CCXXI. The Lady Newman and Shyriff's Case. Mich. 29 Eliz. In the Star-Chamber.
* 1.1THe Lady Newman, Sister of James Wingfield lately deceased, Exhibited a Bill of Complaint in the Star-Chamber, against one Shyriff dwelling in Ireland, and two others; setting forth, That the said Shyriff had forged a Deed, purporting, That the said James had by the same given to him all his goods; and also that the said James had assigned to the said Shyriff a Lease for years of Lands in Ireland: And also that the said Shyriff had procured the said two other Defendants to depose upon their Oath before the Town-Clerk of London, That the said Deed was sealed and deli∣vered by the said James as his Deed. It was moved by the Coun∣sel of the Defendant's, That these matters of Forgery are not within the Statute of 5 Eliz. nor also the Perjury, or the procure∣ment of it: Whereupon the Lords of the Council referred the Consideration of the said Statute, to both the Chief Iustices, who the next Court-day declared their Opinions upon the said Matters; 1. That the said Statute did not extend to forgery of a Deed conveying a gift of Chattels personals: Which see by the Statute, which, as to that point, extends but to Obligations, Bills Obligatory, Acquittance, Release, or other discharge. And also a Deed of an Assignment of a Lease of Land in Ireland, is not within the said Statute. And also the said Iustices were of Opi∣nion, That this Perjury, and the procurement of it, is not punish∣able by the said Statute, because the Oath was taken Coram non Judice. For the Town-Clerk of London cannot minister an Oath in such case, no more than a private person. But because the Bill in the perclose and Conclusion of it, was contrary to the Laws and Statutes of this Realm, The said Chief Iustices were of Opi∣nion, That the said Court might punish those offences as misde∣meanors at the Common Law, but not according to the Statute. And afterwards Shyriff paid for a Fine 3 l. and by Order of the Court, was set in the Pillory.