Great Britain, as being the rents, issues, and profits of the said premises, that is to say, the said messuage or dwelling house, garden, and six acres of land, with the appurtenances in the said bill of complaint mentioned, and herein also before mentioned, and whereas in truth and in fact, the said sum of one hundred and fifty two pounds, so received by him the said H. T. as aforesaid, was the proper money of the said M. F. accruing due to her the said M. F. as being the rents, issues, and profits aforesaid, and whereas in truth and in fact, he the said H. T. at the time he so took his oath as aforesaid, well knew that the said sum of one hundred and fifty two pounds was the proper money of the said M. F. accruing due to her the said M. F. in manner in that behalf aforesaid, and that he the said H. T. was, at the time of taking his said oath, and before, liable to account, and ought to account, to and with her the said M. F. for the same, and whereas in truth and in fact, he the said H. T. at the time he so took his oath as aforesaid, was justly and truly indebted to the said M. F. in the said sum of one hundred and fifty two pounds, as being such rents, issues, and profits as aforesaid, and was at that time accountable to and ought to have accounted with her the said M. F. for the same, and whereas in truth and in fact, at the time the said H. T. so took his oath as aforesaid, she the said M. F. had a just and legal claim to, and of right ought to have and receive all the rents, issues, and profits which had accrued, arisen, and become payable from, out, and in respect of the said premises, that is to say, the said messuage or dwelling house, garden, and land, with the appurtenances in the said bill of complaint mentioned, and herein also before mentioned, for and during the said four years respectively. And so, &c. [as ante 391.]

fore one of the

That one O. G. late of, &c. on, &c. did exhibit his English bill For perjury in of complaint, in writing in the court of our said lord the king, of an answer be his exchequer (the said court then being at W., in the said county barons of the exchequer. (c) of M.) against one T. S., late of, &c. and one J. H., late of, &c. directed to the right honourable W. P., chancellor and undertreasurer of his majesty's court of exchequer at W.; the honourable sir J. S. knight, lord chief baron of the same court, and the rest of the barons there, for the purpose and praying, (amongst other things) that some deed, or deeds, instrument, or instruments, which the said O. G., in and by the said bill, alleged he had been prevailed upon to execute, and which the said O. G. in and by the said bill alieged he had discovered, purported to be a conveyance of all his the said O. G.'s interest, in certain premises in the said bill mentioned, might be delivered up to the said O. G. to be

(c) See Cro. C, C. 8th Ed. 357. and same precedent, 2 Stark. 516.

cancelled and that they the said T. S. and J. H. might in the mean time be restrained, by the order and injunction of the said court of exchequer, from commencing any action at law against him the said O. G., or bringing or prosecuting any ejectment or ejectments, or any other action or actions at law, touching the premises in the said bill in that behalf contained; as in and by the said bill of complaint of the said O. G. remaining filed, as of record in the said court of exchequer, at W. aforesaid, in the said county of M., (amongst other things,) more fully appears. And the jurors aforesaid, do further present, that the said T. S., one of the defendants named in the said bill of complaint of the said O. G., afterwards, to wit, on, &c. at, &c. came in his own proper person before sir B. H. knight, then being one of the barons of his majesty's said court of Exchequer, at Westminster, and then and there, to wit, ou, &c. last aforesaid, in the said parish of Saint George, Bloomsbury, in the county of Middlesex, before the said sir B. H., exhibited and produced the answer in writing of him the said T. S., and of the said J. H., to the aforesaid bill of complaint of the said O. G. intitled, " the joint and several answer of T. S. and J. H. gentlemen, the defendants to the bill of complaint of O. G. complainant," and that the said T. S. then and there in due form of law was swoy and did take his corporal oath upon the holy gospel of God, concerning the truth of the matters contained in the said answer before the said sir B. H. knight, then being one of the said barons of the said court of exchequer, (and then and there having sufficient and competent power and authority to administer an oath to the said T. S. in that behalf,) and that the said T. S. being so sworn as aforesaid, did, upon his corporal oath concerning the matters contained in the said answer before the said sir B. H. knight, then and there being such baron as aforesaid, then and there swear, that so much of the said answer of him the said T. S. so as aforesaid, produced and exhibited before the said sir B. H. as concerned the acts and deeds of him the said T. S., he the said T. S. knew to be true, and that so much of the said answer of him the said T. S., as concerned the acts and deeds of any other person, he the said T. S. believed to be true; and that the said T. S. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and minding and intending unjustly to aggrieve the said O. G., the complainant aforesaid, did then and there upon his the said T. S.'s oath aforesaid, in his answer aforesaid, before the said sir B. H. knight, then and there being such baron as in that behalf aforesaid, and having such sufficient and competent power and authority as aforesaid, falsely, knowingly, wickedly, maliciously, wilfully and corruptly, by his own act and consent, answer, swear, and affirm in writing (amongst other things)

as follows, that is to say, and this defendant T. S. (meaning himself the said T. S.) saith that he (meaning himself the said T. S.) hath since (meaning since the obtaining the said conveyance from the said O. G. as in the said bill of complaint is mentioned,) purchased one other third part or share of and in the said premises, (meaning the said premises in the said bill of complaint mentioned,) at, or for the price or sum of two hundred and fifty pounds, (meaning two hundred and fifty pounds of lawful money,) but which (meaning which sum of two hundred and fifty pounds) this deponent T. S., (meaning himself the said T. S.) thought and is convinced was a high price for the third part or share, (meaning the third part or share of the said premises,) and which (meaning which price,) he (meaning himself the said T. S.,) was induced to give, because of his (meaning the said T. S.'s) having already purchased from the said complainant, (meaning the said O. G.) the other two-thirds (meaning the other two-thirds of the aforesaid premises.) As by the said answer of him the said T. S. remaining filed, as of record in the said court of exchequer, at Westminster aforesaid, in the county of M. aforesaid (amongst other things) more fully appears, which said several matters so sworn to and affirmed by the said T. S. in his said answer to the said bill of complaint as aforesaid, were material and pertinent to the due investigation and ascertaining of the truth of the matters in the said bill complained of, and therein mentioned and referred to as aforesaid. (d) Whereas, in truth and in fact, he the said T. S. never did purchase one other third part or share of and in the said premises, in the said bill of complaint mentioned, at or for the price or sum of two hundred and fifty pounds of lawful money, or for any price or sum of money whatsoever. And so, &c. [as ante 391.]

IN COURTS OF EQUITY,-IN ANSWER TO

INTERROGATORIES.

That one E. F. heretofore, to wit on, &c. did exhibit certain interrogatories in writing, in his majesty's high court of chancery, answer to ine For perjury in at W. &c. in a certain cause before then commenced by English terrogatories bill of complaint, and then depending and at issue in the said chancery. (4)

(d) This averment of materiality is not in Cro. C. C. 8th Ed. 357.; but quære, if not advisable to insert it.

(e) This is a MS. precedent in the collection of a gentleman at the bar, see also 4 Wentw. 292. post, and notes, ante 302 to 318.

exhibited in

court, after certain pleadings and proceedings had been had therein, in which said suit one C. D. was complainant, and the said E. F. was respondent, in order that the said interrogatories might be administered, according to the course and practice of the said court, to certain witnesses, to be produced, sworn, and examined in the said cause, on the part and behalf of the said E. F. the said defendant, therein touching and concerning a certain written paper, purporting to contain an agreement for the lease of a certain house and premises therein mentioned, from the said C. D. to the said E. F. and also touching and concerning a certain other written paper, purporting to be the draft of such lease. And the jurors, &c. do further present, that it became and was made a material question in the said cause between the said parties, and to be deposed to by the said witnesses, in answer to the said interrogatories, whether the said C. D. had observed or declared that he would release the said E. F. from the said agreement, or had released him from the performance thereof, or relinquished, abandoned, or given up the same, and in and by one of the interrogatories exhibited as aforesaid, the said witnesses were interrogated as follows, that is to say, [here copy the interrogatories, with necessary innuendoes.] And the jurors, &c. do further present, that A. B. late of, &c. and one of the witnesses to whom the interrogatories in the said cause were to be, and were accordingly, afterwards, to wit, on, &c. at, &c. administered, then and there came in his own proper person, before, &c. then being an examiner in the said court of chancery, and having seen and understood the said interrogatories so exhibited in the said court as aforesaid, then and there to wit, on, &c. last aforesaid, at, &c. aforesaid, before the said, &c. he then and there, being such examiner in the said court of chancery as aforesaid, and then and there having sufficient and competent power and authority to administer an oath to the said A. B. in that behalf, was duly sworn and took his corporal oath on the holy gospel of God, before the said, &c. so being such examiner, and having such power, &c. And the said A. B. then and there, on his said oath before the said examiner did swear, that he the said A. B. 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 favor or affection to the said parties in the said cause. And the jurors, &c. do further present, that the said A. B. afterwards to wit, on, &c. was duly examined in the said high court of chancery, at, &c. aforesaid, to wit, at, &c. aforesaid, according to the course and custom of the said court, upon the said interrogatories, and that he the said A. B.

not having, &c. but being moved and seduced, &c. and minding and intending unjustly to aggrieve the said C. D. the complainant aforesaid, did then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, in his answer to the said fourth interrogatory, knowingly, falsely, wickedly, and corruptly, by his own act and consent, amongst other things, answer, swear, and affirm in writing as follows, that is to say, [here state the answer with necessary innuendoes.] As by the said answer of the said A. B. to the said fourth interrogatory, remaining affiled in the said high court of chancery at W. aforesaid, reference being thereunto had, will amongst other things more fully appear. Whereas in truth and in fact, the said complainant C. D. did not at the time, or on the occasion mentioned in or alluded to by the said deposition of the said A. B. or at any other time, or on any other occasion whatsoever, say or observe to the said A. B. that if E. F. had any thing to object, respecting the said agreement and lease, he the said C. D. would release him from the said agreement on his paying the expense incurred; and whereas in truth and in fact the said C. D. did not release the said E. F. from her said agreement; and whereas in truth and in fact the said A. B. did not at that or any other time, or on any other occasion whatsoever, say to, or inform the said C. D. that if the said E. F. was not permitted to keep a school in the said house and premises, what had been theretofore done, was, or must be considered as null and void, or make any declaration to that or the like effect. And so the jurors aforesaid, &c. say, that the said A. B. on, &c. at, &c. before the said, &c. then and there being such master, and having such power, &c. to administer the said oath to said A. B. as aforesaid, of his own act and consent, and of his own wicked and corrupt mind and disposition, knowingly, falsely, wickedly, wilfully, and corruptly, in manner and form aforesaid, upon his oath aforesaid, in and by his answer to the said interrogatory, and his deposition aforesaid, did commit wilful and corrupt perjury, to the great displeasure, &c. in contempt, &c. to the great damage, &c. [us ante 391.]

interrogato

cery. (ƒ)

That. M. E. B. commonly called the countess of S. on, &c. For perjury in did exhibit certain interrogatories in writing in his majesty's high an answer to court of chancery (the said court then and still being held at W. ries in chan in the county of M.) in a certain cause, then and long before commenced by English bill of complaint, then depending and at issue in the said court of chancery, wherein the said M. E. B. commonly called the countess of S. by W. L. esquire, her next friend, was the complainant, and A. R. B. esquire, H. B., T. G.,

(f) See 4 Wentw. 292. and the to 318. last precedent and notes, ante 302

Law Library University of Chicago.