(again meaning himself the said M. W.) then saw Mr. M. (meaning the said W. M. in the said first order or rule mentioned) and that Mr. M. (again meaning the said W. M.) said to the defendant (meaning the said J. B.) he (meaning himself the said W. M. in the said first order or rule mentioned) had again seen the plaintiff, (meaning the said J. C.) who (again meaning the said J. C.) was desirous of the cause (meaning the said cause which so came on to be tried as aforesaid, and wherein the said J. C. was plaintiff, and the said J. B. was defendant) being settled without going into court, and that if it (meaning the said cause) went to arbitration, no money was expected, (meaning that the said J. C. did not expect any money to be awarded to him by way of damages in the said cause.) And the jurors, &c. do further present, that the said W. M. (in the said first mentioned order or rule mentioned) contriving and intending to stop the course of public justice, on, &c. did come in his own proper person into the court of our said lord the king of the bench, at, &c. and did then and there produce to the said court, a certain affidavit in writing of him the said W. M. to be exhibited to the said court for the purpose of discharging the said last mentioned rule, and then and there before the said court was duly sworn, and took his corporal oath upon the holy gospel of God, that the said affidavit of him the said W. M. were true (the said court then and there having a lawful, due, and competent authority to administer the said oath to him the said W. M. and to take and receive the said affidavit of the said W. M.) and that the said W. M. otherwise called W. M. being so sworn as aforesaid, and not having, &c. but being moved and seduced, &c. and not having regard to the laws and statutes of this realm, nor fearing the pains and penalties therein contamed, did then and there (to wit) on, &c. at, &c. aforesaid, in and by his affidavit aforesaid, upon his oath aforesaid, before the said court (the said court then and there having a lawful, due, and competent authority to administer the said oath to him the said W. M. and to receive his said affidavit) wickedly, falsely, knowingly, wilfully, and corruptly depose and swear (amongst other things) in substance and to the effect following (that is to say) he (meaning himself the said W. M.) denies that any conversation ever passed between him (meaning himself the said W. M.) and the defendant (meaning the said J. B.) in the presence of the deponents J. R. (meaning the said J. R. who so made his affidavit as aforesaid) and M. W. (meaning the said M. W. who so made his affidavit as aforesaid) on the contrary, the said deponent White (meaning the said M. W. who so made his affidavit as aforesaid) was not in the room when any conversation passed (meaning when any

conversation passed between the said W. M. and the said J. B. the said defendant, relative to referring the matters in difference between the said J. C. and J. B. to arbitration,) whereas in truth and in fact the said M. W. who so made his affidavit as aforesaid, was in the room when a conversation passed between the said W. M. and the said J. B. the said defendant, relative to referring the matters in difference between the said J. C. and the said J. B. to arbitration. And the jurors, &c. do further present, that the said W. M. upon his oath aforesaid, in and by his affidavit aforesaid, did falsely, corruptly, knowingly, and wickedly further depose and swear (amongst other things) in substance to the effect following (that is to say) that whatever conversation passed between him (meaning himself the said W. M.) and the defendant, (meaning the said J. B.) respecting the reference, (meaning the referring the matters in difference between the said J. C. and J. B. &c.) arbitration was not as stated by the said defendants (meaning the said J. R. and the said M. W.) in their affidavit (meaning the said affidavit of them the said J. R. and M. W. above mentioned,) whereas in truth and in fact, what conversation passed between the said W. M. and the said J. B. the defendant, respecting the reference of the matters in difference between the said J. C. and the said J. B. to arbitration, was, as stated by the said J. R. and the said M. W. in their affidavit above mentioned. And so the jurors aforesaid, upon their oath aforesaid, do say that the said W. M. otherwise called W. M. on the said third day of July, in the forty-second year of the reign aforesaid, at W. aforesaid, in the said county of M. before the said court, then and there having a competent, due and lawful authority to administer the said oath to him the said W. M. otherwise called W. M. by his own act and cousent, and of his own most wicked and corrupt mind, in manner and form aforesaid, did falsely, wickedly, and corruptly, upon his oath aforesaid, so taken as aforesaid, commit wilful and corrupt perjury, to the great displeasure of Almighty God, and 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 sovereign lord the king, his crown and dignity.

INDICTMENTS FOR PERJURY, IN PENAL

ACTIONS, AND CRIMINAL CASES, ON

SUMMARY PROCEEDINGS.

For perjury in an information

Middlesex. That heretofore, to wit, on, &c. at the Public before a ma- Office, Worship Street, in the parish of St. Leonard, Shoreditch, gistrate. (b) in the county of Middlesex, a certain information, which had been and was in due manner exhibited, and made to and before J. G. then being one of the justices of our lord the king assigned, &c. [as ante, 182.] whereby one C. D. of, &c. baker was charged with having on, &c. at, &c. unlawfully exposed to sale certain bread, to wit, 40 loaves of bread, made of the flour of wheat the said bread and loaves of bread not having been baked 24 hours at the least at the time of such exposing of the said loaves of bread to sale contrary to the form of the statute in such case made and provided, came on to be heard and determined and was, then and there heard and determined accordingly, before the said J. G. so being such justice as aforesaid. And the jurors, &c. do further present, that thereupon then and there, to wit, on the said, &c. at the public office aforesaid, in the parish of aforesaid, in the county aforesaid, the said C. D. having personally appeared before the said J. G. as such justice as aforesaid, to answer the matters contained in the said information, and being then and there personally present, and having heard the said information read to him the said C. D., in the presence and hearing of the said J. G., so being such justice as aforesaid, he the said C. D. did then and there plead and allege to and before the said J. G. so being such justice as aforesaid, that he was not guilty of the said offence charged upon him by the said information, and thereupon the said J. G. did then

(b) This was the indictment against C. M. Manter, spinster, in Middlesex, 41 Geo. III. settled by.

an eminent crown lawyer at the bar, see notes ante 302 to 318.

and there, as such justice as aforesaid, proceed to hear and determine, and did accordingly then and there hear and determine the matter of the said information in the presence of the said C. D. And the jurors, &c. do further present, that at and upon the said hearing of the said matter of the said information by the said J. G., as such justice as aforesaid A. B. late of, &c. appeared as a witness in support of the said information, to and before the said J. G as such witness as aforesaid, and then and there as such witness by and before the said J. G. such justice as aforesaid, was in due manner sworn and did take her corporal oath on the Holy Gospel of God, (he the said J. G. so being such justice as aforesaid, then and there having full, competent and sufficient power and authority to administer an oath to the said A. B. in that behalf. And the jurors, &c. do further present, that the said A. B. being so sworn as aforesaid, not having, &c. but being moved and seduced, &c. and being minded and desirous to subvert truth itself, and wrongfully and unjustly to cause the said C. D. to be convicted of the offence charged and alleged against him, in and by such information as aforesaid, then and there, to wit, on the said, &c. at the public office aforesaid, in, &c. aforesaid, at and upon the said hearing of the said information by and before the said J. G. as such justice as aforesaid, did as such witness as aforesaid, on her oath aforesaid, falsely, maliciously, wickedly, wilfully, and corruptly, say, depose, swear, and give evidence, to and before the said J. G., so being such justice, and as such justice so hearing the matter of the said information as aforesaid, (amongst other things,) in substance and to the effect following, (that is to say,) that the said A. B. bought a hot loaf of bread in the said C. D.'s shop, (meaning the shop of the said C. D.) in

street, in the said parish of, &c. on the 28th day of February last, (meaning the twenty-eighth day of February, in the year of our Lord 1801,) at 11 o'clock at night, at which time. there were fifty other loaves in the shop, lying on the counter, in the window, and on the shelf, they were quite hot; whereas in truth and in fact, on the 28th day of February, in the year 1801 aforesaid, at 11 o'clock at night there were not 50 loaves in the said shop of the said C. D. lying on the counter, in the window, and on the shelf, that were hot; and whereas, in truth and in fact, on the 28th day of February, in the year 1801 aforesaid, there were not during any part of the night of that day 50 loaves in the said shop of the said C. D. that were hot; and whereas, in truth and in fact, when the said A. B. bought a hot loaf of bread in the said C. D.'s said shop, on the said 28th day of February, in the year 1801 aforesaid, there were not so many as ten loaves in the said shop, that were hot. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said Crim. Law. VOL. II. 2 E

For perjury in

before two magistrates charging a

person with having taken illegal insurance in the lottery. (c)

C. D. on the said, &c. at the public office aforesaid, in the parish aforesaid, in the county aforesaid, at and upon the aforesaid hearing of the aforesaid information, before the said J. G., as such justice as aforesaid, upon her oath aforesaid (the said J. G. then and there having sufficient and competent power and authority to administer the said oath to her as aforesaid,) then and there, by her own act and consent, and in manner and form aforesaid, did knowingly, falsely, wickedly, maliciously, wilfully, and corruptly commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our lord the king and his laws, to the great damage of the said C. D., to the evil example of all others, and against the peace of our said lord the king his crown and dignity.

Middlesex. That on, &c at the parish of, &c. T. H. was exaan information mined before H. J. P. esquire, and P. C. esquire, then being two of the justices of our said lord the king, assigned, &c. [as ante 182.] on a charge against him the said T. H. for being a rogue and vagabond, to wit, for that he the said T. H. did on, &c. at the parish of, &c. in the said county, receive of and from T. A. the sum of one shilling and seven-pence, in consideration of an agreement then and there made to repay unto him the said T. A. the sum of one pound six shillings and three pence, if the ticket numbered eight in the then present English state lottery should be drawn for tunate on the 34th day of the drawing of the said lottery; con trary to the form of the statute in such case made and provided. And the jurors, &c. do further present, that the said T. A. late of, &c. did appear in his proper person as a witness against the said T. H. touching the charge aforesaid, before the said H. J. P. and P. C the justices aforesaid, and the said T. A. was then and there, to wit, on the said, &c. at, &c. in due manner sworn and took his corporal oath upon the Holy Gospel of God to speak the truth, the whole truth, and nothing but the truth, touching the charge against the said T. H. before the said H. J. P. and P. C. the justices aforesaid, they the said H. J. P. and P. C. as such justices then and there having lawful and competent power and authority to administer the said oath to the said T. A. in that behalf. And the jurors, &c. do further present, that the said T. A. being so sworn and not having, &c. but being moved and seduced, &c. and entirely disregarding the laws and statutes of this realm, and the penalties thereby provided against wilful and corrupt perjury, and wickedly and maliciously devising, contriving and intending unjustly to op press and aggrieve the said T. H. and to cause and procure the said T. H. to be convicted of the offence aforesaid, and thereby to

(c) This was the indictment against Thomas Archer, in Middlesex, A. D. 1802. settled by an

eminent crown lawyer. See last precedent and notes, ante 302 i

318.