of Chester, at the castle of Chester, in the same county, on, &c. before the honourable J. M. his majesty's chief within the same county, for a time not 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 judgment 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, or where he shall be apprehended. By stat, 23 Geo. 2. c. 11. s. 1. it is enacted, that in every information or indictment to be prosecuted against any person for wilful and corrupt per jury, 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. By s. 2. 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 per justice of and for the said county, and J. S. esq. his said majesty's other justice there, one G. B. was in due form of law tried upon a certain indictment then and there depending against him for having, on the 20th day of July, in the 25th year (c), &c. feloniously stolen, taken, and carried away nineteen guineas of the monies of one J. Earle; and that at the said trial, so then and there had as aforesaid, J. S. late of —, labourer, appeared as a witness for and on behalf of the said G. B. upon the said trial, and was sworn and took his corporal oath (d) before the said J. M. and J. S. (e), justices as aforesaid, on the holy gos son or persons before whom the perjury was committed, or was agreed or promised to be committed; any law, &c. (as before. By sec. 3. the justices of assize, nisi prius, or general gaoldelivery, or any of the great sessions in Wales, or of the Counties palatine (during the sitting of the court, or within twenty-four hours after), may direct prosecutions against persons, examined before them, committing of perjury, and assign the prosecutor counsel; and such prosecution shall be carried ou without any tax, duty, or fees in court, or to any officer of the court; and the clerk of assize, or his associate or prothonotary, or other proper officer of the court, shall, without fee or reward, 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 by the court, &c. As to perjuries committed by attornies, solicitors, or agents, in courts of law or equity, see 12 Geo. 1. c. 29. s. 4.; as to bankrupts, &c. 1 Jac. 1. c. 15. s. 9. 11. 5 Geo. 2. c. 30. s. 29; witnesses in courts martial respecting naval offences, 22 Geo. 2. c. 33. s. 17.; electors in London, 11 Geo. 1. c. 18. s. 3.; same, and returning officers, in counties, cities, boroughs, &c. 2 Geo. 2. c. 24. s. 5 & 6; insolvent debtors, 52 Geo. 3. c. 102. s. 28. Quakers making solemn affirmation wilfully and corruptly, shall suffer as in cases of perjury. 8 Geo. 1. c. 6. s. 2. Vide also 22 Geo. 2. c. 46. s. 36. (c) The original C. C. A. sets out the indictment at large, but this is unnecessary and improper, see p. 105. (d) As to this averment, see p. 108. (e) In Alford's case, Leach, 179. the names of both the justices then in the commission, were mentioned in the caption, and the oath was alleged to have been taken before one only. It was also objected that pel (f) of God, to speak the truth, the whole truth, and nothing but the truth, of, upon, and concerning the matter then depending, (they the said J. M. and J. S. justices as aforesaid, then and there having sufficient and competent power and authority to administer an oath to the said J. S. in that behalf,*) and the said J. S. being so sworn as aforesaid, wickedly contriving and intending to cause the said G. B. unjustly to be acquitted of the said felony, did then and there knowingly, falsely, corruptly, wilfully, and wickedly say, depose, and give in evidence to the jurors of the jury then and there duly taken and sworn between our said lord the king and the said G. B. before the said J. M. and J. S. justices as aforesaid, that he the said J. S. on the second day of Knutsford races (meaning the twenty-sixth (g) day of July, in the year of our Lord one thousand seven hundred and seventy-five, being the second of three successive days on which certain horse-races were run at Knutsford, in the said county of Chester, in that year,) was in a certain booth at Knutsford aforesaid, known by the sign of the Bull's Head, kept by one R. Graves; and that he the said J. Earle came into the said booth, and sat down by him, there was a variance between the indictment and the nisi prius record of the cause, which stated, in the usual form, that the trial was before both the judges. But the judges held that the conviction was good. (f) See p. 108. (g) This innuendo is objectionable, since it alters the sense of the defendant's words. See p. 110. Griepe's case, Ld. Ray. 256. The objection would be obviated by alleging, after the *," and the jurors aforesaid, &c. do say, that the second of three successive days, upon which certain horse races had before then been run, at Knutsford, &c. was the 26th day of July, in the year of our Lord, &c. and that it then and there, to wit, on, &c. at, &c. upon the said trial, became and was a material question, whether the said J. Sadler, on the said second day of Knutsford races, was in a certain booth, &c. (and after setting out the material questions,) And the jurors now here sworn, upon their oath aforesaid, do further present, that the said J. S. being so sworn as aforesaid, &c." (and then by proceeding as above.) And an express allegation is necessary, in order to shew the materiality of the matter sworn to, which otherwise would not appear, see p. 107. As to the nature and use of innuendos, see p. 109. (meaning himself the said J.S.) on the left-hand side; and that he (meaning himself the said J. S.) asked the said J. Earle if he (meaning the said J. Earle) was not ill; and that he (meaning the said J. Earle) said, I (meaning himself the said J. Earle) am well enough, I (meaning himself the said J. Earle) have been playing at cards with a parcel of men, and have lost a great deal of money; and that he the said J. S. said, man (meaning the said J. Earle) I (meaning himself the said J. S.) am very sorry for you (meaning the said J. Earle); and that the said J. S. upon his oath aforesaid, before the said jury so taken. between our said lord the king and the said G. B. and the said J. M. and J. S. justices as aforesaid, did further say, depose, swear, and give in evidence, that the said J. Earle then and there took him the said J. S. by the hand, and said, I (meaning himself the said J. Earle) will never play at cards any more: whereas, in truth and in fact, the said J. Earle did not sit down by the said J. S. in the said booth, on the said twenty-sixth day of July; and whereas, in truth and in fact, the said J. S. did not ask the said J. Earle whether he was well or not; and whereas, in truth and in fact, the said J. Earle did not say to the said J. S. that he was well enough; and whereas, in truth and in fact, the said J. Earle did not say to the said J. S. that he the said J. Earle had been playing at cards with a parcel of men, and had lost a great deal of money; and whereas, in truth and in fact, the said J. S. did not say to the said J. E. that he (meaning himself the said J. S.) was sorry for him (meaning the said J. E.); and whereas, in truth and in fact, the said J. E. did not say to the said J. S. that he would never play at cards any more; and whereas, in truth and in fact, the said J. Ě. had not, on the said day of , any conversation whatsoever with the said J. S.: and so the jurors aforesaid now here sworn, upon their oath aforesaid, do say, that the said J. S. at the said court of session and gaol-delivery of our sovereign lord the king, holden at the castle of Chester aforesaid, in and for the said county of Chester, before the said J. M. and J. S. then being such justices as aforesaid (and then and there having sufficient and competent power and authority to administer the said oath to the said J. S.) did, in manner and form aforesaid, commit wilful and corrupt perjury, against the peace, &c. L L 145. Indictment for perjury committed on the execution of a writ of inquiry. That on, &c. at, &c. a certain writ of inquiry in a certain cause in which F. G. was plaintiff, and H. I. the defendant, came on to be executed, and was then and there executed before M. N. esq. 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 summoned, and then and there duly sworn, to inquire 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 perjury and the averments to falsify:) and so the jurors aforesaid now here sworn, upon their oath aforesaid, do say, that the said A. B. on, &c. at, &c. before the said L. M. being such sheriff as aforesaid, then and there having such authority as aforesaid, of his own. most wicked, malicious, and corrupt mind and disposition, in manner and form aforesaid, did commit wilful and corrupt perjury, to the great damage of the said F. G. and against the peace, &c. 146. Indictment for perjury committed at the quarter sessions, upon the trial of an indictment for an assault. That on, &c. at, &c. at the court of general quarter |