See also:

• PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

PERJURY (through the Anglo-Fr. perjurie, See also:

• MODERN

modern parjure, See also:

• LAT

Lat. perjurium, a false See also:

• OATH (0. Eng. ddh)

oath, perjurare, to swear falsely)  , an assertion upon an See also:

• OATH (0. Eng. ddh)

oath duly administered in a judicial proceeding before a competent See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court of the truth of some See also:

• MATTER

matter of fact, material to the question depending in that proceeding, which assertion the assertor does not believe to be true when he makes it, or on which he knows himself to be ignorant (See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen, See also:

• DIGEST

Digest of the Criminal See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

Law, See also:

• ART

art . 135) . In the See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early stages of legal See also:

• HISTORY

history See also:

• PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

perjury seems to have been regarded rather as a See also:

• SIN
• SIN (O. Eng. syn: a common Teutonic word, cf. Dutch zonde, Ger. Siinde)

sin than as a See also:

• CRIME (Lat. crimen, accusation)

crime, and so subject only to supernatural penalties . The injury caused by a false oath was supposed to be done not so much to society as to the Divine Being in whose name the oath was taken (see OATH) . In See also:

• ROMAN

Roman law, even in the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of the See also:

• EMPIRE

empire, the perjurer See also:

• FELL
• FELL, JOHN (1625-1686)

fell simply under divine reprobation, and was not dealt with as a criminal, except where he had been bribed to withhold true or give false See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence, or where the oath was by the See also:

• GENIUS (from Lat. genere, gignere)

genius of the See also:

• EMPEROR (Fr. empereur, from the Lat. imperator)

emperor . In the latter See also:

• CASE
• CASE, JOHN (d. 1600)

case See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment was no doubt inflicted more for the insult to the emperor than for the perjury . False testimony leading to the conviction of aperson for a crime punishable with See also:

• DEATH

death constituted the offence of See also:

• HOMICIDE (Lat. homicidium)

homicide rather than of perjury . In See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, perjury, as being a sin, was originally a matter of ecclesiastical cognisance . At a later See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period, when it had become a crime, the See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction of the spiritual courts became gradually confined to such perjury as was committed in ecclesiastical proceedings, and did not extend to perjury committed in a temporal court . The only perjury which was for a See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long time noticed at See also:

• COMMON

common law was the perjury of jurors . See also:

• ATTAINT, WRIT OF

Attaint of jurors (see ATTAINT, See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

WRIT OF) who were originally rather in the position of witnesses than of See also:

• JUDGES, THE BOOK OF

judges of fact, incidentally subjected them to punishment for perjury . Criminal jurisdiction over perjury by persons other than jurors seems to have been first assumed by the See also:

• STAR

Star Chamber, acting under the See also:

• POWERS, HIRAM (1805-1873)

powers supposed to have been conferred by an See also:

• ACT (Lat. actus, actum)

act of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VII .

(1487) . After the abolition of the Star Chamber by the Long See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

Parliament in 1641 and the See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual diminution of the authority of the spiritual courts, perjury (whether in the strict sense of the word or the taking of a false oath in non-judicial proceedings) practically fell entirely within the jurisdiction of the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary criminal tribunals . At common law only a false oath in judicial proceedings is perjury . But by See also:

• STATUTE

statute the penalties of perjury have been extended to extra-judicial matters e.g. false declarations made for the purpose of procuring See also:

• MARRIAGE

marriage (The Marriage and See also:

• REGISTRATION

Registration Act 1856), and false affidavits under the Bills of See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

Sale Act 1878 . False See also:

• AFFIRMATION (from Lat. affirmare, to assert)

affirmation by a See also:

• PERSON, OFFENCES AGAINST THE

person permitted by law to affirm is perjury (The Evidence Further See also:

• AMENDMENT (through the O. Fr. amender, to correct, from Lat. mendum, a fault)

Amendment Act 1869; The Evidence Amendment Act 187o) . In See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to support an See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment for perjury the See also:

• PROSECUTION

prosecution must prove the authority to administer the oath, the occasion of administering it, the taking of the oath, the substance of the oath, the materiality of the matter sworn, the falsity of the matter sworn, and the corrupt intention of the See also:

• DEFENDANT

defendant, The indictment must allege that the perjury was wilful and corrupt, and must set out the false statement or statements on which perjury is assigned, subject to the provisions of the Prosecutions for Perjury Act 1749 (which also applies to subornation of perjury) . By that act it is sufficient to set out the substance of the offence, without setting forth the See also:

• BILL

bill, See also:

• ANSWER (derived from and, against, and the same root as swear)

answer, &c., or any See also:

• PART

part of the See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record and without setting forth the See also:

• COMMISSION (from Lat. commissio, committere)

commission or authority of the court before whom the perjury was committed . The matter sworn to must be one of fact and not of See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere belief or See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion . It is not homicide, as in Roman law, to procure the death of another by false evidence, but the Criminal See also:

• CODE (Lat. codex)

Code, ss . 118, 164, proposed to make such an offence a substantive crime of greater gravity than ordinary perjury, and punishable by penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude for See also:

• LIFE

life . It is a See also:

• RULE

rule of evidence, founded upon obvious reasons, that the testimony of a single See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness is insufficient to convict on a See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of perjury . There must be corroboration of his evidence in some material particular .

Perjury is a common law See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour, not triable at See also:

• QUARTER (through Fr. from Lat. quartarius, fourth part)

quarter-sessions . Most persons in a judicial position have the right of directing the prosecution of any witness, if it appears to them that he has been guilty of perjury (The Criminal See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Procedure Act 1851) . The provisions of the Vexatious Indictments Act 1859 extend to perjury and subornation of perjury . By that Act no indictment for either of such offences can be preferred unless the prosecutor or accused is See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound by recognisance, or the accused is in custody, or the consent of a See also:

• JUDGE (Lat. judex, Fr. juge)

judge is obtained, or (in the case of perjury) a prosecution is directed under the act of 1851 . Subornation of perjury is procuring a person to commit a per-See also:

• JURY

jury which he actually commits in consequence of such procurement . If the person attempted to be suborned do not take the oath, the person inciting him, though not guilty of subornation, is liable to See also:

• FINE

fine and See also:

• CORPORAL

corporal punishment . Perjury and subornation of perjury are punishable at common law with fine and imprisonment . By the combined operation of the Perjury Act 1728 and later statutes, the punishment at See also:

• PRESENT

present appears to be penal servitude for any See also:

• TERM

term, or imprisonment with or without hard labour for a term not exceeding seven years (see Stephen, Digest, art . 148) . The punishment at common law was See also:

• WHIPPING, or FLOGGING

whipping, imprisonment, fine and See also:

• PILLORY (0. Fr. pilori, Prov. espitlori, from Lat. speculatorium, a place of observation or " peep-hole ")

pillory . Perjury or See also:

• PREVARICATION

prevarication committed before a See also:

• COMMITTEE (from commute, an Anglo-Fr. past participle of commettre, Lat. committere, to entrust; the modern Fr. equivalent comite is derived from the Eng.)

committee of either See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

House of Parliament may be dealt with as a contempt or See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• PRIVILEGE

privilege as well as by prosecution . As to false oaths not perjury, it is a misdemeanor at common law, punishable by fine and imprisonment, to swear falsely before any person authorized to administer an oath upon a matter of common concern, under such circumstances that the false See also:

• SWEARING (O. Eng. swerian, to swear, originally to speak aloud, cf. andswerian, to answer, Ger. schworen, Dan. svaerge, &c., all from root sorer-, to make a sound, cf. " swarm," properly the buzzing of bees, Lat. susurrus)

swearing, if committed in judicial proceedings, would have amounted to perjury .

There are some cases of making false declarations which are punishable on See also:

• SUMMARY

summary conviction, e.g. certain declarations under the Registration of Births and Deaths Act 1874, and the Customs Consolidation Act 1876 . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland the law, as a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general rule, agrees with that of England . Perjury may be committed by a party on reference to oath as well as by a witness . A witness making a false affirmation is guilty of perjury (The Affirmation [Scotland] Act, 1865) . The acts of 1851 and 1859 do not extend to Scotland . The trial, though usually by the court of See also:

• JUSTICIARY, HIGH COURT OF

justiciary, may be by the court of session if the perjury is committed in the course of an See also:

• ACTION

action before that court . The punishment is penal servitude or imprisonment at the discretion of the court . Formerly a person convicted of perjury was disabled from giving evidence in future; this See also:

• DISABILITY

disability was abolished by the Evidence (Scotland) Act 1852 . In the See also:

• UNITED

United States the common law has been extended by most states to embrace false affirmations and false evidence in proceedings not judicial . Perjury in a United States court is dealt with by an act of See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress of the 3rd of See also:

• MARCH
• MARCH (1) (from Fr. marcher, to walk; the earliest sense in French appears to be " to trample," and the origin has usually been found in the Lat. marcus, hammer; Low Lat. marcare, to hammer; hence to beat the road with the regular tread of a soldier: cf.
• MARCH, AUZIAS (c. "1395-1458)
• MARCH, EARLS OF
• MARCH, FRANCIS ANDREW (1825– )

March 1825, by which the maximum punishment for perjury or subornation of perjury is a fine of $20o0 or imprisonment for not more than five years . Jurisdiction to punish perjury committed in the See also:

• STATE
• STATE, GREAT OFFICERS OF

state courts belongs to the states, as the Federal Constitution did not give it to the Federal See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government . Statutory provisions founded upon the See also:

• ENGLISH

English act of 1749, have been adopted in some states .

In the states which have not adopted such provisions, the indictment must set out the offence with the particularity necessary at common law . On the See also:

• CONTINENT (from Lat. continere, "to hold together "; hence " connected," " continuous ")

continent of See also:

• EUROPE

Europe perjury is also regarded as an offence of gravity punishable by imprisonment for varying periods . In See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, as in England, it was at one time a matter for the spiritual courts . In See also:

• AUSTRIA
• AUSTRIA, LOWER (Ger. Niederosterreich or Osterreich unter der Enns, " Austria below the river Enns ")
• AUSTRIA, UPPER (Ger. Oberosterreich or Osterreich ob der Enns, " Austria above the river Enns ")

Austria it is treated as a See also:

• FORM (Lat. forma)

form of See also:

• FRAUD (Lat. fraus, deceit)

fraud, and the punishment is proportioned to the estimated amount of damage done to the party aggrieved . In See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France the term perjury (perjure) is specifically applied only to the making of false oaths by parties in a See also:

• CIVIL

civil suit .