, within the Guildhall aforesaid, before the said justices of our said lord the king above named, take his corporal oath, and was duly sworn upon the holy gospel of God to speak the truth, the whole truth, and nothing but the truth, touching and concerning the premises aforesaid (they the said justices then and there having sufficient and competent power and authority to administer the said oath to the said A. B.) And the jurors, &c. do further present that at and upon the said trial certain questions then and there became and were material, that is to say, whether [here set out the questions upon the answers to which perjury is meant to be assigned] and that the said A. B. being so sworn as aforesaid not having, &c. but being moved and seduced, &c. and wickedly devising and intending to pervert the due course of law and justice, and to cause the said C. D. to be unjustly convicted of the trespass and assault charged and supposed against him, in

(x) Cro. C. C. 362. and ante 302* to 318*.

and by the said indictments, did then and there, to wit, on, &c. that is to say, at the parish of Saint Michael Bassishaw, in the ward of Bassishaw, in London aforesaid, upon the said trial before the said justices of our said lord the king, in open court, within the Guildhall aforesaid, upon his oath aforesaid, falsely, knowing[*466] ly, wickedly, wilfully, and corruptly, by his own act and consent, say, depose, and give in evidence among other things to the jurors of the said jury of the country, so sworn and taken between our said lord the king and the said H. W. as aforesaid, in substance and to the effect following, that is to say, that on, &c. [here set out so much of the evidence as can be proved to be false, and the averments to falsify] and so, &c. [as ante 464*, 5*.]

[*470]

(y)

* INDICTMENTS FOR PERJURY-IN CRIMINAL

PROCEEDINGS, AFTER TRIAL.

For perThat heretofore, to wit, in-term, in, &c. a certain indictment jury in an affidavit in then before in duc manner found against one T. E. by the name K. B. in and description of T. E. late of, &c. was depending in the court mitigation of punish of our said lord the king, before the king himself, at Westminment after ster, and that in and by the said indictment, it was charged that conviction. the said T. E. late of, &c. [set out the indictment which in this case was for having naval stores in possession without authority] and the jurors, &c. do further present, that such proceedings were thereupon had that a certain issue joined on the said indictment between J. T. esquire, coroner and attorney of our said lord the king, in the court of our said lord the king, before the king himself, who for our said lord the king in that behalf prosecuted, and the said T. E. in the same court afterwards, to wit, on, &c. at, &c. before Sir W. H. A. knight, one of the justices of our said lord the king, assigned to hold pleas before the king himself and Sir B. H. knight, one of the barons of our said lord the king, of his court of Exchequer, came on to be tried, and then and there was tried by a certain jury of the country in that behalf duly

(y) This was the indictment against Roger Prout, in K. B., Trin. T. 35 Geo. III. from crown office,

see 4 Wentw. 260. and notes ante. 302 to 318*.

taken, and the said T. E was then and there convicted and found guilty by the said jury, of the premises in the said indictment, specified and charged upon him in manner and form as in and by the said indictment it was alleged against him, and the jurors, &c. do further present, that R. P. late of, &c. being a wicked and evil disposed person, and unlawfully and unjustly contriving and intending contrary to truth and justice, to induce and cause the said court of our said lord the king, before the king himself at Westminster, to mitigate the punishment of him the said T. E. * for [*471] his offences aforesaid, and to defeat the ends of justice afterwards, to wit, on, &c. at, &c. in his own proper person appeared before Sir N. G. knight, then and yet being one of the justices of our said lord the king, assigned to hold pleas before the king himself, and the said R. P. then and there was sworn and took his corporal oath upon the Holy Gospel of God, before the said Sir N. G. (he the said Sir N. G. then and there having sufficient power and competent authority to administer an oath to the said R. P. in that behalf) and that the said R. P. being so sworn, and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and unlawfully and unjustly contriving and intending as aforesaid, on the said, &c. at, &c. aforesaid, before the said Sir N. G. upon his oath aforesaid, did falsely, maliciously, wickedly, wilfully, and corruptly say, depose, swear, and make affidavit in writing, to be exhibited and read, and which afterwards, to wit, on, &c. was exhibited and read in the said court of of our said lord the king, before the king himself, at Westminster, when he the said T. E. was brought into the said court to hear and receive the judgment of the said court for his offences aforesaid, amongst other things in substance, and to the effect following, that is to say, &c. [here set out the affidavit with innuendoes] whereas in truth and in fact, &c. [assign the perjury as usual.] And so the jurors, &c. do say that the said R. P. on the said, &c. at, &c. aforesaid, upon his oath aforesaid, before the said Sir N. G. (he the said Sir N. G. then and there having competent and sufficient power and authority to administer the said oath to the said R. P. in that behalf as aforesaid) did falsely, maliciously, wickedly, wilfully, and corruptly, commit wilful and corrupt perjury, to the great displeasure of Almighty God, to the great perversion of public justice, to the evil example of all other persons in the like case offending, and against the peace, &c.

[*473]

in an affidavit

sworn be

missioner

costs a

defendant

* INDICTMENTS FOR PERJURY, ON STATUTE, 5 ELIZ. c. 9.

For perWest Riding of the 2 [Commencement as ante 1* and 2*] That jury on 5 Eliz. c. 9. county of York, to wit, before and at the time of the being sworn and taking the corporal oath as hereinafter mentioned, a certain cause in which Sir T. V. baronet was the plaintiff, and W. S. was fore a com- the defendant, was depending in suit and variance in the court in the of our lord the king, before the king himself, by action concountry to cerning damages. And the jurors, &c. do further present, that increase H. C. late of, &c. gentleman, being an evil disposed person, and gainst the wickedly contriving and intending to aggrieve, injure, and prejuin a cause dice the said W. S. the defendant in the aforesaid cause, and subafter verject him to the payment of heavier costs, charges, and expences dict against than he of right was or otherwise would be liable to, on, &c. at him. (2) Tadcaster aforesaid, in the West Riding aforesaid, came in his [*474] proper person before J. C. gent. then and there being a commissioner duly authorized and empowered to take and receive affidavits in, touching, and concerning matters and proceedings of or in the court of our said lord the king, before the king himself; and that the said H. C. then and there, to wit, on the same day and year aforesaid, at, &c. aforesaid, was duly sworn, and did then and there take his corporal oath upon the Holy Gospel of God, before the said J. C., (he the said J. C. then and there having sufficient and competent power and authority to administer the said oath to the said H. C. in that behalf,) and that the said H C. being so sworn as aforesaid, did falsely, maliciously, and wickedly, and by his own act, consent, and agreement, wilfully, and corruptly then and there, before the said J. C. as such commissioner as aforesaid, depose, swear, and make affidavit in writing of and concerning one H. C. then deceased, and of and concerning the attendance of the said H. C. deceased, in the said cause at the Lent assizes holden at the Castle of York, in and for the county of York, in the year of our Lord 1815, amongst other things as followeth, that is to say, that the said H. C. deceased

(2) This indictment was settled, A. D. 1816, by a very eminent barMister. See forms at common law,

ante 382, Lon. Ed. and notes as to the statute, ante 344, Lon. Ed.

attended at the said assizes (meaning the said Lent assizes holden at the Castle of York, as aforesaid,) as attorney and material witness in this cause, (meaning the cause above last mentioned) twelve whole days, and had no other business at the said assizes, as by the said affidavit affiled in the said court of the said lord the king, before the king himself, to wit, at Westminster, in the county of Middlesex, amongst other things, more fully appears; whereas in truth and in fact, he the said H. C. deceased, did attend at the said assizes as attorney for the plaintiff in a certain other cause entered to be tried, and tried at the said assizes, in which cause one L. M. was the plaintiff, and one G. H. was the defendant, and as attorney for the plaintiff, in a certain other cause entered to be tried, and tried at the said assizes, in which cause one S. T. was the plaintiff, and one I. K. the defendant; and whereas in truth and in fact, the said H. C. deceased did attend at the said assizes as attorney in divers, to wit, two other causes at the said assizes; and whereas in truth and in fact, the said H. C. deceased, in the said affidavit named had other business at the said assizes. And the said H. C. the now defendant Defendant's us. afterwards, to wit, on, &c. did of his own act, consent, and agreeing the ment, wilfully and corruptly produce and use, (a) and cause to be affidavit. produced and used the said affidavit upon the taxation of the costs (a) of the said Sir T. V. in the said first mentioned cause, in order to obtain the judgment of the said court for more costs in the said cause for the said Sir T. V. against the said W. S. than the said Sir T. V. *was entitled to and would otherwise have obtained, [*475] to wit, at Westminster aforesaid. And the jurors, &c. do further present, that it became and was a material question upon the producing and using of the said affidavit in manner aforesaid, and also at the said time of swearing thereof as aforesaid, whether the said H. C. deceased, had other business at the said assizes besides the said first mentioned cause or not. And so the jurors aforesaid, now here sworn upon their oath aforesaid, do say, that the said H. C. the now defendant, on the said 30th day of October, in the 56th year aforesaid, at Tadcaster aforesaid, in the West Riding aforesaid, before the said J. C. being such commissioner as aforesaid, then and there having such authority as afore

(a) As to the materiality of this averment, see ante, p. 316*.