AN Information for perjury being preferred against Sir Pati­ence Ward Knight, for that▪ he Maliciously and wilfully perjured himself in the Court of Kings-Bench, upon the Tryal of Thomas Pilkinton Esq &c. the said Sr-Patience Ward, pleaded not Guilty to the Information; and on the 19th. of this Instant May, 1683. took his Tryal accordingly. The most Material Proceedings be­ing these.

After the Information was read, the Kings Council opened the mat­ter in question, alledging the heinousness of the Fact, and of what dan­gerous Consequence it might prove if it should pass unpunished, for that it concerned the Nation in General, and might give Encourage­ment to greater mischief if it should be passed over, or to that effect; after which the Evidence for the King was called & sworn; who depo­sed upon Oath, that in the precedent Term at a Tryal between his Roy­al Highness, Plant [...]f, and Thomas Pilkinton defendant, upon an Action of Scandalum Magnatum, the said Sr. Patient VVard, being a Witness for the Defendant did, upon Oath, depose that the said Thomas Pilkinton was not present at the time the discourse begun in Relation to his Roy­al Highness; and that afterwards coming to the Table, in the Matted Gallery, when he began to speak of burning the City, he the said Sr. Pati­ence VVard clapped his hand on his Mouth or Brest, and bid him Ex­plain himself; demanding whether he meant not one Hubert, that fired the City, and was for the Fact Executed, and that many words lay'd in the Declaration, in the Action of Scandalum Magnatum, were not spoken by Mr. Pilkinton to the Plantif, &c. To this or the same Ef­fect, Eight or Nine Witnesses were sworn, and the matter strongly argued, and managed by Council. Divers Interrogatories being put & all doubtful matters amply Explained & lay'd open to the Consideration of the Jurors, together with the Heineousness of the sin of Perjury; which did not only expose mens Fortunes and Reputations, but lives, to perpetual hazard and danger; the Council likewise put them in mind that the words lay'd in the Declaration were sworn to by persons of [Page 2] unspotted Reputation and not only upon the Tryal of Mr. Pilkington, but even again in their hearing, and that they ought to have regard to the Possitive Evidence of Credible Affirmatives, for that they swore to what they had heard and retained in their memory, &c.

After the Kings Evidence had deposed the matter of Fact at large, as was lay'd in the Information, the Evidence for the Defendant were called who were many in number, but the chief, one Mr. Blanie a Ba­rister, who took the Tryal between his Royal Highness, and Mr. Pil­ [...]ington in short-hand Notes, who in Court produced the said Notes, declaring that he had taken them true as to what they contained, to the best of his Judgment and that he had perused them and could not conceive any Error therein, as to what he had taken, but withal, declared that he could not be so possitive, but that he might o­mit some words, not withstanding he sat in a place advantageous for his taking of the said Notes, appealing to those present, whether in his take­ing several Tryals in that Court, and others, he had omitted any thing material, or falsyfied; against which some Objections were made. His Evidence as likewise that given by many of the Defendants Wit­nesses was that the said Defendant did not; at the Tryal, between his Royal Highness and Mr. Pilkington to their memory sware possitively to each particular charged against him, but that he deposed, that as he believed, or to the best of his knowledg, or according to the best of his memory, or that he did not hear such and such words spoken; or that he was not possitive as to particulars; which was that which the Council for the King for the most part insisted on in the Intero­gatories or Queries put to the Defendants Evidence, who were not less then 12. or 13. so that after the Tryal had lasted for the space of four hours, or thereabouts and the Witnesses, with great diliberation, heard what they had to say. First the Kings Council summed up, what had been repeated, declaring that the matter consisted of these points, viz. Whether the Defendant did swear positively at the Tryal between his Royal Highness & Mr. Pilkington to such matters, as were swore a­gainst him, or not: for Conformation that he did many worthy Gentlemen had de­posed it upon Oath, who were present at the same Tryal: that he only swore dubi­ously, some persons had deposed. Therefore if they believed the Kings Evidence they must find him Guilty, according to the Tenure of the Information.

After which the Council for the Defendant summed up the Evidence, & came to particulars, but above all alledged the Credit and Reputation of the person, in question, arguing that he had born the chiefest Office in the City, and other great Places of Trust, and that he could propose to himself no advantage by perjury in that Case neither did he by his giving Evidence perjudice, the Plantif a peny; for that he had his damages to the full, as they were lay'd in the Declaration, &c.

After which the Court gave the charge, & as soon as the Jury went out, rose, leaving them to give a private Verdict to the Puisne Judge: the matter being try'd upon an Information at Common Law, Some hours being spent in debate as is conceived, the Jury unanimously gave their Verdict that the Defendant was Guilty of the particulars mentioned in the Information which Virdict on Munday last was made Publick.