case eyres against SEDGEWICKE Trinity term James roll Wiltshire a action on  the case will not lie for that the defendant make a false affidavit in  chancery that the plaintiff make a rescue by reason of which false oath the  plaintiff be imprison and put to great expense Owen Hutton Poph hard Leon say  vide side lev contra action upon the case whereas whether petty in Michaelmas  term James procure a supplicavit of the good behaviour against William Parry  direct to the sheriff of wilts and obtain a warrant for the arrest of the say  William Parry to find surety direct to the defendant and other as special  bailiff who arrest the say William Parry and afterward negligent suffer he to  escape that the defendant afterward make a false affidavit in the chancery  concern the execution of this warrant and show what verbatim the substance  whereof be that he by virtue of the say warrant arrest the say William Parry  and that the plaintiff and other violent rescue the prisoner so as he escape  and that the say plaintiff hold he till the prisoner escape where in fact he  do not rescue he nor hold the defendant till the prisoner escape by reason of  which false oath he be imprison by the Lord chancellor and enforce to be at  great expense for his deliverance for which cause he bring this action the  defendant plead not guilty and find against he it be now move in arrest of  judgement that this action lie not for when any one take a oath in a court the  court always presume it to be true until his oath be disprove and he be  convict of perjury by indictment or censure in the starchamber or otherwise  and not in a action upon the case for it will be very mischievous if the truth  or falsehood of a oath shall be try by action upon the case croak James er p  and as to that point be cite ass pl that action upon the case lie not against  a indictor for that he do it upon his oath and the case of Damport v simpson  in the common plea a where it be resolve that where a action upon the case be  bring against the defendant suppose that he give false testimony concern the  value of a jewel judgement be that the action lie not for then every one shall  be draw in question by action upon the case which will be inconvenient  Montague chief justice Doderidge and chamberlain deliver their opinion  seriatim that this action lie not for for misdemeanour in court every court  where the abuse be commit shall have the examination thereof and if they find  misdemeanour may punish it but to punish it by a action upon the case upon  pretence of a false oath shall not be suffer Doderidge say if it shall be  examine in a action upon the case then peradventure one witness will swear  against that which the other have depose upon his oath and so there shall be  oath against oath and the law can know which of they be true croak throw but  shall presume the one to be as well true as the other wherefore the law will  not suffer such a inconvenience but it ought to be punish by conviction upon  indictment or suit in the starchamber and he say that he know in the case of  Skelham v Harrison in this court a where a action be bring against one for put  in ill and false bail to discharge his bail in London the better opinion be  that the action be not maintainable but by his mean the action be compound and  no judgement give so they hold here that this be a offence in a judicial court  a action upon the case lie not Houghton justice hold the contrary for be aver  to be false the action be well maintainable for he be damnified by that false  oath and there be not any reason he shall be without remedy also this  affidavit be a voluntary act by he wherefore if it be false it be reason he  shall have his remedy against he for a action upon the statute of Elizabeth c  for perjury lie not upon such a false oath but if he have come in by process  of law as a witness it have be otherwise for if it be false he be punishable  by the say statute or by indictment but not here wherefore he conceive it  reasonable that the action shall lie but notwithstanding his opinion it be  adjudge for the defendant