serve the said J. T. with a writ of capias, issuing out of the said court of the king's palace aforesaid, at the suit of the said J. R. against the said J. T. by delivering to the said J. T. a true copy of said writ, before the return thereof, and within the jurisdiction of the said court, and whereas in truth and in fact, J. C. did not serve the said J. T. with a writ of capias, issuing out of the said court, at the suit of the said J. R. in any manner whatsoever, and so, &c. [as ante 320*.]

For per jury in giving evi

dence up

on execut

IN CIVIL PROCEEDINGS-ON INQUIRY OR TRIAL.

That T. L. late of, &c. farrier, on, &c. at the castle of N. in the shire-house, there, in the said county of N. in his own proper person, came before L. M. esquire, then and still being sheriff ing a writ of the said county, and was produced and examined as a witness of enquiry on the part and behalf of one T. D. and one C. D. upon the exesheriff (x) cution of a certain writ of enquiry of damages, before that time [*350] issued out of his majesty's court of common pleas at W. in the

before

county of M. and directed to the said sheriff of N. in and concerning a certain plea of trespass and assault, in which one J. P. was the plaintiff, and the said T. D. and C. D. were the defendants, and by which said writ the said sheriff was commanded, that by the oath of twelve honest and lawful men of his county, he should diligently enquire what damages the said J. P. had sustained, as well by reason of the said trespass and assault, as for his expences and costs laid out by him about his suit in that behalf. And the jurors, &c. do further present, that the said T. L. did then and there, to wit, in the shire-house aforesaid, before the said L. M. sheriff as aforesaid, take his corporal oath upon the Holy Gospel of God, to speak the truth, the whole truth, and nothing but the truth, touching and concerning the matters then in question between the said parties (he the said L. M. sheriff as aforesaid, then and there having sufficient and competent power and authority to administer the said oath to the said T. L.) And the jurors, &c. do further present, that upon the execution of the said writ of en

(x) See this form, Cro. C. C. 8th Ed. 360. see next form more concise, see notes ante 302" to 318".

quiry, certain questions then and there became and were material, that is to say," whether, &c." (here set out the questions upon the answers to which the perjury is afterwards assigned) and that the said T. L. being so sworn as aforesaid, and unlawfully, wickedly, and maliciously contriving, devising, designing, and intending to induce the jurors of a certain jury, summoned, and then and there duly sworn, to enquire of the truth of the premises aforesaid, to find and give small and inconsiderable damages for the said J. P. the plaintiff aforesaid on that inquest, and unjustly designing and intending to aggrieve, injure, and prejudice the said J. P. and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, then and there to wit, on the said, &c. at the castle of N. aforesaid, in the said shire-house there, in the said county of N. before the said L. M. being such sheriff as aforesaid, upon his said oath so taken as aforesaid, falsely, knowingly, wickedly, maliciously, wilfully, and corruptly by his own act and consent, upon the execution of the said writ, did say, depose, affirm, and give in evidence among other things before the said L. M. being such sheriff as aforesaid, and to and before the jurors of the said jury, * summoned [*351] to enquire as aforesaid, in substance and to the effect following, that is to say, that, &c. [Here set out the matter falsely sworn to, and the assignment of perjury, as usual, and as post 353*, and then conclude as ante 320*.]

a more

That on, &c. at, &c. a certain writ of inquiry in a certain cause, The like in in which F. G. was plaintiff, and H. I. the defendant, came on to concise be executed, and was then and there executed before M. N. form. (y) esquire, then being sheriff of the said county, and that A. B. late of, &c. labourer, did then and there before the said L. M. take his oath upon the Holy Gospel of God, to speak the truth, the whole truth, and nothing but the truth, touching and concerning the matters there in question between the said parties, he the said L. M. as such sheriff as aforesaid, then and there having sufficient and competent power and authority to administer the said oath to the said A. B. and that the said A. B. being so sworn as aforesaid, unlawfully, wickedly, and maliciously contriving, devising, designing, and intending to induce the jurors of a certain jury

(y) See ante 349". and the notes ante 302 to 318*. VOL. II.

2 A

For perjury by a witness on

summoned, and then and there duly sworn, to enquire of the truth of the premises aforesaid, to find and give small and inconsiderable damages for the said F. G. the plaintiff aforesaid, on that inquest, and unjustly designing and intending to aggrieve, injure, and prejudice the said F. G. then and there, to wit, on, &c. at, &c. before the said M. N. being such sheriff as aforesaid, upon his said oath so taken as aforesaid, upon the occasion aforesaid, falsely, wickedly, maliciously, wilfully, and corruptly did say, depose, affirm, and give in evidence before the said L. M. being such sheriff as aforesaid, and to and before the jurors of the said jury, summoned to inquire as aforesaid, that [set out the matter falsely sworn, and the assignments of perjury, and conclude as post 353]

Middlesex, that heretofore, to wit, in Michaelmas term, in the 45th year of, &c. in the court of our said lord the king, before a trial in the king himself, the same court then (a) and still being held at the King's Bench at Westminster, in the county of Middlesex, amongst the pleas of Westmin- the said term, a certain issue (6) was duly joined in the said court sittings in of our said lord the king, before the king himself, between M. J. term. (*) the plaintiff, and J. H., J. S., J. C., and T. L. defendants, in a cer

ster at the

tain action of trespass, assault, and false imprisonment, which action before that time had been commenced between the parties in that behalf, in the said court of our said lord the king, before the [*352] king*himself, and that afterwards, to wit, at the sitting of nisi prius holden for the county of Middlesex, on, &c. at Westminster aforesaid, in the great hall of pleas there commonly called Westminster Hall, (c) before Edward lord Ellenborough, then and yet chief justice of our said lord the king, assigned to hold pleas in the said court of our said lord the king, before the king himself, by form of the statute and so forth, the same issue came on to be tried, and then and there was tried in due form of law, by a jury of the said county of Middlesex, in that behalf duly taken and sworn between the said parties; and that upon the trial of the said issue, one M. H. late of the parish of Saint Margaret, within the liberty of Westminster, in the county of Middlesex,

(z) This indictment was found against Martha Howard, A. D. 1806, and framed by an eminent crown lawyer ante 302 to 318".

(a) If after term, this allegation

should be omitted, 5 Burr. 2586.

(b) See note n. post 353". Lon. Ed. (c) This is material, see ante

307, 8.

spinster, did then and there, to wit, on the said 4th day of December, in the 45th year aforesaid, at the said parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex, appear and was produced as a witness for and on the behalf of the said M. J., and that the said M. H. did then and there before the said Edward lord Ellenborough, the chief justice aforesaid, take her corporal oath, and was then and there duly sworn upon the Holy Gospel of God, that the evidence which she the said M. H. should give to the court and jury sworn between the parties aforesaid, touching the matters in question, on the said issue, should be the truth, the whole truth, and nothing but the truth (he the said lord Ellenborough, the chief justice aforesaid, then and there having competent power and authority to administer the said oath to the said M. H. in that behalf); and then and there upon the trial of the said issue it became a material question, whether the said J. H., J. S., J. C. and T. L. or either of them had struck the said M. J. or had dragged her by the hair of her head; and that thereupon the said M. H. being so produced and sworn as aforesaid, devising and wickedly intending to cause and procure a verdict to pass against the said J. H. for the said M. J. on the trial of the said issue, and not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, did then and there, to wit, on the said, &c. at the parish of Saint Margaret, &c. aforesaid, before the said Edward lord Ellenborough the chief justice aforesaid, falsely, maliciously, wilfully, wickedly and corruptly, and by her own proper act and consent, depose, swear, and give evidence amongst other things to the jurors of the said jury so sworn between the said parties as aforesaid, in substance as follows: that the defendant H. (meaning the said J. H.) dragged the plaintiff M. J. by the hair of her head, on the ground, from her own door in Saint *Catharine's lane, as far as Wilkinson's the butcher; whereas, [*353] in truth and in fact, the said J. H. did not drag the plaintiff M. J. by the hair of her head on the ground, from her own door in Catharine's lane, as far as Wilkinson's the butcher; and whereas, in truth and in fact, the said J. H. did not drag the plaintiff M. J. by the hair of her head at all. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said M. H. at and upon the said trial of the said issue, on the said 4th day of December, in the 45th year aforesaid, at the parish of Saint Margaret, within

[*356]

For perjury on trial in K. B. of an

issue at bar, di. rected out of the

court of chancery.

W

the liberty aforesaid, in the county aforesaid, before the said Edward lord Ellenborough the chief justice aforesaid, so as aforesaid having sufficient power and authority to administer the said oath to the said M. H. in that behalf, by her own proper act and consent, and of her own most wicked and corrupt mind in manner and form aforesaid, did falsely, wickedly, and corruptly upon her oath aforesaid, commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the manifest perversion of justice, to the evil and pernicious example of all others, and against the peace of our said lord the king his crown and dignity.

* That heretofore, to wit, on Saturday next, after three weeks from the day of Easter, in Easter-term, in the second year of the reign of our sovereign lord George the third, king of Great Britain, &c. in the court of our said lord the king, before the king himself, (the said court then (e) and still being at Westminster, in the said county of Middlesex,) a certain issue directed by the present lord high chancellor of Great Britain, in due manner joined, touching and concerning the validity of a certain will and codi[*357] cil of one W. B. deceased, in which said issue B. L. esquire was the plaintiff, and E. Y. esquire, the defendant, in due manner came on to be tried and was then and there tried, in due form of law, by a certain jury of the country, in that behalf duly sworn and taken between the said parties. And the jurors aforesaid, now here sworn upon their oath aforesaid, do further present, that upon the trial of the said issue it then and there became, and was made a material question between the said parties, whether the said W. B. at the time of signing, sealing, and publishing the said will, was of such sound and disposing mind as to be capable of making a will or not. And the jurors, &c. that C. D. late of, &c. not having, &c. but being moved and seduced, &c. and intending unjustly to aggrieve the said B. L., the plaintiff abovenamed, and wickedly to cause and procure a verdict to pass against the said B. L., the said plaintiff, on the said issue so joined as aforesaid, on the said Saturday next, after three weeks from the day of Easter aforesaid, in the second year aforesaid, at Westminster aforesaid, in the county aforesaid, came into the said court of our said lord the king, before the king himself, and appeared

(d) See form Cro. C. C. 8th Ed. 360.

(e) See ante 351*.