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esquire, W. B. esquire, and G. S. esquire, the defendants, in order that the said interrogatories might be administered according to the course and practice of the said court of chancery to certain witnesses to be produced, sworn, and examined in the said cause, so then depending and at issue on the part and behalf of herself the said M. E. B. the said complainant. And the jurors, &c. do further present, that it became and was made a material question between the said parties in the said cause, to enquire in and by the said interrogatories so exhibited, touching and concerning a certain deed or instrument in the complainant's bill, in the said cause mentioned, and the time of executing the same; and also touching and concerning a certain marriage before then had and solemnized between the said M. E. B. and the said A. R. B. and touching and concerning the cause and consideration of the said deed or instrument, and whether such deed or instrument was prepared or got ready for execution, in contemplation of the said marriage, and after the said M. E. B. had consented to such marriage, and it was then and there, in and by the third interrogatory of the said interrogatories so exhibited by the said M. E. B. as aforesaid, set forth in mammer and form, and to the effect following, that is to say-Had the complainant, (meaning the said M. E. B.) as you (meaning the said witnesses to be produced, sworn, and examined as aforesaid) know, or for any or what reason believe at any time before, and how long before her marriage with the defendant (meaning the said A. R. B.) her present husband, and after the death of her first husband, any intention, design, and inclination to intermarry with, or did she (meaning the said M. E. B.) in any and what manner intimate, [here set forth the interrogatory, with proper innuendoes, to the conclusion as follows,] declare, as by the said third interrogatory affiled, and remaining of record in the said high court of chancery at W. aforesaid, in the said county of M. may more fully and at large appear. And the jurors aforesaid, upon their oath aforesaid, do further present, that G. W. late of, &c. who was and is one of the witnesses to whom the said interrogatories in the said cause were to be, and were accordingly administered, afterwards to wit, on, &c. at the parish of St. D. in the west, in the said county of M. came in his own proper person before T. W. esquire, then being one of the masters of the said court of chancery, and having seen the said interrogatory so exhibited in the said court of chancery, then and there, to wit, at the said parish, &c. before the said T. W. esquire, so being such master of the said court of chancery, was duly sworn, and took his corporal oath on the holy gospel of God, before the said T. W, esquire, (then being one of the mas

ters of the said court of chancery, and then and there, to wit, at the parish, &c. aforesaid, having sufficient power and authority to administer an oath in that behalf to the said G. W.), and in and by the said oath, the said G. W. on his said oath before the said T. W. esquire, (the said T. W. esquire then having such sufficient power and authority in that behalf as aforesaid) did swear, that he the said G. W. would true answer make to all such questions as should be asked him upon those interrogatories at the time of his examination, that he would speak the truth, the whole truth, and nothing but the truth, without favour or affection to the parties. And the jurors, &c. further present, that the said G. W. late of the parish of G. in the said county of R. afterwards, to wit, on, &c. was duly examined in the said high court of chancery at W. aforesaid, to wit, at the said parish of St. D. in the west, in the said county of M. according to the course and custom of the said high court of chancery, upon the said interrogatories, and that he the said G. W. not having, &c. but being moved, &c. and minding and intending unjustly to aggrieve the said A. R. B. one of the defendants aforesaid, did then and there, to wit, at the parish of St. D. in the west, aforesaid, in the said county of M. upon his oath aforesaid, in his answer to the said third interrogatory, knowingly, falsely, wickedly, maliciously and corruptly, by his own act and consent (amongst other things) answer, swear, and affirm in writing as follows, that is to say, and this deponent, (meaning himself the said G. W.) further saith, that he (meaning himself the said G. W.) is well convinced in his own mind, the complainant (meaning the said M. E. B.) never had a liking for, or an intention to marry her present husband (meaning the said A. R. B.) until the night before she was married, and therefore could not resolve upon a marriage with him (meaning the said A. R. B.) and saith, that he (meaning himself the said G. W.) does not, &c. [state the matter sworn with innuendoes] as by the said answer to the said third interrogatory, remaining affiled in the said high court of chancery at W. aforesaid, may, amongst other things, more fully appear; whereas in truth and in fact, he the said G. W. at the time he took his said oath, and also at the time he was so examined as aforesaid, well knew, that the said M. E. B. had had an intention to marry the said A. R. B. her present husband, long before, to wit, for the space of two months before the night on which the said M. E. B. was married to the said A. R. B., and whereas in truth and in fact the said A. R. B. the complainant's present husband, had, between the time of the death of the earl of S. then deceased, &c. [assign the perjury in different ways, according to the facts.]

And so,

Crim. Law.

VOL. II.

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the jurors aforesaid upon their oath aforesaid, say, that the said G. W. on the said, &c. at the parish of St. D. &c. aforesaid, before the said T. W. esquire, then being one of the said masters in chancery, and so as aforesaid having such sufficient power and authority to administer the said oath to the said G. W. as aforesaid, knowingly, falsely, wickedly, maliciously, wilfully, and corruptly, in manner and form aforesaid, on his oath aforesaid, in and by his answer to the said third interrogatory 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 great damage of the said A. R. B., to the evil and pernicious example of all others in the like case offending, and against the peace of our lord the now king, his crown and dignity.

For perjury

by a bankrupt

the commis

sioners. (g)

IN CIVIL PROCEEDINGS, IN BANKRUPTCY.

That heretofore, to wit, on, &c. a certain commission of bankon his exami- rupt, under the great seal of Great Britain, was duly awarded and nation before issued against T, W. H., late of, &c. (by the name and addition of, &c.) bearing date at, &c. directed to, &c. whereby, after reciting that our said lord the king had been informed that the said T. W. H. using and exercising the trade of merchandize, by way of bargaining, exchange, bartering, and chevisance, seeking his trade of living by buying and selling, had become bankrupt within the several statutes made against bankrupts, to the intent to defraud and hinder W. H. H., D. N. and J. N. of, &c. of their just debts and duties, to them due and owing, our said lord the king did name, assign, appoint, constitute, and ordain them the said, &c. his said majesty's special commissioners, thereby giving full power and authority to them four, or three of them, to proceed according to the statutes in the said commission mentioned, and all other statutes in force concerning bankrupts, not only concerning the said bankrupt, his body, lands, tenements, freehold and customary goods, debts and other things whatsoever, but also concerning all other persons who by concealment, claim or otherwise, did or should offend touching the premises, or any part thereof, contrary to the true intent and meaning of the said statutes, and to do and execute all and every thing and things whatsoever as well for and towards satisfaction and payment of the said creditors, as towards and for all other intents

(g) This indictment was settled by a very eminent pleader, see notes, ante 302 to 318. see also 1 Montague Bankr. L. 429, 430.

1 Jac. I. c. 15. s. 2. and the next precedent, and those against Senior and Roberts, post "Indictment for offences against trade.”

and purposes according to the ordinance and provision of the same statutes; as by the said commission, (amongst other things therein contained,) doth more fully appear. And the jurors, &c. do further present, that afterwards, to wit, on, &c. aforesaid, at London, to wit, in the parish of St. Michael Bassishaw, in the ward of Bassishaw, the said T. W. H. was by the said, &c. being three of the aforesaid commissioners, in the said commission named, in due form of law declared and adjudged a bankrupt within the true intent and meaning of the several statutes made, and then in force concerning bankrupts, or some, or one of them; and afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, notice was duly given and published, in a certain printed paper, called the London Gazette, that a commission of bankrupt was awarded and issued forth against the said T. W. H., and he being declared a bankrupt was thereby required to surrender himself to the commissioners in the said commission named, or the major part of them, on the 10th and 18th days of the November then instant, at 9 o'clock in the forenoon, and on the 24th day of December then next at 10 o'clock in the forenoon, and make a full discovery and disclosure of his estate and effects, and at the last sitting the said T. W. H. was thereby required to finish his examination. And the jurors, &c. do further present, that the said T. W. H. afterwards, to wit, on the said, &c. at Guildhall, London aforesaid, to wit, at, &c. aforesaid, came in his proper person and then and there surrendered, and submitted himself to be examined touching his estate and effects, by and before the said, &c. being the major part of the said commissioners, in the said commission named and authorized, in order to make a full discovery and disclosure of his said estate and effects and to finish his examination pursuant to the said notice so given as aforesaid, and the said T. W. H. was then and there accordingly examined and duly sworn, and did take his corporal oath upon the Holy Gospels of God, before the said R. F. &c. (they the said, &c. then and there having competent power and authority to administer an oath to the said T. W. H. in that behalf.) And the said T. W. H. being so sworn, and being then and there interrogated and asked, what household furniture he had? he the said T. W. II. nor having, &c. but being moved and seduced, &c. and not regarding the laws and statutes of this realm, nor fearing the punishment therein contained, did then and there, to wit, on &c. last aforesaid, at &c. aforesaid, falsely, and maliciously, wickedly, wilfully, and corruptly, on his oath aforesaid, before the commissioners last aforesaid, answer, swear, and depose, that he the said T. W. H. had none, (thereby then and there meaning that he the said T. W. H. had no household furniture at the time of issuing the said commission of bank

rupt,) whereas, in truth and in fact, the said T. W. H. had sundry articles of household furniture at the time of issuing the said commission of bankrupt, to wit, at, &c. aforesaid. And the jurors, &c. do further present that the said T. W. H. being so sworn as aforesaid, and being then and there, to wit, on, &c. last aforesaid, at, &c. aforesaid, being further interrogated and asked, whether he the said T. W. H. did in consequence of a valuation which he then and there alledged to have been made by his brother represent, at a meeting of his creditors, that he was able to pay 17s. in the pound, in the month of September then last, he the said T. W. H. did then and there, to wit, on, &c. last aforesaid, at, &c. aforesaid, falsely &c. on his oath aforesaid, before the said last-mentioned commissioners, answer, swear, and depose, that he the said T. W.H. did not, (thereby then and there meaning, that he the said T. W. H. did not, in consequence of the said valuation, represent at a meeting of his creditors that he was able to pay 17s. in the pound, on their respective debts, in the month of September, then last ;) whereas, in truth and in fact, the said T. W. H. did in consequence of the said valuation represent at a meeting of his creditors, that he wes able to pay 178. in the pound, on their respective debts in the month of September, then last, to wit, at &c. aforesaid. And so the jurors aforesaid, upon their oath aforesaid, do say that the said T. W. H. on the said, &c. at, &c. aforesaid, on his said oath before the said R. F., J. B., and P. S., (so as aforesaid having competent power and authority to administer the said oath to the said T. W. H. in that behalf,) of his wicked mind, did falsely and 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, to the evil example of all others in the like case offending, and against the peace of our said lord the king, Second count, his crown and dignity. And the jurors, &c. do further present, assigning per that the said T. W. H. not being able satisfactorily to answer all jury on an adjourned exa- such questions as were put to him, touching his estate and effects, without a further investigation of his books and papers, the said R. F., J. B., and P. S., so being such commissioners as aforesaid, did at the request of the said T. W. H., and with the consent of his creditors then present, adjourn the said T. W. H.'s last examination from, &c. until, &c. at Guildhall, London aforesaid, to wit, at, &c. aforesaid. And the jurors, &c. do further present that the said T.W.H. afterwards, to wit, on the said, &c. at Guildhall, London aforesaid, to wit, at, &c. aforesaid, again came in his proper person, and then and there again surrendered and submitted himself to be examined touching his estate and effects, by and before the said R. F., J. B., and P. S., being the major part of the said commissioners in the

mination.