If the offender have not goods

to that amount,

he shall be imprisoned and set

in the pillory;

and rendered

21 Jac. 1. c. 28. s. 8. which again made the Statute of Elizabeth perpetual.

If such Offender have not Goods, Chattels, Lands, or Tenements, to the Value of £40, then he shall be imprisoned for one Half Year without Bail, and to stand upon the Pillory the Space of one whole Hour in some Market Town next adjoining to the Place where the Offence was committed, in open Market there, or in the Market Town itself where the Offence was committed. 5 Eliz. c. 9. s. 4.

And no such person so convicted or attainted shall from an incompetent thenceforth be received as a Witness in any Court of Record

witness.

2 Leon. 12.

Penalty on persens committing perjury,

until the Judgement is reversed; and upon such Reversal, the party grieved shall recover Damages against the party procuring such Judgement so reversed by Action on the Case. s. 5.

If any person, either by the Subornation or unlawful Procurement, sinister Persuasion, or Means of any other, or by their own Act, Consent, or Agreement, wilfully and corruptly commit any manner of wilful Perjury by Deposition in any of the Courts before mentioned, or being examined ad perpetuam rei memoriam, such person being duly convict thereof or attainted by Law, shall forfeit 20, and to have Imprisonment by the ment, and inca- Space of Six Months without Bail, and the Oath of such person shall not thenceforth be received in any Court of Record until Reversal of such Judgement; and that upon such Reversal the party grieved shall recover Damages against the person procuring such Judgement so reversed. s. 6.

£20 and six

months imprison

pacity.

Co. pla. 164, 5.

Cro. Eliz. 201. 434.

Cro. Car. 99. 5 Co. 59.

And if he have

no goods shall be set in the pillory.

Application of penalties.

Who may hear and determine such offences.

And if such Offender have not any Goods or Chattels to the Value of £20, that then he be set on the Pillory in some Market Place within the Shire, City, or Borough where the Offence shall be committed, by the Sheriff or his Ministers if without any City or Town Corporate, and if within such Place, then by the Head Officer there or his Ministers, and there to have both his Ears nailed, and from thenceforth to be discredited and disabled to be sworn in any of the Courts of Record aforesaid, until Reversal of the Judgement, and then to recover Damages as before mentioned. s. 7.

One Moiety of such Penalties to the Crown, and the other to the party grieved by such Offence, and suing for the same by Action, &c. s. 8.

The Judge of every such Court where any Suit shall be, and whereupon any Perjury shall be committed, and the Judges of Assise and Gaol Delivery in their Circuits, and the Justices of Peace in England or Wales, in their Quarter Sessions, within

147, 8. 267.

Cro. Jac. 120.

Liberties and without, shall enquire and hear and determine Cro. Eliz. 105. Offences by Inquisition, Presentment, Bill of Information before 428. them exhibited, or otherwise, and to give Judgement, and award Process and Execution according to Law. 5 Eliz. c. 9. s. 9. Proclamation of this Act shall be made twice in the Year at Proclamation of this statute. the Assises. s. 10.

133.

A Saving of the Power of the Lord Chancellor and Saving certain others of the Council under 11 H. 7. c. 25. and of the powers. Lord President and Council in Wales, touching Perjuries.

s. 13.

not extend to the

Provided that this Act nor any thing therein contained shall This Act shall not extend to any Spiritual or Ecclesiastical Court or Courts ecclesiastical within this Realm of England or Wales, or the Marches of the courts. same, but that all and every such Offender or Offenders as shall offend in form aforesaid, shall and may be punished by such usual and ordinary Laws as heretofore hath been, and yet is used and frequented in the said Ecclesiastical Courts; any thing in this present Act contained to the contrary in anywise notwithstanding. s. 11.

or subornation

ported for that

The more effectually to deter Persons from committing wilful Persons conand corrupt Perjury or Subornation of Perjury, be it enacted, victed of perjury that besides the Punishment already to be inflicted by Law for thereof, may so great Crimes, it shall and may be lawful for the Court or imprisoned in the Judge before whom any Person shall be convicted of wilful and tion and there kept at hard corrupt Perjury, or Subornation of Perjury, according to the labour for seven Laws now in being, to order such Person to be sent to some years, or transHouse of Correction within the same County, for a time not term. exceeding Seven Years, there to be kept to hard labour during all the said time, or otherwise to be transported to some of his Majesty's Plantations beyond the Seas, for a Term not exceeding Seven Years, as the Court shall think most proper; and thereupon Judgement shall be given that the Person convicted shall be committed or transported accordingly, over and beside such Punishment as shall be adjudged to be inflicted on such Person agreeable to the Laws now in being; and if Transportation be directed, the same shall be executed in such Manner as is or shall be provided by Law for the Transportation of Felons; and if any Person so committed or transported shall voluntarily escape or break Prison, or return from Transportation before the Expiration of the time for which he shall be ordered to be transported as aforesaid, such Person being thereof lawfully convicted shall suffer Death as a Felon without Benefit of Clergy, and shall be tried for such Felony in the County where he so escaped,

Dougl. 183, 4.

Form of in

formations and

or where he shall be apprehended. 2 G. 2. c. 25. s. 2. This Act is made perpetual by 9 G. 2. c 18.

Whereas by reason of Difficulties attending Prosecutions for Perjury and Subornation of Perjury, those heinous Crimes have frequently gone unpunished, whereby wicked and evil disposed Persons are daily more and more emboldened to commit the same; for Remedy whereof be it enacted, that in every Inforindictments for mation or Indictment to be prosecuted against any for wilful and porjury. corrupt Perjury, it shall be sufficient to set forth the Substance of the Offence charged upon the Defendant, and by what Court or before whom the Oath was taken (averring such Court or Person or Persons to have a competent Authority to administer the same), together with the proper Averment or Averments to falsify the Matter or Matters wherein the Perjury or Perjuries is or are assigned, without setting forth the Bill, Answer, Information, Indictment, Declaration, or any Part of any Record or Proceeding either in Law or Equity other than as aforesaid, and without setting forth the Commission or Authority of the Court, or Person or Persons before whom the Perjury was committed; any Law, Usage, or Custom to the contrary notwithstanding. 23 G. 2. c. 11. s. 1.

Justices of

them.

In every Information or Indictment for Subornation of Perjury, or for corrupt bargaining, or contracting with others to commit wilful and corrupt Perjury, it shall be sufficient to set forth the Substance of the Offence charged upon the Defendant, without setting forth the Bill, Answer, Information, Indictment, Declaration, or any Part of any Record or Proceeding, either in Law or Equity, and without setting forth the Commission or Authority of the Court, or Person or Persons before whom the Perjury was committed, or was agreed or promised to be committed; any Law, Usage, or Custom to the contrary notwithstanding. s. 2.

And the better to prevent great Offenders from escaping Assize, &c. may order prosecuPunishment by reason of the Expence attending such Prosecutions for perjury committed before tion, be it further enacted, that it shall and may be lawful to and for any of His Majesty's Justices of Assize or Nisi Prius, or General Gaol Delivery, or of any of the Great Sessions of the Principality of Wales, or of the Counties Palatine, and they are hereby authorized (sitting the Court or within Twenty-four Hours afterwards) to direct any Person examined as a Witness upon any Trial before him or them to be prosecuted for the said Offence of Perjury, in case there shall appear to him or them a reasonable cause for such Prosecution, and that it shall appear

to him or them proper so to do, and to assign the Party injured or other Person undertaking such Prosecution Counsel, who shall and are hereby required to do their Duty without any Fee, Gratuity, or Reward for the same; and every such Prosecution so directed as aforesaid, shall be carried on without Payment of any Tax or Duty, and without Payment of any Fee in Court, or to any Officer of the Court who might otherwise claim or demand the same; and the Clerk of Assize or his Associate, or Prothonotary, or other proper Officer of the Court (who shall be attending when such Prosecution is directed) shall and is hereby required, without any Fee or Reward, to give the Party injured, or other Person undertaking such Prosecution, a Certificate of the same being directed, together with the Names of the Counsel assigned him by the Court, which Certificate shall in all Cases be deemed sufficient Proof of such Prosecution having been directed as aforesaid; provided that no such Direction or Certifi cate shall be given in evidence upon any Trial to be had against any Person upon a Prosecution so directed as aforesaid. s. 3.

of a bankrupt

If upon the examination of any Bankrupt (under this Act) it The punishment shall appear that he, she, or they have committed any wilful or committing corrupt Perjury, tending to the Hurt or Damage of the Creditors perjury. of the said Bankrupt, to the value of Ten Pounds of lawful Money of England or above, the party so offending shall or may thereof be indicted in any of the King's Courts of Record, and being lawfully convicted thereof, shall stand upon the Pillory in some Public Place by the Space of Two Hours; and have one of his Ears nailed to the Pillory and cut off. 1 Jac. 1. c. 15. s. 9.

By the Statute 53 G. 3. c. 108. s. 17. it shall be lawful for the Commissioners of Stamps to make such Rules and Regulations, and to require Affidavits, or solemn Affirmations in the case of Quakers, of all such Facts and Circumstances in regard to the allowance of spoiled or useless Stamps, in all or any of the cases provided for by this or any former Act, as they shall in their discretion judge necessary or expedient for the purposes of preventing Frauds and Evasions; such Affidavits or Affirmations to be made before the said Commissioners, or any one or more of them, or before a Master in Chancery, Ordinary or Extraordinary, in England, or before any Person duly commissioned to take Affidavits by the Court of Session or the Court of Exchequer in Scotland, who are hereby respectively authorised to take the same, and administer the proper Oath or Affirmation for that purpose: And then by s. 18. it is enacted, that if any Person

The Commis

sioners of Stamps

may make regulations and rerespecting allowances for spoiled

quire affidavits

or useless stamps.

false oath or

cerning such

matters punishable as for per

Persons making making any such Affidavit or Affirmation as aforesaid, shall affirmation con- knowingly and wilfully make a false Oath or Affirmation of or concerning any of the Matters to be therein specified and set forth, every Person so offending, and being thereof lawfully convicted, shall be subject and liable to such Pains and Penalties as by any Law now in force Persons convicted of wilful and corrupt Perjury are subject and liable to.

jury.

All affidavits and

affirmations relating to the stamp duties

shall, if not expressly otherwise provided for, be made before the commissioners, &c.;

and persons

falsely swearing

or affirming in

matters relating thereto, punishable as for perjury.

Freeholders at election of

By the Statute 55 G. 3. c. 184. s. 52. all Affidavits and solemn Affirmations in the case of Quakers, required by this or any former or future Act of Parliament, or which shall be required by the said Commissioners of Stamps to be made for the Satisfaction of the said Commissioners, of and concerning any Facts or Circumstances upon which they are to execute the Powers vested in them by this or any other Act, or for the verification of any Accounts of or concerning the Duties under their Management, or for any other Purpose relating to such Duties, shall in all cases not otherwise expressly provided for, be made before the said Commissioners or any one or more of them, or before a Master in Chancery, Ordinary or Extraordinary, in England, or before any Person duly commissioned to take Affidavits by the Court of Session or the Court of Exchequer in Scotland, or before one of his Majesty's Justices of the Peace in Scotland: And then s. 53. enacts, that all and every Person and Persons before whom any Affidavit or solemn Affirmation is or shall be required or directed to be made by this or any former or future Act of Parliament relating to any Stamp Duty, shall be and are hereby authorized to take the same, and administer the proper Oath or Affirmation for that Purpose; and if any Person making any such Affidavit or Affirmation of or concerning any of the matters to be therein specified and set forth, every Person so offending and being thereof lawfully convicted, shall be subject and liable to such Pains and Penalties as by any Law now in force persons convicted of wilful and corrupt Perjury are subject and liable to.

The Stat. 2 G. 2 c. 24. s. 3. directs the Returning Officer of Members to serve in Parliament to take a certain prescribed Oath; and by s. 5. if, in taking such Oath, he shall be guilty of wilful and corrupt Perjury, and be thereof convicted, he shall incur and suffer the Pains and Penalties by Law inflicted in cases of wilful and corrupt Perjury.

The Statute 18 G. 2. c. 18. directs a certain form of Oath (or Affirmation by Quakers) to be taken by Freeholders voting shire taking false at Election of Knights of the Shire," which Oath (or solemn

knights of the

oath or affirma