The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

False Affidavits.

In an Action su••le case, it was Resolved, per totam Cu∣riam, That i•• a Sumner return one certified upon his Oath in Court-Christian, where in truth he was not, and thereon he is pronounced contumax, and so becometh ex∣communicate, he shall have his Action sur le case; for here is damaum et injuria.

And it was Resolved, That Perjury, by which Dama∣ges do accrew, may be punished as a Misuemeanour, at the Suit of the King; and also the Party may have his Action upon the Case; for Perjury may not be com∣mitted with Impunity: And for that Reason, If Jurors themselves use Perjury, an Attaint ••yes by the Common-Law: as appears by Glanvil, lib. 2. cap. 29. 15 H. 8. Title Attaint, 75. 6 H. 3. ibid. 73 & 75. and in the time of Ed. 1. ••ttaint. 70. West. 1▪ cap. 38. Vide F. N. B. 109 Vid. 27 H. 6. 25.

In like manner it was agreed, That if one make a false Affidavit, by which the Party is Arrested with Process of Contempt, he may have an Actio•• sur le case, and recover Damage: And though the Court-Christian may pu∣nish, pro salute animae; yet they cannot award Damages to he party. And though the matter be meerly Eccle∣siastical; yet if the Party grieved hath Damages, either by wrongful Proceedings of the Judge, or M••sfeasans, or Nonfeasans, or falsity of any Minister, &c. the Party grieved may have an Action sur le c••se, and recover Da∣mages.

Doctor and Stud. 118, 119. Action sur le Case, lyes against the Ordinary, for a wrongful Excommunication, touching any thing out of his Jurisdiction, &c. So in Fitz. 47 H. 6. 8. If an Arch-Deacon refuse to induct the Clerk, &c. he shall have Action sur le case: Which was affirmed for good Law by all the Court: with which

agrees 26 H. 8. 3. a. If a man proceed against a Pro∣hibition, the Party may have an Action upon the Case against him, for prosecuting in Court-Christian. Vid. Trin. 20 Ed. 3. Rot. 46. in the Treasury, Richard Tresil's Case. So the like, Pasch. 13 Ed. 3. Rot. 78. Philip de Har••eshals Case. Hill. 32 Ed. 3. Rot. 78. and Trin. 37 Ed. 1. and Mich. 29 Ed. 3. Rot. 19. similiter: and di∣vers other Records you may have. See in my Book of Presidents.