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Perjury Definition of
Perjury is the willfully taking of a false Oath
by one who where a person having lawfully required by any person having Authority s to do to depose the truth
upon Oath in any matter by any person having
Authority to requ swears knowingly what is false
[as to something which is material to the point in
question.]
This to take in Examinations which perhaps
strictly speaking may not be concerning any
judicial proceeding,+ as not being in a delegated
matter – for instance such as are presented by
the River Lea Act 7. G. 3. 54 § 5 65. made
Perjury by §.103. And by the Bread Act 31. G.2.29. §.18. tho' not upon Oath where a special Penalty
less than for Perjury is appointed. And by 9.
Punishment, which however to be G. 3. 41. § 5.‡ ‡ This is a Custom-House Oath And by 5. G. 3. 9. 28. a Court
of Conscience Act. 11. G. 3. 55. §4. Wherein an
Oath of Qualification is required. But no Perjury Clause in
3. G. 3. 24. another Perjury Parliament-Election-Qualification
Act.
Perjury therefore is
the breach of an Assertory
not of a Promissory
Oath.
This was the distinction
which Ld Coke hade
in mind (in 3 Inst.
166 quoted in Burns
Tit. Perjury) he
wanted this Nomenclature
to express it.
The word in 1st Hawke
172. Quoted in
3 Burn 299. Tit.
Perjury.
PERJURY – Definition. [BR][8.]
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