For perjury to obtain a cause why an execution made by the plaintiff in an action should not be set to that in cellor quashed an injunction against the said T. C.'s proceeding at law, according to the prayer of the said bill. And the jurors, &c. do further present, that the several matters and things so deposed to try the said W. D. were material, in order to induce the said court of our said lord the king at W, aforesaid, to grant the said rule, whereas in truth and in fact the said T. C. did not at any time cause judgment to be entered on such bond, &c. [here as sign the perjury, and proceed as in the first count.] That before the making of the affidavit hereafter mentioned, the sum of 10. had been levied and taken by the sheriff of the court, in order county of W. upon and by virtue of a certain writ of our said rule to show lord the king of Testatum fieri facias, before then sued and prosecuted out of the court of our said lord the king, before the king himself (the said court then and still being holden at W. in the county of M.) upon a certain judgment before them obtained in the same court, in a certain action at the suit of the said M. D. aside, on the ground of ir- against the said W. M. and which said writ was directed to the regularity, in sheriff of W. by which said writ our said lord the king had comhaving taken the deponent's manded the said sheriff that [here recite the writ of testatum goods under a fi. fa., in a dif. fieri facias.] And the jurors, &c. do further present, that the ferent county said W. M. late of, &c. contriving, and wickedly and maliciously which the ve- intending to aggrieve and injure the said M, D. and to deprive her nue was laid. of the said sum of 101. and also to subject her to the payment of (n) the costs of the application hereinafter mentioned, heretofore, to wit, on, &c. at, &c. aforesaid, in order to obtain a rule of the said court of our said lord the king, before the king himself, whereby it might be ordered by the said court, that the said M. D. should show cause why the said sum of 10. so levied and taken by the said sheriff of the county of W. aforesaid, should not be restored to the said W. M. and why the said M. D. or M. S. D. her then attorney, should not pay the costs of that application, to be taxed by the master, did come in his the said W. M.'s proper person, into the said court of our said lord the king, before the king himself, to wit, at, &c. aforesaid, 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 aforesaid, which said affidavit was and is intituled In the king's bench (meaning the said court of our said lord the king, before the king himself,) between M. D. (meaning the said M. D.) plaintiff, and W. M. gent. (meaning the said W. M.) defendant, and the said W. M. then and there before the same court was duly sworn, and did take his cor (n) See the precedents, ante 374, 7. and the notes, ante 302 to 318. From Mr. Knapp's and Mr. Ballantine's MS. precedent, page 65. poral oath upon the holy gospel of God, concerning the truth of the matters contained in the said affidavit (the same court then and there having a lawful and competent authority to administer the said oath to the said W. M. and to take and receive the said affidavit of him the said W. M. in that behalf.) And that the said W. M. being so sworn as aforesaid, not having, &c. but being moved and seduced, &c. and having no regard to the laws and statutes of this realm, nor fearing the punishment therein contained, did then and there, to wit, on the said, &c. at, &c. aforesaid, in and by his affidavit aforesaid, upon his oath aforesaid, before the said court, (the said court having such power and authority as aforesaid) falsely, corruptly, knowingly, wilfully, and maliciously depose and swear as follows, that is to say, W. M. of, &c. (meaning the said W. M.) maketh oath and saith, that about twelve years since, this action, (meaning the said action at the suit of the said M. D.) against the said W. M. was commenced by one S. P. plaintiff, (meaning the said M. D.'s then attorney,) the venue, (meaning the venue in the said action) was laid in M., and he (meaning the said W. M.) confessed judgment for 2l. 10s. which was afterwards entered up, and he (meaning the said W. M.) hath since paid money to the said S. P. towards the debt and costs, so that a very trifling sum remained due upon such judgment as he (meaning the said W. M.) apprehends, notwithstanding which, he (meaning the said W. M.) was upon the second of November instant (meaning the second day of November, in the year aforesaid) served with an order to change the attorney to one J. D. for plaintiff, (meaning the said M. D.) upon which day a writ of fieri facias, was delivered to the sheriff of W. directing him to levy upon defendant's (meaning the said W. M.'s) goods and effects, for 10l. besides sheriff's poundage, and all other incidental expences, returnable on, &c. which money hath been paid into the hands of the said sheriff. And this deponent (meaning the said W. M.) further saith, that this judgment (meaning the said judgment so obtained by the said M. D. against the said W. M. as aforesaid) hath not been revived by scire facias, and is advised that the judgment (meaning the said judgment in the said action) having been signed twelve years ago, and not revived by scire facias, and the venue (meaning the venue in the said action) having been laid in M. and the writ upon which this deponent's (meaning the said W. M.'s) goods, were taken, having been issued and directed to the sheriff of W. was not a testatum, (meaning a testatum fieri facias) he (meaning the said W. M.) conceives, he (meaning the said W. M.) is intituled to have the money so taken restored to him (meaning the said W. M.) as by the said affidavit in writing of the said W. M. afterwards exhibited to the said court of our said lord the king, For perjury in an affidavit sworn before a commis sioner to take affidavits in C. P. to increase the costs after that A. B. &c. before the king himself, for the purpose aforesaid, and now there remaining, more fully appears. Whereas in truth and in fact, no writ of fieri facias was delivered to the sheriff of W. upon the second day of November, in the year of our Lord 1797, directing him to levy upon the said W. M.'s goods and effects as in the said affidavit is mentioned. And whereas in truth and in fact, the writ upon which the said W. M.'s goods were taken, was a testatum fieri facias. And so, &c. [us ante 329, 377.] That J. M. late of, &c. on, &c. at, &c. in his own proper person, came before T. W. gentleman, then and there being a commissioner, duly appointed to take affidavits in the county of C. in or concerning any cause depending in his majesty's court of common pleas at W., and the said J. M. did then and there produce and exhibit before the said T. W., a certain paper writing trial, swearing purporting in itself to be an affidavit of him the said J. M., and were material framed and intended to be made and sworn by him the said J. M. witnesses. (0) in the said court of common pleas, in a certain cause then and there depending in the said court of common pleas, between G. L., on the demise of the honorable C. W. widow, commonly called lady W., and the honorable M. G. spinster, plaintiffs, and A. U., and four others defendants, which said paper writing was and is entitled as follows, to wit, Common Pleas, L. on the demise of lady W. and another, meaning the honourable C. W. widow, commonly called lady W., and the said hon. M. G. spinster, and A. U. and others, (meaning four,) defendants: and the said J. M. did then and there, before the said T. W., in due manner take his corporal oath, upon the holy gospel of God, as to the truth of the said paper writing, purporting in itself to be an affidavit of him the said J. M. as aforesaid, and the matters therein mentioned, (he the said T. W. being then and there such commissioner as aforesaid, and then and there having sufficient power and authority to administer the said oath unto the said J. M. in that behalf,) and the said J. M., &c. being of a wicked and corrupt mind, and of a most diabolical temper and disposition, and unlawfully, maliciously, and wickedly contriving, devising, designing, and intending to injure and aggrieve the said honorable C. W. widow, commonly called lady W., and the said honorable M. G. spinster, and to put the said C. W. to great expence and charge; and not having, &c. but being moved and seduced, &c. and having no regard to the laws and statutes of this realm, nor fearing the pains and penalties therein contained, then and there, to wit, on, &c. at, &c. aforesaid, before the said T. W. (0) See 4 Wentw. 246. see the like on statute 5 Eliz. c. 9. post, and the notes ante 302 to 318. and quære, if there should not be an averment of the materiality of the matter sworn as in precedent, post, on 5 Eliz. c. 9. see also ante 805, 309. upon his said oath so taken as aforesaid, falsely, wickedly, wilfully, maliciously, and corruptly, by his own proper act and consent, and of his own most wicked, malicious, and corrupt mind and disposition, did say, depose, swear, and affirm, that the matters in the said paper writing or affidavit contained, were true; in which affidavit, to wit, in one part thereof, he the said deponent had falsely, wickedly, maliciously, wilfully and corruptly, by his own proper act and consent, and of his own most wicked and corrupt mind and disposition said, deposed, sworn, and affirmed, in these English words following, (p) to wit, that the said cause, (meaning the said cause so depending in the said court of common pleas as aforesaid,) was tried at the last assizes for the county of C. (meaning the assizes held in and for the said county of C. last past, before the making of the said affidavit,) and that J. D., (and several others,) were all material witnesses for the said defendants, (meaning the said A. U., &c.) as this deponent, (meaning the said J. M.) was advised and believes, and were all subpoenaed, and attending at the said trial, (meaning the said trial of the said cause,) as witnesses in the cause, (meaning the aforesaid cause) and on no other account: and this deponent, (meaning the aforesaid J. M.) saith that all or most of the said witnesses, (meaning the several persons above-named, who by the said affidavit are so mentioned to have been subpœnaed,) lived upwards of fifteen miles from C., (meaning the city of C., in the county of C.) which made it very difficult for them, (meaning the said persons so alleged to have been so subpoenaed) and saith that all the said witnesses, (meaning the said several persons so alleged to have been subpoenaed,) were necessarily out, in going to, attending at, and returning from the said last assizes held in and for the said -county of C., (meaning the aforesaid last assizes,) before the making of the said affidavit, five days; as by the affidavit now remaining filed and upon record in the said court of common pleas, relation -being thereunto had, more fully and at large appears; whereas in truth and in fact, the said J. D. in the said affidavit named, was not necessarily out, in going to, attending at, and returning from, the said last assizes, five days; and when in truth and in fact the said J. D. in the said affidavit also named, was not necessarily out, in going to, attending at, and returning from the said last assizes, five days, and when in truth and in fact, the said F. F., named in the said affidavit, was not necessarily out, in going to, attending at, and >returning from the said last assizes, five days; and when in truth and in fact, &c. (negative distinctly as to each witness,) and so, &c. [conclude as ante 320. at common law.] For perjury in swearing before the Lord Chancellor that defendant ness before he IN COURTS OF EQUITY,-ON SUMMARY [After stating the proceedings of the court of King's bench on which an attachment was founded, and that a warrant was directed to one M. L. to apprehend him whereon he was taken, the inhad not been dictment proceeds as follows.] And the jurors, &c. do further home after at- present that in Trinity term, in the twenty-fourth year, &c. a certain tending in court on busi- cause was depending in chancery, in which R. M. and J. his wife was arrested. were plaintiffs, and the said E. A. and others were defendants, (P) and that such proceedings were thereupon had, that afterwards, to wit, on, &c. at Lincoln's-Inn, in the county of Middlesex, in a certain hall, there called Lincoln's-Inn Hall, the said cause came on to be heard, before Edward lord Thurlow, then being lord high chancellor of Great Britain, and that the said cause was then and there heard before the said lord Thurlow. And the jurors, &c. do further present, that the said E. A. then being one of the solicitors of the said high court of chancery, on, &c. aforesaid, at, &c. aforesaid, attended the hearing of the said cause as solicitor for himself and one of the said defendants in the said cause, and that after the hearing of the said cause, and before the return of the said writ, to wit, on the said, &c. the said M. L. by virtue of the writ and warrant aforesaid, at the parish of St. Martin, in the fields, in the county aforesaid, did duly take and arrest the said E. A., and had and detained the said E. A. in custody by virtue of the writ and warrant aforesaid, and that after the said E. A. was so in the custody of the said M. L. to wit, on the said, &c. a certain complaint was made for and on the behalf of the said E. A. to the said lord T., then being in the said court of chancery, then held in Lincoln's-Inn hall, aforesaid, that he the said E. A. was so taken by the said M. L., on his the said E. A.'s way from the said hall, called Lincoln's-Inn hall, after the said cause was heard as aforesaid, to his the said E. A,'s own house, situate in the parish of St. Martin in the Fields aforesaid, in the said county of Middlesex. And that, afterwards, to wit, on the said, &c. the said E. A. did appear in his proper person before the said lord T. then being in the said court of chancery, then held at Lincoln's-Inn hall, in, &c. aforesaid, in the custody of the said (p) See 1 1. R. 63. several obfections were taken to this indictment, but they were all overruled by the court, see 1 T. R. 63. and subsequent notes, see notes ante 302 to 318. |