coke a the case de little book FAMOSIS or of scandalous libel pasch James a  libel be make either against a private person or a magistrate or public person  and in either case be punishable although the party libel be dead at the time  of make the libel a libeler shall be punish either by indictment by commonlaw  or by bill or over lenus on his confession in the star Chamber and may be  punish by fine imprisonment and by pillory and loss of ear it be not material  whether the libel be true or false a libel be either in scribe or without  scribe a libel in scribe be when a epigram rhyme or other write be compose or  publish to the scandal or contumely of another the publication may be word or  oft repeated saying tradition a libel without scribe may be painting battle  standard if one find a libel against a private person he may either burn it or  deliver it to a coke report b er p magistrate but if it be against a public  person he ought to deliver it to a magistrate in the case of l p in the  starchamber this term against who the attorneygeneral proceed over as far as  on his own confession for compose and publish a infamous libel in verse by  which John archbishop of Canterbury who be a prelate of singular piety gravity  and learning now dead by description and circumlocution and not in express  term and Richard bishop of Canterbury who now be be traduce and scandalize in  which these point be resolve every libel which be call much talked of little  book seu infamatoria writing be make either against a private man or against a  magistrate or public person if it be against a private man it deserve a severe  punishment for although the libel be make against one yet it incite all those  of the same family kindred or society to revenge and so tend per subsequent to  quarrel and breach of the peace and may be the cause of shed of blood and of  great inconvenience if it be against a magistrate or other public person it be  a great offence for it concern not only the breach of the peace but also the  scandal of government for what great scandal of government can there be than  to have corrupt or wicked magistrate to be appoint and constitute by the king  to govern his subject under he and great imputation to the state can be than  to suffer such corrupt man to sit in the sacred seat of justice or to have any  meddle in or concern the administration of justice although the private man or  magistrate be dead at the time of the make of the libel yet it be punishable  for in the one case it stir up other of the same family blood or society to  revenge and to break the peace and in the other the libeler traduce and  slander the state and government which die not a libeler who be call much  talked of defamator shall be punish either by indictment at the commonlaw or  by bill if he deny it or over as far as on his confession coke b in the  starchamber and accord to the quality of the offence he may be punish by fine  or imprisonment and if the case be exorbitant by pillory and loss of his ear a  punishment of the pillory except in a few case abolish by Geo III c a it be  not material whether the libel be true or whether the party against who it be  make be of good or in fame for in a settle state of government the party  grieve ought to complain for every injury do he in a ordinary course of law  and not by any mean to revenge himself either by the odious course of libel or  otherwise he who kill a man with his sword in fight be a great offender but he  be a great offender who poison another for in the one case be who be open  assault may defend himself and know his adversary and may endeavour to prevent  it but poison may be do so secret that none can defend himself against it for  which cause the offence be the more dangerous because the offender can easy be  know and of such nature be libel it be secret and rob a man of his good name  which ought to be more precious to he than his life hard be to come upon  seller infamatori scripture and therefore when the offender be know he ought  to be severe punish every infamous libel or be in scribe or without scribe a  scandalous libel in scribe be when a epigram rhyme or other write be compose  or publish to the scandal orcontumely of another by which his fame and dignity  may be prejudice and such libel may be publish word or oft repeated saying as  here it be malicious repeat or sing in the presence of other tradition b in  king v Burdett b a it be hold by three judge to waver in opinion Bayley I that  a delivery of a seal letter at the postoffice be a publication of the libel in  the county in which the postoffice be situate and with the observation of  Holroyd justice p upon the sense in which the word publish be use in law in  the same case it be further hold by abbot CJ Holroyd I and best I that when a  defendant write and compose a libel in one county with intent to publish and  afterward do publish it in another that he may be indict for a misdemeanour in  either county and Vid Pearson v MacGown barn Cress b when the libel or any  copy of it be deliver over to scandalize the party Famosus little book without  scribe may be painting coke report a er p as to paint the party in any  shameful and ignominious manner battle standard as to fix a gallows or other  reproachful and ignominious sign at the party door or elsewhere and it be  resolve mich Elizabeth in the starchamber in Halliwoods case that if one find  a libel and will keep himself out of danger if it be compose against a private  man the finder either may burn it or present deliver it to a magistrate but if  it concern a magistrate or other public person the finder ought present to  deliver it to a magistrate to the intent that by examination and industry the  author may be find out and punish and libel and calumniation be a offence  against the law of God for Leviticus non facias charge proximo Exodus for  principi poplar tree tui non to speak ill of Solomon in cogitation coke a tua  ne to draw off king nec in separately bed tui rich to speak ill of because  bird cli to bear voice thy who to have feather annuntiabi opinion Psal facing  I to speak who to sit in port in I psalleba who to drink vinum job for son  foolish unknown in land inside non parent nunc in the dawn song versus sum  factus sum the dawn in proverb and it be observe that job who be the mirror of  patience as appear by his word become in a certain way impatient when libel be  make of he and therefore it appear of what force they be to provoke impatience  and contention and there be certain mark by which a libeler may be know  because tribune to follow defamatorem much talked of bad condition in increase  increase of lewdness Burs shrinkage decrease of money and beggary knowledge  defeat shipwreck of conscience see the case of the king against pain Carth see  also Mod salk Fitzgib note to former edition note see the debate upon this  matter where a man may conceal a libel and when not Rushw coll foe the case of  the bishop of Lincoln and Osbaston and also what be a libel and the etymology  of it note to former edition