Perjury in the Hispanic and English law (15th-18th centuries). A comparative study

Abstract

This study examines and compares the indictable offenses of perjury and false oath in the legal sources of Hispanic and English territories in the Modern Period. An attempt is given to determine the development of: (i) the constituent elements of the crime and its distinguishing notes in its subject-matter design, (ii) the oath as a compulsory procedural requirement, (iii) the role of witnesses’ testimony in providing evidence in a process, (iv) the adequacy of legislative provisions to this unlawful behaviour, (v) the interest which is legally protected, (vi) the development in the types of punishments; and (vii) how society, institutions and legal literature perceive perjury as a crime. This study examines the regulation of this offense both in Hispanic territorial jurisdictions and in Common Law and Statutes concerning perjury and false oath. Many examples of court decisions are provided, particularly from the Old Bailey (The London’s Central Criminal Court) in England.