assignment of perjury in other matter last sworn} And so the jurors aforesaid, upon their oath aforesaid, do say that the said A. B. then and there, to wit on the said, &c. at, &c. aforesaid in open court at the said sessions so holden as aforesaid, upon the hearing of the said appeal on her oath so taken as aforesaid (the said court then and there having competent power and authority to administer the said oath to the said A. B. in that behalf) unlawfully, &c. [conclude as ante 468.] For perjury in mitigation of INDICTMENTS FOR PERJURY-IN CRIMINAL PROCEEDINGS, AFTER TRIAL. That heretofore to wit, in-term, in, &c. acertain indictment then before in due manner found against one T. E. by the name and description of T. E. late of &c. was depending in the court of our said lord the king before the king himself at Westminster, and that in and by the said indictment it was charged that the said T. E. late of &c. [set out the indictment which in this case was for having naval stores in possession without authority] and the jurors, &c. do further present, that such proceedings were thereupon had that a certain issue joined on the said indictment between J. T. esq. coroner and attorney of our said lord the king, in the court of our said lord the king before the king himself, who for our said lord the king in that behalf prosecuted, and the said T. E. in the same court afterwards, to wit, on, &c. at, &c. before Sir W. H. A. knt. one of the justices of our said lord the king assigned to hold pleas before the king himself and Sir B. H. knt. one of the barons of our said lord the king of his court of Exchequer came on to be tried, and then and there was tried by a certain jury of the country in that behalf duly taken, and the said T. E. was then and there convicted and found guilty by the said jury of the premises in the said indictment, specified and charged upon him in manner and form as in and by the said indictment it was alleged against him, and the jurors, &c. do further present that R. P. late of &c. being a wicked and evil disposed person, and unlawfully and unjustly contriving and intending contrary to truth and justice, to induce and cause the said court of our said lord the king before the king himself at Westminster, to mitigate the punishment of him the said T. (1) This was the indictment against Roger Prout, in K. B., Trin. T. 35 Geo. III. from crown office, see 4 Wentw. 260. and notes ante 302 to 318. E. for his offences aforesaid and to defeat the ends of justice afterwards, to wit, on, &c. at, &c. in his own proper person appeared before SirN. G. knt. then and yet being one of the justices of our said lord the king assigned to hold pleas before the king himself, and the said R. P. then and there was sworn and took his corporal oath upon the holy gospel of God before the said Sir N. G. (he the said Sir N. G. then and there having sufficient power and competent authority to administer an oath to the said R. P. in that behalf) and that the said R. P. being so sworn and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and unlawfully and unjustly contriving and intending as aforesaid, on the said, &c. at &c. aforesaid, before the said Sir N. G. upon his oath aforesaid, did falsely, maliciously, wickedly, wilfully, and corruptly say, depose, swear, and make affidavit in writing to be exhibited and read, and which afterwards, to wit, on, &c. was exhibited and read in the said court of our said lord the king before the king himself at Westminster, when he the said T. E. was brought into the said court to hear and receive the judgment of the said court for his offences aforesaid, amongst other things in substance, and to the effect following, that is to say, &c. [here set out the affidavit with innuendoes] whereas in truth and in fact, &c. [assign the perjury as usual] And so the jurors, &c. do say that the said R. P. on the said, &c. at, &c. aforesaid, upon his oath aforesaid, before the said Sir N. G. (he the said Sir N. G. then and there having competent and sufficient power and authority to administer the said oath to the said R. P. in that behalf as aforesaid) did falsely, maliciously, wickedly, wilfully, and corruptly, commit wilful and corrupt perjury, to the great displeasure of Almighty God, to the great perversion of public justice, to the evil example of all other persons in the like case offending, and against the peace, &c. an affidavit relative to the river Thames, Middlesex, That heretofore, that is to say, on, &c. at, &c. in, For perjury in &c. before the right honourable W. lord M. chief justice of our made in the lord the king, assigned to hold pleas before the king himself, and court of K. B. Sir S. S. S. knight lord chief baron of his majesty's court of ex- removal of a chequer, justices of our said lord the king assigned to hold the as- nuisance in the sizes in and for the county of Surrey aforesaid, a certain bill of in- for which dedictment before them duly found against W. G. late of &c. by the fendant had name and addition of W. G. late of &c. for unlawfully erecting a convicted and continuing a certain nuisance, to wit, certain ledges and dams at the assizes. in and across a certain navigable river, being the king's common (m) See 4 Wentw. 260. See to 318. last precedent and notes ante 302 1 been indicted (m) highway at Richmond, in the parish of, &c. in, &c. called the river Thames, otherwise the Thames, used for all the king's subjects with their barges, boats, and other vessels to navigate, sail, pass, and repass in and along the same at their will and pleasure, whereto the said W. G. had pleaded that he was not guilty of the premises in the said indictment contained, and whereon the issue was duly joined between our sovereign lord the king and the said W. G. and the said W. G. came on to be tried and was tried, and the said W. G. was then and there to wit, on, &c. before the justices aforesaid in due manner, and according to due course of law by a jury of the said county of S. found guilty of the premises in the said indictment specified and charged upon him in manner and form as by the said indictment was alleged against him and the jurors aforesaid now here charged and sworn to enquire in form aforesaid upon their oath aforesaid, do further present that after the conviction of the said W. G. and before the said court of our said lord the king before the king himself had passed any judgment on the said W. G. for the offence whereof he had been so convicted, to wit, on, &c. the said W. G. not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and contriving and diabolically intending not only to elude, but also to subvert the laws and public justice of this kingdom, and to avert the truth itself, came personally into the said court of our said lord the king before the king himself (the said court then and still being held at W. in the said county of Middlesex) and took his corporal oath on the holy gospel of God before the said court, the same being then and still held at W. in the said county of Middlesex, in the great hall of pleas, there called Westminster Hall, the said court then and there having full power and authority to administer an oath to the said W. G. in that behalf, and then and there to wit, on, &c. in the said court of our said lord the king before the king himself (the said court then and still being held, at, &c.) by his own act and consent upon his said oath before the said court (the said court then and there having such full power and authority to administer an oath to the said W. G. as aforesaid) falsely, wilfully, maliciously, and corruptly did say, depose, swear, and make affidavit in writing, which said affidavit is intitled, as follows, to wit: In the King's Bench, the king versus G. &c. and was made by the said W. G. by which said affidavit the said W. G. did (amongst other things) falsely, &c. say, &c. as followeth, that is to say, and first this deponent, W. G.(meaning himself the said W.G.) having, &c. [here state matter sworn with proper innuendoes] as by the said affidavit affiled of record in the said court of our said lord the king before the king himself, here, to wit, at Westminster, in the said county of Middlesex, reference being thereunto had, will among other things fully appear, whereas in truth and in fact the said W. G. did not in, &c. [here assign the perjury as usual.] And so the said now jurors for our said lord the now king upon their oath aforesaid, say, that the said William, on, &c. in the said court of our said lord the king before the king himself (the said court then and still being held at Westminster in the said county of Middlesex) before the said court (the said court then and there as aforesaid, having full power and authority to administer an oath to the said W. G. in that behalf) by, of, and through the said W. G. his own act and consent in manner and form aforesaid upon his oath aforesaid falsely, &c. committed wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of the laws of this realm, to the wicked and evil example of all others in the like case offending, to the subversion of public justice and good government of this kingdom, and against the peace of our said lord the now king, his crown, and dignity, &c. INDICTMENTS FOR PERJURY, ON STATUTE, 5 ELIZ. c. 9. c. 9. in an aff missioner in increase costs West Riding of the [Commencement as ante 1 & 2] That before For perjury, county of York, to wit, S and at the time of the being sworn and on 5 Eliz. taking the corporal oath as hereinafter mentioned, a certain cause davit sworn in which Sir T. V. baronet was the plaintiff and W. S. was the before a com defendant, was depending in suit and variance in the court of our the country to lord the king before the king himself, by action concerning damages. against the de.. And the jurors, &c. do further present, that H. C. late of, &c. fendant in a gentleman, being an evil disposed person, and wickedly contriving verdict aand intending to aggrieve, injure, and prejudice the said W. S. the gainst him. (») defendant in the aforesaid cause, and subject him to the payment of heavier costs, charges, and expences than he of right was or otherwise would be liable to, on, &c. at Tadcaster aforesaid, in the West Riding aforesaid, came in his proper person before J. C. gent. then (n) This indictment was settled, law, ante 382, and notes as to the A. D. 1816, by a very eminent statute, ante 344. barrister. See forms at common cause after Defendant's using the athdavit. (0) and there being a commissioner duly authorized and empowered to take and receive affidavits in, touching, and concerning matters and proceeding of or in the court of our said lord the king before the king himself; and that the said H. C. then and there, to wit, on the same day and year aforesaid, at, &c. aforesaid, was duly sworn, and did then and there take his corporal oath upon the Holy Gospel of God before the said J. C., (he the said J. C. then and there having sufficient and competent power and authority to administer the said oath to the said H. C. in that behalf,) and that the said H. C. being so sworn as aforesaid, did falsely, maliciously, and wickedly, and by his own act, consent, and agreement, wilfully, and corruptly then and there, before the said J. C. as such commissioner as aforesaid, depose, swear, and make affidavit in writing of and concerning one H. C. then deceased, and of and concerning the attendance of the said H. C. deceased, in the said cause at the lent assizes holden at the Castle of York in and for the county of York, in the year of our Lord 1815, amongst other things as followeth, that is to say, that the said H. C. deceased attended at the said assizes (meaning the said lent assizes holden at the Castle of York as aforesaid,) as attorney and material witness in this cause, (meaning the cause above last mentioned) twelve whole days, and had no other business at the said assizes as by the said affidavit affiled in the said court of the said lord the king before the king himself, to wit, at Westminster in the county of Middlesex, amongst other things more fully appears; whereas in truth and in fact, he the said H. C. deceased did attend at the said assizes as attorney for the plaintiff in a certain other cause entered to be tried, and tried at the said assizes, in which cause one L. M. was the plaintiff and one G. H. was the defendant, and as attorney for the plaintiff in a certain other cause entered to be tried, and tried at the said assizes, in which cause one S. T. was the plaintiff and one I. K. the defendant; and whereas in truth and in fact, the said H. C. deceased did attend at the said assizes as attorney in divers, to wit, two other causes at the said assizes; and whereas in truth and in fact, the said H. C. deceased, in the said affidavit named had other business at the said assizes. And the said H. C. the now defendant afterwards, to wit, on, &c. did of his own act, consent, and agreement, wilfully and corruptly produce and use, (o) and cause to be produced and used the said affidavit upon the taxation of the costs of the said Sir T. V. in the said first mentioned cause, in order to obtain the judgment of the said court for more costs in the said cause for the said Sir T. V. against the said W. S. than the said Sir (0) As to the materiality of this averment, see ante, p. 316. |