case KIMERSLY against cooper TrinityTerm Elizabeth roll in word impute perjury  in a oath take before magistrate the plaintiff must show they have authority  to administer it and though only inducement yet be what entitle the plaih iiff  to his action it may be ir aver ed if no law wager be allow roll Abr Com dig  dougl term Rep I hawk fiost action for word the plaintiff declare that whereas  by the custom of London the mayor recorder and alderman of lo ndon be justice  of the peace have use to take the deposition and examination of any person  produce before they inperpetuam rei memory and to keep the say deposition upon  record croak Elizabeth in the court of the Guildball to be give in evidence to  a jury for the better knowledge of the truth hetween any person and that  wherdas he be examine and swotn before sir George bind mayor of London be then  and there a justice of peace as a witness on the behalf of Edward Sta and make  such oath c the defendant say that he have false swear in the say oath  innuendo the oath there take in form aforesaid c to his damage c the defendant  plead that the plaintiff be not swear before the say George bind modus el  Jormd prout c I upon this it be demurrer in law first the traverse can be take  for the allege of the oath be but conveyance to the action and so be not  traversable and if he never take such oath yet it be a great slander second  this plea amount to a general issue and so be not good Harris of Lincoln inn  ontra that the declaration be not good for the force of it be that the mayor  have use to take the oath c and if he have not authority it be no more than if  the plaintiff have take a voluntary oath in which for say he be forswear be  not actionable and the custom to warrant he to take the oath be not well  allege for he ought to allege that the city be a ancient city for otherwise he  can prescrihe in it a Edward pl Edward pl Henry prescription and the traverse  be good for it be not the conveyance but the principal substance of the action  and without it the action be not maintainable and so be traversable Henry pl  Edward pl Henry bro action sur case Henry pl gawdy where the conveyance to the  action be that which do entitle the plaintiff to the action it may well he  traverse if the defendant can wage his law otherwise where he may wage his law  Henry pl Edward pl Edward pl Henry pl Henry bro traverse Henry pl but  principal for the first fault that he allege not that it be a ancient city the  declaration be not good and of the same opinion be the other justice that it  be a thing traversable for the action be ground upon it and it be then adjudge  for the defendant without further argument