Case Book BL Harley MS 2143 fo. 40r.
Perjury in witness examined viva voce at the bar being laid upon the statute for that the plaintiff was not indemnified, not examinable. Andrews, plaintiff; Hopkins: perjury grounded upon the statute of 5 [Elizabeth] and not generally, which the defendant’s counsel at the hearing of the cause said was not here examinable because there was no bill or information depending in court at the time of the supposed perjury committed touching the controversy whereupon the depositions were grounded the same being made viva voce at the bar which was referred to two judges. Who at another day of hearing of this cause with the opinion of the whole court dismissed the same for that it appeared by the proofs that the plaintiff was not demnified though the depositions had been false and for that the plaintiff ought by the purport of that statute to be a party grieved yet the party grieved not examinable being grounded upon the statute.
Michaelmas 31 Elizabeth