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For perjury in an affidavit of

then and there (not having the fear of God before his eyes, but be ing 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 lord the service of the king holden at the Guildhall of the city of Westminster, in and notice to try a for the liberty of the dean and chapter of the collegiate church of traverse. (9) Saint Peter, Westminster, in the city, borough and town of W. in the county of M. on, &c. before, &c. others 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 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 deau 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 divers fe

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lonies, 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 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 cath 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 to cause the said W. J. to be acquitted of the premises in the said indictment mentioned, then and there, to wit, on, &c. at the Guildhall of the city of Westminster, to wit, at the parish of, &c. in the county of Middlesex, in and by his affidavit aforesaid, upon his oath aforesaid, in the said court of the sessions last-aforesaid, the said court then and there having such power and authority as aforesaid, falsely and maliciously, wickedly, wilfully and corruptly did say, depose and swear amongst other things as follows, that is to say, [insert the parts of the affidavit with innuendoes,] as by the said affidavit more fully appears, whereas in truth and in fact the said A. B. did not on, &c. serve the said J. S. with a true copy of the notice annexed to the said affidavit, by delivering the same to the said J. S. at his house in Boulton Mews, Berkeley Square, and whereas in truth and in fact the said A. B. did not on the day and year last-aforesaid, or at any other time whatsoever, serve the said J. S. with a copy of any notice. And so, &c. the jurors aforesaid, upon their oath aforesaid, do say that the said B. C. on, &c, at, &c. in the court of the sessions last

aforesaid, the said court then and there having such power, &c. by: his own act and consent, and of his own most wicked and corrupt mind in manner and form aforesaid, did commit wilful and corruptperjury, to the great displeasure, &c. in contempt, &c. to the evil, &c. and against the peace, &c.

INDICTMENTS FOR PERJURY, IN CRIMINAL
PROCEEDINGS, ON TRIAL, &c.

For perjury in Middlesex, to wit. The jurors, &c. that at the sitting of nisi dence on trial prius holden after the term of Saint Michael in the 45th giving eviyear, & &c. at Wesunin at Westminster, in and for the county of Middlesex, in the great ster Hall of an hall of pleas there called Westminster hall, according to the form dictment for of the statute in such case made and provided, before the right perjury. (r)

issue on an in

honourable E. lord E. then and now chief justice of our said lord the king, assigned to hold pleas in the court of our said lord the king before the king himself, a certain issue in due manner joined in the said court of our said lord the king before the king himself, between our said lord the king and one T. P. otherwise called J. W., upon a certain indictment then depending against him the said T. P. otherwise called J. W. for wilful and corrupt perjury, came on to be tried, and was then and there in due form of law tried by a certain jury of the country in due manner sworn and taken for that purpose, and that at and upon the trial of the said issue, one H. B. late of, &c. did then and there, to wit, on the said, &c. at, &c. in the great hall of pleas there, appear and was produced as a witness for and on the behalf of our said lord the king against the said defendant T. P. otherwise called J. W. upon the trial of the said issue, and the said H. B. was then and there duly sworn, and did then and there take his corporal oath upon the Holy Gospel of God as such witness as aforesaid, before the said E. lord E. the chief justice aforesaid, that the evidence which he the said H. B. should give to the court and jury sworn between our said lord the king and the said defendant T. P. otherwise called J. W. should be the truth, the whole truth, and nothing but the truth; (the said E. lord E. the chief justice aforesaid, then and

(r) From the crown office, 46 Geo. III. This was the indictment against Henry Britt, settled with. great care by the late Mr. J. Dampier. The defendant was convicted.

See other forms, post 460.4 Wentw. 275. 6 Wentw. 396. and see ante 302 to 318. as to the structure of the indictment.

there having competent authority to administer the said oath to the said H. B. in that behalf) and the said H. B. being so sworn as aforesaid, it then and there, upon the trial of the said issue, became and was material to inquire whether the said T. P. otherwise called J. W. had voted at the last election of a knight to represent the county of Middlesex in parliament on the second day of that election, being the 24th day of July then last in the name of J. W. and whether the said H. B. saw him the said T. P. otherwise called J. W., poll at such election on the second day of the said election, and whether the said H. B. was, &c. [state the different material questions.] And the jurors aforesaid, upon their oath aforesaid, do further present, that the said H. B. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and minding and corruptly and maliciously intending, unlawfully, wilfully, and unjustly to injure and aggrieve the said T. P. otherwise called J. W., and to cause and procure him to be convicted of the wilful and corrupt perjury whereof he then stood indicted as aforesaid, and to subject him to the pains and penalties by the laws of this realm inflicted on persons convicted of that crime, then and there, to wit, on the trial of the said issue at the said sitting of nisi prius so holden as aforesaid, upon his oath aforesaid, before the said E. lord E. the chief justice aforesaid, then and there having such competent authority to administer the said oath as aforesaid, falsely, wickedly, maliciously, knowingly, wilfully, and corruptly did say, depose, swear, and give evidence amongst other things in substance and to the effect following, that is to say, that the said T. P. otherwise called J. W. voted at the said election on the second day of the said election in the name of J. W., and that he the said H. B. saw, &c. [here set out the evidence.] whereas in truth and in fact, the said T. P. otherwise called J. W. did not vote or poll at the said election on the second day of the said election in the name of J. W., &c. [here assign the perjury.] And so the jurors aforesaid, on their oath aforesaid do say, that the said H. B. then and there, to wit, at the said sitting of nisi prius holden as aforesaid, on, &c. at Westminster aforesaid, in the great hall of pleas there called Westminster hall, at and upon the trial of the said issue, in open court upon his oath aforesaid, before the said E. lord E. the chief justice aforesaid, then and there having such competent power to administer the said oath as aforesaid, in manner and form aforesaid, falsely, &c. [as ante 450.]

Middlesex. That heretofore, to wit, on &c. A. D. 1773. certain bill of indictment before then duly found against one J.

(s) Sec 4 Wentw. 278. 6 Wentw. preferable, see also ante 302 396. The last precedent seems 318.

G.

a The like on a minster Hall

trial at West

of an indict

to ment for perjury. (9)

for wilful and corrupt perjury, whereto the said J. G. hath pleaded that he is not guilty of the premises in the said indictment mentioned, and whereon the issue was duly joined between our sovereign lord the king and the said J. G. duly came on to be tried, and was tried before W. lord M. then and still being chief justice of our sovereign lord the now king, assigned to hold pleas before the king himself at W. in the said county of M. in the great hall of pleas there called Westminster hall, according to the form of the statute in such case made and provided, by a jury of the country then and there sworn and charged to try the aforesaid indictment, upon which said trial, one W. J. late of, &c. on the said, &c. at, &c. aforesaid, was produced before the said chief justice as a witness on the part and behalf of the said J. G. the defendant in the aforesaid indictment, and was then and there upon the said trial of the said indictment as a witness on the part of the said J. G., sworn, and took his corporal oath upon the Holy Gospel of God, before the said chief justice, that the evidence which the said W. J. should give to the court then and there, and the said jury so then sworn as aforesaid, touching the matter then in question between our said lord the king and the said J. G. should be the truth, the whole truth, and nothing but the truth; (he the said chief justice then and there having full power and authority to administer an oath to the said W. J. in that behalf.) And the jurors, &c. further present, that on the said trial certain questions then and there arose and became and were material to the matters so in issue as aforesaid, to the tenor and purport following, to wit, whether a certain note in writing commonly called a promissory note, made by one E. D. bearing date, &c. whereby the said E. D. promised to pay to the said J. G. or his order 2107. two months after date for value received, was just then lent by the said E. D. to the said J. G. to accommodate the said J. G.; or whether the said note was just then given to the said J. G. for him to borrow of one A. S. the sum of money in the said note mentioned for the use of the said E. D., and also whether the said W. J. had ever passed by the surname of P.; and also whether W. J. had ever given a direction to the said E. D. for him to enquire for the said W. J. by the name of P.? And the jurors, &c. further present, that the said W. J. being so sworn as aforesaid, not having, &c. but being moved and seduced, &c. and contriving and diabolically intending not only to elude, but also to subvert the laws and public justice of this kingdom, and unjustly to cause the said J. G. to be acquitted of the perjury whereof he stood indicted by the said indictment, and to subvert truth itself, he the said W. J. then and there, to wit, on the said, &c. at, &c. aforesaid, at the said trial of the said indictment, by his own act and consent upon

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