If this is to be considered as an action upon the case for a malicious prosecution, the plaintiff hath not shown that he was acquitted, but that he was convicted. If as an action for *555tbe injury done bim by tbe defendants’ false swearing and perjury, it is not brought upon tbe statute, nor witbin tbe time limited by law; and it would be of dangerous consequence to admit actions of tbis nature to be against witnesses after so great a lapse of time.