Action upon the Case FOR SLANDER OR A Methodical Collection under certain Heads of Thousands of CASES Dispersed in the many Great Volumns of the LAW of what words are Actionable and what not And of a Conspiracy and a Libel BEING A Treatise of very great use and consequence to all men especially in these times wherein Actions for Slander are more common then in times past With an exact Table annexed for the ready finding out any thing therein By W. Sheppard Esq. LONDON Printed for Ch. Adams J. Starkey T. Basset and are to be sold at their Shops at the Talbot in Fleetstreet the Mitre neer Temple-Bar and in St. Dunstans Church-yard in Fleetstreet 1662. TO THE Right Honourable the Lord Chief Justice of the Court of the Kings Bench The Lord Chief Justice of the Court of the COMMON PLEAS The Lord Chief Baron of the Court of the EXCHEQVER And the rest of the Reverend Judges of the same COVRTS Honourable Lords and Reverend Sages of the LAW TO whom should I present this Peece but to Your Selves And of whom should I begge the Patronage thereof but of Your Selves The Work being about the LAW and nothing else but the Grave and Learned Judgements Resolutions and Opinions of Your Eminent and learned Predecessors By which they being dead yet speak And though it must bee confessed that neither the Authour nor the Work have any thing in them to merit Your Approbation yet Your Goodness and condiscention will be the more eminent and singular in affording both him and it Your Countenance and Protection and lay greater Obligations upon Your Lordships most humble Servant W. SHEPPARD To the READER Judicious Reader IT is not improbable but we are faln into the last age of the World foretold by our blessed Saviour Wherein the love of many shal wax cold and Iniquity shall abound And among the abounding Iniquity of this Age the iniquity of the Tongue that little Member set on fire by Hell is not the least And among the evils of the Tongue is there any more pernicious and deadly and yet more common and epidemical then Backbiting and Slander May wee not now say with the Prophet Jer. 6. That men walk with Slanders And with the Royal Psalmist Psal 50. Thou sittest and speakest against thy Brother and Slanderest thine own Mothers Son It is true that in former times wee finde Actions of the Case for Slanderous words very rarely brought which speaks thus much that such words were then very rarely spoken But in these daies they are become almost as natural to men as their language and discourse and therefore the disease so deeply rooted and over-spreading calls for the application of the Remedy which our Law doth abundantly furnish us withall And hence it is I have been encouraged to ingage in this work which is nothing else but a naked and Methodical Collection of the remedies prescribed by the Law against this Malady And herein for brevity sake you may finde in some Rules in the first and in some especially in some of the last Examples answering to those Rules in the last Chapter of the Book an Epitome of the whole work Wherein we have thought it best to name amongst others of more Authority some of the Cases in the Books of uncertain Authors lately published and leave the same to the Judgement of the Reader You may perhaps finde herein some seeming Impertinencies Superfluities Contradictions and vain Repetitions the which upon mature Deliberation will bee found otherwise And there will bee doubtless by reason of the shortness of time and haste of the Press many Erratas of mine and the Printers escaped But this notwithstanding I doubt not but it may bee found very usefull to the ends I have proposed to my self therein viz. For Lawyers to lead them to the Cases that they shall have occasion to look after therein For others to teach them to set a watch before the door of their Lips And if now you will but cover the Defects of the work and accept of the pains of the Author this is all that is desired by your Friend a lover of his Country and well wisher to the Laws thereof W. SHEPPARD THE CONTENTS OF THE Chapters contained in this BOOK Chapters Pages 1 OF an Action of the Case in general 1 2 Some general things of Actions of the Case for Words 3 3 Of the Slander of a Title to Land 14 4 Of the Scandalum Magnatum 16 5 Of Actions for Slanders of all kinds 19 6 Of words of Slander about matter of Treason 32 7 Of words of Slander about matter of Murder 35 8 Of words of Slander about matter of Witchcraft 40 9 Of words of Slander about Rape Sodomy Buggery and house-burning 42 10 Of words of Slander about matter of Theft 43 11 Of words of Slander that may bring a man in danger of other corporal punishment besides death Of Petit Larceny 60 12 Of Perjury 61 13 Of Forgery 66 14 Of words of Slander about matter of Incontinency 68 15 Of other words importing some charge of transgression of a Penal Law 71 16 Of words Spiritual Passionate and Vain for which no Action is given 74 17 Of other words that have another import in them 75 18 Of words that hinder ones Preferment 77 19 Of words importing a charge of Deceit and Couzening 79 20 Of scandalous words that relate to men in their Offices Professions and places of Trust 82 21 Of scandalous words that relate to men in their Trade and VVay of Living 94 22 Of an Action of the Case for a Conspiracy 100 23 Of Pleadings in Actions of the Case for VVords 106 24 Of a Libel 115 25 Some Cases for the illustration and confirmation of all that is before laid down in the whole work 117 Advertisement THere is in the Press an Exact Collection of Approved Forms of Judicial Writs fitted for the use of all Practicers in the Court of Common-Pleas Collected by a very able hand And to be sold by C. Adams I. Starkey and T. Bassett at their Shops in Fleetstreet ACTION OF THE CASE CHAP. I. Of an Action of the Case in general Action of the Case AN Action of the Case is a Writ brought against one What it is Sect. 1. for an offence done without force as for not kéeping promise for breaking Trust for slanderous words or the like Misdemeanour And is called an Action of the Case because the whole Cause or Case so much as is in the Declaration save only the time and place is set down in the Writ And there is no other Action given in the Case save only in some few Cases where the Plaintiff hath his choice to bring this or some other Action This Action is sometimes about Defamations or Slanders and this may How many kinds of it there be be by words spoken Or it may be by a déed done By words spoken it is either for words spoken against the Title of a mans
King or of the said Grandées it is not lawful for him to relate to others that hée hath heard J. S. to say such false and horrible words for if it should by this means it may be published generally c. 3. It was resolved That if A. say to B. Did you not hear that C. is guilty of Treason c. this is tant-amount to a scandalous publication And in a private Action for Slander of a common person If J. S. publish that hee hath heard J. N. say that I. G. was a Trairor in an Action of the Case if the truth be so hée may justifie it But if J. S. publish generally without a certain Author that J. G. was a Traitor there an Action of the Case lieth against J. S. for that hée hath not given to the Plaintiff any cause of Action against any but against himself who published the words albeit hée might hear such a report for otherwise this might tend to the great Slander of an innocent it coming first from a mans mouth of no credit and being after in the mouths of persons of credit c. 4. It was resolved That the Iudgement in an Indictment upon the said Statutes when the words are spoken generally without Relation to a certain Author is that the Offender shall be fined and imprisoned Also the party grieved may have an Action de Scandalo Magnatum and recover his damages Coo. 12. 133. 134. CHAP. V. Of Actions for Slanders of all kinds Where it lyeth and what words will bear this Action or not IN all Cases where this Action of the Case for the Slander of a common person shall be maintainable as hath béen before touched there must be these things in the Case As to the manner contrivance and publication of the slander 1. The Slander must be published and contrived 2. It must be so published and contrived that there may be a certainty in it 1. As to the persons of the Slanderer and Slandered 2. As to the manner of the utterance of the words and charge of the Slander 3. And as to the thing wherein the Slander lies the which also must be such a thing as for which the Law doth give this Action And for the first of these as to the manner of Publication and Contrivance For the manner of contrivance of the slander Sect. 1. of the Slander take these things 1. If a Minister in a Certificate to his Ordinary wherein hée is bound to certifie other matter shall insert scandalous matter this is actionable Words in a certificate Reads Case M. 7. Jac. B. R. 2. A Libel may have and contain such matter in it as may give advantage to the party slandered by it to bring this Action and therefore to In a Libel write a Libel of Slander in Paper and affir it to the Church door men going to the Church is actionable 17. Ed. 4. 3. lib. 13. sect 4. 3. To write a Letter in private sealed wherein is matter of Slander is actionable And yet if the Writer shall deliver it to him who is slandered In a Letter in his own hands perhaps it may be otherwise Hobb Rep. 63. M. 9. Jac. B. R. In the Lord Lumley and Hoods Case It was agréed That where Ford in a Letter written by him had written It is reported the Lord Lumley seeketh my life and in truth it was not reported this is actionable Leonard 187. Bulstr 3. Rep. 225. 4. To speak the words in a mans ear and by him kéep counsel is actionable M. 9. Jac. B. R. Hob. Rep. pl. 63. Words uttered by a Counsellor in pleading 5. If a Counsellor give in evidence and enforce any thing in his Instructions for his Client against his Adversary or against the Testimony of a witness albeit it be false if it be pertinent to the Case in question which hée must look to this is not actionable But if it be not pertinent to the issue or matter in question it will be his wisdome to forbear it for if not true or if true and not pertinent hée may be sued for it in this Action So if hée shall speak the words at another time and in another place Mich. 31. Jac. B. R. Brook Versus Mountague And if the slander be by this information of his Client the Client may be charged in this Action for a slander thus published Croo. 9. 90. And yet by Glin. ch Iust B. R. It was said That if a Counsellor speak scandalous words against one in the defence of his Clients Cause no Action will lye for this for hée doth but his duty and it shall bée intended to bée spoken according to his Clients Instructions Styles Rep. 462. 5. If the Slander be contrived by way of Iudictment Articles exhibited By way of Indictment to procure one to be bound to the Good Behaviour or otherwise in a course of Iustice it may be actionable But for this know That this Action will not lye for any thing that is said that may reflect upon another if it bée said or done in a way of Iustice without any malicious intent As where a Defendant in a Spiritual Court amongst exceptions put in against the Plaintiffs witnesses one of them is that such a one of them was perjured so if one bring another before a Iustice upon a suspition of Felony that is false And where one doth exhibit a scandalous Bill in a Court that hath Iurisdiction of the Things and they be false or a man in pleading say such a man was Bankerupt and so hée seized his goods under a Commission and the like So where a witness doth give in evidence Bankerupt only So for indicting a man for Felony where there is ground for it although it be false So for suing of a Writ of Forgery of a false déed Forgery so for to make a false Affidavit in Chancery by which a man is imprisoned So for to put a slanderous Complaint into the hand of a Member of Parliament no Action will lye for any of these things Noys Rep. 116. In Godb. Rep. pl. 333. Kelw. 26. Dyer 2. Coo. 4. 14. Pasch 3. Jac. B. R. Marsham Versus Pescod Croo. 1. part last publisht 230. 247. Dyer 285. But if a man shall so accuse a man in a Court that hath not jurisdiction Sect. 2. of the thing whereof the party is accused or insert other things amongst things wherein it hath jurisdiction or speak of other matters which do not â—n a Court of â—ustice concern himself but others with which hée hath nothing to do As when the Star-Chamber stood if one had charged another person a stranger with matter of slander Or had charged another there in a Bill of Piracy Murther or the like wherewith the Court had not Iurisdiction as Sir Richard Buckly was charged by a Bill in the Star-Chamber to be a maintainer of Pirates Théeves and Murtherers and a Procurer of Pirates
béen held to lye for this Thou art thrice perjured in thy Answer in Chancery to my Bill Innuendo such a Bill c. Croo. 1. last publisht 907. This generally is the Rule for these Actions of the Case for this kind of Sect ◠Slander That they must import a charge of a Perjury in some judicial Court and in an oath taken in the Court and in such a Court that hath Conusance of the cause wherein it is taken and judicially taken there in the cause and in a thing material and pertinent otherwise the perjury is not Innuendo punishable as perjury for every untruth in an answer or evidence is not punishable and therefore any charge of a Perjury in any case wherein it is not punishable is not Actionable nor will an Innuendo make a supply or alter the case where the words are defective as Innuendo a judicial Court c. Huttons Rep. 44. It is said it will not lye for this He hath forsworn himself at the Bar. Huttons Rep. 44. Nor for this Thou art forsworn in Collet Court not shewing what this Court is and in what Action it was Croo. 2. 190. Nor for this The Plaintiffe hath forsworn himself Innuendo before the Justices of Assize for the words not actionable the Innuendo cannot make them actionable Croo. 1. part last publisht 609. If one call another Whore and she Sue in the Spiritual Court for this defamation and the Defendant brings in witnesses to prove it and to disparage the witnesse she put in an exception into the Court That hee had been perjured this was admitted lawful Trin. 15. Jac. B. R. Westovers Case against Davenet If a Cause be depending between Plaintiffe and Defendant and the Defendant upon the reading of an Affidavit of the Plaintiffs made in Court said openly in the Court There is not a word true in the Affidavit which I will prove by forty Witnesses in this Case the Action will not lye for the words for it is in the defence of his title Pasche 15. Car. B. R. Mutton against Clapham nor for saying to one that hath newly given evidence against him in any Court Thou art much forsworn as God is true Goldsb and Brownl 7. March Rep. pl. 45. Molton against Clapham It is said that it will lye for this Thou art not so honest a man as thou For suborning and procuring of Perjury takest thy self for thou hast drawn I. S. into Perjury Croo. 1. part last publisht 899. 906. So for this He is a suborner of perjury Croo. 1. part last publisht 308. So for this Thou art a procurer of perjury 25. Eliz. B. R. So for this You have caused J. S. to perjure himself Brownl 1. part 2. and 2. 49. So for this Thou didst suborn procure and bring in false Witnesses in such a Court in Westminster c. Leonards Rep. 101. So for this Thou hast procured eight or ten of thy Neighbours to perjure themselves Mich. 4. Jac. B. R. Fenner and Muttons Case So for this Thou hast procured or suborned one Smith to come thirty miles to commit perjury before my Lord of Winchester and hast given him ten pound for that purpose Croo. 2. part 158. Croo. 1. part 244. And yet if the words had such an import that he did not take the Oath when he came it may be otherwise Croo. 2. part 158. So for this Thou hast given A. ten pound for forswearing himself in Chancery and thou hast hired him to forge a Deed. Croo. 2. part 244 245. Parson Prits Case in Suffolk was this in Master Foxes Book there is a relation of one Greenwood of Suffolk who is there reported to have perjured himself before the Bishop of Norwich in the giving of evidence against a Martyr and that after by Gods Iudgement upon him his bowels rotted away and all this was false And the Parson not knowing the truth of it preached against Perjury and cited this story of Gods Iudgement upon Greenwood who brought his Action for this slander but it was adjudged against him because it was not brought malitiose This Action for such like words as these about matter of Perjury is to be subject to the general Rules annexed to the rest of the Cases at the end of other chapters that the words are actionable without Averment of any special losse by them so as they be false malicious direct certain c. See for this Croo. 1. last publisht 169. CHAP. XIII Of Forgery FOrgery is also a great offence and the punishment thereof great by the Sect. 1. Statute of 5. Eliz. chap. 14. For the offender may for this be put in the Pillory have one of his ears cut off and be imprisoned for a year If any one therefore shall charge another with this Crime or any thing like unto it the party wronged by it may have his remedy by this Action It is therefore agréed that this Action will lye for saying of another Of a Deed. Thou hast forged a Deed. Owens Rep. 47. That he hath forged a Lease Obligation Release Acquittance Feoffment or other Deed. Croo. 1. part last publisht 554. 607. Owens Rep. 47. So for this Thou art a forger of false Deeds So for this Thou art a forger of false Writings So for this Thou art a forger of Writings Dyer 285. Pasche 39. Eliz. B. R. Wades Case 39. Eliz. B. R. Goodalls Case Croo. 1. last publisht 553. But it will not lye for saying One is a forging Knave Goldsb 25. pl. 5. Nor for this Thou art a Knave of Record and a forging Knave Popham Rep. 177. But it will lye for this A. hath procured such a Deed Innuendo Adjective words such a Déed given in evidence to be forged So for this Hee falsly procured such a deed to bee forged Hetleys Rep. 31. So for this This is a forged deed and you know it to be forged So for this You made this deed under a hedge and forged it Owens Rep. 47. So for this Thou hast forged the will of J. S. Pasche 7. Car. 1. B. R Mackenists Case So by one Iudge for this thou hast forged my Fathers will Popham 177. But in Winch. Rep. 40. It is said to be adjudged not to lye for this Mallard is a Knave and forged my Husbands will against his mind 10. Jac. for then it was not her Husbands will if it were forged So for this The deed which Sir George Reynel shewed forth to Sir John Tindal was forged and made under a hedge Bulstr 2. part 132. 133. So for this Thou hast hired A. to forge a Deed or to forge a Bond. Croo. 1. part 244. 245. So for this Hee hath forged an Obligation and I will prove it Croo. 1. last publisht 603. This Action it is said will lye for this Thou hast forged my Fathers hand whereby thou hast received my Rent Bulstr 3. 265. But this Action will not lye for words thus uttered I have matter
not lye for this Thou art a common Barretor and I will Indict thee for it at the next Sessions Hobb Rep. pl. 188. Knave Nor will it lye for calling of one that is an ordinary person Knave or false Knave or cozening Knave or cheating Knave or crafty Knave or the like will not bear Action But to call one Bankerupt-knave Traytor-knave or Perjuted knave or the like Huttons Rep. 13 14. Bulstr 2. part 218. Stiles Rep. 17. Finches Law 186. Nor will it lye for this Thou art a Villainous Knave nor for this Thou art an arrant Knave Croo. 1. last publisht 403. Finches Law 186. And yet it hath béen adjudged to lye for this Thou art a Pillory-Knave Remember Brown thou shouldest have been set on the Pillory Croo. 1. last publisht 11. Brown and Dawks and 26. Griffiths Case Co. B. But in B. R. the Court séemed to bée of another opinion Croo. 1. part last publisht 31. To have called a man Villain when villenage was in force would not Villain have born Action unless hée had said Villain to such a man or Regardant to such a Mannor Finches Law 186. It is said this Action will lye for this You are a branded Rogue and Rogue have held up your hand at the bar and deserve to bee hanged and shall bee hanged Stiles Rep. 49. 50. Bulstr 1. part 138. Popham Rep. 177. So for this Thou Sirrah art a Rogue and a runaway Rogue and didst run away from Oxford and art a Rogue upon Record at Oxford Branded Rogue For these last words only Stiles Rep. 220. But it is said that this Action will not lye for this alone Thou art a Vagabond Rogue Rogue Coo. 4. 15. Kitch 173. Nor as some have held for this Thou art a branded Rogue M. 9. Jac. B. R. Harrisons Case Nor will it lye for calling a man Vagabond and a Rogue Croo. 1. last publisht 843. 157. Finches Law 186. This Action will not lye for all these words spoken together Thou art Villain Rogue Couzener Blood-sucker Vermine False Brother Liar Conspirator Railer Sower of Discord Malefactor Miscreant Hypocrite a Villain Rogue Couzener Villainous Knave and Blood-sucker Varlet Rascal Vermine of the Earth false Brother Lyar Conspirator Railor Sower of Discord Malefactor Miscreant Hypocrite And therefore a Fortiori the Action will not lye for the speaking of any one or of some of these words Popham Rep. 177. Bulstr 1. part 138. Coo. 10. 131. Croo. 1. 352. Jenk Cent. 7. Case 70. Kitch 173. Croo. 2. 473. Huttons Rep. 13. 14. And yet some of these words spoken of an eminent person as a Péer of the Realm may be actionable Leonards Rep. 335. Nor will it lye for this to say Thou art of ill Name For the Law looks upon these but as hasty passionate and foolish words not worthy of Action But here it is to be observed that for many of the words not actionable they do notwithstanding import crimes subject to severe punishments viz. Imprisonment Pillory Fine to be bound to the good behaviour and the like And therefore it is granted that some of these words when spoken to eminent persons or to ordinary men in Office or Trade with reference to their Offices and Trades or to any man whatsoever that is specially damnified by them they may be actionable Coo. 4. 15. 17. 20. Mich. 19. Jac. B. R. Harrisons Case March Rep. 114 115. Brownl 1. part 9. 10. 12. Leonards Rep. 335. And now that wée are fallen upon some words spiritual whereof our Common Law taketh no notice to punish and upon light passionate and vain words not actionable wée will give you the residue thereof in this place CHAP. XVI Of words Spiritual Passionate and Vain for which no Action is given THere are some other words that have an import in them of Infamy Sect. 1. and discredit but are said to be of a spiritual nature and not under the Conusance of the Common but of the Civil Law And there are other words that are said to be only passionate vain and empty words for either of which the Law gives no Action It is held therefore that to call one Bastard Whore Whoremaster Spiritual Slanders Advowterer Fornicator and the like these Slanders if any be in them are méerly spiritual and are properly examinable and determinable in the Ecclesiastical Court And therefore the Common Law doth not intermeddle with them but in Cases where they are intermingled with some temporal damage occasioned by them to any man in which Cases the Law Averment doth give him repair for his damage only by this Action And therefore the Plaintiff in such Actions is alwaies to make in his Suit brought a special Averment of his damage Otherwise the Temporal Courts have no Conusance of the Cause For this see chap. 14 And therefore no Action will lye in any of our Temporal Courts for any charge of Incontinency as a Defamation only for calling of one Whoremaster or Whore for saying that one was naught with another that hee or shee hath had children by another man or by another mans wife or the like But for this hée is to have his remedy in the Spiritual Court So if one man call another Heretick Schismatick Bastard Miscreant Heretick Schismatick Miscreant Advowterer Fornicator or the like no Action will lye for this simply in any of our Temporal Courts except the Case be such that there be withall some special damage a cerewed thereby to the party of whom the words are spoken It hath béen therefore adjudged that this Action will not lye for saying that hee had two Bastards and should have kept them and that by reason thereof discord did arise betwéen him and his wife and they were like to have béen divorced Croo. 2. 473. And 27. H. 8. 14. 17. Coo. 4. 16. 17. 20. Croo. 2. 163. 473. Bulstr 2. 89. 12. H. 7. 22. Noys Rep. 85. Croo. 1. 107. 186. Goldsb 36. Hobb Rep. 376. 397. Coo. 5. 57. See chap. 3. chap. 14. The words that follow are light and trivial or hasty and passionate words And therefore as wée have shewed before they give no Action as for any of these words Villain Rogue Knave Bastard Varlet Cheater Couzener Railer Liar Miscreant Vermine Hypocrite and the like except it be in case where some special damage comes thereby to the party of whom the words are spoken And it must be a real and considerable damage also for an imagination or suspition of damage only will not serve Croo. 2. 473. And these following words are looked upon as trivial words for which no Vermine False Brother Rogue Action◠is given viz. Thou art a Vermine of the Earth a false Brother 25. Eliz. B. R. Thou art a Rogue and I will prove thee so Goldsb 2. part 272. I never held up my hand at the Bar as thou hast done Goldsb 2. part 272. Thou deservest to be hanged Hobb pl. 185. Yelverton Thou
danger of this Action But if when hée shall so do hée knows there was no Robbery done it is dangerous Goldsb and Brownl 9. 11 The Iudictment must be preferred before the Iudge that hath power to take it or else no Action will lye for it Croo. 1. part last publisht 125. But upon all this there may séem to arise a Question If in any Case where the party prosecuted is guilty of the offence for which hée is prosecuted be there never so much of malice in it Whether for this this Action may lye or not against the Prosecutor If the offence about which the Prosecution is be Treason or Felony it should séem no malice shall be said to be in this to make the Prosecutor liable to Action if the party be guilty of the offence But if the offence be only Barretry or some small matter and the party be guilty there may haply be so much of malice in the Prosecution as to make him liable to this Action Yet see Bulstr 3. part 331. Just Crooks opinion otherwise in this Bulstr 1. 185. In all Cases where the practise or procurement being by two or more Where and in what case the general Action of the Case in the nature of a Writ of Conspiracy will lye against one man Or not And how Sect. 4. will give cause or ground for a Writ of Conspiracy there if the same thing be done by one alone a general Action of the Case in the nature of a Writ of Conspiracy will lye for it so that if one man only do falsly and maliciously cause another to be indicted for Felony Barretry or the like who is thereupon acquitted as Action of the Case in the nature of a Writ of Conspiracy lieth for it Hobb Rep. pl. 11. 350. March 130. Pasche 7. Jac. B. R. Marsham versus Pescod 41. 42. Eliz Co. B. Sheringtons Case Croo. 2. 193. 32. Bulstr 3. part 331. Croo. 1. part 123. Croo. 1. part last publisht 563. And for the opening hereof these things are to be known That in all Cases where this general Action of the Case against one man shall be maintainable there must be these things in the Case 1 There must be somewhat done and acted for the Action will not lye upon a plot or purpose only And yet it is not néedful in this Case that there be so much done as there must be in the Writ of Conspiracy For in this case if one do but procure another to be arrested brought before Iustices examined or imprisoned for a Felony and hée be never indicted for the Felony it séems that for this only without more this Action will lye in this Case Coo. 9. 56. 57. Coo. 4. 14. 15. F. N. B. 114. 116. 2 It must be false and malicious For if the thing be true for which the Prosecution is and there were probabilis causa for what was done no Action will lye for this And therefore it is held That no Action will lye for prosecuting another in a legal way and course of Iustice as for giving of evidence in any Court against an offender or for petitioning of a Iudge to have the Good Behaviour or the like Bulstr 2. part 269. Croo. 2. 193. And so as it is in the Cases before of a Conspiracy it is in most things in this Action also 3 In this Case the Plaintiff hath not néed to set forth in his Writ that hée was legittimo modo acquietatus as hée must in the Writ of Conspiracy Pasche 3. Jac. B. R. Marshams Case Nor is it necessary in this Case that the Prosecution be to an Acquital by verdict For if the party do only charge him with a crime and cause him to be arrested upon it and go no further hée may have this Action for the doing of so much and no more Coo. 9. 55. Croo. 1. 223. And yet see Godb. 76. Croo. 1. 173. Hughes page 52. Where it is said that this Action will not lye no more than the Writ of Conspiracy unlesse hée shew in his Declaration that hée was upon a Trial legittimo modo acquietatus But the contrary hereof séems to be the Law herein Croo. 1. 197. 201. Coo. 9. 55. And in 3. Jac. B. R. Markam and Pescods Case It is said to be agréed that a Writ of Conspiracy will not lye but where the Plaintiff is legittimo modo acquietatus And yet that if one prosecute another to Indictment and Imprisonment falso malitiose and go no further that for this the party prosecuted may have this Action both for the Slander and vexation both for hee is legittimo modo acquietatus by the not prosecution Goldsb 51. Hughes Rep. 54. Croo. 1. 223. 4 But in this Case there need not bee as there must bee in the Writ of Conspirary two or more in the Conspiracy for this general Action of the Case in the nature of a Conspiracy will lye against one only Godb. Rep. 76. Croo. 1. 173. 5 It may out of this appear to bee a safer way in these Cases for a man that hath suffered such an injury rather to bring the general Action of the Case than the Writ of Conspiracy for his releif herein It will be a good Plea in Barre of this Action to Plead an accord with Execution betwéen the parties 21. H. 6. 28. What shall bee said a good plea in Barr◠in this Action Sect. 5. So to shew that the Iudictment upon which the acquittal was was erronious notwithstanding that the party indicted did not take advantage of it Croo. 9. 26. 9. Ed. 4. 12. Bridgmans Rep. 132. Dyer 286. 34. H. 6. 9. So to say that there is no such Record as the Plaintiff doth set forth 9 H. 6 26. Croo. 2. 32. So to shew any of the things before set down that it was done by compulsion in pursuance of their oath as Iudges Iurors and the like 20. H. 6. 5. Croo. 1. part last publisht 724. 725. So that one hath had his goods stoln and found them in the Plaintiffs possession and that hee had other causes to suspect him complained to a Iustice who bound over the Plaintiff to appear and the Defendant to prosecute Bulstr 2. part 284. 285. Croo. 2. 193. And if the Defendant hath any of these or such like thing in his Case Caution to a Defendant it will bee his wisdome to plead it specially and not to plead not guilty Leonards Rep. 107. But it is no good plea to say that the Plaintiff was guilty of the Felony whereof hee was so acquitted or that one of the Defendants is dead since the Writ brought or that the Record on which the Action is grounded is that the Plaintiff and divers others besides him were indicted therein 18. Ed. 4. 1. 9. Ed. 4. 23. Case 1. 1 One brought an Action in the nature of a Conspiracy against another Some Cases for illustration and confirmation of the things before laid down about a Conspiracy
to be competent to give an Oath without a Commission Yelvertons Rep. 72. Case 40. Heak and Molton Trin. 4. Jac. B. R. An Action was brought for this Common Barreter Thou art a common Barreter and deservest to bee hanged and by the Court it was agréed that the words were not actionable for the offence is Breaker of the Peace and Forests Rogue Hunter of Deer only finable and to be bound to the good behaviour As to say that a man hath broken the Peace or is a common Rogue or a common hunter of Deer or a common breaker of Forests is not actionable So to say I. S. would have killed me But to say He did lye in wait to kill me is actionable So He prepared Poyson to kill I. S. but for this Intent of Murder Indeavour of Murder General and incertain word He deserveth to be hanged these are too general and incertaine to ground an Action upon and thereby Fenner Iustice it was said to be adjudged to lye for this Thou art as very a thief as any in Warwick Gaol with an averment that there is such a thief in particular Yelvertons Rep. 99. Case 41. Action for these words Master Toplife hath forged and counterfeited Charge of Forgery a Certificate to a Commission out of the Exchequer and hath forged and counterfeited Mr. Birckets and Mr. Savells hands the Commissioners and hath put their hands to it by reason whereof he got a Verdict in the Exchequer whereas otherwise he must needs have had the foyl Vpon not guilty it was found for the Plaintiff damages ten pounds And it was alledged in Arrest of Iudgement that the Action doth not lye because it was not shewn what Commission it was nor in what Suit so as the Defendant might give answer to it but Iudgement was given for the Plaintiff Croo. 1 part last publisht fol. 72. Case 42. Action for words that the Plaintiff being a Minister the Defendant Slander Spiritual of of a Minister said of him That he had two Wives to cause him to be deprived upon not guilty it was found for the Plaintiff Cook moved in an arrest of Iudgement that the words were not actionable Incontinency for it is a spiritual fault as to call one Heretick c. but it was answered that for as much as the Plaintiff was a Minister this is a defamation Heretick and cause of depravation if true yet Iudgement was given against the Plaintiff Croo. 1. part last publisht fol. 94. Case 43. Action for these words Thou art a Couzening Knave thou hast couzened Couzening Knave mee of twenty pound at such a place and such a man of twenty pound and there is never a George in England but hee is a couzening fellow upon not guilty it was found for the Plaintiff and it was ruled Words general and incertain that the Action lyeth not for Wray said they are too general to bear an Action and a man is to suffer no plague or losse for those words if they were true and one Egletons Case was cited to be adjudged Thou art a couzening Coroner for thou hast couzened J. S. of his Lands no Action lyeth and Wray said that in a Writ of Errour betwéen Warker and Middlemore which doth depend in the Exchequer-Chamber Action for these words Thou art a Couzener for thou hadst mee to Coventry and didst couzen mee of eighty pounds Iudgement was given for the Plaintiff in the Quéens Bench but it was never moved in that Court for if it had they would not have given Iudgement Nota. Trin. 30. That Iudgement was reversed in the Exchequer-Chamber Croo. 1. part last publisht fol. 95. Case 44. Action upon the Case And declares that the Defendant was a Iustice of Charge of stealing of a horse Peace in the County of N. and whereas the Plaintiff was a Loyal Subject c. the Defendant maliciously intending to deprive him of his good name and fame did direct his Warrant and shews it in certainty c. to divers Constables to attatch him alledging hee was accused of the stealing Slander by Deeds of the Horse of A. B. by reason whereof hée was arrested till hée put in bond to appear c. ubi re vera hée was never accused nor did steal the horse the Defendant did know him to be guiltlesse by reason whereof hée was greatly discredited upon non culp pleaded it was found for the Plaintiff and it was held by Clench and Gawdy the Action was maintainable if a man be accused to a Iustice of Peace for an offence for which he causeth him to be arrested by his Warrant although the accusation be false yet hee is accusable but if the party be never accused but the Iustice of his malice and own head cause him to be arrested it is otherwise and they commanded Iudgement to be given for the Plaintiff 14. H. 8. Croo. 1. part last publisht fol. 130. Case 45. Action for words for calling him a rebellious and traiterous Knave after verdict for the Plaintiff it was moved in arrest of Iudgement that the Charge of Treason Action did not lye for rebellious may be upon a Proclamation of Rebellion out of Chancery or other Courts and when traiterous and rebellious are coupled together they are of the same sense Curia for the words rebellious Knave Action lieth not but traiterous being joyned with it Action lieth and the Plaintiff had Iudgement Croo. 1. part last publisht 171. Case 46. Action for these words Tibbot and one Gough agreed to have hired a Charge of an agreement to kill a man man to kill mee and that Gough should shew mee to the hired man to kill mee and upon not guilty it was found for the Plaintiff it was moved in Arrest of Iudgement that an Action lieth for these words and so held Gawdy for it is not alledged that any Act was done by the Plaintiff nor any thing put in re by him but only a Communication betwéen him and G. but otherwise it is if the words had béen Hee hath hired a man to kill mee Fenner contra for it is an ill part for which hee might be bound to his good Behaviour Wray was absent but afterward Wray being present hée agréed with Fenner and Iudgement was given for the Plaintiff against the opinion of Gawdy Croo. 1. part last publisht fol. 191. Case 47. Action for these words Thou wert laid of the French-Pox adjudged Pox. actionable and Fenner said it was adjudged in this Court that for these words Thou wert laid of the Pox Action did lye for it cannot bee intended but of the French-Pox Croo. 1. part last publisht fol. 214. Case 48. Action for these words Thou art a mutinous and seditious man and didst Charge of Sedition Adjective words procure the Queens Subjects to sedition Gawdy the words are not actionable for it is not said hée moved them to sedition against the Quéen and to this
words for calling of him Bastard And the cause of the Errour was laid to be that the Action lies not for these words without special cause shewn that hée was damnified by them as that hée was inheritable to some Lands and by reason thereof he Hindrance of preferment is to have losse And here it is shewn that such Land was given in tail to his Grandfather and that his Father had divers Sons whereof the Plaintiff is youngest Son and his Elder Brothers are living and that such a one was to buy the Land and offered him so much for his Title And by reason of those words refused to give him any thing In this case it was For saying of one Hee is a Bastard agréed that albeit hée had no present Title but a possibility and being offered mony for it and having lost this gain by the words and in futuro might receive prejudice in case hee were to claim any Land by descent And for these causes they held the words actionable and did affirm the Iudgement Croo. 2. 213. Case 132. An Action of the Case was brought for speaking of these words viz. J. S. For saying Thou hast had Bastards 34. years since had two Bastards and hath paid for the nursing of them and the Plaintiff shewed that by reason of these words contention grew betwirt him and his wife almost to a divorce and it was adjudged that an Action would not lye for the words and the Chief Iustice said that an Action upon the Case doth not lye for every ill word but for words by speaking of which the Plaintiff is damnified and that cannot be in this Case the time being so long past And the causes wherefore a man shall be punished for saying that a man hath a Bastard are two the one because by the Statute of 14. Elz. The offender is to be punished for the same And secondly because the party by such means is discredited or hindered in his preferment Godbolt Rep. Case 385. Pasche 16. Jac. B. R. Case 133. Sir Gilbert Gerrard brought an Action against Mary Dickinson and Slander of a Title declared that hée was seized of the Land in Fée and was in treaty to make a Lease of it for two and twenty years at a hundred pound a year Rent to R. Egerton and that the Defendant knowing of it said I have a Lease of the Mannor and Castle of H. which was the same Land for ninety years and published it c. by reason whereof R. Egerton did not procéed In this Case it was agréed that no Action would lye for the words although they were false because the Defendant did pretend an interest in the Land So if the Defendant had said that the Plaintiff had no right to the Land but that shee her self had right to it no Action would lye for this Coo. 4. 18. Case 134. An Action upon the Case was brought for these words viz. Thou art a For saying Thou art a Couzener and Bankerupt Couzener and Bankerupt and hast an occupation to deceive men by the words were spoken of a Gentleman who had a hundred pound Land per annum to live upon and therefore although hée used to buy and sell Iron yet because hée was not a Merchant nor did live by his Trade the better opinion of the Court was that the words were not actionable and so adjudged Godb. Rep. Case 45. Hill 28. Eliz. B. R. Case 135. Pasche 15. Car. 1. Smiths Case One said Thou art forsworn and hast Charge of Perjury taken a false Oath at Hereford Assizes against J. S. And the opinion of the Court was against the Action But it was said it would have lyen for this Thou art forsworn and hast taken a false Oath at the Assizes against J. S. with an Averment that hée was sworn in the cause March Rep. pl. 17. Smiths Case Pasche 15. Car. 1. Case 136. Easter 15. Car. 1. Molton versus Clapham The Defendant upon reading Perjury Affidavids in Court openly in the presence and hearing of the Iustices and Lawyers said There is not a word true in the Affidavids which I will prove by forty witnesses March Rep. pl. 45. Molton versus Clapham Easter 15. Car. 1. Case 137. Mich. 15. Car. 1. Johnson versus Dyer The Case was this The Defendant Incertain charge of Felony having spéech with the Father of the Plaintiff said to him I will take my Oath that your Son stole my Hens But did not averr that hée was his Son or that hee had but one Son and it was held not good March Rep. pl. 96. Mich. 15. Car. 1. Case 138. Mich. 15. Car. 1. Just Crooks Case It was agreed That if one had preferred Manner of divulging of a Slander a Bill in the Starr-Chamber against a Iudge for Corruption in his office and then shall go unto a Tavern or other place and tell the effect of it that this is actionable March Rep. pl. 119. Case 139. Pasche 17. Car. 1. B. R. Sir Richard Greenfields Case The Action agreed Charge of couzening to be maintainable for this Thou hast received mony of the King to buy new Saddles and hast couzened the King and bought old Saddles for the Troopers for hee may thereby lose his office or imployment So if hee had said these words of the Kings Sadler March Rep. pl. 135. Case 140. Trin. 17. Car. 1. Co. B. Action was brought for this Thou hast killed my Charge of Murder Lack of Averment Brother Innuendo C. c. fratrem nuper mortuum and it was held by the whole Court not actionable without averment that hee was dead and that the Innuendo will not do it March Rep. pl. 187. See Hobb Rep. pl. 11. Case 141. Trin. 17. Car. 1. Hawes Case The Action was brought for these words Charge of speaking against the book of Common-Prayer Averment Necessary My couzen Hawes hath spoken against the Book of Common-Prayer and said it is not fit to be read in the Church with an averment of a special losse by it that hée was called into the Spiritual Court and the Plaintiff had Iudgement in it March Rep. pl. 191. Case 142. Mich. 17. Car. 1. Co. B. Baine sued for these words That hee kept a Charge of cheating and couzening Averment false Bushel whereby hee did cheat and couzen the poor But hée set forth that hée was a Farmer did use to sow Land and sell the Corn and thereby maintained himself and his Family and that the words were spoken to one that did use to buy of him and that by reason of the words hée lost his custome And it was adjudged actionable March Rep. pl. 192. Case 143. Mich. 17. Car. 1. Co. B. A. sued for these words That hee kept false Couzening weights and hée set forth that hée got his living by buying and selling but did not shew of what Trade or Profession he was and agréed that the Action
is shewn that such Land was given to his Grandfather and that his Father had divers Sons Slander of a Title whereof the plaintiff is the youngest and his elder Brothers are living And that such a one was to buy the Land and offered him such a summe of money for his title and by reason of those words refused to give him any thing So it appears by his own shewing that he hath not any present title and therefore no cause of Action at all But the two chief Iustices conceived that although he hath not any present Title it appears hee is by a possibility inheritable to those Lands and being offered a summe of mony for that possibility to joyn in the assurance although he hath not any present title to the Land yet by reason of those words hee had a present damage and in future might receive prejudice thereby in case hee were to claime any Land by discent And for these causes they held that the words were actionable and the judgement was affirmed Croo. 2. 213. Case 229. 2 Car. B. R. Reynor vers Hallet The Action was brought for these words viz. Reynor is a base Gentleman and hath four Children by his servant Agnes and he hath killed them all or caused them to bee killed And after a verdict for the Plaintiff and amotion for to arrest the judgement judgement was given for the Plaintiff and there it was said to be adjudged not to lye for these words Agnes Knight is a Witch and Witch by Dodridge these words Hee hath four Children by his servant Agnes alone are not actionable but Whitlock contra And by Iustice Jones it Incontinency For saying one is a Bastard lyeth not for saying One is a Bastard and by him it lyeth not for saying Thou hast killed I. S. where in truth there never was any such man But to say Thou hast killed the King Contra. Case 230. Mich. 40 Eliz. In an Action of the Case for calling one Bastard Dyer and Walsh Iustices said an Action would lye but Brown on the contrary For calling one Bastard because it must be tried in the Spiritual Court And Dyer said that at Barwick Assizes a Formedon in Dicender was brought and one said That his Father by whom he claimed was a Bastard and thereupon he brought an Action against him for those words and recovered Case 231. The Clerk said That he had a Son in Nottinghamshire and that he Charge of Theft Incertainty Averment had his Chest picked and a hundred pound taken out of it in one Lock-smiths house and I thank God I have found the Chief who it is it is one that dwelleth in the next house called Robert Kingston whereupon Kingston brought this Action without averment that he did live in the next house and had a verdict for him and it was held not good for lack of this averment Pasche 7. Jac. B. R. Case 232. Action for these words There was never a Robbery committed within Charge of Robbery forty miles of Wellingborough but thou hadst thy part in it after verdict it was moved in arrest of judgement that the Action did not lye because it was not averred there was any Robbery committed within forty Averment miles c. for otherwise it is no slander sicopinio cur and judgement for the Defendant Mich. 36 37 Eliz. B. R. placito 12. Croo. 1. last published 308. 11. Case 233. Action for these words You have sought to murder me and I can Charge of an endeavour to Murder prove it adjudged that it lay Croo. 308. 1. last published 12. Case 234. Action for words That he being a Counsellor at Law and Steward to Slander of a Lawyer I. S. of his Mannours the Defendant said of him Hee is a paultry Lawyer and hath as much Law as a Jack-a-napes upon not guilty pleaded it was found against him and damages twenty pound And it was moved and the Action lyeth not for it is not said hee had no more Law than a Iack-a-napes but it was adjudged for the Plaintiff for the words are scandalous and touch him in his profession Croo. 1. last publisht 342. 9. Case 235. Action for these words Thou art a forsworn Jack in the Court-Baron Charge of Perjury of D. thou hast sworn me out of twenty shillings rent and hast me on thy side adjudged that the Action lay and the Plaintiff recovered Croo. 1. last publisht 342. 10. Case 236. Action for these words There was never a Purse cut within twenty Charge of Theft Cut purse miles of VVellingborough but thou hadst thy part in it and avers that such a Purse was cut c. and he had no part in it And it was moved that an Action lyeth not for it is not said he had a part of it as a partaker in the Felony for he may have a part in it in the losse and so it is no slander but it was adjudged for the Plaintiff for the words shall be taken to be spoken in the worst sense in disgrace and reproach of the Plaintiff Nota Serjeant Yelverton cited a Case Pasche 32 Eliz. Sir Edward Hastings Endeavour brought an Action for these words You have procured a perjured man to seek my bloud and ruled that an Action did not lye But Fenner said the Case was not adjudged but ended by his Arbitrement Vide Mich. 35. 36. Eliz. Antea B. R. placite 11. Croo. 1. last publisht 342. 11. Case 237. Action for words for that the Defendant said to I. B. Son of the Plaintiff in the presence of divers Thou praefat J. B. Innuendo and thy Charge of Perjury Father Innuendo the Plaintiff were both Perjured and I Innuendo the Defendant will prove you both perjured Vpon not guilty it was found for the Plaintiff damages twenty pound And it was moved in arrest of judgement that it was not averred that I. B. was the Son of the Plaintiff but it was held well enough for that it was alledged that the Averment words were spoken to I. B. his Son and it was adjudged for the Plaintiff Croo. 1. last publisht 143. 11. Case 238. Action for these words Many an honester man hath been hanged and Charge of Felony Indirectly a Robbery hath béen committed and I think he was at it and I think he is a Horse-stealer it was moved after verdict that an Action lyeth not without an expresse averment he was so Curia contra they are great Averment slander if the Defendant sheweth not a good cause of his thinking and it was adjudged for the Plaintiff Croo. 1. last publisht 148. 20. Case 239 Action upon the Case was brought for these words Thou art forsworn and I will make thee flowre the Pillory or else it shall cost me a hundred Charge of Perjury pound Et per totam curiam an Action lyes not for Anderson said There is a great difference betwirt the words
forsworn and perjured for forsworn is where he swears against the truth in ordinary discourse but Perjurum est quando jus alterius pervertitur which is to bee intended in judicial procéeding and this difference hath béen allowed of quod curia concessit but to say hee was forsworn in such a Court or betwixt such Parties an Action lies wherefore it was adjudged for the Defendant Croo. 1. part last publisht 394. 20. Case 240. Action for these words One told me that he heard one say that Mistris Charge of poysoning husband by Report Meggs had poysoned her Husband Ubi re vera nullus dixit c. and upon not guilty pleaded it was found for the Plaintiff and now alledged in Arrest of Iudgement that an Action lyes not for these words for it is but a report of an hear-say which cannot be any discredit but notwithstanding it was adjudged for the Plaintiff for it is a great defamation and is a cause of drawing her name and life in examination wherefore c. Croo. 1. part last publisht 400. 7. Case 241. Action for these words Thy Father Innuendo the Plaintiff hath Charge of theft stoln six sheep The Defendant justifies and issue taken thereupon and found for the Plaintiff and it was alledged in arrest of Iudgement that the Declaration was not certain nor sufficient to shew that hée spake those words of the Plaintiff for it is not averred that hée spake them to the Plaintiffs Averment Son nor that the Plaintiffs Son was there present and then it cannot be intended of the Plaintiff and the Innuendo will not help this incertainty Pleading And although the Defendant hath admitted it by his Plea yet that never shall help a Declaration which is defective in substance but if Innuendo it were defective in form only as by leaving out the place where a thing was done or by pleading a collateral plea that may be made good as 18. Ed. 4. 16. and 6. Ed. 4. 2. And of that opinion were all the Iustices besides Declaration Gawdy that the Declaration was not good for it cannot be intended to be spoken of the Plaintiff more than of any other person unlesse it had béen averred that his Son was there present And although the Defendant by his plea confesseth that hée intended them of the Plaintiff yet that shall not help the Declaration which is insufficient But Gawdy e contra because it shall be intended that the Plaintiffs Son was there for otherwise hée could not have said thy Father But notwithstanding it was adjudged for the Defendant Croo. 1. last publisht 416. 11. Case 242. Action upon the Case whereas hée was seized of the Mannor of Upton Slander of a Title Grey that the Defendant to slander his title spake these words Mr. Marvin Innuendo the plaintiff hath not any title to Upton Innuendo Upton Grey upon not guilty pleaded it was found for the plaintiff and now moved in Arrest of Iudgement First Because hée doth not shew what estate hée had therein for it may be that hée hath it but per anter vic and then Cestuy que vic being dead hée hath not any title he ought also to recover his damages to his estate c. Secondly The words are not spoken of Upton Grey but of Upton only which cannot be intended of Upton Innuendo Grey and it cannot be helped by the Innuendo But all the Court resolved that the Declaration was well enough for as to the first hée néeded not shew what estate c. for his seizing of any estate is sufficient And therefore Fenner said in the case of Huddleston against the Lord Dacres in a Writ of Annuity The Defendant pleaded that hée granted it unto him to be his Steward and that hée was seized of the Mannor of D. and requested him to kéep his Court there and hée refused c. And exception was there taken because he shews not of what estate hée was seized and ruled well enough for peradventure it might be perilous to discover his estate And to the second they held that the Innuendo did sufficiently serve to shew his intent what hée meant in naming Upton for it is usually Innuendo known without the addition and might be called so wherefore the Innuendo stands well with his speaking But if without the Innuendo it could not by any intendment be taken so it might have béen otherwise wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht 419. 14. Hee hath deserved hanging Case 243. Action for these words J. Halland the Plaintiff will come home again if hee escape the Gallows for hee hath deserved to be hanged after Verdict it was moved that an Action lay not for those words And so it was ruled accordingly for they are too general Because the Country people might intend that hée deserved hanging although hée never committed any Felony wherefore it was adjudged for the Defendant Croo. 1. part last publisht 470. 30. Case 244. Action for words and declares whereas hée was a Merchant That the Defendant to discredit him said to one Dudley Doth Vauspike the Bankerupt Plaintiff owe you any mony to whom hée said that hée did hée then said to Dudley You had best call for it take heed how you trust him And it was thereupon domurred and adjudged for the Defendant For it is not any slander to the Plaintiff but good Counsel to Dudley Croo. 1. part last publisht 541. 5. Case 245. Action for these words I will call him in question for poisoning my Charge of Poisoning Aunt and I make no doubt to prove it after Verdict for the Plaintiff it was moved in Arrest of Iudgement that the words were not actionable for it is not any direct affirmation that hée poisoned his Aunt sed non allocatur Indirect for it cannot be more direct when hée saith hée will call him in question and maketh no doubt to prove it Secondly It was alledged that the Action lyes not because it is not averred that his Aunt was Averment poisoned for otherwise it is not any offence sed non allocatur for his credit is not impeached although hée never did any such fact as to say that hée was perjured in this Court although hée never were sworn is actionable wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht 569. 3. Case 246. Action of the Case was brought for these words Thou hast forged an Obligation and I will prove it the Defendant justifies because hée had Charge of Forgery forged such an Obligation in the name of Wendy the issue de son tort demesn c. and found for the Plaintiff and now moved that an Action lay not for these words for hée doth not shew that this Obligation was sealed and delivered but the Court held it to be well enough for it cannot be otherwise intended for without those circumstances it is
R. Croo. 1. last publisht 502. Sée Croo. 2. 625. See before Case 14 20. 42. 76. and after Case 288. 293. 324. Case 278. Action by a Iustice of Peace for this One Webb being Arrested as accessary Justice of Peace slandred of Felony for stealing of his owne goods Mr. Stafford Innuendo the Plaintiff knowing thereof discharged the said Webb by an agreement of three pound whereunto Mr. Stafford was privie whereof thirty shillings was to be paid to Mr. Stafford and was paid to his man by his appointment and the Plaintiff had judgement and Error was brought and assigned that the words were not actionable but the judgement was affirmed Croo. 1. last publisht 536. Sée after Case 334. Case 279. Action for this Thou art a Witch and a Sorcerer and it was adjudged Witch and Sorcerer for the Plaintiff to be actionable John Rogers and Gravat Trin. 39 Eliz. B. R Croo. 1. part last publisht 571. See before Case 145. 229 and after Case 319. 323. 337. Case 280. Action for this by an Attorney I. S. Martin your Attorney he is the foolishest Slander of an Attorney and simplest Attorney towards the Law and if he does not overthrow your Cause I will give you my ears Hee is a Fool and an Asse It was held these words He will overthrow your Cause were actionable and it was adjudged for the Plaintiff upon all the words Croo. 1. part last publisht 589. Case 281. An Action was for this I arrest you for Felony and the Court séemed to incline to the opinion that the words were not actionable Hobb Rep. pl. 286. Case 282. Action for this Thou art a Corn-stealer and if was adjudged for the Corn-stealer Plaintiff that the words are actionable 39 Eliz. Co. B. Croo. 1. part last publisht 563. Case 283. Action for this I will call him in question for poysoning my Aunt and I Charge of Murder indirectly Averment make no doubt to prove it After verdict and motion to arrest the Iudgement because the words were not a direct Affirmation and because he did not aver that his Aunt was dead it was held that the words were actionable without any such averment and adjudged for the Plaintiff So for saying He was perjured in this Court although he were never sworn Web and Poor Trin. 39 Eliz. B. R. Croo. 1. last publisht 569. Sée Case 217. before and 245. 299. Case 284. Error of a Iudgement in the Common Banke for these words Thou art a forsworn Fellow for by thy false Oath thou hast hanged as true a man as Charge of Perjury thy self and the error assigned was because the words were not actionable it was adjudged that the words were actionable and the Iudgement was affirmed Exception also was taken to the Declaration for that it was Quod Declaration propalavit quaedam scandalosa verba prout in his Anglicanis verbis sequend In another Language viz. Thou c. for that it may be they were spoken in another Language c. sed nec allocatur for it shall be intended they were spoken in English Bate and Rookwood Trin. 39 Eliz. B. R. Croo. 1. last publisht 572. Case 285. An Action was for this Thou hast harboured and received thy Son knowing him before to be a Seminary Priest the words were held actionable and Harboring a Priest the Plaintiff had judgement Pasche 10 Jac. B. R. Smith and Flint Croo. 2. 300. Case 286. Action for this spoken of an Attorney Thou art a Couzening Knave and gettest thy living by Extortion and didst couzen one Pigeon in a Bill of Costs Slander of an Attorney of ten pound It was held by the Court that for the first words Thou art a Couzening Knave it lyes not nor for the next thou gettest thy living by Charge of couzening Extortion no more than for saying thou gettest thy living by swearing and forswearing c. As in the Case of Stanhop but for the last words that the Action did lye and it was adjudged for the Plaintiff Stanley and Boswell Hill 40 Eliz. Co. B. Croo. 1. last publisht 602. And in Croo. 2. 586. Jenkins and Smith Mich. 18 Jac. B. R. It is adjudged to lye for this said of him Thou art a false Knave and a couzening Knave and hast gotten all that thou hast by couzenage and thou hast couzened all those that have dealt with thee Case 287. Action for this The Plaintiff was Perjured in his Answer in the Starre-Chamber Charge of Perjury Innuendo a Bill there exhibited by the Plaintiff against the Defendant It was held the words of themselves were actionable and that the Innuendo being repugnant is voyd and it was adjudged for the plaintiff Innuendo Corbet and Hill Pasche 40. Eliz. B. R. Croo. 1. last publisht 609. and in the Case of Poultney and Wilkinson Mich. 45 Eliz. B. R. an Action was brought for this Thou art thrice Perjured in thy Answer in Chancery to my Bill Innuendo a Bill by the Plaintiff there against the Defendant and an Answer to that Bill It was upon a Demurrer adjudged for the plaintiff without argument Croo. 1. last publisht 907. Sée the like in Croo. 1. 234. Sir Richard Snowds Case Sée before Case 276. Case 288. In Norwoods Case Trin. 41 Eliz. B. R. It was held that for saying Incontinency Spiritual Slander One hath begotten a Bastard on such a Woman is not actionable at Common Law Croo. 1. last publisht 684 Sée Case 277. before Case 289. Error of a Iudgement in an Action of the Case for words of Master Bridges Hee is a maintainer of Theeves and keepeth none but Theeves in Charge of maintaining Theeves his house and I will prove it c. For that it was said the words were not actionable because he doth not aver that he knew them to be théeves and the judgement was reversed Ball and Bridges Hill 42 Eliz. B. R. Croo. 1. last publisht 746. Sée before Case 264. 159. 164. 171. 201. and after Case 345. Case 290. Error of a Iudgement for an Action for these words Mistris Margaret Passy Innuendo the Plaintiff sent a Letter to my Master and therein willed Charge of endeavour to poyson him to poyson his Wife for that the words are not actionable But the Iudgement was affirmed and held that the words were actionable Croo. 1. part last publisht 747. See before Case 109. 148. 160. And after Case 335. Case 291. Action for this by a Gaolor for this said of him Heath hath let forth prisoners out of the Gaol and had his part and shares with them and by that means Slander of an Officer he came to his goods hee had not a sheet to his bed before hee let them out of the Gaol to steal them and it was held that the words were not actionable and adjudged for the Defendant Heath and Pose Mich. 42. Eliz. B. R. Croo. 1. part last publisht 783. Case
him five pound a year for his gifts for Justice matters Justice of Peace slandered It was held by the Court that for the word partial Justice and not for any of the rest of the words the Action will lye Kempe and Howsgoe Croo. 2 90. Mich. 3. Jac. B. R. And so for this You are a sweet Justice you sent your Warrant for J. S. to be brought before you for suspition of Felony and afterwards sent J. D. to him to give him warning thereof that hee might absent himself It was adjudged for the Plaintiff and that the words are actionable Burton and Tokin Hill 4. Jac. B. R. Croo. 2. 143. And so for this that whereas hée had upon Articles exhibited bound another to appear at Sessions c. That thereupon he spake thus By your means I had wrong at the Sessions for you caused Hickman to swear against mee a thing that was not true Innuendo the said Oath And it was adjudged for the Plaintiff Croo. 2. 308. Sir Walter Chetwid and Meeston M. 10. Jac. B. R. And so for this said of him Hee hath forged a Recognizance taken before Fisher and others It was adjudged actionable Chitchly and Barker Pasche 44. Eliz. B. R. Croo. 1. part last publisht 883. Case 335. Action for this pretended to be said of the Plaintiff My Brother prefat querend Innuendo is Perjured and upon not guilty pleaded it was Incertainty in the Person found for the plaintiff and upon motion to arrest the Iudgement it was held that there appearing to the Court no other Brother and it being averred to be spoken of him and so found by the Iury it was well enough and it was adjudged for the plaintiff and there this Case was said to be adjudged Endeavour to Murder That murdrous Knave Stroughton lay in wait to murder me and one Tho. Stroughton sued upon them and had Iudgement after upon not guilty he got a verdict for him Croo. 2. 107. Wiseman and Wiseman Hill 3 Jac. B. R. Sée Case before 275. Case 336. Action for this the Defendant Hec falsa scandalosa verba sequentia dixit publicavit viz. Mr. Price you doe my Lord Burleigh wrong that you doe not apprehend Jeremy Johnson Innuendo the Plaintiff for a Felon and seize his goods for he Innuendo the Plaintiff hath stoln a Sheep from Incertainty Wright of Kirsby Innuendo John Wright upon not guilty pleaded and a verdict for the plaintiff it was adjudged against him with the Defendant because it is not alledged in the Declaration or writ to be spoken of the Declaration Plaintiff but only in the Innuendo and the Innuendo without an expresse allegation that the words were spoken of the plaintiff will not maintaine Innuendo the Action Johnson and Sir John Aylmen Croo. 2. 126. Sée Case before 275. Case 337. Action for this Arthur Colome is a forsworn man and hath taken a false About Perjury Oath in his deposition at Tiverton where he waged his Law against me It was adjudged for the plaintiff after motion to arrest the Iudgement Colomes case Croo. 2. 204. Sée before Case 259. Case 338. Error in the Exchequer Chamber of a Iudgement given in the Kings Bench for this Thou art a Witch and that I will prove I have seen thy Impes About Witchcraft or Spirits in the night thou didst unbewitch my childe Iudgement being given that the words were actionable it was assigned for error that it lay not and of that opinion were all the Iustices and Barons For to say Thou art a Witch hath béen often adjudged not to be actionable and the additional words are but matter of Fancy c. wherefore the Iudgement was reversed Lloyd and Cook Pasche 14 Jac. B. R. Croo. ◠399. Action for this Thou art a Witch and by thy means I have lost my Mare And it was moved in arrest of Iudgement that the words be not actionable for they are too general and of that opinion was al the Court absente Mountague and gave Rule that Iudgement should be entred for the Defendant Hawks and Awge Pasche 17 Jac. B. R. Croo. 2. 531. Sée Croo. 2. 600. Martin and his Wife and Studling M. 12. Jac. B. R. the like opinion of the Iudges See Croo. 531. Oliver and Steephens Pasche 17 Jac. B. R. Case 339. Action for this Thou didst set upon me and tookest away my Purse with Charge of Robbery twenty Marks in it goe with me before a Justice of Peace I will charge thee with Felony Adjudged that the Action well lay and thereupon Error brought in the Erchequer Chamber that the words were not actionable All the Iudges and Barons agréed that the words are very slanderous and tant amount as I doe charge thee with Felony wherefore the Iudgement I doe charge thee with Felony was affirmed And yet in Croo. 2. 315 Holland and Stoner Mich. 10 Jac. B. R. The Case was Error of a Iudgement in the Kings Bench in an Action for these words Thou art a lewd Fellow thou didst set upon me by the High-way and take my Purse from me and I will be sworn to it and the Error was that the words were not actionable for he doth not charge him with Felony nor with Robbing of him or any felonious taking away his Purse for it may be hée took it in jest or for some other cause and it is not any direct slander and of that opinion were all the Iudges and Barons wherefore the Iudgement was reversed But for this sée before Case 302. 315. Case 340. In the Case of Jacob and Mills Pasche 11 Jac. B. R. An Error was assigned Charge of Poysoning for these words in the Declaration viz. Hee hath poysoned I. S. Quendam I. S. ad tunc defunct Innuendo because hée did not aver hée was dead at the time of speaking the words for Ad tunc referres to the Averment time of the Declaration And it was the opinion of all the Iudges and Barons that it was error Croo. 2. 343. Case 341. Action for this Thou art a Bankerupt Rogue and accounted a common Rogue Charge of stealing Corn. Knave and thou art a Thief and hast stoln my Corn. To the first words Thou art a Bankerupt Rogue and accounted a common Knave The Defendant pleaded not guilty and to the last he justified And both found against him damages for the first twelve pence and for the last thirty nine Bankerupt shillings and costs for both the plaintiff having Iudgement for both was for this cause reversed For the first words are not actionable the plaintiff being neither Merchant nor Trades-man And the Iudgement being entire it is reversable in toto for in the Iudgement the damages Damages are joyned that are severed in the verdict Croo. 2. 424. Pasche 53 Jac. B. R. Lloyd and Peirse Case 342. Action for this Thy Master Brown hath robbed me of all my goods and
his Calling of Function by which hée gets his living or which do charge him with any great infectious disease All such words will bear an Action without alledging or averring of any particular damage by the speaking of them But in all other Cases there must be a special damage alledged to be sustained by the Plaintiff by the speaking of the words And if that be in the Case almost any words that carry any thing in them of a foul aspersion may bée actionable Bulst 1. part 40. So much of the Rules of Extension 22. The Rules of Exception or Limitation shall be these That actionable words in all cases especially in cases where they may bring a man in dauger of his life must have these qualifications and conditions in them 1. They must be false for if the thing spoken be true let the words bée what they will the party that speaks them may justifie them 2. They must be malicious and purposely and intentionally to slander and defame for otherwise notwithstanding they be true yet will they not be actionable 3. They must be particular and clear for if they be so general as thereby to be ambiguous and doubtful no Action will lye upon them 4. They must bée of a simple single and known sense for if they be of an indifferent meaning no Action will lye upon them 5. They must be certain against which there may not be any intendment for if they be altogether uncertain either as to the person slandered or the slander it self no Action will lye upon them 6. The words must have in them some matter of weight and substance for if the things spoken import no substantial matter no Action will lye upon them 7. They must be positive affirmative and direct importing some peremptory Accusation for if they import a slander by way of Argument Inference or Implication only no Action will lye upon them 8. They must import a thing possible to bée for if they import a thing simply and apparently impossible no Action will lye upon them 9. They must import some Act done for if they import only an Affection Inclination or Intention to do something and nothing done no Action will lye upon them 10. They must carry in them or cause by occasion of them something of damage and prejudice to him against whom they are spoken for if it be apparent they neither do nor will bring any damage to him no Action will lye upon them 11. The words all of them spoken together must be actionable for if some of them only be actionable and the rest spoken at the same time do qualifie them and take away the force thereof no Action will lye upon them 12. They must be spoken in an extrajudicial way for if they be spoken in a course of Iustice and a judicial way no Action will lye upon them 13. They must be spoken in the hearing of some body that doth understand them for if they be spoken in another language which none of them that do hear them understand no Action will lye upon them 14. The words if they charge a man with a crime must import that the man charged hath notice or knowledge of the ground or occasion of the crime or they will not be actionable 15. They must carry an Import of Slander in them as they are taken and understood in their vulgar and common sense and acceptance for if they become scandalous as they are taken in a forein strict and grammatical sense and construction only this will not bear an Action For the first of these 1. The words spoken and the thing said against him of whom they are The words must be false Sect. 6. spoken must be false for the Writ is falso malitiose dixit c. And so the Action must be laid or else it is not well laid For if the words spoken be true let them be what they will the defendant in the Action may justifie the speaking of them But in that case hée must take héed hée do not plead Pleading not guilty And if they be malicious and false an Action will lye upon them Dyer 236. Broo. 104. Action of the Case Huttons Rep. 73. Croo. 2. 91. 2. For the second thing The words spoken must be malicious and with The words must be malicious an intent and purpose to prejudice him against whom they are spoken For the Writ is falso malitiose and it must be both false and malitious otherwise it is not good it is therefore in this considerable Quo Animo The words therefore must be such as importing something that if true may bring the party against whom they are spoken in danger for his Life Liberty Estate or Credit and no good cause can be shewed for the speaking of them But for the discovery of the malice these things are to bée known 1. That where no other Cause can be shewed of the speaking of the words there the Law will take it to be malicious That which is chiefly therefore to be considered is Causa Dicendi For if a Lawyer shall in the pleading of his Clients cause innocently and pertinently to the cause in hand which hée must look to and according to his Instructions speak such words as may charge a man with a Crime or bée actionable in another Case this shall not be taken to be malicious and therefore not actionable And yet if the Lawyer shall speak those words at another time or in another place then when and where the Cause is debated this may be actionable So where a Preacher in preaching shall recite a History out of a Book that doth prove false and scandalous this will not be actionable So if one advise his friend to forbear the Company of such a one for that shée hath the Pox or tell his friend of somewhat that is reported of him and wish him to clear himself of it In these Cases no Action will lye for these words For here the cause or occasion of the speaking of the words doth shew that there was no malicious intent in the speaker when hée spake the words And yet if one shall make this but a Cloak for his malice in any such Case as this it will be otherwise But by these and such like Circumstances it must be considered with what mind hée spake the words and whether there were malice in them or not Bulstr 1. part 148. Hill 21. Car. 1. B. R. Stiles Regist 5. Croo. 2. 91. 339. Trin. 7. Car. 1. B. R. Norman and Simonds Case Coo. 4. 16. Hobb Rep. pl. 11. 399. Dyer 236. Huttons Rep. 73. Dyer 236. Bustr 1. part 148. 3. For the third thing The words spoken must be clear and perspicuous The words must be clear and perspicuous as Thou art a Theef J. S. is a Bankrupt or thou hast killed J. S. or thou was forsworn in the Kings Bench Court or in a Court of Record and the like And not obscure and
doth prosecute another upon an Indictment by constraint or compulsion in a Court as where men are obliged to it by their Oath or Office as Iustices of Peace or Iurors sworn to present such offences or witnesses called to testifie their knowledge of such things or one that doth come into a Court voluntarily and there discover one that is a Felon indeed and yet if it be voluntary at the first and after compulsory it may be unlawful and actionable And yet if one shall come into a Court voluntarily and discover Felonies and it be true which hee doth discover and this be without any malice precedent no Action will lye for this So if one come into a Court and by the command of all or one of the Iustices draw or procure to be drawn an Indictment or if being bound to prosecute hee do so and cause an Indictment c. Or if hee be bound to give in evidence and hee do so or hee do give false evidence this will not make him liable to this Action 27. H. 6. 12. 35. H. 6. 14. 27. H. 8. 2. Fitz. 115. Leonard Rep. 107. For if this Writ should lye against one that comes in only to swear to the truth of an Indictment then would no man come in to do it Coo. 4. 14. Bulstr 1. part 185. Porter and Griffins Case B. R. This Action lieth not against a Iuror or witnesse that comes into a Court to be sworn Coo. 9. 55. And if a Witnesse or Iuror had conspired out of Court and the Witnesse had sworn or the Iuror had given a corrupt verdict upon a Conspiracy before out of Court they might have been punished in the Starr-Chamber Coo. 2. 23. 24. And so also of the Iudge or Iustice of Peace But neither Iudge nor Iury nor Witnesse will bee liable to this Action by our Law in such a Case Coo. 12. 23. 24. 12. Ed. 4 18. 21. Ed. 3. 17. 7. H. 4. 31. 35. H. 6. 14. 20. H. 6. 5. F. N. B. â—15 And yet if there be just cause as that in truth there is a Felony committed and any man whatsoever shall complain to a Iustice of Peace of it and thereupon hée that doth complain is bound over to prosecute which is the ordinary course and thereupon hée doth prefer an Indictment and prosecute c. this is not actionable Croo. 2. 32. 130. 191. Bulstr 1. part 150. 5 The procéeding and prosecution must be malicious for an unjust revenge as well as voluntary For if one man do prosecute another in this way upon good ground as where a Felony is done and there is some cause of suspition of that person more than another either by the common fame or otherwise as where a man is robbed and the next Village upon Hue and Cry doth make pursuit and take a man whom they have in suspition and thereupon the party robbed doth indict that man and upon the Indictment in his Trial he is acquitted Or a Coroner after a murder sitting super visum corporâ—s cannot finde out the murder and then enquiring of the first finders of the body they present that J. S. killed him and thereupon hée is indicted and acquitted these proceedings shall not be said to be malicious nor are they as punishable by any Action as in case where it appears he doth begin and prosecute his work maliciously And whether there be malice or not in such a prosecution must be iudged by Circumstances as his manner of prosecution speeches and the like and a Iury only must determine it Bulstr 2. part 2. 84. Broo. Couâ—p 4. Coo. 9. 55. Croo. 2. part 191. 194. Bulltr 2. part 269 Leonard Rep. 107. pl. 146. Bulstr 1. part 149. Croo 1. part 96. Croo. 1 part last publisht 724. 6 It hath been held by some Iudges that it ought not only to be maliciously contrived but it must be false and that if the party be guilty of the Crime whereof hee is accused and for which hee is prosecuted that this Writ will not lye By the two Chief Justices and Lord Chancelour Sed Quere if this may not admit of some exception Huttons Rep. 73. If one be robbed by persons unknown and one of the Theeves had a white Horse and brown Cloak and was like to the Plaintiff and upon this was apprehended and prosecuted this was held lawful and that this Action did not lye for it So where the Daughter complained to the Father shee was ravished by J. S. but was not so and thereupon hee did prosecute him that no Action lay for this So in like cases where there are good and seeming probabilities a man may prosecute another after this manner and justifie it albeit the party accused be innocent and the thing false But if there be no probabilities in the Case or the Iustice in his examination finde no cause to binde over and yet hee proceeds Bulstr 1. part 149. 150. 185. Godb. Rep. 203. Huttons Rep. 73. Bulstr 3. part 331. And in this it is said that if the Charge and Accusation be true but in part as where the Writ doth suppose a man to indict him for murder and it was upon his Arraignment found that hee did kill the man but that the killing was per infortunium or se defendendo in this case the Writ will not lye Fitz. Consp 21. Stamf. lib. 3. cap. 12. 7 The party indicted or appealed must be legittimo modo acquietatus Sect. 3. Acquittal by pardon that is he must be acquitted upon his Trial by the Petit Iury after an Indictment found by the Grand Iury or if hee bring an Appeal be non-suit or the like And therefore if the Acquital be by a general or particular pardon or hee is discharged for the insufficiency of the Indictment and no Iudgement be given upon it or the party is indicted and an Ignoramus is found upon the Bill in all these Cases this Writ of Conspiracy will not lye Croo. 2. 131. Bendloes Rep. 152. Yelvertons Rep. 161. Brownl and Goldsb 10. 9. Ed. 4. 12. F. N. B. 114. Coo. 7. 45. 41. And yet the last of these Cases upon an Ignoramus found is doubted of by some and the contrary said to be twice adjudged 41. Eliz. B. R. 20. Jac. And for the general Pardon hée is to plead it and the Iustices are to allow of it Brownl 1. part 9. Bulstr 1. part 150. 151. Croo. 1. 208. Dyer 28. 85. Goldsb 51. 8 The Prosecution must be about some criminal matter that may bring a scandal upon him for if it be but a matter of Trespasse only no Action will lye for this Stiles Rep. 157. 9 This Action may lye for procuring one to be indicted although the party himself do it not for one may exhibit a Bill to the Grand Iury without oath Stiles Rep. 10 To encourage one that is robbed to cause the suspected Felon to be indicted and to accompany him to the Assizes is lawful to do and will not bring one in
and B. talking of how many Hares one of them had killed and the other therein say to him You are a Murtherer this is not actionable The Plaintiff therefore was barred Coo. 4. 12. Case 2. Cutler and Dixon To prefer scandalous Articles against any man to In a Course of Justice not actionable the Iustices of the Peace to the intent he may be bound to the good behaviour is in pursuance of justice and not actionable M. 27 28. Eliz. Coo. 4. 14. Case 3. Sir Richard Buckley and Owen Wood Sir Richard sued him for preferring divers scandalous Articles against him in the Star Chamber not determinable there and for affirming the same to be true without naming any of the particulars of the Bill in the County of S. W. doth traverse the affirmance before or after the day in the Count. In this Case it was resolved 1 That the Traverse is not good that the day in the Count is excluded 2 That no Action lyes for things determinable in that Court where In a course of Justice the Complaint is made for it is in a course of justice 3 For things not determinable there it is otherwise for an appeal of Murder brought in the Common Pleas no Action will lye it is in nature of a just Suit though the Court be mistaken but because the words in the County out of which the Action is composed are not actionable the hearers not being of judgement to know what was in the Bill Iudgement was given against the Plaintiff Coo. 4. 15. Case 4. Stanhop and Blisse Case 27 Eliz. An Action was brought by Master Words general and incertain Stanhop a Iustice of Peace Surveyor for these words He hath but one Mannour and that he hath gotten by swearing and forswearing It was Officer Justice of Peace Perjury resolved that the Action would not lye for the words were too general and such words to ground this Action must have convenient certainty in them he doth not charge the Plaintiff with swearing c. and he may recover a Mannour so and yet not procure or agree to the perjury It was resolved to say to another He hath forsworn himself is not actionable for this may be in an ordinary discourse but to say a man is perjured or that he was forsworn in such a Court is actionable And resolved also that for words of Passion and Choller as to call one Villaine Rogue Varlet Villaine Rogue Varlet or the like will not bear Action Coo. 4. 15. Case 5. Hert and Yeomans Case The Plaintiff being a Iustice of Peace sues Charge of an endeavour of Murder for these words For my ground in Alerton Hert seeketh my life and if I could finde I. S. I doubt not but within two dayes to accuse H. of Felony In this Case it was adjudged that for the first words for my ground in A. he seeketh my life no Action will lye for this may lawfully be done Justice of Peace Incertain words if he hold Land of him and be an offender 2 Seeks my life is too general there is no punishment to be inflicted for séeking only But for the latter words it was agréed they were actionable Words general endeavour because for a suspicion of Felony a mans life is brought in question and he may be imprisoned Coo. 4. 16. Case 6. Byrchleys Case 27 28 Eliz. The Defendant said to B. C. a Clerk of Officer charged to deal corruptly the Kings Bench and sworn to deal duly without corruption discoursing together about his carriage in his Office these words You are well known to bee a corrupt man and to deal corruptly In this Case it was adjudged that the Action did lye 1 For the words Ex causa dicendi imply that he meant he did deal corruptly Causa Dicendi in his office and this toucheth him in his oath 2 The words scandalize him in that whereby he gets his living Skinner Justice of Peace slandered of London said That Manwood was a corrupt Judge and it was adjudged actionable and in this Case it was resolved That if the precedent talk had béen that B. was a Vsurer or Executor of another and would not perform the Will And upon this the words had béen spoken they had not béen actionable Coo. 4. 26. Case 7. Weaver and Caridens Case It was adjudged that no Action lyes for saying That the Plaintiff was detected for perjury for an honest man Detected for perjury may be detected but not convicted Coo. 4. 16. Slander of a Justice of Peace Case 8. Stuckley and Bulheads Case 44 and 45 Eliz. It was adjudged That this Action will lye for saying of a Iustice of Peace Hee covereth and hideth Felonies and is not worthy to be a Justice of Peace For this is against his Oath and Office and cause to put him out of Commission and for this hee may be indicted and fined Coo. 4. 16. Case 9. Snagg and Gees Case An Action was brought for these words Thou Charge of Murder Words Repugnant hast killed my Wife and art a Traitor and it was adjudged that the Action would not lye for the Wife as appeared was alive and so vain and no scandal but otherwise it would be if shee had been dead Coo. 4. 16. Case 10. Eaten and Allens Case An Action was brought for these words Hee is Charge of Murder a Brabler and a Quarreller for hee gave his Champion counsel to make a Deed of Gift of his Goods to kill mee and then to flye out of the Country but God preserved mee And it was strongly urged that the Attempt and endeavour to murder Action should be maintainable and divers cases cited Lady Cockein Mich. 32. 33. Eliz. B. R. for these words My Lady Cockein offered to give poison to one to kill the childe in her body Another between Tibbot and Heine in Gloucester for this Tibbots and another did agree to hire one to kill S. B. Also Cardinals Case If I had consented to Mr. Cardinal T. H. had not been alive And the Lord Lumleys Case My Lord Attempts and endeavours Lumley hath gone about to take away my life against all Christian dealing But upon great deliveration it was adjudged that the words were not actionable for a purpose or intent to do an evil Act unlesse it be in case of Treason is not punishable by Law yet such a Conspiracy might have béen punished in the Starre-Chamber when it was up Coo. 4. 16. Case 11. Anne Davis Case The Plaintiff was néer to Marriage the Defendant Charge of Incontinency said of her Shee had a Bastard and by this shée lost her Marriage this is actionable 1. For shée is punishable upon 1. Eliz. if true 2. So upon any naked charge of Incontinency and special damage shewed by it and the ground of the Action is temporal viz. the defeating of her advancement Inne-keeper in Marriage By Popham An
Assize Yelvertons Rep. 143. Case 119. Blanchflower and Atwood The Action was for this I will hang him Charge of Treason for hee hath spoken words which be high Treason and they were adjudged actionable Yelverton Rep. 107. Case 120. Brinsby and Balgy M. 5. Jac. B. R. The Action was brought by a Charge indirect of a Robbery Maid in a Treaty of Marriage for this It is no marvel shee comes not to Church for it is thought she is with childe and I fear it is too true And it séems not actionable And yet that such words used about a Robbery would be actionable Yelvertons Rep. 113. Case 121. Tomson and Knot M. 6. Jac. B. R. The Action was brought for these Charge indirect of a Theft words You might have known your own sheep and not have stoln mine In this Case by two Iudges the words were not actionable for they are no direct affirmation of any stealing but by way of Implication and a slander may not be drawn in by a strained construction And two Iudges that they were actionable Yelvertons Rep. 145. Case 122. James Wilshire hath forged the late Queens Writ It was affirmed in Forgery a Writ of Errour that the words are actionable Wilshire Case Mich. 5. Jac. B. R. Yelvertons Rep. 146. Case 123. Staverton and Relfe M. 7. Jac. B. R. The Action was this I will prove Charge indirect of Perjury thee a perjured Knave And it was adjudged actionable for these words I will prove import a vehement affirmative of the thing and the Plaintiffs guilt therein Yelvertons Rep. 160. Case 124. Dromant and Westofer M. 6. Jac. B. R. The Action was for these Charge of Theft Pickpocket words The wife of D. Innuendo the wife of the Plaintiff pickt five shillings six pence out of H. Davis wives pocket and her Husband Innuendo the Plaintiff was consenting to the same and in this Case the Iudgement given in the Common-Pleas upon a Writ of Errour was affirmed in the Kings-Bench for the Plaintiff for the first words to pick a pocket c. are slanderous and in the common phrase is in the worst sense a stealing Yelvertons Rep. 136. Case 125. Tuerleote and Morrison Hill 8. Iac. B. R. The Action was brought for these words by an Alien Merchant Hee is a Bankerupt and fled beyond the Seas for much mony And the Defendant pleaded that the Alien Plaintiff was an Alien but it was adjudged for the Plaintiff Yelvertons Rep. 199. Case 126. 1 In an Action upon the Case for words the Plaintiff did declare That Case hée was Heir apparent to his Father and also to his younger Brother who had purchased Lands but had no issue either Male or Female and that the Loss of Preferment Defendant with an intent to bring him in disgrace with his Father and also with his younger Brother and thereby to make the Father and younger Brother to give away their Lands from the Plaintiff did maliciously speak Thou art a Bastard these words to the Plaintiff Thou art a Bastard which words were spoken in the presence of the Father and younger Brother by reason of speaking which words the Father and younger Brother did intend and afterwards did give their Lands from the Plaintiff And by the opinion of the whole Court it was adjudged that the words were actionable and Iudgement entred accordingly Godbolt Rep. Case 519. Humfreys Case 13. Car. B. R. Case 127. Mich. 20. Jac. B. R. Elborrow versus Allen. Action upon the Case Whereas hee was the Son and Heir of John Elborrow and Anne his Slander of a Title to Land Wife Daughter and Heir of John Travel and had divers Lands by discent from them of the value of two hundred pound per annum that the Defendant envying his estate speaking of the Plaintiff and Katherine his wife said these words Shall Elborrow his wife sit above my wife hee is but a Bastard That by this hée was much scandalized in his Estate and forced to great expence to defend his Title upon Nihil dicit writ of Injury and fifty pound damages and after motion to arrest the Iudgement it was given for the Plaintiff And it was agréed that the words in themselves were scandalous and dangerous that may cause his Inheritance to be questioned Croo. 2. 642. Case 128. Banister sued Banister for saying to him being Son and Heir to his Father Slander of a Title to Land That hee was a Bastard And it was resolved that the Action would lye for the words tended to his dis-inherison But if the Defendant himself had pretended to be the next Heir then the words had not béen actionable Trin. 25. Eliz. B. R. Mich. 3. Jac. B. R. Case 129. Two men having speech together of John Syms and William Syms Slander incertain in the person slandered and in the matter one of them said The Symses make Half-crown peeces and John Syms did carry a cloak-bag full of clippings And whether the Action would lye was the question because it was incertain in the person for hee did not say these Symses but the Symses Like unto the Case where one Farrer being slain and certain persons being Defendants in the Starre-Chamber one having spéech of them said These Defendants did murder Farrer and it was adjudged that the Action would not lye for two causes First Because the words these was incertain in the person And secondly it was incertain in the thing for it might be that they had authority to do it as in Mills Case 13. Jac. in the Kings-Bench Thou Charge of coyning of money hast coyned Gold and art a Coyner of Gold Thirdly a Cloak-bag of Clippings that is also uncertain for it might be Clippings of Wooll or other things or it might be Clippings of Silver from the Goldsmith for the Goldsmith that maketh Plate maketh Clippings and fourthly it is not shewed any certain time when the words were spoken And for these causes it was adjudged that the Action would not lye Godbolt Rep. Case 477. Syms Case Pasche 3. Car. B. R. Case 130. Note it was cited by Chamberlain Justice 15. Jacobi to be adjudged Hinderance of Preferment Bastard Slander of a Title For saying one is a Bastard That where a man brought an Action upon the Case against another man for calling of him Bastard that the Action was maintainable the Defendant brought a Writ of Errour and shewed for Errour that the Plaintiff did not claim any Inheritance or to be Heir to any person certain But notwithstanding that Errour assigned the Iudgement was affirmed And hee said that if one saith of J. S. that his Father is an Alien that an Action upon the Case will lye because it is a disability to the Son Quere Godbolt Rep. Case 421. Case 131. Mich. 6. Jac. B. R. Vaughan versus Ellis Errour of a Iudgement in Slander of a Title the Exchequer in an Action of the Case for
Innuendo will not help for that actionable words must import in themselves precise slander without ambiguousnesse so that every one that hears them may intend of whom they be spoken For it was said that hée spake the words of the Plaintiff and the Iury found him guilty And this difference was taken where the words in themselves import apparent incertainty and when they may be ascertained by Intendment In the first Case no Averment will aid it But in the last Case by Averment an Averment and a Verdict it may be aided And therefore where the words be One of my Brothers is perjured this is so incertain that neither of them can bring an Action and if he be found guilty by Verdict it will not help But here it did not appear that hée had more Brothers than one and then it may be certain enough and here it is expressy averred to be spoken of him and the Iury hath found him guilty and therefore it is here certain enough And this Case was cited by the Court to be adjudged for the Plaintiff That murdrous Knave Stroughton lay in wait to murder mee And upon this one Thomas Stroughton brought the Action and said they were spoken of him And upon not guilty pleaded and a Verdict for the Plaintiff it was adjudged after divers motions to arrest the Iudgement for the Plaintiff Croo. 2. 108. Case 225. Sir Thomas Gresham versus Grindsley Thy Brother was a fool and was never born to do himself any good for that he could not hold his hand from ratifying and subscribing to his Fathers Will notwithstanding I have that to shew in my house that if his heir Elizabeth Gresham do not any such Act as hee hath done it shall bring her to inherit Titsley Sir Tho. upon this sues the Defendant And shews how his Father was seized Slander of a Title to Land of the Mannor of Titsley and of other Lands and by his will devised to A. his wife for life the Remainder in Tail to the Plaintiff and how the Father had issue William the eldest which had issue Elizabeth his Daughter and Heir and this Plaintiff the youngest Son and that A. is dead and the Plaintiff entred and the Defendant to slander his Title spake these words before and shewed further how hée had an intention to make a Ioynture to his Wife and to passe divers parcels of the Land devised to him to his younger children for their advancements and that hée was hindred in his intent by these words ad damnum a hundred pound and upon not guilty pleaded it was found for the Plaintiff and twenty pound damages But Iudgement was given for the Defendant 1 For that it doth not appear by any thing in the Declaration that the Plaintiff is damnified viz. that hée was about to sell it or has entred into any Bond to make a Ioynture to his wife which by reason of these words would not be accepted and there ought to be some special matter shewed in which damage may be apparent Coo. 4. 18. For upon such general words no special slander may be imposed As if a Lease for life be with a condition to re-enter and J. S. shall say That hee can shew that which will bring him in Reversion to the possession this is no slander of the Title for the very Lease it self by the Indenture by which the Land was devised will bring him to it either by the condition or by the determination of the estate 2 For that it doth appear by the Plaintiffs own shewing that Elizabeth is Heir at Common Law and that the Plaintiff himself had but an estate tail and upon the determination of it Elizabeth will have Titsley as general Heir and the Defendant doth not shew any time certain when Elizabeth shall have it but indefinitely and this shall be taken in meliori sensu Yelverton Rep. 88. Coo. lib. Entries 35. Case 226. Mich. 4. Jac. B. R. Earl of Northumberland versus Birches In an Slander of a Title to Land Action for the slander of a Title The Plaintiff declared that Henry Earl of Arundel was seized in Fée of the Mannor of D. and gave it to the plaintiff in tail and that the Defendant was a Customary Tenant for life of a messuage parcel of the said Mannor And the Plaintiff was in Communication with J. S. to make a Lease for years to him to make a Lease for years of the Land to him to begin after the estate of the Defendant for life was determined for which J. S. agréed to give him five hundred pound that the Defendant intending to hinder that bargain and slander his Title spake these words The late Earl of Arundel Lord of the Mannor of D. did make a Lease of my Tenement to one J. D. for sixty years to begin after my customary estate ended and the same is a good Lease Whereas the said Earl did not make such a Lease by reason whereof neither J. S. nor any other person would give him ten pound for the Lease The Defendant justified that Henry Earl of Arundel before the Gift made to the Plaintiff made such a Lease to J. S. for sixty years and that J. S. conveyed the Lease to him It was objected that the words import not any slander nor is it alledged when the Earl made the Lease But the opinion of the Court was that the words shall be taken in the worse sense according to his intent which hée spake when hée said it to be a good Lease And the words themselves imply that hée spake them to countenance the Title of a stranger which is not lawful and now hée cannot excuse himself by intituling of himself when at the first the words did not import as much and now hée cometh too late to justifie Croo. 2. 163. Case 227. M. 3. Car. B. R. Law and Harwoods Case In this Action for a slander of a Title The Plaintiff declared that hée was seized in Fée as a Coppy-holder Slander of a Title to Land of Land in D. within the Iurisdiction of the Defendants Court and that the Defendant said Hee had not any title to those Lands It was found for the Plaintiff And upon a Writ of Errour brought the Iudgement was reversed because the plaintiff did not shew that by occasion of the words hée had any prejudice as by any bargain of Inheritance or Lease of the Land And this Action is not maintainable without shewing a special prejudice Croo. 1. part last publisht 99. Case 228. M. 6. Jac. B. R. Vaughan versus Ellis M. 6. Jac. B. R. Errour of a Iudgement in the Exchequer-Chamber in an Action of the Case for words for saying Hee is a Bastard The Errour assigned was that the Action lyes not for these words without special cause shewn that hee was damnified by them as to alledge that hée was inheritable to some Lands and that by reason of those words hée is to have losse And here it
for the last words not the first were agreed to be actionable Sale and Marsh Pasche 32. Eliz. B. R. Croo. 1. part last publisht 178. Case 255. Action for these words Shee is as very a Thief as any that robbeth by the High-way side upon not guilty the Iury found these words Shee is Charge of theft indirect a worse thief than any that robbeth by the High-way side And the Court held in both Cases the words are actionable But Gawdy and Fenner held that the words doe not agrée with the Declaration for the Iury doe not Verdict finde that the Defendant at the time mentioned in the Declaration spake the words in the verdict so that it may be he spoke them at several times and it differs from Bridges Case Dyer 3. Mar. where the Iury found hée spake part of but not all the words for there they did acquite him of the residue and the words are not of one sense VVray contra as very a thief and a worse thief are all one the Lady Ratcliff and Shubley Pasche 33 Eliz. B. R. Croo. 1. last publisht 224. See before Case 168. Case 256. Action for these words I have served thee with the Queens Letter for Charge of theft by implication or indirect stealing of goods out of my Mothers house Vpon not guilty and verdict for the Plaintiff it was adjudged that the Action did not lye for the words for he saith not expresly that he had stoln the goods but that hee served him c. which may be thought he did not steal them so it is only a charge by implication Periam cited a Case of one Nowel a Clerk of this Court He was Cubbed for forging Writs Certainty where the words were Thou wast Cubbed up for forging of Writs and ruled no Action lay Atkinson and Atkinson Pasche 33 Eliz in scaccario Croo. 1. part last publisht 4. Case 257. Action for these words Thou hast played the Thief with me and hast Charge of theft stol my Cloth and half a yard of Velvet The Defendant pleaded that the Plaintiff was his Taylor and that upon the day of c. hee delivered to him a yard and a half of Velvet to make him a pair of Hose and hee Pleading Traverse made them too streight Ratione cujus he spake these words Thou hast stoln part of the Velvet which I delivered thee Absque hoc that he spake any words aliter vel alio modo upon which the Plaintiff demurred For the Plea and Traverse do not confesse any words of slander and then the Traverse is méerly void L. 5. Ed. 4. 26. 9. Ed. 4. 15. 37. H. 6. 34. 22. H. 6. 17. And of this opinion was the Court but a manifest fault was alledged in the Plea for hée did not answer to the words Thou hast stoln my Cloth and it was adjudged for the Plaintiff Johns and Gittins Trin. 33. Eliz. B. R. Croo. 1. part last publisht 239. Case 258. Action for these words Thou art a forger and art sued in the Starre-Chamber Charge of Forgery Words general and incertain for forging by one Sedge And after Verdict for the Plaintiff and motion for arrest of the Iudgement it was adjudged for the Plaintiff albeit hée did not say what thing hée forged and how hée was sued for it might be without cause For when hée saith Thou art a forger it is intended of such a thing as whereof Forgery may be and to be spoken in the worst part and when hée saith Hee is sued c. this doth aggravate it that hée did such a Forgery as for which hée is suable there Munday and Cordall Palche 35. Eliz. B. R. Croo. 1. part last publisht 296. Case 259. Action for this Hee was falsly forsworn in the Court of the Bishop of Charge of Perjury Certainty Exon at Exon. It was moved in arrest of Iudgement it doth not appear hée was sworn in any Iudicial Court for it may be in the Bishops yard called his Court yet the Plaintiff had Iudgement Lee and Secombe Pasche 35. Eliz. B. R. Croo. 1. part last publisht 297. See before Case 35. 59. And after Cases 266. 267. 273. 274. 276. 284. 286. 294. 315. 329. 337. 348. Case 260. Action for this My Master hath put mee away because I would not be Charge of a Justice of Peace with vain words a Papist for hee will keep no Servants but Papists and alledged that hée was a Iustice of Peace Vpon Demurrer the Court held that the Action did not lye for these words Perepoints Case Mich. 35. 36. Eliz. B. R. Croo. 1. part last publisht 308. Case 261. An Action was brought by an Alderman and a Merchant in York for Charge of couzening upon a Merchant these words Hee is a false Knave and keepeth a false Debt-book for he chargeth mee with the Receipt of a peece of Velvet which is false After a Verdict for the Plaintiff upon not guilty pleaded and a motion to arrest the Iudgement it was adjudged that the Action lyes not for the words And against the Plaintiff Brook and Watson Trin. 37. Eliz. B. R. Croo. 1. part last publisht 403. See afore Case 142. 143. 198. 326. 327. 329. Case 262. Errour of a Iudgement in an Action for these words Thou art a prigging Prigging pilfring Merchant pilfring Merchant and hast pilfred away my goods from my Wife and Children that the words were not actionable And the Iudgement was reversed for this cause Charter and Hunter Mich. 37. 38. Eliz. B. R. Croo. 1. part last publisht 424. And in the Case of Bradshaw and Walker Filching Fellow for this Thou art a filching Fellow and didst filch from William Parson a hundred pound the words were held by the Court Co. B. not actionable and it was adjudged against the Plaintiff Hobb Rep. pl. 323. Action was for this Thou art a Theef for thou haststoln half an Acre of Charge of theft of Corn. Corn Innuendo the Corn growing upon half an Acre of ground reaped and put into shocks by the Defendant the Defendant demurred to the Declaration And it was held the words were not actionable and it was adjudged for him against the Plaintiff Castleman and Hobos Mich. 37. and 38. Eliz. B. R. Croo. 1. part last publisht 428. See after 304. 305. 333. 341. 346. Case 263. Action for this was brought by a Iustice of Peace Hee is a Blood-sucker Justice of Peace slandered Blood-sucker and seeketh others blood Vpon not guilty pleaded and a Verdict for the Plaintiff it was moved in arrest of Iudgement and adjudged for the Defendant against the Plaintiff and that the words were not actionable Sir Christopher Hylliard and Constable Croo. 1. part last publisht 306. 433. Case 264. Action for these words spoken of one that was robbed of péeces of Cloth Charge of concealment of a Theft and the Theef Hee hath received three peeces of his Cloth again of
such like words as these are no Felony Action will lye Hobb Rep. pl. 381. 286. Bulstr 1. part 148. Coo. 4. 15. Popham Rep. 210. For the eighth thing That the thing said by the words must be a thing that is possible to have béen done For if it import such a thing done as is altogether and apparently impossible no Action will lye upon them And therefore it is held that no Action will lye for saying of another that hee hath Murther killed my Wife for that the words themselves do shew her to be then alive Coo. 4. 16. So to say to a Brewer My Mare doth piss as good Beer as thou dost brew these words in themselves are impossible and will bear no Action And yet if the Brewer in his Trade shall suffer any special loss Trade by them for this hée may have his Action Coo. 4. 16. Mich. 15. Jac. B. R. Dicks Case For the ninth thing That the words must import some Act done For if Not for words importing only an inclination or intention to do a thing Adjective words they import only an Inclination Affection or Intention to do a thing no Action will lye upon them And therefore it is held That no Action will lye for such like words as these Hee is a Theevish Knave or hee is a Traiterous Knave or hee is a seditious Knave And yet if these and such like Adjective words shall import an Act done as Hee is a perjured Knave or the like There this Action will lye Or if they be Theft such words as do slander a man in his Office Function or Profession as to say of a Judge Hee is a corrupt Judge or of such an Officer Corruption in an officer Hee is a corrupt Officer or hee is a bribing Knave Or if they be such words as do slander a man in his Trade As to say of a Tradesman Hee is a Bankrupt or a Bankeruptly fellow For all these and such like Bankerupt words the Action will lye And so also it will where the Adjective word is Theft added to an actionable word As Thou art a cunning Theef And so also it will lye where the intent of doing an Act and the Act done are joyned together As Hee would have robbed mee and did rob mee of my dagger And so also it will lye where the words import that hée is doing of the Act as where hée saith of one Hee is ravishing a woman or hee is robbing a man Coo. 4. 16 19. Hobb Rep. pl. 17. Dyer 72. Croo. 1. 301. Godb. Rep. 151. Bulstr 1. part 134 145 138 210. For the tenth thing That the words must carry in them or cause by occasion of them something of damage or prejudice to him against whom they That the words must import somewhat of damage to him of whom they are spoken Sect. 8. Murther are spoken For if the thing spoken being true may not hinder or hurt him by hazard of his life or by the infringing of his Liberty or by the impairing of his estate or by the defamation of his Credit no Action will lye upon them And therefore it is agréed That to charge a man with a Crime by words in another language that none of the hearers understand or to charge a man in an Action brought with the killing of a man where it doth appear by the Record it self that the party supposed to be killed is yet alive is not actionable for hée neither hath nor can have damage by it So to charge a man with a trivial light matter as that hee hath erected a Cottage against the Law or hath a Dog that will not suffer his neighbours Cattel to go in peace these things will not bear Action Coo. 4. 16. Bulstr 1. 148. Croo. 1. 350. Hobb Rep. pl. 11. 236 145 164. 154. For the eleventh thing That the words all of them spoken together That the words must be taken altogether must be Actionable for words that are in and of themselves Actionable may be qualified by the precedent or subsequent words joyned with them and spoken at the same time and therefore where part of the words rent asunder from the rest are Actionable but there are other words spoken before or after them at the same time and in the same speech or conference that doe explain limit and qualifie them in such cases they will not be Actionable and therefore it is agréed that no Action will lye for the words in the Cases hereafter following For that thou hast stoln my Apple out of my Orchard I will say thou art a Theef or Art thou not a Theef that hast stoln away my Evidences or Art not thou a Murtherer that hast killed so many Hares Or where two are talking of Hunting and one of them shall brag how many Hares he had killed by Engines and thereupon the other say to him Thou art a Murtherer in these and such like cases no Action will lye upon them But these two Rules are given herein 1 That the words that shall qualifie and extenuate such Actionable words must be full and clear and not ambiguous 2 That the words that must qualifie and correct must be such as doe not contain any matter of slander in them And 3 Some make a question of such kind of words where they are subsequent to the Actionable words and are brought in by the word And as you are a Theef and you have stoln my Apples out of my Orchard and in this case they argue that they are additional and cumulative and shall not correct at all as they shall when they are brought in by the word For as you are a Theef for you have stoln my Apples c. But sée more of this hereafter Coo. 4. 19. Hobb Rep. 97. 381. 406. Stiles Rep. 115. 135. New Book of Entries 22. 6. Croo. 1. 351. Godb. Rep. 89. Huttons Rep. 65. 109 110. For the twelfth thing That the words must be spoken in an extrajudicial That the words be not divulged in a course of Justice way for if a slander shall be raised and spread only by occasion and the means of a prosecution by one that doth but pursue the course of Iustice in an ordinary way of Iustice no Action will lye for this for in this it is held for a rule That for a Suit or any other legal procéeding in a course of Justice if it be not out of malice and touch not a mans life no Action will lye and therefore this Action will not lye against a man for bringing a Writ of Forger of false Deeds nor for preferring Articles against Forgery a man to a Iustice of Peace to have the good behaviour against him nor for the prosecution of a suspected Felon by indictment as there is cause and yet if in this case the prosecution shall prove to be malicious as where an Indictment is preferred against a man for Felony or the like and there
is a corrupt Officer or hee is a corrupt Man if it be spoken with reference to For matter of corruption his Office Coo. 4. 14. 16. 19. So for this Hee gave a corrupt sentence in such a cause Popham Rep. 35. Popham 177. Hobb Rep. 35. So for this Hee doth not administer true Justice Croo. 1. part last publisht 358. So for this He dealeth corruptly So for this Hee is a false Judge or hee is a false Justice of Peace or hee taketh bribes Coo. 4. 16. Broo. 112. So for this Hee is a lewd Justice of Peace Croo. 1. part last publisht 158. So for saying of such a one Hee is a Felon or hee is a common Barretor Fellon Barretor Champertor Maintainer of Suits Extortioner or hee is a common Champertor or hee is a common Maintainer of Suits or hee is an Extortioner or hee hath committed Extortion or the like Hobb Rep. pl. 145. 188. Goldsb and Brownl 11. 30. Ass 19. Popham Rep. 35. Kitch 173. So for this Hee is a Basket Justice a partial Justice I will give him five pound a year for his gifts about Justice matters And yet it is said in this Case that none of the words but partial Justice are actionable Croo. 2. 90. So for this Hee took forty shillings for a bribe Yelvertons Rep. 142. So for this You have extorted twenty shillings above your due fees Stanleys Case Pasche 14. Jac. Coo. 10. So for saying of such a Iudge or Iustice Hee covereth and hideth Felonies and is not worthy to be a Judge or Justice of Peace So for this you cover and hide felonies Dyer 72. Stuckleys Case Pasche 7. Jac. B. R. Coo. 4. 16. So for this There is a Nest of Theeves in Dale and Sir John Bridges is the maintainer of them Pophams Rep. 180. So for this You out of malice and spleene have perverted Justice and have wrested the Law many times to serve your own turn And in this Case there was no Averment made in the Action that the words were spoken with reference to his office Beamond versus Sir Henry Hastings Averment Mich. 7. Jac. B. R. Bulstr 1. part 96. Croo. 2. 241. So for this Hee is but a half-eared Justice hee will hear but on the one side Croo. 1. 162. So for this Hee can hear but with one ear Chomleys Case Hetley Rep. 123. So for this You are a sweet Judge or Justice of Peace you sent your Warrant for J. S. to be brought before you for suspition of felony and afterwards sent J. D. to give him warning thereof that hee might absent himself Burton versus Tokin Croo. 2. 143. 413. So for saying these words I have been often with him for Justice but never could get any at his hand but Injustice Croo. 1. 9. So for this You are an Ambodexter and you take mony on both sides M. 2. Jac. B. R. Dawtries Case So for this Sir William Buttons men have stoln sheep and hee spoke to mee not to prosecute them Popham Rep. 180. So for this Hee hath been the cause of the over-throw of a hundred men by false and subtil means In Brownl 2. part 299. March Rep. 8. So for this A. being arrested as accessary of Felony Mr. Stafford Innuendo the Plaintiff knowing thereof discharged him by agreement of Sect. 2. three pound to which Mr. Stafford was privy whereof thirty shillings was to be paid to him and was paid to his man by his appointment Trin. 36. Eliz. B. R. Croo. 1. part last publisht 536. So for this Hee hath received mony of a Theef that was apprehended and brought before him for the stealing of certain sheep to let him escape and to keep him from the Gaol Pasche 17. Eliz. B. R. Brownl 1. part 11. Cottons Case So for this said of a Iudge that had given his sentence in a Cause betwéen the Defendant and another That the same sentence given by the Plaintiff Innuendo c. was corruptly given Croo. 1. last publisht 305. So for this Mr. Gilbert hath done mee wrong in returning the Recognisance of Podger in twenty pound where it was taken in ten pound and the Sureties in ten pound a peece Pasche 4. Jac. Gilberts Case B. R. So for this Thou hast forged a Recognisance taken before Fisher and others Croo. 1. part last publisht 883. So for this said where upon Articles upon Oath before the Iudge or Iustice against mée I say By your means I had wrong at the Sessions for you caused Hickman to swear against mee that which was not true Innuendo the said Oath Croo. 2. 308. Yelvertons Rep. 221. So for this Mr. H. did put in of his own head these words into an examination taken by him viz. J. S. did steal twenty sheep of such a mans And for saying this further of the Iustice Hee is a debauched man and not fit to be a Justice of Peace But it was said the Action did lye for the first and not for the last words Stiles Rep. 22. So it séems for this where one is arraigned and acquitted of a Felony and the prosecutor shall say if A. and B. had done Justice C. had been hanged for robbing mee And that for this A. B. and C. may have this Action For Matter of Ignorance This Action will lye for saying of a Iudge Iustice of Peace or such like Officer He hath no skill in his office Hill 16. B. R. But this Action will not lye for such a person where a discourse is about For other Matters him as to his body and health and therein one of them shall say Hee is a corrupt man Nor where the discourse is about his Estate and therein one of them shall say Hee is a Bankerupt Nor where a discourse is about his Words of Qualification Vsury or his fraud in an executorship and therein one of them shall say Hee is a corrupt man or hee is a false man or the like And therefore in these and such like Cases where the Plaintiff shall set forth but part of the words of the conference the Defendant must set forth the occasion of the words by the rest of the conference Coo. 4. 14. But if the words bee spoken without any such references as in the Case before they will bée Actionable for they shall bée so intended and taken in the worst part Hob. Rep. pl. 351. Nor will this Action lye for this You do openly maintain and countenance the worst people against Gods Laws and the Queens Croo. 1. part last publisht 297. This Action also will lye for such an Officer for this Hee is not worthy Hee keeps a Baudy house to bee in such an Office for hee keeps a common Baudy-house in London Simpsons Case Bulstr 1 part 138. So for this said to such a one You are no true Subject Or for this said to his man Thou servest a Master that is no true Subject Croo. 2. 202. So for this Hee and
Court of Wards these words Mr. Deceiver hath deceived and cozened the King and dealt falsly with him Sir Miles Fleetwoods Case So to have said of an Auditor Hee was a frauditor and had deceived and cozened the King Hobb Rep. 375. So to have said this You have Sect. 6. Cozening received money for the Ingrossing of Foedaries and I will prove that to bee cozening and you are a cozener and live by cozening Winches Rep. 40. This Action will lye for saying to a Steward of a Court That he hath Of a Steward of a Court. been the cause of the overthrow of a hundred men by his subtil means Yelvertons Rep. 142. 143. So for this Hee hath taken a bribe of forty shâ—llings Yelvertons Rep. 142. Taken Bribes But it will not lye for saying of a Steward to a great man of his Courts and one that hath béen much trusted by him Hee is a notorious lyer and couzoner and hath deceived the Parishioners of H. of five hundred pound Couzener and I will teach him to couzen mee of my house Croo. 2. 619. This Action will lye for saying of a Steward of a Court Léete and Court Baron Mr. Carve hath put a presentment into the Jewries Verdict against mee of three shillings four pence for suing of Peter West forth Forgery of the Court without the consent of the Jewry M. 4. Jac. B. R. Carves Case But this Action will not lye for an Arbitrator chosen by consent to end a matter of difference betwéen men That hee is a corrupt man or that hee Of an Arbitrator dealt corruptly in the making of such an award or the like by Williams Justice But such words spoken to a Iudge or Iustice of Peace will give an Action of an Action This Action will lye for an Attorney or Clerk of the Court or such like Officer for saying of him at large or in relation to his office the Of an Attorny words in the Cases hereafter following that is to say for this Hee is a bribing Knave Hobb Rep. pl. 17. Coo. 4. 16. For corruption and dishonesty So for this Hee hath taken a bribe of forty shillings Yelverton Rep. 143. 412. Hobb pl. 17. Golsdb 6. So for this Hee is a bribing Knave and hath taken twenty pound of Bribing A. to couzen mee So for this His credit is fallen hee dealeth on both sides Noys Rep. 10. Mich. 41. 42. Eliz. Co. B. Kings Case Sect. 7. So for this Hee is an Ambodexter Godb. Rep. 214. Finches Law 186. So for this Hee hath taken mony on both sides in Suits So for this Hee takes mony on both hands in Suits So for this Hee took mony on both sides in a Cause between him and mee M. 2. Jac. Dawtreys Case B. R. So for this Hee is good Attorney but hee will play on both sides Brownl 1. part Croo. 1. part 166. So for this Hee is a paultry fellow his credit doth begin to crack hee doth deal on both sides and deceive many that trust him But for the last words only hee doth deal c. is the Action grounded Croo. 1. part last publisht 914. Noys Rep. 11. So for this in the North Hee is a Daffidowndilly which there is an Ambodexter Hetleys Rep. 123. So for this Take heed and follow him well for hee will make you throw your purse over your bosome Winches Rep. 40. So for this Hee is a base Rascal and I say I will make him to lose his ears and I will teach him or any Lawyer of them all to have a Writ served on mee Leys Rep. 170. 176. So for this Hee hath been the cause of the overthrow of a hundred men by his subtil means Yelvertons Rep. 142. 143. So for this Hee is a false practiser Pasche 17. Jac. Moores Case So as some say for this Hee is a false Attorney So for this Hee is a couzening Attorney Hetleys Rep. 140. 141. So for this You are a dishonest man in your profession Noys Rep. 11. 7. So for this Thou didst disclose thy Clients Counsel to his Adversary Trin. 17. Jac. Andersons Case So for this Hee revealed the secrets of my Cause So for this Hee did deliver my Evidence to my Adversary So for this Hee did disclose my Counsel Croo. 1. part last publisht 158. So for this You are well known to be a corrupt man and to deal corruptly But in this case the words must have reference to his Calling for if they were occasioned by spéech about him as a Vsurer or about an Executorship and his ill dealing therein no Action will lye for such words Coo. 4. 14. Finches Law 186. Godb. 214 Croo. 1. part 196. It is said it will not lye for this Hee is a forger of Writings and deserveth Forgery to lose his ears Nor for this Hee is a forger of Writings by which hee hath couzened fatherless children Winches Rep. 90. 91. Quere of these Cases For they import a very foul charge But it is said it will lye for this Thou hast forged the Will of J. S. Huttons Rep. 29. And yet doubted whether it will lye for this Thou hast forged Writings for which thou shouldest lose thy ears Bulstr 3. part 265. So for this Hee hath forged a Sheriffs Warrant shewing what it was Brownl Rep. 4. But it will not lye for this He made false Writings Winches Rep. 40. Nor for this You were cooped up for forging of Writs Nor for this Hee gets his living by false Writs Croo. 1. part 195. For this Quere But this Action will lye for this If a Suit be betwéen A. Couzening and B. and B. say to A. Your Attorney is a bribing Knave and hath twenty pound of you to couzen mee Mich. 1. Jac. B. R. Yardlies Case So for this Thou didst couzen J. S. of his fee and I will sue thee for it in the Starr-Chamber Brownl 1. part 2. 3. 6. 7. part 2. 253. So for this Hee is a couzener and couzens his Clients in the Sheriffs Court at London where hee is an Attorney and was for that cause discharged of that Court Croo. 1. 190. 192. So for this Thou art a false couzening Knave and hast gotten all that thou hast by couzenage and thou hast couzened all those that have dealt with thee Croo. 2. 586. So for this Hee is a base Rogue and cheating Knave and doth maintain himself his wife and children by cheating Croo. 1. 171. So for this Hee is a couzener and hath couzened mee of twenty shillings Hetleys Rep. 123. So for this Thou art a couzener and hast delivered couzening Bills Hetleys Rep. 123. But it will not lye for saying He is a Cheater Hetleys Rep. 139. Croo. Cheater 1. 139. It will lye also for this Thou art a couzening Knave and gettest thy Sect. 8. living by extortion and didst couzen one Pidgeon in a Bill of costs of ten pound But for the last words only and not for
by adding Innuendo the French-Pox So where the words are hee took my mony from mee with a strong hand Innuendo Feloniously So where the words are the servant of J. S. who hath many servants is a Theef Innuendo his servant J. S. So one neer about J. S. is a Traitor Innuendo J. S. In these cases the Innuendo will not make these words otherwise unactionable thereby actionable Coo. 4. 17. 20. Owens Rep. 58. Hobb Rep. pl. 3. 48. Goldsb and Brownl 7. 9. So if the words be of a double and indifferent meaning and in the one sense actionable and in the other not actionable this will not make them actionable or if the words be incertain of themselves or in the person of whom they are intended an Innuendo will not make them certain and actionable Mich. 6. Car. 1. B. R. Hobb Rep. pl. 4. 48. Croo. 1. part last publisht 496. 497. 4 Where the Action is for words by which a Marriage is lost it is not enough to say intendebat or conatus fuit to have such a woman But hée must say Quod colloquium habitum fuit de Matrimonio Bulstr 2. part 276. As to this of Averment these things are to be known 1 That if the Declaration be for these words That J. S. hath killed a Of an Averment in the Declaration Sect. 3. man that it is not necessary to aver that the man is dead Winches Rep. 40. Bulstr 1. part 42. So if the words be for which the Action is brought Thou hast robbed my Son or stoln my Horse there will not néed an Averment that hée had a Son or that hée was robbed or that hée had a Horse Winches Rep. 40. Bulstr 1. part 42. Noys Rep. 55. 63. 116. Winch. 70. 98. 3 That where the words spoken for which a man brings an Action do Sect. 3. import a scandal of themselves concern him and may indanger his life liberty or member there néed not to be an Averment of any special losse by them And therefore for calling of one Traitor Theef or the like there will not néed an Averment of any losse by it to be mentioned in the Declaration as where the Action is for calling of one Bastard or the like March Rep. 1. So where the scandal is about a mans Office or Trade so it is also where it doth charge a man with such a disease that must separate him from the society of men But in other cases generally there must be an Averment of special damage And it is best in most cases to aver it if the case will bear it March Rep 59. pl. 93. Brownl 1. part 10. 13. and 2. part 100. 129. Mich. 17. Car. B. R. And so it is also for words spoken that are not in themselves actionable of a man or woman whereby hée or shée loseth a Match Office Service or Preferment hée or shee stands for and is like to have there must be an Averment of a special losse by it to maintain the Action and warrant the Declaration Pasche 5. Car. B. R. Axes Case Trin. 17. Car. 1. Co. B. Sandersons Case So also for any words of passion that may arise to be actionable as to call one Rogue Villain or the like these Actions must be made up by a special Averment Coo. 4. 15. So for any words that are called spiritual to make them actionable it must be by a special Averment of losse Coo. 4. 17. 4 If the Action be laid for saying of these words Thou hast killed J. S. it need not in this case be averred that J. S. is dead Adjudged B. R. Coo. 4. 16. Hobb pl. 11. And yet this hath béen denied and the contrary maintained by some March Rep. 109. pl. 187. 5 If the Slander be upon a report it must be averred in the Court that there was no such report made Hill 4. Jac. B. R. Lady Morrisons Case Pasche 42. Eliz. Co. B. Morleys Case As if the Declaration be for this That A. B told mee that D. the Hostler and hee stole such a mans horses hée must avert that A. B. did tell him so otherwise if A. B. did not tell him so the Action will not lye 42. Eliz. Co. B. Mowl versus Skebington Lord Lumleys Case 10. Eliz. March of Slanders 2. part 13. 6 The Brother of the Defendant spake these words to the Plaintiff Thou Theef thou Gaol-whelp c. And after this the Defendant said That which my Brother spake is true I will justifie it In this case it was agreed that there must be an Averment that he had notice of his Brothers words Brownl 2. part 100. 7 That the word Scienter is a necessary word in some Declarations Godb. Rep. 8 That where the Action is brought for such strange words as these Thou hast strained my Mare thou art mainsworn or the like hard words there néeds no averment what the sense thereof is in the Country where they are used but it may be proved by witnesse at the Trial. And yet some say otherwise the sure way is to do it by the Declaration March Rep. 18. Croo. 1. 96. in Hughes Rep. page 37. And so it seems is the Law for a slander in another tongue Hobb Rep. 165. 268. pl. 236. March Rep. 18. Bendloes Rep. 134. Stiles Rep. 263. Pasche 7. Jac. B. R Coo. 4. 25. 9 That if the Action be brought for saying of the Plaintiff Hee was in the Gaol at S. for robbing c. it néed not be averred that hée was not in the Gaol and yet it is the safest way so to set it forth Sprat and Haines Case If one sue for this said Hee that dwells in the next house to J. S. one R. L. did rob mee hée that sues upon this must averr hée dwells in the next house to J. S. Pasche 7. Jac. Clerks Case B. R. So if it be for these words Pritchards man robbed mee hée must averr hée is Pritchards man Coo. 4. 16. Hobb Rep. 16. Brownl 1. part 13. and 2. part 100. 11 That in all these Actions for words where there is any thing that is the cause or ground of the Action or tends necessarily to the maintainance of it in such Cases the Action is not maintainable unlesse that thing be expresly averred to be or not to be as the Case requireth As if it be brought for this Whosoever is hee that is the falsest Theef and the strongest in the County of Salop whatsoever hee hath stoln or whatsoever hee hath done Thomas Haselwood is falser than hee In this Case it was resolved that an Averment must be made that there were Felons in the County of Salop or the words will not bear Action for if there were no Felons there which shall rather be intended then is it no slander Hobb Rep. 309. Pasche 1. Jac. B. R. So also if the words be That hee is as very a Theef as any is in England that in this Case it is held that there must be
was imprisoned for it or that the common fame was that he did it Dyer 236. Broo. 127. New Book of Entries 26 27. Nor can one justifie the charging of one with Felony after hée hath a pardon Hobb Rep. pl. 106. 11 If in this Action the Plea be not guilty and part of the actionable words only be found this will maintaine the Action But if the Defendant take a Traverse to the words Contra. Noys Rep. 134. 12 The Action was for this Thou didst keep and sell by false weights and in twenty four shillings bestowing thy weights were false two ounces and thy man will bee a witnesse against thee and I will prove it The Defendant justified in pleading that the Plaintiff kept a Shop and used unlawful weights and by such weights sold by reason whereof hee said these words viz. Thou didst keep and sell by unlawful weights and in twenty four shillings bestowing thy weights were false an ounce and three quarters and thy man c. and traversed the words in the Declaration and it was adjudged a naughty Traverse for that the words in the Barre and justified by the Defendant are acionable Goldsb and Brownl 5. 13 The Action was brought for this word perjured The Defendant justified that it was found by Verdict that the Plaintiff was perjured but no Iudgement was entred upon that Verdict and it was adjudged no Barre because no Iudgement was given in the first Action Goldsb and Brownl 11. 14 That where the words may be justified Ex causa dicendi there the Defendant may if he please take the general issue not guilty Modo forma c. and give in evidence of the coherence occasion or connexion of the words or he may as the cause shall require justifie the speaking of other words and traverse the speaking of the words in question and upon the evidence have the words specially found 15 And when the matter in fact will serve for the Defendant albeit he may suppose that the Plaintiff hath no cause of Action yet is it not safe for him to hazard his Case upon a Demurrer but first let him take his advantage of the matter of Fact and leave the matters in Law which arise upon the matters in Fact to the last for after trial the matters in Law shall be saved to him Coo. 4. 14. Sée more Croo. 1. part last publisht 239. 492. As to this question three things are to be known What shall bee said a sufficient Verdict of a Jury herein upon which Judgement may be had 1 That where the Action is laid for saying I know him to be a thief and the Defendant pleaded other words Absque hoc c. And the Iury doth find it thus I think him to be a thief this will not be a good Verdict to give judgement upon Hobb pl. 213. 2 That where the words are laid to bee spoken thus That Nicholas Fenner procured eight or ten of his Neighbours to perjure themselves the Defendant pleads not guilty and the Iury doth finde that the words are thus That Nicholas Fenner had caused eight or ten of his Neighbours to perjure themselves it is doubtful whether this be a good Verdict to give judgement upon or not M. 4. Jac. B. R. 3 That where the words are said to be thus That John Barber and his Children be false theeves men cannot have their Cattle going upon the Common but they will kill and eate them c. and the issue is joyned whether the Defendant spake the words modo forma c. and the Iury doth finde the words spoken to be thus viz. Men cannot have their Cattle c. but they doe not finde the first which are the only Actionable words to be spoken this is not a good Verdict to have a Iudgement for the Plaintiff for the words found are not Actionable Dyer 118. 4 That where the words are laid to be spoken thus A. is a Thief for he hath stollen a Lamb from A. and Geese from B. and killed them in my ground the issue is whether the words be spoken modo forma c. and the Iury finde that the words spoken were thus That the Plaintiff was a thief for he hath stollen a Lamb from A. and killed it in my ground and nothing said of the Géese this is good enough to warrant the Declaration and to give him a iudgement upon it Hill 3. Jac. B. R. 5 That where the words are laid to be thus Burges is a maintainer of Theeves and a strongthief himself and the issue is joyned upon the words Modo forma and the Iury finde all the words but the word strong this is a sufficient Verdict to ground a judgement for the Plaintiff and by these Cases we may observe That if the Action be brought for more words than are found yet if there be some of the words that are actionable found it is well enough Dyer 21. 75. And so it is if the Iury finde other words than those that be in the Declaration if they doe not finde withall so much of the actionable words for substance as are set forth in the Declaration Croo. 2. 407 408. 6 Where an Action is brought for words some whereof are and some are not actionable and the Iury assesse damages for all together this will bee error And yet if words bee spoken at several times and the words spoken at one time are actionable and the words spoken at another time are not actionable but they have reference to the former words in this Case the damages may be assessed for both entirely and good Croo. 1. 238. And yet if an Action be brought for calling of one Murtherer Blood-sucker Villain Rogue Bankerupt some of which are and some are not actionable and the damages bee assest by the Iury entirely this will bée good enough and it shall be intended to bee given only for the actionable words Croo. 1. 238. 7 Where words are spoken at several times and some are actionable and some not and two Actions are brought for them and both are found for the Plaintiff and damages are given entirely this is not good But otherwise it is where one Action is brought for words actionable spoken at one time and words not actionable spoken at another time for there it shall be taken to be given for the actionable words only Bulstr 3. part 283. yet see the contrary in Coo. 10. 131. Jenk Cent. 8. Case 89. Croo 1. 471. Hobb Rep. 6. Jenk Cent. 7. Case 70. Croo. 2. 343. 8 The Plaintiff declares that the words are spoken Falso malitiose and the Iury finde that they were spoken Falso injuriose this is not a good Verdict for the Plaintiffe to have a Iudgement upon it Trin. 7. Car. 1. B. R. 9 The Declaration was for calling of J. S. thief and the Record of Nisi prius was quod predictus W. dixit de prefat I. S. haec scandalosa verba c. prefat W. Innuendo
opinion the other Iustices did incline but this was only upon motion Croo. 1. part last publisht fol. 214. Case 49. Action for these words Thou hast sought the blood of thy Husband Charge of Murder and wast his death for if thou hadst been an honest woman hee had been alive yet And averrs in facto that her Husband was killed it was moved the Action lyeth not for it is not said shée did any unlawful act and Averment it was cited to be adjudged Mich. 18. 19. Eliz. that for these words Thou wert the death of J. S. Action lyeth not for it may be by grief but it was ruled here that the Action lyeth for they shall be taken to be spoken in malam partem and it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 239. Case 50. Action for these words ss Aid mee to Stoner for I have Felony to Charge indirect lay to his charge for hee would have robbed mee After verdict for the Plaintiff it was alledged in arrest of Iudgement that the words are not actionable for perhaps the saying I have Felony to lay to his charge of themselves are actionable but when hée saith further for hee would have robbed mee they prove no Felony but extenuate the first words and shew what hée did intend and the last words are not actionable for to say One would have robbed mee an Action lyeth not without shewing Intent or will to do a Felony some overt act put in ure which is Felony or cause to binde one to his good Behaviour for though hée had an intent peradventure hee repented of it and did no evil act And Lea cited a Case adjudged in 27. 28. Eliz. inter Tuttle Osborne that these words scilicet thou wouldest have murthered mee are not actionable and for this cause the Court inclined that an Action did not lye Sed adjurnatur Croo. 1. part last publisht fol. 250. Case 51. Action for words ss My Lord President of the North shewed Mr. Stapleton his hand set to a Book whereby hee had consented to the late Charge of Treason Rebels of the North but by the means of Mr. Fairfax my Lord President was perswaded and the matter suppressed after verdict for the Plaintiff it was moved in arrest of Iudgement that an Action lay not for it is not said that hée consented to the Rebels but that his hand was set to a Book whereby hée did consent c. but sheweth not who set to his hand it might have béen done by another Also it is not said hée consented to them in their Rebellion but the consent may be in some other matter nor that hée knew they were Rebels Also it appeared not in what they were Rebels if in Treason or only upon processe of Rebellion Cura contra in omnibus for it cannot be his hand if hee himself sets it not to the Book but another may write his name and when hée said hée consented to the Rebels and shewed not any certain person this cannot be otherwise intended but that hée consented to all the Rebels in their Rebellion but if hée had said That hee consented to A. and B. which were Rebels this peradventure may be intended that hée consented to them in some other matter as it was ruled 26. Eliz. inter Brown Lisle where the words were Hee was confederate with Campian the Jesuite no Action lay for it is not said hée knew him to be a Iesuite nor in what matter hée was confederate with him and in this term it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 251. Case 52. Action for these words Mr. Winckfield you never thought well of mee since Graves did steal my Lamb adjudged actionable although it Charge of Theft was alledged in arrest of Iudgement that it was not a direct affirmance that G. R. did steal it Croo. 1. part last publisht fol. 289. Case 53. Action for words and declared that the Plaintiff was an Inn-holder in Inn-holder D. the Defendant spoke these words Thy house is infected with the Pox and thy Wife was laid of the Pox adjudged actionable for it shall be intended Infectious disease the great Pox and if it were the small Pox yet they were actionable for it is a discredit to the Plaintiff and guesse would not resort thither and it was adjudged for the Plaintiff and fifty pounds damages given Croo. 1. part last publisht fol. 289. Case 54. Action for these words Thou art falsly forsworn in Bell Court Innuendo About Perjury a Court Baron held at Bell per Curiam with this Innuendo the Action did lye otherwise not Croo. 3. part last publisht fol. 297. Case 55. Action for these words Thou art forsworn and perjured the Iury found About Perjury a special verdict that the Defendant said the Plaintiff was a forsworn fellow to whom the Plaintiff said will you say I am perjured the Defendant said yes if you will have it and the Court conceived that upon this matter an Action did not lye and it was adjudged for the Defendant Croo. 1. part last publisht 297. Case 56. Action for words for that whereas the Plaintiff was a Iustice of Peace Justice of Peace the Defendant said You do openly maintain and countenance the worst people against Gods Laws and the Queens after verdict it was moved that an Action did not lye for these words for it is not shewn who these people are which hée intended were the worst people viz. Rogues Hereticks or the like and it is not shewn that hée did know them to be such persons nor in what hée did maintain them and of that opinion were Fenner and Clench but Popham Chief Iustice contra for they sound to his discredit and hée said it was adjudged upon good deliberation in a Case betwéen Sir Henry Portman and Stowell that for these word Thou maintainest such Charge of Maintainance a Suit an Action did lye for maintainance is unlawful and odious and it is here alledged to bee spoken malitiose and cannot bée intended but hée maintained them in their naughtinesse and afterwards Mich. 35. 36. Eliz. the Case was moved again and it was held by the whole Court that the Action did not lye for the words are too general to maintain an Action Croo. 3. part last publisht fol. 297. Case 57. Action for these words Thou art a perjured Knave for thou swarest Charge of Perjury this day at the Leet that I bake bread in my house where I did not after verdict for the Plaintiff upon not guilty pleaded it was moved that an Action lay not for these words for perjury cannot 〈◊〉 a Léet whereof the Law takes any notice but all the Court held that the words were actionable for although it bee not a perjury punishable by the Statute of 5 Eliz. yet it is a discredit for which an Action lyes wherefore it was adjudged
all the Court held that the Action will lye for hic ille make a demonstration what person hée intended and it is also alledged that hée spake de querente those words c. The words also quod palam publice promulgavit imply quod fuit in praesentia auditu c. for it is not palam unlesse it be in praesentia auditu aliorum wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 861. Case 68. Action for words and declares that the Defendant spake these words in Charge of Murder in Welsh words Welch reciting them particularly signifying haec anglicana verba thou hast murdered my Wife after verdict and Iudgement for the Plaintiff errour was brought and assigned in hoc that it is not averred that the words were spoken in the company of Welsh-men or of such who understood the Welsh tongue but it is alledged that they were spoken in presentia auditu quam plurimorum subdictorum Dominae Reginae and the Action was brought in the County of Monmouth which was once parcel of Wales but was now an English County and all the Iustices and Barons held that for this cause it was erronious for it shall not be intended that any there understood the said tongue unlesse it had béen shewn and then it was not any slander no more than if one spake slanderous words in French or Italian an Action lyes not unlesse it be averred that some there present understood those languages as it was held in the Case betwéen Johns and Daux Mich. 38. 39. Eliz. in B. Reginae but because the damages were found to fifty pound and if the Plaintiff should begin de novo hée might not have peradventure so great damages they moved him to accept of ten pound and to make an end without further procéedings and so it was done and no judgement entred Croo. 1 part last publisht fol. 865. Case 69. Cut-purse Charge to receive stoln goods Action for these words spoken of the Plaintiff His Boy Innuendo one Ambrose Latham the Plaintiffs Wives Son hath cut my purse and hee knowing it hath received it it was moved that an Action lay not for these words but adjudged that it was maintainable Croo. 1. part last publisht fol. 877. Case 70. Action for these words Thou art a Rebel it was demurred upon Declaration and without Argument adjudged for the Defendant that the words Rebel be not actionable Croo. 1. part last publisht fol. 878. Case 71. Action for these words Thou art a pocky Knave get thee home to thy pocky Wife her Nose is eaten with the Pox it was moved after verdict Charge of an infectious discase that the words were not actionable for it shall not be intended by them that hée is infected with the French-Pox and otherwise the Action lyes not but all the Court held the Action was maintainable for the word cannot be otherwise intendible but that hée hath the French-disease for it is conceived hée is accused to have the same disease which his Wife hath and that the words purport that hée hath the French-disease by saying that his Wives Nose is eaten with them wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 878. Case 72. Action for these words Thou hast cut my purse therefore I charge thee Charge of Felony Cut-purse with Felony after verdict it was adjudged that the Action lay not for to say thou hast cut a purse without saying feloniously it appears not that hée had committed any Felony wherefore not actionable Croo. 1. part last publisht fol. 890. Case 73. Action upon the Case for these words used of the Plaintiff by the Defendant to one Street Go follow Suit against Willymote Innuendo the Plaintiff for stealing thy two Kine and hang him or I will hang thee Charge of Theft and on his further malice offered unto him if hee would exhibite a Bill of Indictment for stealing the Kine that he would procure him the value of two Kine and that hee exhibited a Bill against the Plaintiff c. after verdict for the Plaintiff upon not guilty pleaded it was moved that the Action was not maintainable But Fenner and Yelverton being only in the Court held that the Action was well brought for the bidding him follow sute against him for stealing thy Kine and hang him imports as much as that hee had feloniously stoln them otherwise hee could not hang him wherefore it was adjudged for the Plaintiff Croo. 1 part last publisht fol. 904. Case 73. Action for these words thou art a forsworn Knave and that I will prove Charge of Perjury for thou wast forsworn in the hundred Court Innuendo Stiverton hundred Court after verdict for the Plaintiff it was moved that the Action lay not for it doth not appear that it was a Court of Record nor any Court whereof the Iustice should here take any cognisance and of that opinion was the whole Court Croo. 1. part last publisht fol. 905. Case 74. Action for these words to J. S. the Plaintiffs servant thou hast a Traitor Traytor to thy Master Innuendo the Plaintiff adjudged that the Action lay it being moved after verdict in arrest of Iudgement Croo. 1. part last publisht fol. 906. Case 75. Trin. 11. Jac. B. R. Mathew versus Crasse In an Action of the Case for these words Thou art a Whore-master for thou hast layen with Browns wife and hadst to doe with her against a chair and set forth that by reason thereof Charge of Incontinency Spiritual Slanders hée lost his marriage c. ad damnum c. And it was objected that the words are not tryable here but examinable in the Ecclesiastical Court and therefore not actionable But it was answered and agréed by the Iudges that the Temporal loss makes it actionable as in the Case of a woman as where one is callad Bastard alone this is determinable by the Hee is a Bastard Ordinary but if he add further to entitle himself to be heir or shews some possibility of being heir this may make the words actionable Bulst 2. part 90. Case 76. Brian Nelson versus Staffe Pasche 15. Jac. B. R. An Action was brought in Slander of a Title Hindrance of preferment Bastard Co. Banco that whereas Thomas Nelson was and yet is seised of Land in fée to the value of one hundred pound a year and married to Elizabeth and had issue betwéen them the Plaintiff And whereas there was communication betwéen the Plaintiff and Mary Cividal concerning a marriage betwéen them and hee was offered with her six hundred pound that the Defendant of purpose to scandalize him and to hinder him of his said marriage speaking of the Plaintiff with J. S. said these words of the Plaintiff hath that Bastard Brian Nelson caused you to bee arrested is that all the spight the Bastard can do you By reason of which words he lost his
not an Obligation but a Writing only But they held that for saying Thou hast made a false Bond an Action lyeth not for that may be upon false instructions Secondly It was alledged that this issue was not good for there being a special forgery alledged it ought to be specially traversed But the Court held the issue to be well enough And if it were not good it is aided by the Statute 32. H. 8. Wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht 607. 7. Case 247. Action for these words which the Defendant spoke to one Gurney Bring mee to the Constables house for I am robbed this night and bring Charge of Robbery mee to Bonaventure Theobalds house to arrest him for old Theobalds Innuendo the Plaintiff setteth his Sons to rob mee Innuendo dictum Bonaventure quendam Johannem filium ipsius Anthonii from time to time The Defendant pleaded not guilty and found against him And after Verdict it was moved in arrest of Iudgement that the words were not actionable because it is not alledged that any of Anthony's Sons robbed him and it is but an intent of setting to rob and no Action done the words also are insensible But notwithstanding it was held by the Court that the words were very slanderous and that the Action was maintainable And so it had béen adjudged in this Court that one such lay in wait to murder mee c. Wherefore it was adjudged for the plaintiff Note errour Endeavour to do it was hereof brought because it is not precisely affirmed of the plaintiff But it is said old Theobalds and hee doth not name the plaintiff and an Innuendo will not serve whereupon it was reversed Croo. 1. last pub Innuendo 618 3. Case 248. Action for words whereas the Plaintiff was and is a Physitian that the Defendant intending to defame him and to prejudice him in his Art falso et malitiose spake of him these words Mr. Poe innuendo the Plaintiff hath Slander of a Physitian killed Mr. Pasfield of the old Jury with Physick quidam Johannem Pasfield late inhabiting within the old Jury and now deceased innuendo which Physick was a Pill and the Vomit was found in his mouth and D. Atkins and D Paddy quosdam Henricum Atkins Johannem Paddy Doctors in Physick Innuendo were there and found it so and it is true ubi re vera neither the said Doctor Atkins nor Doctor Paddy nor any other ever found any such thing to be committed by him et ubi re vera he never Administred any Physick unto him in Pills or otherwise c. The Defendant pleaded a concord in Barr which plea was ill pleaded as it was agréed on both sides whereupon the Plaintiff demanded And now Cook Attorney generall moved that an Action lay not for these words for it is not any slander to a Physitian to say of him that he had killed one with physick for he might do it involuntarily in not knowing the disease and no discredit unto him Popham and Fenner held that the Action lay not for it cannot be any discredit to a Physitian to say that he killed one with physick for it is an usual and common expression and it may be without any fault in him for they may mistake the diseases in their own bodies much more in others and apply wrong medicines which may be the cause of the Patients death and yet no discredit unto them But if it had béen that he scienter et voluntarie ministred Physick to one to kill him that toucheth him in his profession and the words had béen Actionable but not here And although it bee said that he never administred any physick unto him that is not material wherefore they without any argument on the plaintiffs side Clinch repugnate et Gaudy absente adjudged it for the Defendant Croo. 1 last publisht 620. 9. Case 249. Action upon the Case for that he spake quaedam scandalosa verba of the Plaintiff tenor quorum sequitur in haec verba thou art a Cousening Knave and a Bankerupt vel his similia the Defendant pleaded not guilty and found for the plaintiff and judgement uttered for him without privity of the Bankerupt Court and the Court being now moved therein held that an Action lies not And Walmsley said it was by reason of the word consimilia as it was Couzening Knave adjudged in Garters Case it is not good also for that it is said that hee spake divers words tenor quorum sequitur wherefore it was commanded that the Roll should be amended Croo. 1 part last publisht 654. 52. Case 250. Action for words viz. The Plaintiff was one of them that brake Mr. Philips house and did take and carry away part of the money that was stollen Walmsley held that an Action lay not for these words for where Charge of Burglary words are ambiguous so as they may bee expounded in good or ill part no Action then lyes for they shall be expounded in the best sence Incertainty in the words and it may bee here intended that he brake the house upon just cause and brought the money to another place upon just cause Wherefore c. And so was the opinion of the other Iustices Croo. 1. part last publisht 672. 33. Case 251. In Croo. 2. 144. This Action was adjudged to lye upon a Demurrer for this Thou art a Leprous Knave Taylor and Perkins Hill 4 Jac. Leprous Knave B. R. Sée Croo. 2. 430. Case 252. Action for these words Thou art a Pillory Knave remember Brown thou shouldst have been set on the Pillory and the Plaintiff had judgement Pillory Knave though it was not said He was set on the Pillory Brown and Dawks Mich. 24 25 Eliz. Co. B. Croo. 1. last publisht 11. And yet in Trin. 26 Eliz. B. R. in Smiths Case the Court was of opinion that for these words Thou art a Knave and a Pillory Knave no Action lyeth Croo. 1. part last publisht 31. And in Pasche 26 Eliz. Co. B. an Action was adjudged to lye for this Where is that bankrupt Knave where is that Pillory Knave with an averment that he was a Merchant of whom the words Averment were spoken Griffith and Morrisons Case Croo. 1. last publisht 26. Case 253. Action for this Thou wert a Suitor to a Woman in Southwark and didst couzen her of her goods and procured certaine false Witnesses to be Charge of couzening forged And after verdict the judgement was stayed for that the words are not actionable Engurst and Brown Trin. 30 Eliz. B. R. Croo. 1. last Forgery publisht 99. Case 254. Action for these words Thou hast used Jugling with me but thy Jugling Charge of Jugling and of Forgery shall not serve thy turn and thou hast forged a VVrit of Quare Impedit Innuendo a Writ of Quare impedit against him and the Bishop of Coventry and the Plaintiff had judgement