clxxix pierce against how action upon the case for word a action upon the case  for these word pierce have take a false oath in the consistory court of the  bishop of Exeter and upon the declaration the defendant do demurrer in law and  by Prideaux these word be actionable although the perjury be suppose to be  commit in the spiritual court for he shall be excommunicate if be will not  appear and be shall do penance in a white sheet which be as great a disgrace  as to be set upon the pillory and it be rule in a action upon the case betwixt  Dorrington and Dorrington upon these word thou art a bastard that a action lie  and yet bastardy be a spiritual matter and there determinable so for these  word thou art a pirate a action lie and yet piracy be not punishable by the  commonlaw but in the court of admiralty and these word be have take a false  oath do amount to these word he be forswear Wray conceive that the word be not  actionable for there be a proviso in the statute of Elizabeth cap that the say  Act shall not extend to any ecclesiastical court but that every such to hit  shall be and may be punish by such usual and ordinary law as heretofore have  be and be yet use and Leonard frequent in the say ecclesiastical court gawdy  upon these word a action do not lie for they be not pregnant of any perjury in  the pl for be may be mere passive in it for if one of the master of the  chancery minister a oath onto any person or any commissioner c and the  plaintiff swear false a man may say that the master of the chancery or the  commissioner have take a false oath and yet he be not guilty of falsity and  afterward Wray different opinion that the proviso in the say statute be to  this intent that notwithstanding the say statute such a offence may be  enquirable and examine in the ecclesiastical court in such manner as it be  before but the same do not take away or restrain the authority of the  commonlaw but that such a offence may be here examine and it have be late  adjudge in the starchamber that such perjury be examinable there for it be not  restrain and as to the latter exception upon these word he have take a false  oath it shall be intend active and not passive and if so the defendant ought  to have so plead it and afterward judgement be give for the plaintiff cro  Leonard er p trin Elizabeth in the king bench