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[Page 4]
granted to me, under the signatures of four Justices, however before such Warrant was granted my deposition, that the Prisoner Mr. Mc Arthur was not then in my custody, or in any other custody that I knew of, was necessary; I therefore made an Affidavit of its truth, I was then and am still justified by the law and the fact which I shall prove by evidence and from the most incontestable authority: even allowing for argument sake that the six members had legal authority to deliver the Prisoner without a Bond to his former Bail, I acted legally because I positively swear that I never knew he was delivered to his former Bail, and as to my assent by a nod or a bow, if I did nod or bow, I did not understand that a delivery of the Prisoner to Bail was the purpose of Captain Kemps address to me; but to admit a bow or nod as evidence in a Court of Justice, would, I make no doubt, be deemed a Novel, a ridiculous and too dangerous a precedent: for in law to convict a man of perjury, a probable evidence is not enough; but it must be a strong and clear evidence 10th Mod. 194. A bow or a nod has not even the strength of probability, they are