Page:The English Reports v1 1900.pdf/462

[104] in fact, the said mare of the said Thomas Carnan was never found dead in any ditch, or other place whatsoever; and whereas, in truth and in fact, he the said John Truman never drew the said mare of the said Thomas Carnan out of any ditch, or other place whatsoever, to be cut up: and whereas, in truth and in fact, the said John Truman was not present at the cutting up of the said mare of the said Thomas Carnan; nor was the body of the said mare of the said Thomas Carnan ever cut up: and whereas, in truth and in fact, he the said John Truman, or any other person whatsoever, did not take the skin of the said mare of the said Thomas Carnan to the collar-maker's: and whereas, in truth and in fact, the said mare of the said Thomas Carnan was then alive; and he the said John Truman, at the time he was so sworn, and gave evidence aforesaid, then and there well knew the same; and that the said John, at and upon the said trial, upon his oath aforesaid, before the said Alexander Lord Loughborough, Chief Justice aforesaid, so having competent authority to administer the said oath to the said John Truman in that behalf as aforesaid, by his own act and consent in manner and form aforesaid, falsely, wickedly, wilfully, and corruptly did commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said Lord the King, and his laws, to the great damage of the said Thomas Carnan; to the evil example of all others in the like case offending; and against the peace of our said Lord the King, his crown and dignity which said indictment our said Lord the King afterwards, for certain reasons, caused to be brought before him, to be determined according to the law and custom of England. And the said Thomas Carnan falsely, maliciously, and without any reasonable or probable cause, prosecuted and caused to be prosecuted the said indictment against the said John, until he the said John afterwards, that is to say, at the sittings of nisi prius, holden on Tuesday the 18th day of July, in the 26th year of the reign of our said Lord the King, at the Guildhall of the city of London, before the Honourable Francis Buller, esquire, one of the Justices of our said Lord the King, assigned to hold pleas before the King himself, John Way, gentleman, being associated to the said Justice according to the form of the statute in such case made and provided, was duly acquitted of the premises, in the said indictment above specified, by a jury of the country; and afterwards, on the morrow of All Souls, in the 27th year of the reign of our said Lord the King, it was thereupon considered by the Court of our said Lord the King, before the King himself, that the said John should depart thence without day in that behalf; as by the record and proceedings thereof, remaining in the said Court of our said Lord the King, before the King himself, at Westminster aforesaid, appears: By means of the prosecution of which said indictment, as aforesaid, the said John is not only greatly hurt, injured, lessened, and prejudiced, in his good name, fame, credit, and reputation; and has been brought into great [105] scandal, ignominy and disgrace, amongst his neighbours, and divers other good and worthy subjects of this kingdom; and has been taken, reputed, and esteemed, by many persons to whom his innocence was not known, to have committed wilful and corrupt perjury; but also, by means of the said malicious prosecution, the said John was necessarily forced and obliged to undergo many very great and arduous troubles and labours, both of body and mind, and to lay out and expend divers large sums of money to a great amount; to wit, to the amount of 200l. in and about the preventing himself from being imprisoned and lying in prison by reason of the said indictment, and procured a recognizance, by himself and his pledges, in that behalf, to be entered into for his forthcoming to answer to the said indictment, and in and about the defending himself in the premises, and the manifestation of his innocence in this behalf; and hath been greatly hindered and prevented, by reason of the premises, from following and transacting his necessary and lawful affairs and businesses for a long time, to wit, for the space of two months; and also is fallen into great diffidence and discredit amongst all his creditors, and other good and worthy subjects of this realm; and, by reason and means of the premises, the said John has been, and is, greatly injured in his fortune and circumstances, and deprived of the means of acquiring his livelihood; to wit, at London aforesaid, in the parish and ward aforesaid, to the damage of the said John of 500L and therefore he brings suit, &c.

And the said Thomas, by William Lee his attorney, comes and defends the