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5 Eliz. 9. Eng. 3 G. 2. 4. [Ir.].
Persons procuring witnesses to commit perjury in any suit by writ, action, bill, complaint, or information, in any court, or who suborne witnesses to testify in perpetuam rei memoriam.
After conviction forfeit 40l.
Or, if they have not to that value, imprisonment for six months, and pillory for one hour.
And not to be received as witnesses in any courts till judgment reversed.
Upon reversal, to recover damages against the persons procuring said judgment by action on the case.
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FORASMUCH as this realm of Ireland is greatly troubled and hindered by reason of wilfull perjurie daily committed notwithstanding that many good lawes have been made and ordeyned for redress thereof, and for that great dangers and perilles are daily like to fall, if some further remedies shall not be speedily provided for prevention thereof; be it therefore enacted by our Sovereign Lady the Queen, with the assent of the lords spiritual and temporal, and the commons in this present Parliament assembled, and by the authority of the same, that all and every person and persons, which at any time after the end of this present Parliament, shall unlawfully or corruptly procure any witness or witnesses by letters, rewardes, promisses, or by any other sinister or unlawful labour or meanes whatsoever, to commit any wilful or corrupt perjurie, in any matter or cause whatsoever now depending, or that hereafter shall depend in suite and variaunce, by any writ, action, bill, complaint or information, in any wise concerning any lands, tenements, or hereditaments, or any goods, chattles, debts, damages, or any other cause of action whatsoever, in any of her Majesties courtes of castle chamber, chauncerie, chief place courte of common plees, exchequer, or any other court or courts, before any judge, justicer, president, governour, commissioners, mayor, sheriffes, senescalles, or any other officers whatsoever, as well within liberties as without, in this realm of Ireland, or shall likewise, unlawfully or corruptly, procure or soborne any witness or witnesses, which shall from and after the end of this present Parliament, be sworn to testifie in perpetuam rei memoriam: that then everie such offendor and offendors shall, for his or their said offence, being thereof lawfully convicted or attainted, lose and forfeite the summe of fortie poundes: and if it fortune any such offendour or offendours, so being convicted or attainted, as aforesaid, not to have any goods or chattels, lands or tenements, to the value of fortie pounds; that then everie such person, so being convicted or attainted of any offences aforesaid, shall, for his or their said offence, suffer imprisonment by the space of one half year without bayle or mayneprise, and to stand upon the pillory by the space of one whole hour, in some market towne next adjoyning to the place where the offence was committed, in open market there, or in the market towne it selfe where the offence was committed: [Rep., Stat. Law Rev. (I.) Act, 1878] And that no person or persons being so convicted or attainted, to be from thenceforth received as a witnesse, to be deposed or sworn in any court of record, or within any other court or courts within this realm of Ireland, untill such time as the judgment given against such person or persons shall be reversed by attaint or otherwise. And that upon every such reversall, the parties grieved, to recover his or their damages against all and every such person and persons, as did procure the sayd judgment, so reversed, to be first given against them or any of them, by action or actions, to be sued upon his or their case or cases, according to the course of the common lawes of this realm.
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The persons committing perjury, and convicted, forfeit 20l. and imprisoned 6 months:
their oath not to be received in any court of record till judgment reversed.
Upon reversal, damages against the person procuring the judgment by action on the case.
If offender has not 20l. to be set in pillory by the sheriff or head officer,
to have his ears nailed,
disabled to be sworn till judgment reversed,
thereupon to recover damages as before.
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II. And be it further enacted by the authoritie aforesaid, that if any person or persons, after the end of this Parliament, either by the subornation, unlawfull procurement, sinister perswasion or means of any others, or by their owne act, consent or agreement, willfully or corruptly commit any manner of willfull perjurie, by his or their deposition in any the courts before mentioned, or before any the judges, commissioners, or officers before mentioned, or being examined ad perpetuam rei memoriam: that then every person and persons so offending, and being thereof duely convicted or attainted, by the laws of this realm, shall for his or their offence loose and forfeit twenty pounds, and to have imprisonment by the space of six months, without baile or mainprise, and the oath of such person or persons so offending, from thenceforth, not to be received in any court of record within this realm, untill such time as the judgment given against the said person or persons shall be reversed by attaint or otherwise. And that upon every such reversall, the parties grieved to recover his or their damages against all and every such person or persons, as did procure the said judgment, so reversed, to be given against them, and every of them, by action or actions, to be sued upon his or their case or cases, according to the course of the common lawes of this realm. And if it happen the said offendor or offendours, so offending, not to have any goods or chattels to the value of xx. li. that then he or they to be set upon the pillorie in some market place within the county, city or borough, where the said offences shall be committed, by the sheriffe or his minister, if it shall fortune to be without any citie or towne corporate; and if it happen to be within any such citie or towne corporate, then by the said head officer or officers of such citie or towne corporate, or by his or their ministers, and there to have both his ears nailed, [Rep., Stat. Law Rev. (I.) Act, 1878,] and from thenceforth to be discredited and dishabled for ever to be sworn in any of the courts of record aforesaid, until such time as the judgment shall be reversed, and thereupon to recover his damages in maner and forme aforesaid . . [Rep., Stat. Law Rev. (I.) Act, 1879.]
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Who shall hear and determine said offences.
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III. And be it also enacted by the authority aforesaid, that aswell the judge and judges of every such of the said courts where any such suite is or shall be, and whereupon any such perjurie is or shall happen to be committed, as also the justices of assise and gaole deliverie, in their several circuites, and the justice of peace in every county within this realm, at their quarter sessions, both within liberties and without, shall have full power and authoritie, by vertue hereof, to inquire of all and every the defaults and offences perpetrated, committed or done, contrarie to this act, by inquisition, presentment, bill, or information before them exhibited, or otherwise lawfully to heare and determine the same; and thereupon to give judgment, award processe and execution of the same, according to the course of the lawes of this realm.
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Nor to restrain the authority of any judge having absolute power to punish perjury before this Stat. so that a less punishment than in this act contained is not set upon the offenders.
Perpetual.
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VI. Provided alwayes that this act, or any thing therein contayned, shall not extend in any wise to restraine the power and authoritie given by act of Parliament, heretofore made to the lord chauncellor of Ireland, and others of the King's counsell for the time being, to examine and punish ryots, routes, heynous perjuries, and other offences and misdemeanors which the lord chauncellor, and other sithence the making of the said act, have most commonly used to heare and determine in the court, at the castle of Dublin, commonly called the court of castle chamber, nor to restraine the power or authoritie of the lord president and counsaile, that is or shall be in Mounster, Conaght and Ulster, nor [Rep., Stat. Law Rev. (I.) Act, 1879] of any other judge having absolute power to punish perjurie before the making of this statute, but that they, and every of them, shall and may proceed in the punishment of all offences heretofore punishable, in such wise as they might have, and used to do before the making of this act to all purposes, so they set not upon the offendor or offendors less punishment then is contayned in this act: This act to continue for ever.
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