Page:The English Reports v1 1900.pdf/1495
Case 5.—Edward Aylett,—Plaintiff; The King,—Defendant (in Error) [6th July 1786].
[Mews' Dig. iv. 1738. See R. v. Marsh, 1837, 6 Ad. & E. 247.]
At the general session of oyer and terminer, held at the Sessions House in and for the county of Middlesex, on Monday the 13th day of September 1784, a bill of indictment for wilful and corrupt perjury, was preferred by the prosecutor Joseph Hayling, against the plaintiff in error, which being found by the jury to be a true bill, was, at the instance of the plaintiff in error, in Hilary term 1785, removed by writ of certiorari into the court of King's [530] Bench. The following is a copy of the record of the caption and of the indictment:
Middlesex. Some time ago, that is to say, on Monday the 13th day of September, in the 24th year of the reign of our sovereign lord George the Third, King of Great Britain, etc. at the general session of oyer and terminer of our lord the king, holden in and for the county of Middlesex, at the Sessions House for the said county, before Thomas Cogan, Thomas Brookshank, David Walker, David Wilmot, John Barnfather, Esqrs. and others their fellows, justices of our said lord the king, assigned by his majesty's letters patent under the great seal of Great Britain, directed to the same justices before named, and others in the said letters named, to inquire more fully the truth, by the oath of good and lawful men of the said county of Middlesex, and by other ways, means, and methods, by which they should or might better know (as well within liberties as without) by whom the truth of the matter might be better known, of all treasons, misprisions of treason, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the money of Great Britain, and other kingdoms or dominions whatsoever, and of all murthers, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings, conventicles, unlawful uttering of words, assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, oppressions, champarties, deceits, and all other evil doings, offences, and injuries whatsoever, and also the accessories of them, within the county aforesaid, (as well within liberties as without,) by whomsoever and in what manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what manner, and of all other articles and circumstances concerning the premises, and every of them, or any of them, in any manner whatsoever, and the said treasons, and other the premises, to hear and determine according to the laws and customs of England, by the Oath of twelve jurors, good and lawful men of the county aforesaid, then there sworn, and charged to inquire for our said lord the king, for the body of the same county; it was presented as followeth; that is to say,
Middlesex: The jurors for our said lord the king, upon their oath present, that on the 15th day of March, in the 24th year of the reign of our sovereign lord George the Third, King of Great Britain, etc. William Earl of Mansfield, then being chief justice of our said lord the king, assigned to hold pleas before the king himself, at his chambers in Serjeant's Inn in the city of London, did duly make a certain order in writing, in a certain cause then depending in the court of our said lord the king, before the king himself, at Westminster, in the county of Middlesex, in which said cause Joseph Hayling was the plaintiff, and William Taylor Esq. was the defendant; whereby [531] the said William Earl of Mansfield, the chief justice aforesaid, did order that Edward Aylett, the said plaintiff's late attorney, should, within fourteen days, deliver to the plaintiff, or to Mess. Cater, Burchell, and Cater, his then attornies, a bill signed, of his fees and disbursements in the said cause, and all other causes and matters wherein he had been concerned for the plaintiff; and that the same should be referred to the master to be taxed, the plaintiff having undertaken to pay what should appear due on such taxation: and the said William Earl of Mansfield, the
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