The Court of Star Chamber. joyned together, according to the quality of the offence, or of the person." "We have perjurie committed in England by one means, which in other nations is unknowne. And that is by the Jury or Enquest, that breake their oaths in giving up their verdict. In which case there lyeth a writ of attaint against them, whereby they are summoned to appeare in the Kings Bench at a certaine day, and there being convict of perjury, are according to the ancient Law of England, to undergoe a most ignominous punishment . . . And that is to have their Medowes eared, their houses broken downe, their woods burned up, their Lands and Tene ments forfeited to the King, and (as it may be gathered out of Fitzherb. Nat. Br. in the writ of Attaints, fol. 195) their bodies to be committed to Prison during the King's pleasure, but wee see no example of this in these dayes, but rather in lieu of this, some of these punishments formerly expressed." "This by the Civill Law is a branch of Crimen falsi, and therefore is censured as before is set downe in Forgerie, howbeit the best civilians bee of opinion that it hath not any ordinarie punish ment, but juxta arbitrium Judicis, Fachin de controv. Juris, lib. 1, cap. 14, yet other effects doe follow of it, as Julius Clams mentioneth." Of the criminal aspect of cozenage he says : — "Cozenage is an offence, whereby anything is done guilfully in or out of contracts, which cannot fitly be termed by any speciall name, West, part 2. Symbol, trad. Indictments, Sectio 68. "This is by the Civilians called Stellionatus, a Slellione, quod est lacert-e genus quo nullum animal homini invidet /raudulentius, Plinius libr. 3, cap. 10. "The punishment of this is Arbitrarie, as in our Realme, so likewise by the Civill Law, as appeareth by the twentieth title of the 47. book of the Digests, and Wesenbecius Barat. upon the same." Inasmuch as libellers were often dealt with in the Star Chamber, the author thought it not amiss to define that offence, which he does thus : — "Famosus Libellus est /ion modo si dissimulate,
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vel fieto authoris nomine edatur, rcren metiam si expresso. But then, what is the difference betweene an injurie in writing and a Libell? For injuria is either realis qua re instigitur, ut per verbera, aut verbalis qua verbo vel seripto, or personalis qua persona instigitur ut per verbera vel eruciatum. The difference therefore be tweene a written injurie and a Libell is, qui a famosus libellus adinfamiam pertinet, hoc est impingil delictu aliquod not abile, injuria fit contumelia causa, etiam absque infamia nota, ut si quis luscus, spurius, claudus, aliove contumelioso nomine appelletur et traducatur." "They may punish," says the author, "spreaders of false newes, and false messages of Noblemen and others against the Stat, anno 12 R. 2. cap. 2. J?. 2. cap. 5. Vide parlm. the case of the Duke of Buck, and the Lord of Darburganie." "Note that Knivit Justice saith, that one whohad reported in the countrey, that there were wars beyond Sea; so that none could passe by Sea that yeare, whereupon the price of Woollfels. were sold at a lesse rate. And hee, for that cause, was constraned to come before the King's councell, and fined to the* King, 43. pounds, Assise 38." "They may punish the taking of women under the age of sixteen yeares from their parents against their wills, and contract marriage with them against 4 et. 5, Phil. et. Mar. cap. 18." "They may punish those that obtaine goods and chattells of any other by false tokens and messages counterfeited in other men's names, by 33. II. 8. he shall be set on the Pillory, or have other corporall punishment, other than of death, as the Court shall award where hee is convict. "They may assesse a greater fine than is assessed by the Justices of Peace upon Indict ments in the Countie, as it fell out in the case of Sir John Conway, and Lodovike Grevil, for that the said Z .. assaulted the said Sir John, and struck him to the ground at Temple-Barre with a cudgell called a Bastinado, for which he made fine in 'this Court C : 1 : and more about the 27 : of Eliz. though hee were indicted in the
