case the queen against gun a indictment for perjury find at the session in  Norfolk state that a Act be do at Westminster in the county of Middlesex and  that the defendant do commit perjury at theed in the county aforesaid be have  arrest of judgement in a indictment of perjury before the justice of peace in  Norfolk for that it set forth that a fine be levy in the court of common plea  Westminster in the county of Middlesex and that the defendant perjure himself  at theed in the county aforesaid Mr sergeant wield hold that this must relate  to the last county name and then the justice of peace for Norfolk can not have  jurisdiction and this he say be the express case of the queen v Rhodes adjudge  about two year ago in this court sir James Montague contra and say if it have  be in case of a action it will modern report have be good he take a difference  between the county be in the margin and in the body of the indictment and  where it be only by way of recital and in the substantial part of the  indictment sergeant wield if it can ever be construe have it shall never be  take otherwise in a indictment the opinion of the court be that the indictment  be nought a see man case latch roll Rep Cholmley case cro car king v Solomons  term Rep king v matthews term Rep Graham case case crown law hawk p c ch S a  say adjournatur afterward wield sergeant take another exception that justice  of the peace have no power by their commission to take indictment of perjury  and barratry but the court doubt and seem afterward of opinion they may b in  king v Bainton a indictment at the quarter session for perjury at commonlaw be  quash for want of jurisdiction and it be say to have be do so about three year  before in the case of king v Westiness stram S p king v Yarrington salk king v  Beaumont sayer and see the reason why justice can try this offence under the  commission of the peace hawk p c edit ch S but they may try it under  commission of oyer and terminer and it be say that justice of peace as such  have cognizance of barratry under the commission of the peace by virtue of  Edward c Yelv roll hawk p c ch S hawk p c ch S barn v Constantine cro James b