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
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
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
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
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
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
a Court before a Judge of Record So it do appear to be intended in a judicial procéeding in that Court Coo. 4. 15. 19. Noys Rep. 34. Croo. 1. 307. But it will not lye for saying thou art a false man Nor for this Thou art forsworn or thou art a forsworn fellow Croo. 1. part last publisht Hee is false forsworn 572. Owens Rep. 62. Croo. 1. 144. Coo. 4. 15. 19. Nor for this Thou art a false forsworn Knave Croo. 1. part last publisht 429. Coo. 4. 15. March of Slanders 2. 13. It will lye for this I will prove J. S. to be a perjured Knave Croo. 1. last publisht Croo. 1. 209. Croo. 1. last publisht 374. 500. Nor for this Thou hast taken a false Oath Nor for this Thou hast forsworn thy self Coo. 4. 15. Novs Rep. 3. 222. Or thus I will prove him to be a perjured Knave or I will bear his charges Croo. 1. part last publisht 429. It is said it will lye for this Thou hast taken a false Oath at the Assizes and art false forsworn Stiles Rep. 452. So for this Hee hath forsworn himself in the Common Pleas. Huttons Rep. 44. So for this thou wast forsworn at the Common Pleas Barr. So for this Hee is forsworn and perjured in swearing at the Common Pleas Bar Upon the deeds which hee had in his hand Hill 34. Eliz. B. R. Crews Cases Owens Rep. 13. So for this thou hast taken a false Oath or thou hast forsworn thy self in the Kings Bench Court Noys Rep. 34. Croo. 1. 307. So for this Thou wast forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Thou art forsworn in a Court of Record and that I will prove Croo. 367. So for this Hee hath forsworn himself in a Court Baron Huttons Rep. 44. March 1. part 56. So for this Hee is a perjured old Knave in the Court of J. S. Pasche 40. Eliz. Co. B. Hutchman and Southcots Case So hee hath forsworn himself in the Court of A. Coo. 4. 19. 15. Or in the Court Léet or in the Court Baron of A. Noys Rep. 3. Hobb Rep. 114. pl. 107. It is agréed to bee out of question that the Action will lye for these Sect. 2. words A. was forsworn in such or such a Court as in the Common Pleas in Hereford Assises in the Quarter Sessions of G. or in the Leet of J. S. But some doubt of this if the words bee that A. was forsworn at such a Court for this may bee in ordinary discourse and extrajudicially but others take the Law to bee alike in both For both these opinions see 38 39. Eliz. B. R. Willis Case 38 39. Eliz. Cockins Case It is said it will lye for this Hee hath forsworn himself and I le teach him the price of an oath for I will have his ears cropt Hetleys Rep. 63. So for this Hee is falsly forsworn before the Justices of Assise between A. and B. Hetleys Rep. 188. So for this Thou art a false forsworn knave and art indicted by twelve men for Perjury and thou hast compounded for the same Bendloes Rep. 155. Bulstr 3. part 304. So for this That Perjured knave I. S. stands Perjured upon Record at Guild-Hall London and I will prove it Bulstr 3. part 283. So for this Thou art a Perjured knave and standst Perjured upon Record for denying of thine own hand and I will prove it Bulstr 3. 283. So for this Thou hast forsworn thy self at London and there it appeareth upon Record Croo. 1 part last publisht 583. So for this Thou wert forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Hee is Perjured and I will prove him so by two witnesses without saying in what Court hee is Perjured Noys Rep. 61. Owens Rep. 62. So for this I will prove thee or I can prove thee Perjured M. 7. Jac. B. R. Roberts Case So for this I will prove thee a Perjured knave Yelvertons Rep. 160. So for this Hee is a proper witness hee will swear any thing hee hath already forsworn himself in the Chancery and was committed for it by the Lord keeper Goldsb Rep. 444. So for this said to al witnesse presently after hee comes out of a Court of Record wherein hee was sworn in a cause Hee hath forsworn himself And yet if it bee in a Cause wherein the speaker of the words is a party it may not bee Actionable Hughes Rep. 42. March 20. See Chap. 2. Sect. 9. Godb. Rep. 445. It will lye for this Thou Perjured Beast 18. Jac. B. R. Bensons Case So for this Thou Perjured Beast I will make thee to stand upon a scaffold in the Star-Chamber Croo. 2. 613. So for this spoken of one that is to bée a witnesse before a Iustice of Peace Thou hast been a contentious man this thirty years and a breeder of strife and hast taken a false oath against my Brother and Sister in a matter of innocency and hast taken twenty shillings for it and I will shew it upon Record Stiles Rep. 335. So for this when the Star-Chamber was Thou wast Perjured in the Star-Chamber So for this Thou wast committed for Perjury in the Star-Chamber Coo 4. 19. Hobb Rep. pl. 107. So for this Thou hast forsworn thy self or thou hast taken a false oath in the Leet of J. S. Harrisons Case B. R. Noys Rep. 34. So for this Thou wast forsworn or thou tookest a false oath in the Bishops Court at Exceter Hobb Rep. 346. or in the Court of the Consistory of the Bishop of Exceter Leonards Rep. 131. So for this Thou wast forsworn or thou tookest a false oath in the Quarter Sessions at Glocester 38. Eliz. Carlemains Case Coo. 4. 15. Hobb Rep. 346. 360. So for this Thou art a forsworn fellow for by thy false oath thou hast hanged as true a man as thy self 39. Eliz. Brooks Case Croo. 1. part last publisht 572. So for this Hee is a forsworn man and hath taken a false oath in his deposition at T. where hee waged his Law against mee Croo. 2. part 204. So for this spoken of a man that had preferred Articles against a man Sect. 3. to a Iustice of Peace to have the good Behaviour against him and taken his oath to them Hee made a false oath before the Justice of Peace and I have that in my house can prove it Croo. 1. 275. So for this Hee was forsworn before the Bishop of S. upon examination by him by vertue of a commission out of the Chancery But it is said it will not lye for this Hee was forsworn before the Bishop of S. Noys Rep. 3. So for this Thou art a Perjured person and thou wast forsworn in the Court of Requests and I will make thee to stand upon the Stage for it Croo. 1. part last publisht 135. Leonard Rep. 13. Foster and Thorns Case Or thou hast forsworn thy self in the Court of Requests
Huttons Rep. 34. So for this Thou art a forsworn knave and I will prove thee to bee forsworn in the Spiritual Court Croo. 1. part last publisht 6. 9. So for this spoken of one that had taken his oath before a Iudge upon Articles in the Kings-Bench Hee made a false oath before the Judge and I have that in my house to prove it Croo. 1. part 275. It is said it will lye for this Thou art a forsworn man in Westminster-Hall Sed Quere of this So for this J. S. hath forsworn himself and I will prove him Perjured or else I will bear his charges Croo. 1. part last publisht 429. So as it séems for this Hee was Perjured and will swear one matter to day and another matter to morrow Bendloes Rep. 304. This Action will lye in the North Countries where the word mainsworn Mainsworn is used and known for such words as these Thou art mainsworn or thou art a mainsworn man you are a mainsworn lad hee is a mainsworn and forsworn fellow or the like But then they must bee spoken in the hearing of some body that doth understand them but it néed not as it séems bee averred that it was spoken in the hearing of such a one nor Averment that the meaning of the word is forsworn c. But it is the safest way for the Plaintiff in his Declaration to aver the sense of the words in that Country Brownl Rep. 4. Hobb Rep. 8. Brownl Rep. 1. part 9 10 14 15. So it wil lye for this Hee hath forsworn himself before the councel of the Marches of Wales in the Suit I had against him there for Perjury and I will sue him for Perjury Hobb Rep. pl. 283. 560. Brownl 2. part 272. So for this Thou art a forsworn Jack in the court of A. Thou didst swear away twenty shillings from B. if hee Aver that the Court of A. is a Court Baron Croo. 1. part last publisht 348. So it will lye for this Hee was Perjured in the Kings Bench Court Albeit hee were never sworn there Coo. 1. parr last publisht 569. But it will not lye for saying Hee was forsworn in the Kings Bench for this is doubtful whether to bee taken of the Court or of the Prison called the Kings Bench. 41 42. Eliz. B. R This will lye for a Charge of Perjury upon a voier dire as well as upon an Issue for this is punishable by the common Law Mich. 7. Car. 1. Lawdries Case But this Action will not lye for this Hee is a proper witness hee will swear any thing Nor for this Hee is a false man But it will lye for saying Hee is a false Perjured man Godb. Rep. 88. 89. Nor for this Thou art a forsworn Knave and that I will prove for thou wast forsworn in the Hundred Court Innuendo Staverton Hundred Court Croo. 1. part last publisht 209. Nor for this A. hath but one Mannor and he hath gotten it by swearing and forswearing Coo. 4. 15. Nor for saying this to a man newly sworn in a Court You are forsworn without more words as saying in the testimony you have given or oath you have taken or the like Mich. 7. Jac. B. R. Cawdries case Nor for this as it séems Thou wert detected of perjury in the Star-chamber Croo. 1. part last publisht 371. It is said it will not lye for this Thou art a false forsworn Knave and General words and incertain Sect. 4. that I will prove for thou hast forsworn thy self against A B. in the Hundred Court because it doth not appear by the words that it was in any Suit wherein he was a witnesse Yelvertons Rep. 27. Croo. 1. 209. and yet this séems to be contrary to some of the fore-going Cases where it is said to be adjudged to lye for saying A man was forsworn in a Court Baron Huttons Rep. 44. It is said that it will not lye for this Thou art a forsworn Knave and was forsworn at H. Court Nor for this as it is said Thou art a false forsworn Knave and didst take a false Oath against me at a Commission at E. Innuendo out of the High Commission for an Innuendo may not enlarge the sense of Innuendo the words Huttons Rep. 44. Nor for this King is a false forsworn Knave and took a false Oath against me at a Commission at Witham because it did not appear whence the Commission came Noys Rep. 2. Nor for this said of the Side-man of a Parish Thou hast most perjuredly presented me at the Visitation before I. S. Official Yelvertons Rep. 72. Croo. 2. 80. 120. Nor for this Thou wert forsworn in Canterbury Court for no Court is so called Huttons Rep. 34. Nor for this Thou wert forsworn in Whit-Church Court Croo. 1 last publisht 609. Nor for this Thou art a forsworn man thou wert forsworn in Whit-church Court Croo. 1. 275. Nor for this Thou art perjured for thou art forsworn in the Bishop of Glocester his Court Croo. 2. 436. and yet in Croo. 2. 185. it is held to lye for saying of a woman Thou hast taken a false Oath in the Consistory Court of Exeter This Action will not lye for these words Old Apthorp is a perjured General and incertain words Knave for he did swear that such wood was worth forty shilliâ—gs whereas it was dear of a mark Bulstr 3. part 150. Nor for this A. is a perjured old Knave and that is to be proved by a stake parting the Land of A. and B. Coo. 4. 19. Nor for this I marvaile you would marry your Daughter to such a forsworn man Bulstr 1. 150. Incertainty Nor for this I know who spoke those words Winitte and Bell perjured Rascalls I mean to have their ears cut and tongues cut out for here being no Christian name Non constat de persona Bendlows Rep. 134. Nor for this Thou art forsworn and hast taken a false Oath at Hereford Assizes for this might be out of a Court in an ordinary spéech But if the words be He took a false Oath in Hereford Assizes it were more dangerous Pasche 15. Car. B. R. or it be averred to be in a Cause there then the Action will be maintainable Cro. 1. 209. March Rep. pl. 17. Nor will it lye for this He is detected for perjury in the Starre Chamber Coo. 4. 16. Nor for this Thou hast got thy living by swearing and forswearing Mich. 9. Jac. B. R. Some have said that it would have laine for this He hath delivered an untruth in a material thing in the Starre Chamber Croo. 1. part last publisht 583. And yet it is agreed not to lye for this Hee hath delivered an untruth in his Answer in the Chancery 38 39 Eliz. Browns Case Croo. 1. part last publisht 375. 500. yet it was said to bee agréed to lye for this He is forsworn in his Answer to Christmers Bill in the Chancery Croo. 1. 234. Noys Rep. 36. It hath
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
B. R. So for this he is no Lawyer So for this hee a councellor hee is a concealer of the Law Coxes Case Trin. 2. Jac. B. R. And yet it is held the Action will not lye for these words he is no Schollar or thou wast never any Schollar or thou art an ignorant man in general without reference to his office Or for this he is an Asse Cawdreys Case And yet it is said by some to have béen adjudged actionable to say of such a man he is an ignorant man Trin. 17. Car. 1. B. R. Sandersons Case But without question it will lye for saying of such a man hee is an ignorant man in the Law But it will not lye for this to say he hath no more Law than J. S. and J. S. is no Lawyer But it was said by Tanfield Iudge it may lye for saying of such a man For other Cases Hee hath the falling Sickness So it may lye for saying hee giveth bad council Croo. 1. part last publisht 403. It will not lye for saying of a Lawyer and Iudge of a Corporation Judge Court Hee is a Puritan knave a Precise knave a Bribing knave and I will make him answer for what hee hath done Popham Rep. 139. Nor for this You have lost your Clyents cause Hetleys Rep. 70. Nor for this you have send a counterfeit or a forged Deed Mic. 39 40. Eliz. Nor for this Hee mis-enters the name of his Clyent in his book Croo. 1. part last publisht 403. Nor for this Hee is a Drunkard or a Drunken fellow Nor for this Thou hast nothing but what thou hast gotten by swearing and forswearing New book of entries 22. Nor for this He is a Bankerupt March Rep. 8. But these things must bee added for the understanding of all these Cases Sect. 5. also 1 That hee that brings an Action for such words as these must set forth that hee was a Lawyer at the time of the speaking of the words 2 That in this Case where the words are in themselves Actionable there need not bee any Averment of any special losse by the speaking of them but if in truth the Case bee so it is best so to set it forth 3 That for some of the words herein set forth to bee Vnactionable if the party of whom they are spoken have any special damage by them there perhaps an Action may lye for some of these words 4 That such kinde of words as these are to bee regulated by the same general Rules of other Slanderous words that is they must bee false malicious certain and not lyable to qualification by other words spoken with them and the like or they will not bee Actionable It is said that this Action will lye for saying of a Sheriff Hee is an Extortioner Of a Sheriff Extortioner or that hee hath by colour of his office extorted twenty shillings above his due Fees But it will not lye for saying to the servant of the present Sheriff of the last years Sheriff Your Master must not look to have such hudling and shufling of matters this year as hee had the last year Croo. 1. part last publisht 849. Nor against an under Sheriff for this Thou art a cozening fellow as any Cozening in the country the last time thou wert under Sheriff as now thou art thou dâ—dst serve an Execution for a neighbour of mine and didst keep the money in thy hands Croo. 1. part last publisht 854. This Action will lye also for a Preacher a Parson of a Church for Of a Preacher or a Parson of a Church Sedition these words said of him Hee hath made a Seditious Sermon and moved the people to Sedition this day Coo. 4. 19. Pasche 24. Eliz. B. R. Phillips versus Badby So it is said it will lye for him for these words Hee hath had two Incontinency children by A. the wife of B. and I will cause him to bee deprived for it Parrets Case 38. 39. Eliz. Noys Rep. 64. Croo 1. part last publisht 502. And yet it is held that it will not lye for this said of him Hee is an Adulterer Nor for this Hee is a Whore-master Nor for this Hee is Drunkard Swearer Preach false Doctrine a Drunkard Nor for this Hee is a common Swearer Nor for this Hee is a Preacher of false Doctrine Stiles Rep. 49. And yet in Hill 1650. B. R. in the Case of Drake the Court did incline to give an Action for these words for saying of a Preacher a Master of Arts and an incumbent of a spiritual living Thou hast Preached lyes in the Pulpit Stiles Rep. 363. 364. And if a Preacher have any special damage by any such like words spoken against him in that Case doubtlesse hee may have this Action for his remedy To say of a School-master Put not your Son to him for hee will come Of a School-Master Of a Clarke of Assises Bribing away as very a dunce as hee went this Action will lye Hetleys Rep. 71. This Action will lye also for a Clerk of Assizes for saying of him Hee hath taken a Bribe of fourty shillings Yelvertons Rep. 142. 143. This Action will lye for saying of a Coroner Hee is an Extortioner Of a Coroner Extortioner Cozener and hath colore officii Extorted forty shillings But to say of such a one Hee is a cozening knave and hath cozened J. S. of his land is not Actionable See March 2. part of Slanders 4. This Action will lye for a Town-Clerk that is an Attorney and a Of a Town-Clarke Bribing Iudge in the Mayors Court for saying of him Hee took fourty shillings for a Bribe Godb. Rep. pl. 211. But not for this Thou hast made many false certificates for the Mayor and Burgesses in that court and the more thou stirrest the more it will stink For that no spéech was about his office when the words were spoken nor did it appear that the making of the Certificates did belong to his office nor Averment was it averred that hée knew them to bee false Huttons Rep. 123. Nor for this Hee is a common maintainer of Suits and a Plague of God Maintainer of Suits consume him I hope to see his body rot upon the earth like the carcass of a Dog and I will have him thrown over the Bar the next Term and I will give a Beech to hang him Brownl and Goldsb 15. It will lye for any Deputy of such officer as the King of Arms that Of the King of Arms. hath a Patent for his office and power by Commission to make a Deputy to inquire of matters about his office when hée hath done it to say of his Deputy Hee came and sate by force of a forged Commission and hee is a Forgery Scrivener and no Herauld Croo. 1. last publisht 329. This Action would have lyen for a receiver of the Court of Wards upon Of a Receiver or auditor of the
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
of Murder her by the hand and said thou and I will bee man and wife within a year and shortly after hee dispatcht his wife and rid her out of the way and in what case then stood I Case 26. It was the opinion of three Iudges that this Action will not lye for Charge of an infections disease saying Now that pocky drab doth wear a Scarf about her neck to hide her blanches they are a pocky and an unwholesome houshold and I would not eat a bâ—t on which shee breathed for twenty Nobles and women that talk with her put Aprons before their mouths But if their communication Pox. were about the French-Pox it were otherwise And yet if the Husband of this woman were an Iun-holder and lose his Guests by the Inne-holder words then the words were actionable And there it was said to be adjudged to lye for this Thou Whore thou pocky Whore Doctor Claytons Whore Mich. 44. 45. Eliz. Boddin and Jones But that it will not lye for saying Your Master hath lyen in Fullers Tub. Albeit hée averr Fullers Tub. that none lye there but such as have the French-Pox Case 27. It hath béen adjudged to lye for this I will justifie that Barnes is accessary Charge of Burglary Averment Indirect words of charge to the Burglary for which K. D. was hanged And that without any Averment that K. D. was hanged for such a Burglary Trin. 9. Jac. B. R. Barnes and Hunt Case 28. It was agréed by the Iudges that this Action would lye for this said of a Bankerupt Merchant Attorney slandered Merchant Hee is a Bankerupt and fled beyond Sea for mony And for this said of an Attorney He is an ignorant Attorney Trin. 9. Jac. B. R. Trulock and Morrison Case 29 It hath béen agréed that this Action will not lye for this Thou art a Hornsby Cuckoldly Knave Hornsby and a Cuckoldly Knave Trin. 9. Jac. Palmer and Palmer Case 30. Charge of Couzening It hath béen adjudged that this Action will not lye for this Thou hast couzened the Earl of Hartford as much as thou art worth Trin. 9. Jac. B. R. Tuck and Kirton Nor for this Thou art a couzening Knave and hast couzened all the Town of Coventry Case 31. It hath been adjudged to lye for this He is mean-sworn with an Averment Mean-sworn Averment Strained my Mare that it is taken in the place for perjury So for this Thou hast strained my Mare with an Averment of the acceptance of the word in the Country Case 32. It was held by two Iudges that this Action will not lye for this A. was Charge of Robbery robbed of twenty pound in Silver and one hundred Marks in Plate and Words incertaine Foord and Anne Long had it and by God will be hanged for it Pasche 9. Jac Foord and King Case 33. It hath béen adjudged that this Action will lye fo this Thou art a Knave Charge of Robbery and a Rascally Knave thou didst set on me in the High-way and didst take away my Purse from me Innuendo Felonice and I will be sworn to it Stoner and Holland B. R. Case 34. A. came to a Iustice of Peace and informed against B. for Misdemeanours Charge of Burglary and wrote these words A. doth charge B. that he did commit Burglary in breaking of my house And it was adjudged actionable p. 8. Jac. Pet and Finch Case 35. Coxe and Morton 44 45 Eliz. B. R. The Action was brought for these Charge of Perjury words Thou art a false forsworn Knave and that I will prove for thou hast forsworn thy self against Peter Rumbal in the Hundred Court and upon not guilty and Verdict for the Plaintiff it was adjudged against him that the words were not actionable for forsworn by it self doth not Forsworn import slander as perjured doth and because it was not shewed that there was any cause in the Hundred Court betwéen Rumbal and another Perjured wherein he was produced a Witnesse by which the word forsworn was induced and so it might have béen equivalent to perjured for it might bee in private betwéen them upon an oath out of Court that he might say hée was forsworn Yelvertons Rep. 27. Case 36. Shire and King 45 Eliz. B. R. The Action was brought by an Attorny Slander of an Attorney for these words Thou art a Paltry Fellow and thy credit is fallen for thou dealest on both sides and doest deceive many that trust thee And upon error brought it was affirmed that the words were actionable and shall be taken in Malam partem for they sound to no other purpose and yet he may be on both sides as an Arbytrator Yelvertons Rep. 32. Case 37. Sir John Harpur and Beamont Hill 2. Jac. B. R. The Action was Charge of an endeavour to Murder for these words I was at Sir John Harpurs house and John Harpur his Son drew me forth to see a Gelding and then Thomas Beamont did throw his Dagger at me twice and thrust me thorow the Britches twice with his Rapier to have killed me All this was done by the instigation of Sir John Hurpur and I can prove it And it was adjudged for the Plaintiff that the words were actionable Yelvertons Rep. 58. Case 38. Stile and Heape Mich. 3. Jac. B. R. The Action was brought for these Charge of Perjury against an Officer words Thou hast most perjuredly presented me at the Visitation against a Sides-man of a Parish one sworn to doe his office truly and to present the offences within the Parish And the Iudges opinion séemed to bée against the Action 1 Because he did not charge him precisely with perjury but by way of similitude perjuredly as if one say Thou hast taken my money thievishly Adjective words out of my purse or thou hast dealt treacherously with J. S. these words are not actionable But to say Thou hast dealt traiterously with the King perhaps may be actionable 2 Because the Plaintiff did not shew what presentment he made at the Visitation so that it might appear that what he did was within the compasse of his office for if he had presented any thing out of his office as that one was a thief or the like there is no perjury albeit it be false Yelvertons Rep. 72. Case 39. Harris and Dixon M. 3. Jac. B. R. The Action was brought for these words Francis Harris hath procured and suborned one Smith to come Subornation of Perjury thirty miles to commit perjury against his Father before my Lord of Winchester and gave Smith ten pound to that purpose upon not guilty and a verdict for the Plaintiff and it was moved and so agréed by the Court that the words were not actionable for it doth not appear that my Lord of Winchester had any Commission or authority to take an Oath and then it cannot be perjury for he is not a Iudge known
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
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