said, of his own most wicked, malicious, and corrupt mind and disposition, and by his own act, consent, and agreement, in manner and form aforesaid, wilfully and corruptly did commit wilful and corrupt perjury, to the great damage of the said W. S. against the form of the statute in that case made and provided, (b) and against the peace of our said lord the king, his crown and dignity. (c) Indict ment for INDICTMENTS FOR SUBORNATION OF PERJURY. Somersetshire, to wit. The jurors for our lord the king, upon suborna. their oath present, that one J. M. late of, &c. single woman, on, tion of per &c. at, &c. was pregnant with child, and that the said child was jury for procuring likely to be born a bastard, and to be chargeable to the said a woman to swear a bastard child to one J. P. (d) *parish of K. aforesaid, in the county aforesaid. And the jurors aforesaid, upon their oath aforesaid, further present, that on, &c. aforesaid, at, &c. aforesaid, one W. B. late of, &c. yeoman, being a person of an evil mind and a wicked disposition, and not having [*476] the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and wickedly and maliciously contriving, devising, and intending, not only to deprive J. P. late of, &c. labourer, of his good name, fame, and reputation, and to put him to great trouble and expense, and also to cause the said J. P. to be falsely charged with begetting the said J. M. with child, and (b) 5 Eliz. c. 9. (c) The following advice was given as to the indictment and evidence. A copy either of the roll, or of the nisi prius record and postea in each of the causes mentioned in the indictment, should be examined with the roll or record by some per. son, who may prove the same before the grand jury, and at the trial, the original affidavit must be taken down, the hand writing of defendant's signature proved, the commissioner's commission and his signature must also be proved, and the use made of the affidavit on the taxation of the costs. This indictment if preferred at the sessions, must be an indict ment upon the stat. 5 Eliz. c. 9. because the sessions have no jurisdiction over an indictment for perjury at the common law. The fact of Mr. C. the father's attendance as attorney in the other causes should be proved, together with the notoriety of his doing so and defendant's knowledge thereof, so far as it can be done. (d) 4 Wentw. 234. as to the law and indictment, ante 317*, 8*. See other forms, Cro. C. A. 329. 2 Starkie, 529. See form of indictment against a woman for perjury in filiating a child, ante 438*, 9*. and indictments, for dissuading a wit ness from giving evidence, ante 235*. with being the father of the said child, with which the said J. M. was then and there pregnant, did falsely, corruptly, knowingly, wilfully, and wickedly solicit, suborn, and procure the said J. M. to go before one J. H. clerk, (he the said J. H. then being one of the justices of our said lord the king, assigned, &c.) [as ante 182*.] and make oath that one J. P. of, &c. labourer, (meaning the said J. P.) was the father of the said child, with which she was so pregnant. And the jurors aforesaid, upon their oath aforesaid, do further present, that in consequence, and by the means, encouragement, and effect of the said wicked and corrupt subornation and procurement of the said W. B. she the said J. M. afterwards, to wit, on the said, &c. aforesaid, at, &c. aforesaid, did go in her proper person before the said J. H. being such justice as aforesaid, and then and there having sufficient power and authority to administer an oath and take the examination of the said J. M. hereinafter mentioned, and the said J. M. then and there was sworn, and took her corporal oath before the said J. H. on the Holy Gospel of God. And the said J. M. being so sworn as aforesaid, by the means and in consequence of the said wicked solicitation, subornation and procurement of the said W. B. did then and there upon her oath aforesaid, before the said J. H. being such justice as aforesaid, falsely, wickedly, wilfully, and corruptly say, depose, and swear, and give in her examination in writing as followeth :-County of Somerset; The voluntary examination of J. M. of K. in the said county, single woman, taken on oath before me J. H. one of his majesty's justices of the peace in and for the said county, this third day of November, who saith that she is now with child, and that the said child is likely to be born a bastard, and to be chargeable to the parish of K. in the said county, and that J. P. of K. aforesaid, in the said county, labourer (meaning the said J. P.) is the father of the said child; as by the said examination, relation being thereunto had, maỳ more fully and at large appear. Whereas in truth and in fact, the said W. B. at the time of soliciting, suborning, and procuring the said *J. M. corruptly and falsely to swear as aforesaid, well knew that [*477] the said J. P. was not the father of the said child, with which she was so then pregnant as aforesaid. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said W. B. on the said, &c. aforesaid, at, &c. aforesaid, did falsely, corruptly, knowingly, wilfully, and wickedly suborn and procure the said J. M. to VOL. IF 2 L nation of trial of prisoner set up an alibi. (e) commit wilful and corrupt perjury, in and by her oath aforesaid, before the said J. H. so then and there having lawful and competent authority to administer the said oath, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the evil and bad example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. [*478] *That heretofore, to wit, at the session of Oyer and Terminer For subor- of our lord the king, holden at K. in the county of S. on, &c. beperjury on fore Sir R. E. knight, one of the justices of his majesty's court of king's bench, and Sir W. C. knight, then one of, &c. then highway robbery justices of our said lord the king, assigned, &c. [set out comwhere the mission of Oyer and Terminer as in last vol.] by the oath of H. V. esquire, &c. [the names of the grand jury,] good and lawful men of the county aforesaid, then and there sworn and charged to enquire for our said lord the king, for the body of the county aforesaid, it was presented in manner and form following, to wit, [here set out the indictment.] Wherefore the sheriff of the county aforesaid, was commanded not to omit, for any liberty in his bailiwick, but to take the said C. D. to answer the premises [*479] which said indictment *the above named justices of our said lord the king, afterwards, to wit, at the delivery of the gaol of our said lord the king, holden for the said county of, on the said, &c. before the aforesaid Sir R. E. knight, Sir W. C. knight, and others, their associates, then justices of our said lord the king, assigned to deliver his said gaol of the prisoners therein, &c.; and afterwards, at the same delivery of the said gaol of our said lord the king, held for the county aforesaid, at, &c. aforesaid, in the said county, on the said, &c. before the said justices of our said lord the king, and other their associates aforesaid, came the said C. D. in the custody of T. C. esquire, sheriff of the county aforesaid, in whose custody in the said gaol for the cause aforesaid, he had been before committed, being brought to the bar here in his proper person, who was committed to the said sheriff, and forthwith concerning the premises in the said indictment above specified and charged on him as above, being asked in what manner he would be tried, the said J. G. said he (e) See 4 Wentw. 250. and law, ante 317*, 8*. was not guilty thereof, and concerning which, for good and ill, he did put himself upon his country, upon which said issue, such proceedings were had, that afterwards, to wit, on the said delivery of the said gaol of our said lord the king, so held as aforesaid, a certain trial was held by a jury of the said county, taken between our said lord the king, and the said C. D. as by the record thereof doth more fully appear, upon which said trial evidence was given on behalf of our said lord the king, that the felony and robbery in the said indictment above specified, was committed by the said C. D. about half an hour after six in the afternoon, on the fourth day of June, in the eighth year, &c. And the jurors, &c. now here sworn and charged to enquire for our said lord the king, for the body of the said county of -, upon their oath aforesaid, do further present, that A. B. late of, &c. being a person of wicked and evil mind and disposition, and devising and intending as much as in him lay, to prevent the due course of law and justice, and to cause and procure the said C. D. to be entirely acquitted of the said felony and robbery charged on him, and by the said indictment to escape unpunished for the same, did before the said trial, to wit, on, &c. at, &c. unlawfully, and wickedly solicit, incite, and endeavour to persuade one E. F. to appear as a witness on the said trial, so as aforesaid had, for and on the behalf of the said C. D. and on the said trial falsely to depose, say, and give in evidence upon his oath, to the jury of the county, aforesaid, that the said C. D. carried a suit of clothes on the fourth day of June last, (meaning the fourth day of June, in the eighth year, &c. the day on which the said felony and robbery in the said indictment above specified, were proved as aforesaid to have been committed) * to the said C. D. at [*480] his lodgings (meaning the lodgings of him the said C. D.) at the Queen's Head in the Ship yard, (meaning Ship yard, in the county last aforesaid) between four and five (meaning, &c.) in the afternoon of the same day, and that he the said E. F. staid there an hour, and that the said C. D. was then sick, and did not buy his cloaths, whereas in truth and in fact, the said E. F. did not go to the said C. D. on the fourth day of June, in the year last above mentioned, at any time in the same day, at the Queen's Head in Ship yard, aforesaid, or at any other place whatsoever, on any account whatsoever, and whereas in truth and in fact, at the time when the said A. B. did so solicit, incite, and en endeavour to persuade the said E. F. to give such evidence upon his oath as aforesaid, he the said A. B. well knew that he the said E. F. would not give his evidence according to the truth, and that the same evidence so to be given, was false, feigned, and altogether fictitious, to the evil example, &c. and against the peace, &c. a child to an inno cent person.(ƒ) INDICTMENTS FOR ATTEMPTS TO SUBORN TO For endea- That before and at the time of the committing of the offence vouring to herein after next mentioned, that is to say, on, &c. one E. F. late persuade a woman to of, &c. was pregnant of a certain child before then begotten on the commit pe jury in body of her the said E. F. by A. B. late of, &c. and that the said swearing child then was likely to be born a bastard, and to be chargeable to the said parish of, &c. to wit, at, &c. aforesaid. And the jurors, &c. do further present, that the said A. B. being a person of an evil and wicked mind and disposition, and not having, &c. but being moved and seduced, &c. and wickedly and maliciously contriving, devising, and intending not only to exonerate himself from being the reputed father of the said child, and from the trouble, charges, and expences of his moneys that might arise and ensue therefrom, but to deprive C. D. late of, &c. of his good name, fame, credit, and reputation, and to put him to great trouble and expense of his moneys, and also to cause the said C. D to be falsely charged with getting the said E. F. with child, and with [*481] * being the father of the said child with which the said E. F. was then and there so pregnant as aforesaid, did on the said, &c. at, &c. aforesaid, unlawfully and maliciously solicit, incite, and endeavour to persuade the said A. B. to go, and did then and there promise to give her the said A. B. the sum of five pounds of lawful money, &c. if she would go before some justice of our said lord the king assigned to keep the peace of our said lord the king, in (ƒ) The attempt to persuade a witness to swear falsely is a misdemeanour at common law, though in effectual, Hawk. b. 2. c. 69. s. 10 2 East, 17. 6 East, 474. See the three following precedents, and Trem. P. C. 82. And see indictment for dissuading a witness from giving evidence, ante 235". and indictments for subornation, ante 475°, 477". |