case Damport against simpson a action on the case will not lie against a man  for perjury in a action of trover whereby the plaintiff recover a damage than  he will otherwise have do cro James Owen and roll Rep cro James Inst   light  sect action on the case and count that he be possess of a fountain of silver  to the value of and deliver it to I d to transport heyond sea and there to  sell it and to render a account thereof to the plaintiff which the say I d  break and convert to his own use whereupon the plaintiff bring his action on  the case against he wherein they be at issue and the defendant be produce as a  witness on the part of I d false swear that the say fountain be not worth  above the value of whereas in truth it be worth by reason of which false oath  the jury give to the now plaintiff but damage whereas they will otherwise have  give more damage whereupon he bring this action the defendant plead not guilty  and find against he and damage assess to and it be move in croak Elizabeth  arrest of judgement that the action lie not for the law intend the oath of  every man to he true and therefore until the statute of Henry c which give  power to examine and punish perjury in the starchamber there be not any  punishment for any false oath of any witness at the commonlaw and now there be  a form of punishment for perjury provide by the statute of Elizabeth c and if  this action shall he allow the defendant may he twice punish videlicet by the  statute and by this action which be not reasonable and of that opinion be  Walnisley Heauniond and Owen that this action lie not for at the commonlaw  there be not any course in law to punish perjury but yet before the statute of  Henry c the king Council use to assemble and punish such perjury at their  discretion and if he shall be punish in law by this action there will he some  precedent of it before this time but be there be not any precedent find  thereof it be a good argument that the action be not maintainable and it  appear by dyer that at the commonlaw there be no punishment for perjury but in  case of attaint but in the spiritual Courtpro Icesionefidei in case spiritual  they use to punish they and here they will in this action draw in question the  intent of the juror what great damage they will have give unless for this oath  which be secret and can be try and therefore to punish a man for his oath upon  a secret intent will he hard and if this may he suffer every witness will he  draw in question wherefore upon these reason they hold that this action lie  not and give judgement for the defendant against the opinion of Anderson who  conceive the action be maintainable croak Elizabeth er p