Buxton versus GOUCH pasch Ann B R in this case it be hold per curian that  perjury be punishable at commonlaw that if it relate to justice it be  punishable by the statute but if it relate to a spiritual matter in the  spiritual court it may be punish there a that it take its name from pervert  justice therefore it must be judicial and a false oath in a court of justice  be more odious than elsewhere Salkeld it be a offence for which the party may  be indict either at commonlaw or upon the statute Elizabeth by which the  punishment be enlarge but the nature of the offence be not alter by that  statute and in many case a indictment will lie at commonlaw when it will not  lie upon the statute as for instance a man may be indict at commonlaw for a  false affidavit take before a master in chancery but not upon the statute for  this be not perjury within the meaning of that statute for that must be in a  matter relate to the proof of what be in issue so where a witness for the king  swear false he can be indict upon the statute but he may at commonlaw cro  pierce case a false oath former take in the court of request in a matter  concern land be not indictable because that court have no jurisdiction in such  case indictment of perjury be quod touch per see sacrifice Gospel falsely to  lay c this be adjudge ill because it be not full allege that he be swear  another indictment be hold ill because it do not allege that the defendant a  this be express save by stat et c S Salkeld er p voluntary to lay and another  be likewise adjudge nought because the oath do not relate to the point in  issue b where the plaintiff lose his action by a false and perjure witness  produce on the part of the defendant in such case he the plaintiff can have a  action against that witness till he be indict and convict unless it be such a  perjury or in such a court that a indictment will not lie for it cro b these  indictment be on the statute Salkeld pigeon see nuisance plead not certain and  want full defence