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offender or offenders shall, for his, her, or their said offence, being thereof lawfully convicted or attainted, lose and forfeit the sum of forty pounds.

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IV. And if it happen any such offender or offenders, so being convicted or attainted as aforesaid, not to have any goods or chattels, lands or tenements, to the value of forty pounds, that then every such person so being convicted or attainted of any the offences aforesaid, shall for his or their said offence suffer imprisonment by the space of one half year, without bail or mainprise, 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.

V. And that no person or persons, being so convicted or attainted, to be from thenceforth received as a witness to be deposed and sworn in any court of record within any of the queen's highness' dominions of England, Wales, or the marches of the same, until such time as the judgment given against the said person or persons shall be reversed by attaint or otherwise; and that, upon every such reversal, the parties grieved, to recover his or their damages against all and every such person and persons as did procure the said judgment so reversed to be first given against them or any of them, by action or actions to be sued upon his or their case or cases, according to the course of the common laws of this realm.

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VI. And be it further enacted by the authority aforesaid, that if any person or persons, after the said tenth day of April next coming, either by the subornation, unlawful procurement, sinister persuasion, or means of any others, or by their own act, consent, or agreement, wilfully and corruptly commit any manner of wilful perjury, by his or their deposition in any of the courts beforementioned, or being examined ad perpetuam rei memoriam, that then every The penalty person or persons so offending, and being thereof duly con- of him that viet or attainted by the laws of this realm, shall for his mit wilful or their said offence lose and forfeit twenty pounds, and to perjury. have imprisonment by the space of six months, without bail or mainprise; and the oath of such person or persons so offending, from thenceforth, not to be received in any court of record within this realm of England or Wales, or the marches of the same, until such time as the judgment giyen against the said person or persons shall be reversed by attaint or otherwise; and that, upon every such reversal, the parties grieved to recover his or their damages against all and every such person and persons as did procure the said judgment so reversed to be given against them, or any of them, by action or actions to be sued upon his or their case or cases, according to the course of the common laws of this realm.

Who shall have the

forfeitures,

means.

VII. And if it happen the said offender or offenders so offending not to have any goods or chattels to the value of twenty pounds, that then he or they to be set on the pillory, in some market-place within the shire, city, or borough, where the said offence shall be committed, by the sheriff or his ministers, if it shall fortune to be without any city or town corporate; and, if it happen to be within any such city or town corporate, then by the said head officer or officers of such city or town corporate, or by his or their ministers, and there to have both his ears nailed, and from thenceforth to be discredited and disabled for ever to be sworn in any of the courts of record aforesaid, until such time as the judgment shall be reversed, and thereupon to recover his damages, in manner and form before mentioned.

VIII. The one moiety of all which sums of money, goods, and chattels, to be forfeited in the manner and form aforeand by what said, to be to the queen our sovereign lady, her heirs, and successors, and the other moiety to such person or persons as shall be grieved, hindered, or molested by reason of any the offence or offences beforementioned, that will sue for the same by action of debt, bill, plaint, information, or otherwise, in any of the queen's majesty's courts of record, in the which no wager of law, essoin, protection, or injunction to be allowed.

Who shall

have authority to hear and determine the offences aforesaid.

This statute shall be

sizes.

IX. And be it also enacted by the authority aforesaid, that as well the judge and judges of every such of the said courts where any such suit is, or shall be, and whereupon any such perjury is or shall happen to be committed, as also the justices of assize and gaol delivery in their several circuits, and the justices of the peace in every county within this realm, or in Wales, at their quarter sessions, both within the liberties and without, shall have full power and authority, by virtue hereof, to inquire of all and every the defaults and offences perpetrated, committed, or done, contrary to this act, by inquisition, presentment, bill, or information, before them exhibited, or otherwise lawfully to hear and determine the same, and thereupon to give judgment, award process and execution of the same, according to the course of the laws of this realm.

X. And be it further enacted by the authority aforeproclaimed said, that the justices of assize of every circuit within at all as- this realm, and elsewhere, within the queen's dominions, shall, in every county within their circuits, twice in the year, that is to say, in the time of their sittings, make open proclamation of this estatute, or of the effect thereof, to the intent, no person or persons shall be ignorant or miscognisant of the penalties herein contained.

This act shall not extend to

XI. Provided also, that this act, nor any thing therein contained, shall not extend to any spiritual or ecclesias

cal.

tical court or courts within this realm of England or any court! Wales, or the marches of the same; but that all and every ecclesiastisuch 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 is yet used and frequented in the said ecclesiastical courts, any thing in this present act contained to the contrary in any wise notwithstanding.

XII. Provided also, and be it further enacted by the Process served upon authority aforesaid, that if any person or persons, upon witnesses to whom any process out of any of the courts of record testify. within this realm or Wales shall be served, to testify or depose concerning any cause or matter depending in any of the same courts, and having tendered unto him or them, according to his or their countenance or calling, such reasonable sums of money for his or their costs and charges, as, having regard to the distance of the places, is necessary to be allowed in that behalf, do not appear according to the tenor of the said process, having not a lawful and reasonable let or impediment to the contrary; that then the party making default, to lose and forfeit for every such offence ten pounds, and to yield such further recompense to the party grieved, as by the discretion of the judge of the court, out of which the said process shall be awarded, according to the loss and hindrance that the party which procured the said process shall sustain, by reason of the non-appearance of the said witness or witnesses; the said several sums to be recovered by the party so grieved against the offender or offenders, by action of debt, bill, plaint, or information, in any of the queen's majesty's courts of record, in which no wager of law, essoin, or protection to be allowed.

XIII. [Not to abridge the authority to punish perjury, given by the statute of 11 Hen. 7, c. 25, to the chancellor, &c.]

Note. It appears, by comparing the second, third, and sixth sections of this statute, that the makers of it considered the subornation of perjury greater than the perjury itself. It has, therefore, been held, that a man cannot be guilty of perjury within this statute in any case wherein he is not guilty of subornation within it; and that, therefore, as the clause concerning subornation does not extend to perjury on an indictment or criminal information, the clause concerning perjury must come under the same restriction: 2 Haw. P. C. c. 27, s. 19; Buc. Abr.

Perjury, B. From reasons of a similar nature, it appears that the statute only relates to perjury by witnesses, and, therefore, not to perjury, in an answer in chancery, swearing the peace against a man, &c.: Haw. P. C. c. 27, s. 20. It

has been collected from the clause

giving an action to the party grieved, that no false oath is within the statute, unless the complaining party has suffered some disadvantage by its means; but perjury, which tends only to aggravate or extenuate the damages, is as much within the statute as perjury that goes directly to

the point in issue: id. s. 23. Where a witness for the king swears falsely, he cannot be indicted on this sta

subornation.

tute: Buxton v. Gouch, 3 Salk. 269. For more on the subject of perjury, see the note post, p. 474.

2 Geo. 2, c. 25, [made perpetual by 9 Geo. 2, c. 18.] Penalty for II. The more effectually to deter persons from comperjury and mitting wilful and corrupt perjury, or subornation of perjury, be it enacted, &c. that besides the punishment already to be inflicted by law for so great crimes, it shall and may be lawful for the court or judge, before whom any person shall be convicted of wilful and corrupt perjury, or subornation of perjury, according to the laws now in being, to order such person to be sent to some house of correction 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.

23 Geo. 2, c. 11.

I. 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, to the great dishonour of God, and manifest let and hindrance of justice; for reWhat shall medy whereof, be it enacted, &c. that in every informabe sufficient tion or indictment to be prosecuted against any person for

in indictments of

perjury.

wilful and 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.

tions, &c.,

II. And be it further enacted by the authority aforesaid, Informathat in every information or indictment for subornation of for suborna perjury, or for corrupt bargaining or contracting with tion of perothers to commit wilful and corrupt perjury, it shall be suf- jury. ficient 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.

mined be

the prose

III. And, the better to prevent great offenders from escaping punishment by reason of the expense attending such prosecutions: be it further enacted by the authority aforesaid, that it shall and may be lawful to and for any of his Justices of majesty's justices of assize, or nisi prius, or general gaol assize, &c. delivery, or of any of the great sessions of the princimay direct prosecutions pality of Wales, or of the counties palatine; and they are against perhereby authorized (sitting the court, or within twenty. sons exafour hours after) to direct any person examined as a fore them witness upon any trial before him or them, to be pro- being guilty secuted for the said offence of perjury, in case there shall of perjury, 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 and assign undertaking such prosecution, counsel, who shall and are hereby required to do their duty without any fee, gratuity, gel. or reward, for the same; and every such prosecution, so The prosedirected as aforesaid, shall be carried on without payment cution to be of any tax or duty, and without payment of any fees in carried ou court, or to any.officer of the court, who might otherwise without claim or demand the same; and the clerk of assize, or his associate or prothonotary, or other proper officer of the The clerk court (who shall be attending when such prosecution is di- give the rected) shall, and is hereby required, without any fee or prosecutor reward, to give the party injured, or other person under- a certificate. taking 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

cu'or coun

fees.

of assize to

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