case the king against johnson agree to give a person a sum of money to prove a  deed to be forge for the purpose of obtain a verdict be a criminal offence Mod  hawk p c ch S a information for attempt to suborn a person to prove a deed  false be good without allege that the deed be true agree to prove a deed forge  be indictable if do with a unlawful intent forgery of a certain write be good  a indictment that one man give another to visit containing ten each summas to  prove a deed to be forge be sufficient certain a indictment for agree to  suborn a man to commit perjury be good without aver the agreement special if  money be deposit on a agreement to do a act the agreement shall be intend make  where the money be deposit distringa conspiracy need not be state in a  indictment for do a unlawful act by agreement word of inducement in a  indictment need not be prove send aliter of word which constitute the offence  when a person convict of a misdemeanour be bring up for judgement affidavit  may be read in aggravation and in mitigation of the punishment a attorney  convict of a misdemeanour may be fine imprison order to find surety for his  good behaviour and be strike off the roll for the penalty for subornation of  shower KB er p perjury inflict by Elizabeth c be no guide as to the punishment  of similar offence at commonlaw term Rep see hawk p c ch S a attorney convict  of a misdemeanour and sentence to pay a fine and find surety c admit to bail  post information against the defendant for that at a trial at law a deed be  produce by lady ivy against dr Whitchcotts lady and her tenant which though  the defendant deny it to be true yet the jury so much rely on it as thereupon  to give a verdict for the plaintiff whereupon the defendant agree with another  person to give he three hundred and fifty pound to prove that the say deed be  forge and of this agreement he be find guilty Mr pollexfen move in arrest of  judgement say first Johnson be find guilty of no crime for the information do  not surmise or allege that the deed be true a this they dare not do for then  the must have prove it again and venture another trial which they be afraid to  do second it be find that they have agree to prove the deed forge now prove a  deed to be forge be lawful and therefore it be no crime to agree to prove it  forge for any man may agree with another to give he money to do a lawful act  as to prove a deed to be forge and this be real so but he can not else prove  it b three that in the information they do not so much as say it be factum but  only a certain scribe c fourthly it be say that he give to visit containing  ten each summas which shower KB I think be too uncertain for information be of  the same nature with indictment and both these must be certain in lambard d in  Fitzherbert e in roll f in croak g and in many more case the word to visit c  have be adjudge too general h now the give these sum of money be the only  thing he be charge with and find guilty of and yet non to be fluid what the  sum be five it be say three hundred and fifty pound be put in a chest to be  pay upon c accord to the agreement and do not say there be any such agreement  I six then suppose there be such a agreement here be no place allege where  such agreement be make and therefore there can be no venire facias for its  trial for the place of keep the money be not material king seven in the  distringa one be name Bartholomew Perryman and in the panel it be ferryman  which be error for there be but twentythree return l eighthly it be say by Mr  William that in this case they do not so much as suggest a conspiracy in their  information m ninthly in Trinity term follow Mr pollexfen move the same  exception as he do before Rainsford chief justice be then remove and Scroggs  make chief justice add further that if it be no crime the verdict find the  fact do wickedly with the other usual adverb will make it no more so than if  those word a see king v Hinton and brown Mod style v heap Yelv Harris v Dixon  cro James Anonymous cro car b wherever all the fact charge in a indictment may  be true and yet the party be innocent such indictment be insufficient dougl c  a indictment on Elizabeth c for forge a certain scribe obligatorium be good  although it do not say purport to be a write Obligatory Reg v king salk see  also Reg v Goddard salk ld ray d lamb Inst e Fitzherbert Abr indictment f roll  Abr g cro car h see     show stram stram hawk p c c S I salk Mod can skin ld  ray king see the case of blackbourn v Conset Mod l roll Abr roll Rep m it be  not necessary that any overt act of conspire shall be lie in a indictment for  a conspiracy stram see also burr burr shower KB er p have be omit as it be  adjudge in barnardiston case n in the exchequer Chamber about the double  return but tenthly the main matter they insist upon be that there be no time  nor place allege in the information when and where the article of agreement be  make oh Maynard sergeant e contra move that the place be not material because  it be not traversable c Mr solicitor likewise for the king say as for to visit  money summas it be so far from be ill and that be it to lie again the king  counsel will make it the same for a particular certainty p will have be almost  impossible for the king to prove because these thing be always transact in  secret shower KB Mr finch urge that the agreement can be presume to be make  any where else than where the money be deposit and it be all but one act and  one entire offence sir William Jones run over all the exception and then urge  first that to give a juryman money after he be return be a good cause of  challenge nay suppose you know he will be return if you give he a great sum of  money to go accord to his conscience it be unlawful second as for the adverb  though it do not make a lawful thing a crime yet if it be indifferent it will  make it faulty and be of great signification sure to aggravate if not to make  a fault Q three to visit summas c I take it to be good enough and with this  distinction where the certainty and quantity if know will greaten or lessen  the fault or fine but we be upon a fault where the particular sum be not  material as in case of simony or perjury Scroggs chief justice say he think it  a offence and a great one Twisden justice as to the agreement you can traverse  that single but altogether by plead not guilty as for the offence I judge it  great wile justice it be a great offence for no witness be to have money give  they and for the to visit c the case Mr pollexfen cite be adjudge nought for  another reason as that of to visit cottagia r because the number be necessary  to be know the statute set a certain penalty upon every house and so for the  straw S n sir Samuel barnardiston case state trial and see king v tailor I  show Leon Leon hetley cro Elizabeth Savil Bac Abr hawk p c ch case in crown  law edit oh see dyer that the time and place ought to be repeat to every  material fact or reference make to they roll Rep but if the fact be  circumstantial only the time and place need not be mention march pl but in a  indictment of perjury there must be a allegation of time and place which be  sometime necessary to be lie with precision and sometime not king v aylet term  Rep see also drewry v Twiss term Rep Frith v grey term Rep pope v foster term  Rep p that certainty to a certain intent in general be sufficient in a charge  or accusation see king v Herne Cowp king v lime king dougl see also   a    light Q sir S Barnardiston be try at guildhall on February car on a  information for a conspiracy to subvert the government the information charge  the offence to have be false seditious malicious and factious commit it be  contend that proof ought to be give of these circumstance but the chief  justice overrule the objection because where the nature of the thing necessary  import malice c there needs no proof but of the fact do and the law supply the  rest but if the fact be indifferent in itself then to make it a crime the  accidental circumstance must be prove state trial Mr hargrave edition see the  information Trem p c r show S this case be a indictment for engross great  magnitude straw for bedding et condition of old age and hold ill for  uncertainty for it ought to have mention how many load of hay and how many of  straw Anonymous cro car see also king v Gibbs stram shower KB er p the  punishment be measure accord to the quantity t and therefore nought because  uncertain here it be not so Jones justice I judge it a offence for witness  ought to come unbiased and not affect with money but he think there be a  mistrial and the information imperfect no place be lie where the agreement be  make but three of the judge to one give judgement for the king Maynard  sergeant some few day after this move to have the fine set and Johnson call  who appear and desire his affidavit may be read to extenuate the offence u  after which and counsel hear on both side one aggravate the other lessen  shower KB the crime there be a interlocution among the judge Jones justice say  this be no subornation of perjury but only a endeavour to procure one to get  another to prove a write forge c here be no perjury commit no act execute for  subornation the statute Elizabeth c give but forty pound fine and this be not  so great a crime as that and therefore I think forty pound fine enough wile  justice Johnson be not the contriver of this knavery for Holton be the main  agent as appear to I and my brother Jones opinion sway with I as to the  penalty by the statute and therefore I think fifty pound fine enough to which  Jones consent for agreement sake Twisden justice I must go accord to what the  jury find and therefore be for five hundred mark surety for his good behaviour  for seven year and his name to be strike out of the attorney roll Scroggs  chief justice say he be for five hundred pound but to prevent a lesser sum he  will agree with his brother Twisden but before this he make a long speech to  aggravate the fault with a hint or two that he do it not out of malice or any  remembrance of pass fault a endeavour say he in the divine law make a man as  guilty as the commission perjury be a heinous crime and be in old time punish  with death and afterward the member that be instrumental therein be cut off  from the body but now the statute be more tender and not so severe ten and the  reason be because few be then convict by reason of the compassion of jury and  the punishment be lessen that more perjury may be detect but when we have find  they out and the party see lev u when a defendant who have be convict on a  indictment come up to receive judgement the prosecutor may read affidavit in  aggravation though make by witness who be examine at the trial which affidavit  the defendant be at liberty to answer king v sharpness term Rep and the act of  a defendant between the trial and the sentence may be disclose by affidavit  either in extenuation or in aggravation of his offence even although those act  form separate and distinct offence but the court in such case will not inflict  a high punishment than the nature of the charge of which the defendant be  convict warrant king v wither term Rep king v Walter term Rep so where a  defendant in a criminal prosecution who have suffer judgement to go by default  be bring up for judgement each side may by affidavit disclose his own case and  if any further explanation shall appear to be necessary the court will suspend  the judgement to afford the defendant a opportunity to furnish it king v  Wilson term Rep and if the defendant in such case have make declaration  confirm his gild to a person and by he afterward relate to the person make the  affidavit the court will allow such affidavit to be read if the person to who  the defendant make such declaration be under his influence and on application  from the prosecutor for such purpose refuse to come forward and testify the  fact king v archer term Rep notorious facts ten the Elizabeth c inflict on  subornation of perjury a penalty of forty pound or imprisonment for half a  year and pillory and in either case disability to give evidence until the  judgement be reverse and on the offence of perjury a penalty of twenty pound  and six month imprisonment or pillory and in either case disability as  aforesaid but this statute do not restrain the discretionary punishment by  fine imprisonment and pillory inflict by the commonlaw on this offence hawk p  c shower KB er p convict and no certain penalty but leave to the discretion of  the court we ought to make they example for as anger do not become a judge so  neither do pity for one be the mark of a foolish woman as the other be of a  passionate man and Twisden justice say upon indictment for perjury if they  have not conclude contra form to cause to stand the fine have be heighten many  time shower KB note Johnson be in custody be upon this bail but it break his  heart and he die soon after much lament and without reproach for every one  think this a hard case and this crime be commit in order to the detection of a  forgery of the lady ivies deed which in a trial at the king bench bar many  year after this be prove forge in neal suit against her note also that this  Johnson be attorney in prosecute Scroggs for a debt while he be a sergeant