the same dwelling-house as in this count mentioned, the said G. W. did, by great force and violence, or in any other manner succeed in bursting open the said outer door at the back of the same dwelling-house; and that at and upon the making of the same affidavit, it then and there became and was a material question, whether the said A. N. then knew of his own knowledge that the said G. W., on the same occasion last aforesaid, burst open the same door; and that at and upon the making of the same affidavit, it then and there became and was a material question, whether the said A. N. then knew of his own knowledge that the said G. W., on the same occasion last aforesaid, did, by great force and violence, or in any other manner, succeed in breaking away the lock-fastenings of the same door; and that at and upon the making of the same affidavit, it then and there became and was a material question, whether the said A. N. then knew of his own knowledge that the said G. W., on the same occasion last aforesaid, did break away the lockfastenings of the same door. And the jurors aforesaid, upon their oath aforesaid, do further present that the said A. N. so being sworn as last aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, did, on, &c., at, &c., in, &c., in and by his said affidavit last aforesaid, upon his oath last aforesaid, before the said R. G. W., so being such commissioner as aforesaid, and having such competent power and authority as aforesaid, falsely, corruptly, knowingly, wilfully, and maliciously, depose and swear, amongst other things, in substance and to the effect following, that is to say, that he (meaning the said G. W.), then went round to the door of the back-kitchen of this deponent's (meaning the said A. N.'s) dwelling-house (meaning the same dwelling-house as aforesaid), which is the only outer door of the same, and had been locked and well secured all the said day, and the key kept by deponent's (meaning the said A. N.'s) said wife; and that, by great force and violence, the said G. W. (meaning the said G. W.), succeeded in breaking away the lock-fastenings of the said outer door, and in bursting open the said outer door; thereby meaning that he the said A. N. knew of his own knowledge, at the time of the making of the same last-mentioned affidavit, that the said G. W. did, on the occasion aforesaid, when the said G. W. went to the same dwelling-house, as in this count aforesaid, by great force and violence, succeed in breaking away the lock-fastenings of the said outer door at the back of the same dwellinghouse, and in bursting open the same outer door; and that the said G. W. did, on the same occasion, break away the same fastenings and burst open the same door; whereas, in truth and in fact, the said A. N. did not at the time of making the said last-mentioned affidavit, or at any other time, know of his own knowledge that the said G. W., on the same occasion last aforesaid, did by great force and violence, or in any other manner, succeed in breaking away the same lock-fastenings of the same outer door. And whereas in truth and in fact, the said A. N. did not, at the time of making the said last-mentioned affidavit, or at any other time, know of his own knowledge, that on the same occasion last aforesaid, the said G. W. did by great force and violence, or in any other manner, succeed in bursting open the same outer door of the same dwelling-house. And whereas, in truth and in fact, the said A. N. did not, at the time of the making of the said last-mentioned affidavit, or at any other time, know of his own knowledge that the said G. W. did, on the same occasion last aforesaid, break away the same fastenings of the same outer door. And whereas, in truth and in fact, the said A. N. did not, at the time of the making of the said last-mentioned affidavit, or at any other time, know of his own knowledge that the said G. W. did, on the occasion last aforesaid, burst open the same outer door. And the jurors aforesaid, upon their oath aforesaid, do further present, that all the said several matters and things so alleged to have been falsely sworn by the said A. N., as in this count aforesaid, were and each of them was mate

rial for obtaining the said last-mentioned writ of habeas corpus, and for obtaining the discharge of the said A. N. from the said last-mentioned custody of the said sheriff of the said County of Gloucester, to wit, at the parish of Cheltenham aforesaid, in the said County of Gloucester. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said A. N., on the said, &c., before the said R. G. W., so being such commissioner as aforesaid, and so having such competent power and authority as aforesaid, by his own act and consent, and of his own most wicked and corrupt mind, in manner and form last aforesaid, did commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lady the queen, and against, &c. (Conclude as in book 1, chap. 3.)

in

(592) For perjury, in an answer sworn to before a master in chancery.(w) That C. D., of, &c., heretofore, to wit, on, &c., at, &c., did exhibit his bill of complaint in writing, against one E. F. therein described, of said B., yeoman, in the Supreme Judicial Court of this commonwealth, begun and held at W., within and for the County of W., on the Tuesday of the year of, &c.; and the said C. D., in and by his said bill of complaint, among other things, stated and alleged in substance, and to the effect following, to wit (here insert that part of the bill concerning which the perjury was committed), as in and by the said bill of complaint of the said C. D. remaining filed of record in the said Supreme Judicial Court, amongst other things, more fully appears. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said E. F., the defendant in the said bill of complaint, afterwards, that is to say, on the day of, &c., at said B., in the County of S., did come in his own proper person, before G. H., Esq., then and there being one of the masters in chancery of the said Supreme Judicial Court, and then and there did exhibit and produce to the said G. H., Esq., the answer in writing of him the said E. F. to the said bill of complaint of the said C. D., entitled, "the answer of E. F., the defendant, to the bill of complaint of C. D., complainant ;" and the said E. F. was then and there sworn in due form of law, and took his corporal oath, touching and concerning the matters contained in his said answer by and before the said G. H., Esq., he the said G. H. so then being one of the masters in chancery in the said Supreme Judicial Court, and then and there having sufficient and competent power and authority to administer an oath to the said E. F. in that behalf; and that the said E. F., being so sworn as aforesaid, and being then and there lawfully required to declare and depose the truth in a proceeding in a court of justice, did, upon his oath aforesaid, concerning the matters contained in his said answer, before the said G. H., Esq., then as aforesaid being one of the masters in chancery of the said Supreme Judicial Court, then and there swear, that so much of the said answer of him the said E. F., as related to his own acts and deeds, was true; and that the said E. F., being so sworn as aforesaid, intending unjustly to aggrieve the said C. D., the said complainant as aforesaid, in his answer aforesaid, before the said G. H., Esq., he being then as aforesaid one of the masters in chancery in the said Supreme Judicial Court (and having sufficient and competent authority as aforesaid), falsely, knowingly, wilfully and corruptly, by his own act and consent, upon his oath aforesaid, did answer, swear and affirm, amongst other things, in substance as follows, that is to say: "and this defendant (meaning himself the said E. F.), says" (here insert verbatim that part of the answer relative to and comprising the part in which the perjury is alleged to have been committed), as by the said answer of him the said E. F. still remaining in the Supreme Judicial Court aforesaid, at B. aforesaid, in the County of S. aforesaid,

(w) Altered by Mr. Davis, Prec. 202, from 2 Chit. C. L. 411.

amongst other things will appear; whereas in truth and in fact (then go on to negative the answer in the words of it, and in every part of it which is alleged to be false). And so the jurors aforesaid, upon their oath aforesaid, do say, that the said E. F. falsely and wickedly, wilfully and corruptly, in manner and form aforesaid, did commit wilful and corrupt perjury, to the great damage of him the said C. D.; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(593) Before a grand jury.(x)

That heretofore, to wit, at the General Quarter Sessions of the Peace of our sovereign lady the queen, held at the shire hall in Shrewsbury, in and for the County of Salop, on Monday in the first week after the twenty-eighth day of December, to wit, on, &c., before the honorable T. K., Sir B. L., baronet, J. A. L., Esq., and others their associates, her majesty's justices, assigned to keep the peace in the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the same county done and committed, a certain bill of indictment against T. H., late of the Parish of Whitechurch, in the County of Salop, laborer, and F. P., wife of R. P., laborer, late of the Parish of Whitechurch, in the county aforesaid, was then and there in due form of law, exhibited to (naming the grand jurors), good and lawful men of the said County of Salop, then and there sworn and charged to inquire for our said lady the queen, and the body of the said county; which said bill of indictment then and there was as followeth, that is to say (setting out the indictment verbatim, which was against T. H. for stealing three tablecloths, the property of R. H., and against F. P. for receiving them knowing them to have been stolen).

And the jurors first aforesaid, upon their oath aforesaid, do further present that, to wit, on, &c., at, &c., and before the said good and lawful men, who were so sworn and charged to inquire as aforesaid, had the said bill of indictment exhibited to them as aforesaid, and before the said good and lawful men had inquired as by law they ought to do, touching the matters stated and mentioned in the said bill of indictment, and touching the truth of the matters stated and contained in the said bill of indictment, M., the wife of R. H., late of the Parish of Whitechurch, in the County of Salop, laborer, appeared before the Court of General Quarter Sessions of the Peace holden as aforesaid, before the said justices, and the said others their associates as aforesaid, as a witness in support of the said bill of indictment, and was then and there, at the said General Quarter Sessions of the Peace holden as last aforesaid before the said justices, and the said others their associates, duly sworn, and took her corporal oath, upon the holy gospel of God, before the said honorable T. K., Sir B. L., baronet, J. A. L., Esq., and the said others their associates, so being such justices as aforesaid, at the said General Quarter Sessions of the Peace holden as aforesaid, that the evidence that she the said M. H. should give before the grand jury (meaning before the said good and lawful men so sworn and charged as aforesaid to inquire as aforesaid), on the said bill of indictment, should be the truth, the whole truth, and nothing but the truth (they the said honorable T. K., Sir B. L., baronet, J. A. L., Esq., and the said others their associates so being such justices as aforesaid, at the said General Quarter Sessions of the Peace holden as aforesaid, then and there having sufficient and competent authority to administer the said oath to the said M. H. in that behalf).

And the jurors first aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the day and year first aforesaid, at the Parish of

(x) R. v. Hughes, 1 C. & K. 519; verdict, not guilty. See also Com. v. Parker, 7 Cushing 212; and for form in latter case, Th. & H. Prec. 435.

St. Chad, in the Borough of Shrewsbury, in the said County of Salop, the said good and lawful men being so sworn and charged as aforesaid to inquire as aforesaid, did in due form of law and according as they were so sworn and charged as aforesaid, inquire touching the matters and touching the truth of the matters stated and contained in the said bill of indictment so exhibited to them as aforesaid.

And the jurors first aforesaid, upon their oath aforesaid, do further present, that upon the said inquiry, by and before the said good and lawful men so as aforesaid sworn and charged to inquire as aforesaid, it then and there became and was a material question, whether three tablecloths which were then and there produced before the said good and lawful men, were the property of R. H., the husband of the said M. H., and that upon the said inquiry it then and there also became and was a material question, whether the said three tablecloths were the property of the said T. H.; and that upon the said inquiry it then and there became and was a material question, whether the said three tablecloths had at any time belonged to the mother of the said M. H.; and that upon the said inquiry it then and there became and was a material question, whether the said three tablecloths had at any time been the property of the said T. H.; and that upon the said inquiry it then and there became and was a material question, whether the said three tablecloths had at any time been the property of the said R. H.

And the jurors first aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the day and year first aforesaid, at the Parish of St. Chad, in the Borough of Shrewsbury aforesaid, in the County of Salop, the said M. H. being so sworn as aforesaid, contriving and intending to pervert the due course of justice, went before the said good and lawful men so sworn and charged as aforesaid to inquire as aforesaid, and before the said good and lawful men, upon the said inquiry by and before the said good and lawful men, touching the matters and touching the truth of the matters stated and contained in the said bill of indictment, and that she the said M. H., then and there upon her oath aforesaid, falsely, corruptly, knowingly, wilfully, and maliciously, before the said good and lawful men so sworn and charged as aforesaid to inquire as aforesaid, upon the said inquiry did depose and swear amongst other things, in substance and to the effect following, that is to say, that the three tablecloths which were then and there, to wit, at the time and place last aforesaid produced, then were her son's (meaning were the property of the said T. H.), and that the said tablecloths had belonged to the mother of the said M. H., and were to be divided amongst her the said M. H.'s children, of whom the said T. H. was one; whereas in truth and in fact, the said tablecloths then were not her the said M. H.'s son's, as she the said M. H. then and there well knew; and whereas in truth and in fact, the said tablecloths were not then the property of the said T. H., as she the said M. H. then and there well knew; and whereas in truth and in fact, neither of the said tablecloths ever had been the property of the said T. H.; and whereas in truth and in fact, the said tablecloths then were the property of the said R. H., as she the said M. H. then and there well knew; and whereas in truth and in fact, the said tablecloths and each of them were, at the time last aforesaid, and for twenty years and more before that time, the property of the said R. H., as she the said M. H. then and there well knew; and whereas in truth and in fact, the said tablecloths never did belong to the mother of the said M. H., as she the said M. H. then and there well knew; and whereas in truth and in fact, the said tablecloths were not to be divided amongst the children of the said M. H.; and whereas in truth and in fact, the mother of the said M. H. was a married woman at the time of the death of her the said mother, and had been so for twenty years and more before the time of her said death; and the said T. H. and the other children of the said M. H. were not born at

the time of the decease of the said M. H.'s mother, as she the said M. H. then and there well knew.

And so the jurors first aforesaid, upon their oath aforesaid, do say, that on the said, &c., at, &c., before good and lawful men so sworn and charged as aforesaid to inquire as aforesaid, upon their inquiry aforesaid touching the matters and touching the truth of the matters stated and contained in the said bill of indictment, by her own act and consent, and of her own most wicked and corrupt mind, in manner and form aforesaid, falsely, wickedly, wilfully and corruptly did commit wilful and corrupt perjury, in contempt of our lady the queen and her laws, to the evil example of all others in like case offending, against, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(594) In answer to interrogatories exhibited in chancery.(y)

That one C. D. heretofore, to wit, on did exhibit certain interrogatories, in writing, in the Supreme Judicial Court of this commonwealth begun and holden at B., within and for the County of S., on, &c., in a certain case before that time commenced by bill of complaint, and then pending and at issue in the same court, after certain pleadings and proceedings had been had therein; in which said suit one E. F. was complainant, and the said C. D. was respondent, in order that the said interrogatories might be administered, according to the course and practice of the said court in its chancery jurisdiction, to certain witnesses to be produced, sworn and examined in the said cause, on the part and behalf of the said C. D., the said defendant therein, touching and concerning a certain written paper, purporting to contain an agreement for the lease of a certain house and premises therein mentioned, from the said E. F. to the said C. D.; and that it became and was a material question in the said cause between the said parties, and to be deposed to by the said witnesses in answer to the said interrogatories, whether the said E. F. had declared that he would release the said C. D. from the said agreement, or had released him from the performance thereof; and in and by one of the interrogatories exhibited as aforesaid, the said witnesses were interrogated as follows, that is to say (here copy the interrogato ries with necessary innuendoes). And the jurors aforesaid upon their oath aforesaid, do further present, that G. H., of in the County of

yeoman, and one of the witnesses to whom the interrogatories in the said cause were to be, and were accordingly, afterwards, to wit, on, &c., at, &c., administered, then and there came in his own proper person before the said Supreme Judicial Court, and having seen and understood the said interroga tories, so exhibited in the said court as aforesaid, then and there, before I P., Esq., Chief Justice of the said Supreme Judicial Court, he the said I. P., Esq., as chief justice as aforesaid, then and there having sufficient and competent power and authority to administer an oath to the said G. H. in that behalf, was duly sworn before the said court by the said I. P., Esq., chief justice as aforesaid; and the said G. H. then and there, on his said oath before the said court, being then and there required to depose the truth in a proceeding in a course of justice, did swear that he would make true answers to all such questions as should be asked him by the said court or their order, upon the interrogatories aforesaid, at the time of his examination, and that he would speak the truth, the whole truth, and nothing but the truth, without favor or affection to the said parties in the said cause; and that the said G. H. afterwards, to wit, on the day of was duly examined in the said court upon the said interrogatories; and that the said G. II. intending unjustly to aggrieve the said E. F., the complainant aforesaid, did then and there, in his answer to the said fourth interrogatory, falsely,

(y) Altered by Mr. Davis, Prec. 202, from 2 Chit. C. L. 397.