Imágenes de páginas
PDF
EPUB

his corporal oath, concerning the matters contained in the said answer, before the said A. A. then as aforesaid being one of the said masters of the said Court of Chancery, then and there swear, that so much of the said auswer of him the said A. B. so as aforesaid produced and exhibited before the said A. A. as concerned the act and deed of him the said A. B. he the said A. B. knew to be true; and that so much of the said answer of him the said A. B. as concerned the act and deed of any other person, he the said A. B. believed (e) to be true; and that the said A. B. minding and intending unjustly to aggrieve the said M. F. the complainant aforesaid, did then and there, upon his oath aforesaid, in his answer aforesaid, before the said A. A. then and there being one of the said masters of the said Court of Chancery as 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) in substance and to the effect following, that is to say, that, (set out so much of the answer as can be con. tradicted, allege a prout patet, as before, from the *; falsify and conclude as in pr. 148.)

157. Indictment for perjury in an affidavit made in the Court of King's Bench, in order to support a motion for a criminal information (f).

That C. A. late of, &c. esquire, contriving and intending to aggrieve and injure one W. B. on, &c. in order to obtain a rule of the court of our said lord the king, before the king himself, against the said W. B. whereby it might be ordered by the said court, that a day should be given to the said W. B. to shew cause why an information should not be exhibited against him the said W. B. for

(e) A man may be indicted for perjury in swearing that he believes a matter to be true, which he knows to be false. Pedley's case, Leach, 277.

(f) R. v. Atkinson. See the original indictment,C.C.C.

365. which is too long, and too much involved in its own particular circumstances, to be introduced here at length; the formal part only, abstracted from the particular facts, may be of more general use.

certain misdemeanors, in publishing certain supposed scandalous libels concerning the said C. A. did come in his the said C. A.'s proper person into the said court of our said lord the king, before the king himself, (the said court then and still being at Westminster aforesaid, in the county of Middlesex aforesaid,) and did then and there produce to the said court a certain affidavit in writing of him the said C. A. to be exhibited to the said court for the purpose aforesaid, and then and there, before the same court, was duly sworn, and took his corporal oath upon the holy gospel of God, concerning the truth of the matters contained in the said affidavit, (the same court then and there having a lawful and competent authority to administer the same oath to the said C. A. and to take and receive the said affidavit of the said C. A.); and that the said C. A. being so sworn as aforesaid, did then and there, to wit, on, &c. at, &c. in the said county of Middlesex, in and by his affidavit aforesaid, upon his oath aforesaid, before the said court, (the said court then and there having a lawful and competent authority to administer the said oath to the said C. A. and to receive his said affidavit,) falsely, corruptly, knowingly, wilfully, and maliciously depose and swear (among other things) as follows, that is to say, (alleging the matter sworn, the falsification, and the conclusion, as in pr. 147.)

158. Against a witness for perjury committed on the trial of a felon at the quarter sessions.

That at the general quarter sessions of the peace of our lord the now king, holden at Pontefract, in and for the west riding of the county of York, on, &c. beforejustices of our said lord the king, assigned to keep the peace of our said lord the king in the west riding of the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, committed within the riding aforesaid, one C. D. was in due form of law tried upon an indictment then and there depending against him for felony, to wit, grand larciny; and that A. B. late of, &c. labourer, did then and there take his corporal oath, before the said justices, upon the holy gospel of God, to speak the truth, the whole truth, and nothing but the truth, concerning the matter then depending, the said justices then and there having competent power and authority to

administer the said oath to the said A. B.; and that it then and there became and was a material question upon the trial of the said C. D. whether he the said A. B. did or did not, on, &c. for and on the behalf of the said C. D. offer to one E. F. the prosecutor of the said indictment, the sum of 10s. to make up the said prosecution, and that the said A. B. being duly sworn as aforesaid, did then and there falsely, corruptly, wilfully, and maliciously say, depose, and give in evidence before the said justices, that he the said A. B. did not on the

day of for and on the behalf of the said C. D. offer to give the sum ofl. to the said E. F. to make up the prosecution for the said felony with which the said C. D. was so charged as aforesaid; whereas in truth and in fact the said A. B. did, on the said day of, at S. aforesaid, offer on behalf of the said C. D. to give the sum of 10s. to the said E. F. to make up the prosecution for the said felony. And so the jurors aforesaid now here sworn and charged to inquire for our said lord the king, for the boay of the said county, upon their oath aforesaid, do say, that the said A. B. at the said general quarter sessions of the peace, so holden at Pontefract aforesaid, in and for the said west riding of the county aforesaid, before the said justices, did, in manner and form aforesaid, commit wilful and corrupt perjury, against the peace, &c.

159. For perjury in a deposition, in the Ecclesiastical Court, in a suit for defamation.

That A. B. the wife of C. D. late of, &c. on, &c. at, &c. in her own proper person, came before E. F. then and still being surrogate in the archdeaconry court of the diocese of Exeter, and was then and there sworn as a witness on the part and behalf of one G. H. the promovent or plaintiff in a certain action or suit then depending in the said court, in which the said G. H. was promovent or plaintiff and one I. K. was the defendant; and that the said A. B. was then and there sworn, and did then and there take his corporal oath, upon the holy Gospel of God, before the said E. F. being such surrogate as aforesaid, to speak the truth, touching and concerning the several matters contained in a certain libel before then exhibited in the said suit or action, he the said E. F. surrogate as aforesaid, then and there having sufficient and com

petent power and authority to administer the said oath to the said A. B.; and that the said A. B. being so sworn as aforesaid, wilfully and maliciously devising, contriving, and intending to draw down the censures of the Ecclesiastical Court upon the said I. K. and to cause him to be excommunicated and to be put to great costs and charges, and to cause him to suffer other the pains and penalties by the said court inflicted on persons guilty of defamation, then and there did, falsely, knowingly, wilfully, wickedly, maliciously, and corruptly, by her own act and consent, depose, repeat, and acknowledge (set out so much of the matter sworn to as can be contradicted, with averments to falsify, and conclude as in pr. 145.)

160. Indictment for taking a false oath in order to obtain administration to a seaman, under stat. 31 G. 2. c. 10. s. 24 (h).

[ocr errors]

That A. B. late of, &c. labourer, well knowing that one C. D. deceased, had served our said lord the king as a seaman on board his majesty's ship being in his majesty's service, and that certain wages and pay were due to him for such service, on, &c. at, &c. came before the worshipful J. H. then surrogate to the right worshipful P. C. doctor of laws, and unlawfully, wilfully, knowingly, and feloniously, did take a false oath before the said J. H. (the said J. H. then and there having competent power and authority to administer an oath,) that the said C. D. was then dead, and that he the said A. B. was his brother, and next of kin, whereas in truth and in fact the said A. B. was not the brother of the said C. D. with intent to obtain letters of administration, in order to receive the wages and pay, due and owing to the said C. D. on account of his said service, against the form of the statute,

(h) By this stat. it is enacted, that whosoever willingly and knowingly takes a false oath to obtain the probate of any will or wills, or to obtain letters of administration in order to receive the payment of any wages, pay, or other allowances of money or prize-money due,

or that were supposed to be due, to any officer, seaman, or other person who has really served, or who was supposed to have served, on board any ship or vessel in the king's service, shall be guilty of felony without benefit of clergy.”

&c. and against the peace, &c. (2d count stating that he, supposing wages due, &c.)

161. Indictment for suborning a woman to swear a bastard child to an innocent person.

That A. B. late of, &c. labourer, being a wicked and evil-disposed person, and minding and intending great injury to one B. R. of the said parish, and unjustly to cause and procure him to be put to great charges and expense of his monies, and to give security for the maintenance of a child, of which one A. U. spinster, was, on, &c. pregnant, and which, by the laws of this realm, was likely to be born a bastard, and to be chargeable to the said parish, did, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully and wickedly solicit, instigate, persuade, and procure the said A. U. to go before one of the justices of our said lord the king, assigned to keep the peace of our said lord. the king, within the said county of B. and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the said county committed, and then and there take her corporal oath and swear, before such justice, that the said B. R. was the father of such child; and that she the said A. U. did, in consequence of such solici tation, instigation, and persuasion, on, &c. at, &c. (allege the filiation, &c. as in pr. 147.) whereas, in truth and in fact, he the said A. B. at the time when he so endeavoured to persuade, solicit, and instigate the said A. U. to make oath and swear as aforesaid, then and there, to wit, on &c. at, &c. well knew that the said B. R. would be put to great charges and expense of his monies, if she the said A. U. should swear as aforesaid; and whereas, in truth and in fact, he the said A. B. at the said time when he so endeavoured to persuade, solicit, and instigate the said A. U. to make oath and swear as aforesaid, had no reasonable or probable cause whatsoever to suspect or imagine that the said B. R. was the father of such child, but, on the contrary thereof, the said A. B. was then and there informed by the said A. U. that he the said A. B. was the father of such child of which she the said A. U. was so pregnant as aforesaid; and whereas, in truth aud in fact, she the said A. U. never told or informed him the said A. B. that the said B. R. was the father of such child; and whereas, in truth and in fact, he the said A.B.

M M

« AnteriorContinuar »