objected that the words were too general for shee might kill him by physick and it might not bee Felony Croo. 2. 306. Words general Case 214. Foxcrost brought an Action of the Case against Lacy and declared that Charge of Murder whereas Lacy and four others were Defendants in a suit concerning Conspiracies c. and that communication was moved betwéen John Walter and Richard Gwyn Esquires concerning the said suit that the said Defendant Lacy upon the said communication in their presence spake these words These Defendants meaning the Plaintiff and the other six are those that helped to Murther Henry Farrer meaning one Henry deceased who was murthered by one Thomas Gulfield who was hanged for it to the plaintiffs damage c. The defendant denyeth the words and found for the Incertainty in the person slandered plaintiff and Iudgement given error was assigned generally that the Iudgement should have béen contrary but Iudgement was affirmed for it was holden that it was sufficiently laid to entitle every one of the defendants to a several Action as if they had béen especially named Hobarts Rep. 119. Case 215. In the Exchequer an Action of the Case was brought by K. D. against Slander in another tongue Welsh W. T. for calling him Idoner in the Welsh tongue and did not aver what the word did import and yet Iudgement was given for the plaintiff and the Court took Information by Welshmen what the word meant in English And the like Iudgement in the Common-pleas and upon the like form of Declaration were found in search in the Common-pleas betwéen William Verch Howel against Evan George for a Slander in Welsh words Trin. 43. Eliz. rot 3024. and another Pasche 44. Eliz. Rot. 8034. And at this time Serjeant John Moore informed the Court that Iudgement had béen given in the Kings-Bench 6. Jac. in the Case of one Tuch Healer of Felons Averment upon these words thou art a healer of Felons without any averment how the words were taken because the Court was informed and took knowledge that in some Countries it was taken for a smotherer of Felons Hobb 155. Case 216. James Steward brought an Action of the Case against Bishop for saying Charge of Theft Indirect words of charge of him Innuendo c. is in Warwick Gaol for stealing of a Mare and other Beasts and after a verdict for the plaintiff upon divers motions in Arrest of Iudgement the whole Court gave opinion Seriatim that the words would not bear Action for they do not affirm directly that hee did steal the Beasts as if hee had said that hee stole them and was in Gaol for it but they do only make Report of his Imprisonment and the supposed reason of it and it may very well bee that the Warrant or Mittimus was for stealing expresly as is the common form of making of the Kalender of the Prisoners for the Iustices of Assize and the like Hob. 196. Case 217. Mich. 6 Jac. B. R. Frank. versus Alsop in the Exchequer Chamber upon a Writ of Error after a judgement given in the Kings Bench for these words I will prove thee a thief and a plotter of theevery and I I will prove thee a Thief will prove it by thine own Son or I will send him to the Devil And it was adjudged that the words were not actionable and therefore the former judgement was reversed Croo. 214. Case 218. Hill 5 Jac. B. R. Smith versus Turner for these words Thou art no true Subject to the King and that I will prove upon not guilty pleaded Treason and a verdict found for the Plaintiff upon motion for arrest of judgement it was adjudged against the Plaintiff and that the words were not actionable for they were too general and incertaine Croo. 2. 202. and Yelverton 104. Case 219. Mich. 5 Jac. B. R. Sir Tho. Holts Case for these words Sir Tho. Holt struck his Cook on the head with a Cleaver and cleaved his head the one part lay on the one shoulder and another part on the other upon not Charge of Murder guilty pleaded and a verdict for the Plaintiff but moved in arrest of judgement and adjudged by the Court that the words were not actionable because it was not averred that the Cook was killed but Argumentative for notwithstanding the wounding the Party may be yet alive and Incertainty in the words the slander that is actionable must be direct against which there may not be any intendment Croo. 2. 184. Case 220. Mildmay brought an Action of the Case against Standish for saying The Land was lawfully assured to John Talbot for one thousand six Slander of a title to Land hundred years and that he was thereof lawfully possessed whereas in truth some such estate was made but the same was not legally made nor was John Talbot thereby legally interessed in the Tearm for it was true that he had a limitation of such an estate by a Will which was the reason why he spake the words yet because hee took upon him the knowledge of the Law and did meddle with a matter did not concern him judgement was given for the Plaintiff Mildmay versus Standish Coo. 175. Case 221. Hill 4 Jac. B. R. Edwards Case for these words Thou art a Witch and Witch I will prove thee a VVitch And it was adjudged for the Plaintiff Croo. 2. 150. Case 222. Mich. 3 Car. B. R. Turners Case for these words Hee Predict quer Innuendo and one Allen are perjured Knaves upon not guilty pleaded Charge of Perjury it was found for the Plaintiff and it was adjudged for the Plaintiff albeit it were objected that Hee cannot refer to two persons and are perjured persons cannot be referred to one person but the Court held it well albeit it be false english for the sense appeareth and that it is not like to the Case where one saith that I. S. and I. D. is perjured or if one say to thee that one of you is perjured this is voyd for incertainty Croo. 2. 101 102. Case 223. Margaret Blisse who was in remainder after an estate in Tayl did Slander of a title to Land bring an Action on the Case against Edward Stafford for slandering her Title in affirming that A. had issue on B. who is alive and the Defendant pleaded not guilty and the Action adjudged by all But did abate for an exception to the Court Owens Rep. 37. Case 224. Hill 3. Jac. B. R. William Wisemans Case For these words that the Defendant said de praefato Querente existente fratri suo naturali My Brother praefat Querentem Innuendo is perjured Vpon not guilty Perjury pleaded and verdict for the Plaintiff it was after motion to arrest the Iudgement adjudged for the Plaintiff Although it were said that the words be incertain what Brother hée intended and it may be he had divers Incertainty in the person slandered Brethren and that the
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
keeping and concealment of Felons and goods stoln maintainest Pirates to rob upon the Seas Sée Croo. 2. 629. So it is said to be adjudged to lye for this Hee is a maintainer of Felons albeit hée doth not say that he knew them to be Felons or that he was a Justice of Peace Sir Henry Leas Case cited in Croo. 2. 268. Some Reports have béen of judgements in Cases for these and such like Charge of a man as an accessary to a Felony Sect. 10. words as these Thou receivest theeves thou keepest theeves thou keepest theeves about thee thou keepest theeves in thy house thou maintainest theeves in thy house Let me say it with reverence I cannot receive them as Law nor sée reason for them for such kinds of spéeches have not an import of any foul aspersion they are ambiguous why and how a man doth receive and kéep such men about him he may by occasion of businesse relation or other obligation have cause to kéep such men about him possibly he may not know them to be such or if he doe it is not against any Law to receive théeves or stoln goods unlesse it bee so as to countenance or cover the offence or kéep the offender from punishment nor is any man bound by the Law to discover any such offender except he be a Traitor but at his pleasure for a man may doubtlesse in many Cases knowingly receive a thief or the goods stoln by a thief and justifie it by Law and therefore in 42 Eliz. in the Exchequer Chamber a Iudgement upon a Writ of Error was reversed in the Case of Ball and Bridges and it was therein agréed by all the Iustices and Barons That this Action shall not lye for these words He is a maintainer of theeves and keepeth none but theeves in his house and I will prove it c. for one may Harbour or keep Traitors have and maintaine théeves in his house and not know them to bee such and this is no offence But there the Iudges did séeme to agrée all of them in this that if the words be thus That he did maintaine and keep such in his house knowing them to be such that this would be Actionable Croo. 1. last publisht 746. 888. and it is reported by Goldsb 48. That in Easter Tearm 29 Eliz. Co. B. It was there agreed by the Iudges that this Action was maintainable for these words Thou dost maintaine traytors or thou dost maintaine theeves see chap. 6. sect 1 2. But that no Action will lye for saying Thou dost keep theeves And that it hath béen agréed not to lye for this He is a receiver of theeves Mich. 40. 41 Eliz. Co. B. Nor for this He kept men that did rob upon the High-way Hobb Rep. Nor for this Thou keepest thieves without saying or knowing them to be such Goldsb pl. 7. Nor for this Hee hath theeves in his house Croo. 2. 331. Nor for this Thou keepest none but theeves or Cut-purses in thy house and hast their goods Mich. 17. Jac. B. R. Nor for this Thou keepest men to rob on the High-way Nor for this Thou keepest men that rob me for all this may be unawares to him Croo. 1. last publisht 188. It is said it will not lye for this of a man that had lost cloth stoln by unknown persons A. hath received again his peeces of cloth and beareth with the theef Innuendo quendam malefactorem ignotum Hall versus Hemsy Trin. 38. Eliz. Noys Rep. 57. Nor for this Hee hath three parcels of his cloth again of the theef that did steal it from him and if I receive any hurt henceforth I will charge him with it Goldsb Rep. 119. Nor for this A. keepeth men to rob mee albeit hée hath béen robbed by his men But if hée say Hee keepeth men to that intent to rob mee and I was robbed by them these words would be dangerous Sir Harbert Croft against Brown Pasche 14. Jac. Bulstr 3. part 167. Nor for this A. and his servants went about to rob mee and hee did maintain them But if hée say that hée kept them to that intent and that any thing was done the words would be dangerous Sir John Harpers Case Bulstr 3. 167. This Action will lye for this Thou hast hoistred Theeves and stoln goods and the theeves and goods were found in your house and the theeves were had before such Justices and committed by them to prison and were hanged and if the Justice had not been your friend it had been hard with you Bulstr 2. part 109. So for these words spoken by a servant whose Master had lost goods thou art a maintainer of theeves to steal my Masters goods Croo. 2. 629. It will not lye for a Son for these words A. hath stoln a horse and his Son is consenting to it Trin. 14. Jac. Lewkners Case Nor for this I was robbed and A. received part of the goods stoln and I could hang him for it Pasche 7. Jac. Newlins Case Nor for this Thou art a favourer of theeves Dyer 75. Nor for this Thou didst consent to the stealing of my Mare Croo. 1. last publisht 780. Nor for this Thou art a companion of theeves Croo. 1. last publisht 554. Nor for this Thou didst and dost receive theef-stoln goods witness a Feather-bed tick in thy house and the cloth which thy mans Sute was made of and thou knewest they were stoln Stiles Rep. 91. Nor for this Thou art an arrant Knave thou hast bought stoln Swine and a stoln Cow knowing them to be stoln Yelverton Rep. 5. Nor for this You have taken stoln goods knowing them to be stoln Yelverton 5. But it is thought it may lye for this A. stole a Mare and thou B. knowing of the same conveyedst her into the Fens to my Brother B. his house And it may lye for A. and B. both Goldsb Rep. 132. Cut-purse And yet it is said it will not lye for this Thy Boy Innuendo Ambrose Latham the Plaintiffs wives Son hath cut my purse and thou hast received it I charge thee with Felony knowing it and hast the Rings and Mony that were therein in thy hand therefore I charge thee with Felony Croo. 1. last publisht 890. Nor will it lye for saying Thou art a Knave and hast received stoln goods and thou knewest they were stoln For all this though it be true is not Felony unless it be a Receipt to maintain the Felon and a man may in divers cases receive such goods lawfully Croo. 1. part last publisht 888. So for this I was robbed and you were privy thereunto and had part of the mony So it is said it will lye for this Thou hast been a setter of Theeves to rob mee Hill 3. Jac. B. R. So where there is talk between two of A. and B. and one of them that Sect. 11. are talking together say A. hath stoln away such goods and B. was privy and consenting thereunto in this case A.
Assize Yelvertons Rep. 143. Case 119. Blanchflower and Atwood The Action was for this I will hang him Charge of Treason for hee hath spoken words which be high Treason and they were adjudged actionable Yelverton Rep. 107. Case 120. Brinsby and Balgy M. 5. Jac. B. R. The Action was brought by a Charge indirect of a Robbery Maid in a Treaty of Marriage for this It is no marvel shee comes not to Church for it is thought she is with childe and I fear it is too true And it séems not actionable And yet that such words used about a Robbery would be actionable Yelvertons Rep. 113. Case 121. Tomson and Knot M. 6. Jac. B. R. The Action was brought for these Charge indirect of a Theft words You might have known your own sheep and not have stoln mine In this Case by two Iudges the words were not actionable for they are no direct affirmation of any stealing but by way of Implication and a slander may not be drawn in by a strained construction And two Iudges that they were actionable Yelvertons Rep. 145. Case 122. James Wilshire hath forged the late Queens Writ It was affirmed in Forgery a Writ of Errour that the words are actionable Wilshire Case Mich. 5. Jac. B. R. Yelvertons Rep. 146. Case 123. Staverton and Relfe M. 7. Jac. B. R. The Action was this I will prove Charge indirect of Perjury thee a perjured Knave And it was adjudged actionable for these words I will prove import a vehement affirmative of the thing and the Plaintiffs guilt therein Yelvertons Rep. 160. Case 124. Dromant and Westofer M. 6. Jac. B. R. The Action was for these Charge of Theft Pickpocket words The wife of D. Innuendo the wife of the Plaintiff pickt five shillings six pence out of H. Davis wives pocket and her Husband Innuendo the Plaintiff was consenting to the same and in this Case the Iudgement given in the Common-Pleas upon a Writ of Errour was affirmed in the Kings-Bench for the Plaintiff for the first words to pick a pocket c. are slanderous and in the common phrase is in the worst sense a stealing Yelvertons Rep. 136. Case 125. Tuerleote and Morrison Hill 8. Iac. B. R. The Action was brought for these words by an Alien Merchant Hee is a Bankerupt and fled beyond the Seas for much mony And the Defendant pleaded that the Alien Plaintiff was an Alien but it was adjudged for the Plaintiff Yelvertons Rep. 199. Case 126. 1 In an Action upon the Case for words the Plaintiff did declare That Case hée was Heir apparent to his Father and also to his younger Brother who had purchased Lands but had no issue either Male or Female and that the Loss of Preferment Defendant with an intent to bring him in disgrace with his Father and also with his younger Brother and thereby to make the Father and younger Brother to give away their Lands from the Plaintiff did maliciously speak Thou art a Bastard these words to the Plaintiff Thou art a Bastard which words were spoken in the presence of the Father and younger Brother by reason of speaking which words the Father and younger Brother did intend and afterwards did give their Lands from the Plaintiff And by the opinion of the whole Court it was adjudged that the words were actionable and Iudgement entred accordingly Godbolt Rep. Case 519. Humfreys Case 13. Car. B. R. Case 127. Mich. 20. Jac. B. R. Elborrow versus Allen. Action upon the Case Whereas hee was the Son and Heir of John Elborrow and Anne his Slander of a Title to Land Wife Daughter and Heir of John Travel and had divers Lands by discent from them of the value of two hundred pound per annum that the Defendant envying his estate speaking of the Plaintiff and Katherine his wife said these words Shall Elborrow his wife sit above my wife hee is but a Bastard That by this hée was much scandalized in his Estate and forced to great expence to defend his Title upon Nihil dicit writ of Injury and fifty pound damages and after motion to arrest the Iudgement it was given for the Plaintiff And it was agréed that the words in themselves were scandalous and dangerous that may cause his Inheritance to be questioned Croo. 2. 642. Case 128. Banister sued Banister for saying to him being Son and Heir to his Father Slander of a Title to Land That hee was a Bastard And it was resolved that the Action would lye for the words tended to his dis-inherison But if the Defendant himself had pretended to be the next Heir then the words had not béen actionable Trin. 25. Eliz. B. R. Mich. 3. Jac. B. R. Case 129. Two men having speech together of John Syms and William Syms Slander incertain in the person slandered and in the matter one of them said The Symses make Half-crown peeces and John Syms did carry a cloak-bag full of clippings And whether the Action would lye was the question because it was incertain in the person for hee did not say these Symses but the Symses Like unto the Case where one Farrer being slain and certain persons being Defendants in the Starre-Chamber one having spéech of them said These Defendants did murder Farrer and it was adjudged that the Action would not lye for two causes First Because the words these was incertain in the person And secondly it was incertain in the thing for it might be that they had authority to do it as in Mills Case 13. Jac. in the Kings-Bench Thou Charge of coyning of money hast coyned Gold and art a Coyner of Gold Thirdly a Cloak-bag of Clippings that is also uncertain for it might be Clippings of Wooll or other things or it might be Clippings of Silver from the Goldsmith for the Goldsmith that maketh Plate maketh Clippings and fourthly it is not shewed any certain time when the words were spoken And for these causes it was adjudged that the Action would not lye Godbolt Rep. Case 477. Syms Case Pasche 3. Car. B. R. Case 130. Note it was cited by Chamberlain Justice 15. Jacobi to be adjudged Hinderance of Preferment Bastard Slander of a Title For saying one is a Bastard That where a man brought an Action upon the Case against another man for calling of him Bastard that the Action was maintainable the Defendant brought a Writ of Errour and shewed for Errour that the Plaintiff did not claim any Inheritance or to be Heir to any person certain But notwithstanding that Errour assigned the Iudgement was affirmed And hee said that if one saith of J. S. that his Father is an Alien that an Action upon the Case will lye because it is a disability to the Son Quere Godbolt Rep. Case 421. Case 131. Mich. 6. Jac. B. R. Vaughan versus Ellis Errour of a Iudgement in Slander of a Title the Exchequer in an Action of the Case for
Plaintiff declared Slander of a title to Land That his Brother dyed seized of Land in Fée and dyed seized thereof without issue and the Land descended to him as Heir and that he had a purpose to settle part of it upon his Son and to make Leases of part of it and that the Defendant to frustrate his intent used these words The Plaintiff hath no more right to the Land than a stranger It was adjudged against the Plaintiff because he did not shew any cause of losse that he was about to make a Lease or assurance of it to his Son but that he had an intent only Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Case 167. Trin. 18 Jac. B. R. Action for these words the Plaintiff alledged That 1. April 17 Jac. hée was a Merchant and the said 1. April 17 Jac. the Defendant spake these words of the Plaintiff Hee is a Bankrupt Bankrupt slave the Defendant justifies because 1 April 17 Jac. the Plaintiff became bankrupt but adjudged the words actionable and the Defendants Bar insufficient because he doth not alledge he continueth still a bankrupt for it may be he afterwards recovered himself and became a good Merchant judgement for the Plaintiff Usher and Bretts Case Croo. 2. 578. Case 168. Trin. 22 Jac. in C. B. Action for these words Thou art as arrant a Indirect words Theft thief as is any in England for thou hast broken up I. S. his chest and taken away forty pound After verdict and motion to arrest the Iudgement it was adjudged the first words without any Averment will not maintaine an Action and the last words doe not prove any Felony committed and the money may be taken away and the Chest broken open upon pretence of Tithe and in mid-day in the presence of divers and then it is no felony Iudgement was for the Defendant and there this Case was put by Hobbard Thou art a thief for thou hast stoln away my corn not actionable but if he say For thou hast stoln my corn contra Foster and Brownings Case Croo. 2. 687. Case 169. The Plaintiff being an Attorney in B. R. for one Ecombridge prosecuted for him a Latitat against Lord which he delivered to the Sheriff Slander of a Lawyer upon which Lord was arrested The Defendant having spéeches with Ecombridge concerning the Plaintiff and his honesty as an Attorney and concerning the said Latitat ex malitia praecogitata said these words of the Plaintiff Go tell your Lawyer Roberts that I say hee is a base Rascal and I will make him lose his ears and I will teach him or any Lawyer of them all to have a Writ served on mee Vpon not guilty it was found for the Plaintiff And upon debate between the Iudges it was resolved that the words were actionable Trin. 3. Car. 1. Rott 1170. in B. R. Roberts and Lords Case Ley. 70. Case 170. Action for words The Plaintiff declared that one named Carolus being Charge of Perjury Incertainty of good fame and name the Defendant said â—e prefato Carolâ— Where is this Baker Innuendo Caroius Baker hee hath taken a false oath and I could make him look through the Pillory It was moved that the Innuendo Innuendo will not make it good there being no Baker spoken of before But the opinion of the Court was The Declaration was good And if one say of a Counsellour Where is this Counsellour Innuendo such a one it is good Adjudged for the Plaintiff Trin. 13. Jac. in B. R. Bakers Case Bulstrod 3. part 72. Case 171. Action brought for these words Sir Herbert Crofts keepeth men to rob mee the truth was that the Defendant was robbed by two of Sir Herbert Hee keepeth men to rob mee Crofts men and upon this the Defendant spake the words But the Defendant doth not say That hée did kéep them so to do It was agréed by Cook Chief Iustice and all the Court that the Action would not lye for those words for that there is done and it is to be intended his kéeping of them to be lawfull and the words to rob mee this is but an intent and Inclination and purpose no Act and an intent without an act is not punishable and Hill 39. Eliz. in C. B. Snag and Gee's Case was vouched by Cook where the words were Thou hast killed my Wife and it appeared the Wife was then living Adjudged the words not actionable in the principal Case it being found for the Plaintiff the Iudgement was arrested because the words were not actionable Pasche 14. Jac. B. R. Sir Herbert Crofts and Browns Case Bulstr 3. part 161. Case 172. In an Action upon the Case for words it was found for the Plaintiff Charge of Theft It was laid in the Declaration cum quidam malifactores ignoti had feloniously shorn the shéep of J. S. upon a Communication had betwéen the Defendant and another touching the shearing of these shéep the Defendant spake these words I do know who did shear the sheep predict J. S. Innuendo General and incertain words the other desired of her who this was shee answered It was the Plaintiff and M. that did shear them Innuendo Felonice it was upon Innuendo motion for stay of Iudgement adjudged that the words were not actionable and that the general words shall not be restrained to particular and the Innuendo will not help it And in the Declaration it is laid there was Communication betwixt the Defendant and another concerning the shearing of the shéep but not concerning the Felony And it is not said that shée did know who did shear the shéep feloniously but who did shear them generally and the scandal grows out of an inference only which ought not to be to make words actionable but the words themselves ought to be directly scandalous Iudgement was arrested Mich. 13. Jac. B. R. Helly and Henders Case Balstr 3. part 83. Case 173. Hill 9. Jac. Rott 832. B. R. Action for these words Thou art a Bankerupt Bankerupt Rogue Knave Theef Rogue and accounted a common Knave and thou art a Theef and hast stoln my Corn. Adjudged the first words were not actionable but the second were but because the Iudgement was intire and the damages intire the Iudgement was reversed upon a Writ of Errour Damages entire brought Lloyd and Pearses Case Croo. 2. part 424. Case 174. In an Action upon the Case for words it was found upon not guilty for the Plaintiff The words spoken by the Defendant to the Plaintiff Charge of Forgery were these viz. Thou hast forged Writings for which thou shouldest lose thy ears It was laid in the Declaration that the Plaintiff was a Practitioner Solicitor and Steward of a Mannor The Court was divided in opinion For Mountague Chief Iustice and Crook were of opinion that the words were actionable for although the first words of Charge indirect themselves are not actionable yet
the Theef and beareth with the Theef And if I have any hurt hereafter I will charge him with it After Verdict for the Plaintiff it was adjudged for the Defendant against the Plaintiff that the words are not actionable Hall and Hennesly Mich. 38. 39. Eliz. B. R. Croo. 1. part last publisht 486. 487. See before Case 88. 106. 107. 191. Case 165. Action for this Thou hast feloniously taken my wood and a verdict for Charge of stealing of Wood. the plaintiff and motion to arrest Iudgement for that the words were not actionable it was resolved the words were actionable and adjudged for the plaintiff Croo. 1. part last publisht 471. See before Case 114. And after 304. 305. 333. 346. Case 266. Action for these words Thou wast forsworn in the Leet Innuendo a Charge of Perjury Léet holden in such a manner such a day c. And all the Iustices held that the words were actionable Mich. 38. and 39. Eliz. B. R. Wild and Cookman Croo. 1. part last publisht 492. See before Case 59. 35. 54. And after 277. Case 267. Action for this Thou hast taken a false Oath in the Consistory Court Charge of Perjury of Exceter And it was demurred whether actionable and it was held actionable and adjudged for the plaintiff Christian Plaice and William How Trin. 32. Eliz. B. R. Croo. 1. part last publisht 185. And yet Croo. 2. 436. Page and Keble Mich. 15. Jac. B. R. Action was for this Thou art perjured for thou art forsworn in the Bishop of Gloucester his Court. After verdict it was moved that the words are not actionable and of that opinion was the Court and gave Rule for Iudgement accordingly Case 268. Action for this Thou hast stoln a load of Hop-poles And it was ruled Charge of theft of Hop-poles the words were actionable Guyldeslew and Ward Pasche 33. Eliz. B. R. Croo. 1. part last publisht 225. Case 269. Action for this I am put out of the Parsonage-house by Fowler the Patron Charge of Treason Words general and incertain who is neither the Queens friend nor a true Subject it was adjudged that the words were not actionable and said to be adjudged not to lye for this Hee is not the Queens friend Fowler and Aston Hill 34. Eliz. B. R. Croo. 1. part last publisht 268. Case 270. Action for this What art thou a Bankerupt and wast a Bankerupt Bankerupt Declaration By way of interrogation And the Declaration was quod cum fuit Mercator per magnum tempus c. and saith not hée was a Merchant at the same time of speaking of the words The Court held the Declaration good And that his answer was a direct affirmance but they would advise c. Jordan and Lyster Pasche 34. Eliz. B. R. Croo. 1. part last publisht 273. See Croo. 1. 205. Collys and Malin where the Plaintiff said that hée had used the Trade of buying and selling of Cattel per magnum tempus but did not say hée used it at the time of the words spoken it was adjudged against the Plaintiff See also the like Case Croo. 1. 231. Leycroft and Dunker Case 271. Action for this brought by a Shoomaker and one that used buying and selling of Leather Hee was a Bankerupt And it was adjudged it did lye Bankerupt albeit he were no Merchant but hée got his living by buying and selling Stanley and Osbaston Hill 34. Eliz. B. R. Croo. 1. part last publisht 268. See the like for a Dyer Croo. 2. 585. Squire and Jones Mich. 18. Jac. B. R. See for this before Case 181. 184. 190. 199. 205. And after 244. 268. Case 272. Action was brought for this by the Lord Mordant My Lord Mordant did know that Prude robbed Shotbolt and bid mee compound with Shotbolt Scandalum Magnatum for the same and said hee would see mee satisfied for the same though it cost him a hundred pound which I did for him being my Master otherwise the evidence I could have given would have hanged Prude It was adjudged for the Plaintiff and a Writ of Errour brought in the Exchequer-Chamber and Errour assigned in the point adjudged Croo. 1. part last publisht 67. Case 273. Action for this said to one newly sworn as a witnesse in a Court as hée Charge of Perjury is coming out of the Court Thou hast forsworn thy self And it was adjudged actionable Nedham and Corsellis Hill 35. Eliz. B. R. Croo. 1. part last publisht 293. See Croo. 1. 209 Drake and Cordery Case 274. Action for this Hee is a suborner of Perjury After Verdict and Motion Charge of subornation of Perjury to arrest the Iudgement it was adjudged for the Plaintiff Guerdon and Winterflud 35. 36. Eliz. B. R. Croo. 1. part last publisht 308. See here Case 298. 315. Case 275. One spake of the Bishops Register of Gloucest these words amongst other Slander of an Officer Charge of Extortion In another language Averment Incertainty of the person actionable words Inimicus meus Innuendo the Plaintiff is an extortioner But laid it to be spoken in another language and did not aver that it was spoken in the presence of any that understood the language And it was the opinion of the Court it was naught and so said to be adjudged before that without this Averment it will not lye And Inimicus meus was incertain unlesse it had béen averred that hée was then the Plaintiffs enemy and hée had no other enemy or that there was spéech about the Plaintiff in particular and there said to be adjudged That where thrée were sworn in an evidence against a man and hée said to them One of you is perjured that the Action lay not and an Innuendo cannot make it certain Jones and Davers Mich. 38. 39. Eliz. B. R. Croo. 1. part last publisht Innuendo 446. For Extortoin see chap. 20. before For another language See after 284. And for the incertainty of the person slandered See Case 199. 137. 197. 224. After Case 309. 317. 320. 335. 336. 342. Case 276. Action for this was in Communi Banco Brown Innuendo the Plaintiff hath delivered untruths upon his Oath in his answer to the Bill Charge of Perjury of J. S. in the Chancery and had Iudgement and brought his Writ of Errour and assigned Errour that the words were not actionable And the Iudgement was hereupon resolved Brown and Michael Mich. 38. 39. Eliz. B. R. Croo. 1. part last publisht 500. See after Case 287. Case 277. Action for this brought by a Preacher the Parson of D. Parrat the Charge of Incertainty Plaintiff Innuendo is an Adulterer and hath had two Children by the Wife of I. S. and I will cause him to be deprived for it And it was held by the Spiritual Slander Court to be a slander examinable in the Spiritual Court and therefore adjudged against the Plaintiff Parrat and Carpenter Mich. 38 39 Eliz. B.
words might not be actionable and it was said to be adjudged for this Thou wert in Norwich Gaol for a Thou wert in a Gaol for a Robbery c. Averment Robbery commited on I. S. with an averment that he never was in any Gaol for Felony Sée the Case Croo. 2. 247. It was adjudged for the plaintiff but there is no such averment in the Case as is here mentioned Croo. 1. 195. Hally and Stanton and in Croo. 2. 155. Showell and Haman Pasche 5. Jac. B. R. an Action was brought for this Thou hast been in the Gaol for stealing of a Pan and it was held that the Action well Lay. And in Croo. 1. last publisht 279. Baily and Churringtons Case is this The Action was for this Thou wast arraigned for two Bullocks and it was adjudged that the words were not actionable for he doth not say He was arraigned for the stealing of two Bullocks which words had been worse and yet not actionable for a man may be arraigned for Felony and yet be no Felon and in Hobb Rep. pl. 196. is this Case Action for this Hee is in Warwick Gaol for stealing of a Mare and other Beasts and after verdict and motion to arrest the Iudgement it was held by all the Iudges seriatim that the words were not actionable for it is no direct affirmation that he did steal as to say he stole them and was in Gaol for them but a report of his imprisonment Steward and Bishops Case Sée after Case 386. Case 314. Action for this said of a Midwife about her profession Many have perished Slander of a Midwife in her Profession for her want of skill it was adjudged for the plaintiff and held that the words were actionable Croo. 1. Flowers Case 153. Action for this That whereas he was in treaty with such a Woman of Charge of incontinency loss of a Marriage good estate about a Marriage that the Defendant to hinder him c. spake thus Southold hath been in bed with Dorchesters Wife whereby hee lost his marriage after a verdict for the plaintiff and motion to arrest the Iudgement it was held that the words were actionable because of his loss and the plaintiff had Iudgement Southold and Daunston Croo. 1. 195. Sée the like Case adjudged betwéen Hawkins and Bilhead 11 Car. B. R. Croo. 1. 292. And the like Case for a Widdow for slanderous words spoken of her whereby shée lost her Suiter Dame Morrison and Cade Croo. 2. 162. And againe Croo. 2. 323. Matthew and Crosse Trin. 11 Jac. B. R. Case 315. Action for this That the Defendant Ex malitia upon the plaintiffs wife crimen feloniae imposuit and caused her to be brought before a Iustice Charge of Theft of Peace and falso malitiose said before him that he charged her with Felony for stealing of a Hogge from one H. and required her to bée bound over c. and it was adjudged for the plaintiff Manning and his Wife and Fitzharbert Croo. 1. part 1. 97. Sée Croo. 1. 116. Topsall and Edwards the like Case Action for this Thou hast given I. S. nine pounds for forswearing himself Charge of procuring Perjury and Forgery in Chancery and hast hired him to forge a Bond. It was adjudged for the plaintiff So for this Thou hast procured one Smith to come thirty miles to commit Perjury before my Lord of Winchester and hast given him ten pound for that purpose Harris and Dixon Croo. 2. 10. See Case 274. Case 316. Action for this said of a Lawyer He is a Dunce and will get little by Slander of a Lawyer the Law he was never but accounted a Dunce in the Middle Temple It was adjudged for the Plaintiff and that the words are actionable Peard and Jones Croo. 1. 278. Case 317. Action for this said to the Brother of the Plaintiff Thy Brother was whipped about Taunton Cross for stealing of Sheep or burned in the hand Charge of theft indirect or shoulder After a verdict for the plaintiff and a motion to arrest the Iudgement it was adjudged for the defendant for the incertainty of the Incertainty words Stirley and Hill B. R. Mich. 8 Car. Croo. 1. 206. Sée before Case 275. Case 318. Action for this said in London Hee is a Pimp and a common Pimp Pimp Common Pimp and notorious which hee would justifie After verdict for the Plaintiff upon a motion to arrest the Iudgement it was stayed Croo. 1. 286. Dymock and Fawcer B. R. Case 319. Action for this Shee is a Witch and a strong Witch after verdict for Witch and strong Witch the Plaintiff upon motion to arrest the Iudgement it was held the words were not actionable and adjudged for the Defendant B. R. Mich. 8. Car. 1. John George and his Wife and Harvy Croo. 1. 205. and 236. And there all the Iudges held that the Action will not lye for calling of one Witch without alledging of some Act done See after Case 323. 338. Case 320. Action for this Thou didst violently upon the high way take my purse Charge of Robbery from mee and four shillings two pence in it and didst threaten to cut me off in the midst but I was forced to run away to save my life It was held the words were actionable and adjudged for the Plaintiff Lawrence and Woodward Croo. 1. 202. See before Case 92. 108. 149. 151. 154. 160. 174. 250. Case 321. Action for this Thou art a long shag-haired murdring Rogue It was Charge of Murder Adjective words Murdering Rogue Bawd and Bawdy-house charged held the words were actionable and it was adjudged for the Plaintiff Green and Lincoln Croo. 1. 232. B. R. Case 322. Action for this Hang thee Bawd thou art worse than a Bawd thou keepest a house worse than a Bawdy-house and keepest a Whore in thy house to pull out my throat It was held the words were actionable and adjudged for the Plaintiff Peirson and his Wife and Gooday B. R. 9. Car. 1. Croo. 1. 239. See Case 103. But see for this chap. 14. sect 4. chap. 20. sect 2. chap. 21. sect 5. Case 323. Action for this Thou art a Witch and I will make thee come and sav Witch God save my Mare I was forced to get my Mare charmed for thee After verdict for the Plaintiff upon motion to arrest the Iudgement it was stayed until c. Croo. 1. 233. Broxon and Dager Mich. 9. Car. B. R. Croo. 1. 233. See Case 319. 338. Case 324. Action for this whereas such a one was delivered of a Bastard childe Charge of Incontinency the Defendant speaking of it said That hee Innuendo the Plaintiff is the reputed Father of it and upon not guilty and a verdict for the Plaintiff he had Iudgement in the Common Bench. And a Writ of Errour was Spiritual Slander brought and it was reversed and held that the words are not actionable unless hée have
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
will not lye And if hée had shewed hée had béen of a Trade it will not lye because hée doth not shew that hée did use them March Rep. pl. 197. Case 144. In Mich. 11. Jac. B. R. and Exchequer Chamber Miles versus Jacob. For Charge of poisoning a man these words Thou Innuendo c. hast poisoned Smith quendam Sam. Smith ad tunc defunct Innuendo and if it cost mee a hundred pound I will hang thee for it And declared further that of méer malice at the next Assizes c. hée procured him to be falsly indicted that hée had given poisoned drink to Smith to the intent to poison him whereof hée died whereupon For procuring of an Indictment Miles was afterwards acquitted upon not guilty it was found for the Plaintiff and damages severally for the words And Iudgement seven pound a péece Costs entire Vpon a Writ of Errour in the Exchequer-Chamber it was adjudged that the words would not bear an Action for it doth not appear that hée did it wittingly or that hée was dead at the time of the words spoken And the Innuendo will not supply it it is no sufficient Averment Innuendo But for the Iudictment it was adjudged that the Action will lye So that for the damages for the words the same being several the Iudgement being reversed for that part failed But the Iudgement for the Iudictment and damages for it was affirmed and for all the Costs Hobb Rep. pl. 11. Case 145. Mich. 7. Jac. in Co. B. Muttons Case An Action of the Case was brought Sorcerer Inchanter against Mutton for calling of the Plaintiff Sorcerer and Inchantor who pleaded not guilty and it was found against him to the damages of six pence and it was holden by the whole Court in the Common-Pleas that no Action lyeth for the said words For Sortilegium est rei futuri per sortes exploratio et Sortilegus sive sortilegista est qui per sortes futura prenunciat Inchauntery est verbis aut rebus adjunctis aliquid preter naturam moliri And it was said that it was adjudged that if one calleth another Witch Witch that an Action will not lye for it is too general But if one saith shee is a Witch and hath bewitched such a one to death an Action upon the Case lyeth if in truth hee bee dead And if a man bee called a Conjurer Conjuring hee shall not have any Action upon the Case unless hee saith that hee is a conjurer of the Devil or of any evil or wicked spirit Coo. select Cases page 59. Case 26. Case 146. Mich. 5. Jac. B R. An Action was brought by John Prichard against Robert Charge of Murder by words repugnant Murder Hawkins for Slanderous words published the last day of August in the third year of the King viz. That Prichard which serveth Mrs. Shelley did murder John Adam's Childe Quandam Isabellam Adams modo defunct filiam cujusdam Jâ—hannis Adams of Williamstre in the County of Glocester Innuendo upon which a Writ of error was brought in the Exchequer-Chamber upon a Iudgement given for Prichard in the Kings-Bench and the Iudgement was reversed in Easter Term 7. Jac. because it did not appear that Isabel was dead at the time of the speaking the words for tunc defunct ought to have béen in the place of modo defunct Coo. Select Cases page 71. Case 35. Case 147. Easter 8. Jac. B. R. Humphrey Dison said of Nicholas Bestney Utter Barrester and Counsellour of Graies Inn thou a Barrester thou art no Barrester thou art a Barretor thou wert put from the Barr and thou darest not shew thy self there Thou study Law thou hast as much wit as a Daw. Vpon not guilty pleaded the Iury found for the Plaintiff and assessed damages to twenty thrée pound upon which Iudgement was given and in a Writ of error in the Exchequer-Chamber the Iudgement was affirmed Coo. Select Cases page 71. Case 36. Case 148. An Action of the Case was brought against one for that hee said to another I will give thee ten pound to kill such a one and the Question Charge of words of Attempt and Endeavour to Murder Murder was whether the Action would lye It was said by Sir Thomas Cockain that such a Lady had given poyson to such a one to kill her Childe within her that the words were not Actionable Also one said That another had put Gun-Powder in the Window of a house to fire such a house and the house was not fired adjudged that the words were not Actionable the Case was betwixt Ramsey of Buchingham shire and another who said that hee lay in wait to have killed him It was found for the Plaintiff and hée had forty pound damages given him But of the principal Case the Court would advise Godbolt Rep. Case 51. Banco Regis Mich. 28. 29. Eliz. Case 149. Hill 43. Eliz. Stich. versus Wisdome for these words Hee did better Charge of Robbery Manner of uttrance of words or Indirect charge Opinion than many an honest man did for there is many a truer and honester man hanged And there was a Robbery committed whereof I think him to be one And I verily think him to bee a Horse-stealer and not guilty being pleaded it was found for the Plaintiff and Iudgement upon it Goldsb 186. and Owens Rep. 18. Case 150. Easter Term. 15 Car. An Action of the Case was brought by a Iourny-man Slander to a Tradesman Shoo-maker and Foreman of a Shoomakers shop which was his living and livelihood for these words viz. It is no matter who hath him for hee will cut him out of doors And it was averred that the common acceptance of the words amongst Shoomakers is that hee will make him run away and begge and alledged special damage by it and it was held actionable In March Rep. 2. Case 151. An Action of the Case was brought for speaking these words Thou Charge of Murder Incertaine words dost lead a life in manner of a Rogue I doubt not but to see thee hanged for striking Mr. Sydenhams man who was murdered And it was resolved by all the Iustices in the Exchequer Chamber that the words were not actionable At the same day in the same Court a Iudgement was reversed in the Exchequer Chamber because the words were not actionable the words were these viz. Thou usest me now as thy Wife did when shee stole my goods Godb. Rep. Case 331. Mich. 11. Jac. in the Exchequer Chamber Case 152. Mich. 21 Jac. Action for these words the Defendant having spéech with one Chapman of the Plaintiff spake these words Shee meaning the Plaintiff is a thief to you and to me and hath stollen twenty pound Theft from me and forty pound from you the Defendant justified that shée was a thief and stole two Hens from her such a day and year feloniously the Plaintiff demurred upon the justification because it is not a justification
the subsequent words added to them make them actionable Like the Case if one saith Thou hast stoln no Action will lye for these words but if hée doth add these words viz. for which thou shouldest be hanged then an Action upon the Case will lye and the precedent words are to receive construction by the subsequent words Haughton and Doderidge the Action will not lye for the words here are uncertain what manner of Writings they were and they may be Words incertain frivolous Writings for which hee ought not to be called in question and no Indictment will lye for this Forgery and then if hée bée not in danger of his ears and so no Action will lye for these words Curia advisare vult for search of Presidents And afterwards the Case was not moved again but was ended by agréement betwéen the parties Pasche 14. Jac. B. R. Frost and Ayres Case Bulstrod 3. part 265. 266. Case 175. An Action for these words viz. Mr. Lowes is a Witch and I will Witch prove it for I have seen him and his Imps and evil spirits appear unto mee in my Chamber and put mee in fear of my life and hee said come they will never be at quiet till wee have killed him And hee did bewitch a childe of mine It was adjudged that the words were actionable in the Kings-Bench And if one saith of J. S. That hee hath conference with evil spirits the words will bear Action But for one to say That such a one is a Witch in anger the words are not actionable Iudgement was for the Plaintiff Trin. 13. Jac. B. R. Rott 114. 130. Lowes Case But yet afterwards a Writ of Errour was brought upon this Iudgement in the Exchequer-Chamber and there holden by the Iudges the words were not actionable and the first judgement was reversed Trin. 13. Jac. Bulstr 3. part 74. Case 176. Pasche 10. Jac. Co. B. Iveland versus Smith for these words Hee is He is a Papist an arrant Papist and hath a pardon from the Pope and can help you to such a one if you will and it was agreed that Action will not lye for them Goldsb and Brownl 2. part 166. Case 177. Edward Gibbs brought an Action upon the Case against Jenkin David Slander in another language for words spoken in the Welsh Tongue and declared that the conference was had by Baron Snigg with the Defendant concerning the felonious stealing of thrée Heifers and the Defendant is supposed to answer to the question in Welsh Whether Thomas Jackson stole them if hée had them I should have had them again but Edward Gibbs stole them and upon Welsh not guilty pleaded it was found for the Plaintiff at Bristol and it was moved this Term in arrest of Iudgement that the words in Welsh did not signifie stealing but carrying away upon ones back and it appeared upon examination of one Mr. Gunter upon oath that it is properly the word for carrying though that there in the Intendment of the parties it might be taken for stealing it being joyned with other precedent circumstances yet it is not actionable for it shall be taken in the most favourable construction and best sense as if one had said That such a one had the No malice in words Pox and forbid one to use his company it shall not be intended of the French-Pox and no Action lyes And judgement was given for the Defendant yet it was averred in the Court that the words were spoken in the hearing of them which understood the language Trin. 15. Jac. Rott 1634. Huttons Rep. page 8. Hobb Rep. pl. 236. and in Noys Rep. 19. Case 178. Stone brought an Action upon the Case against Roberts for these words Witch and Inchanter The Plaintiff is a Witch and an Inchanter and hath bewitched the children of one Strong And Iudgement for the Plaintiff for though Witch is a word of malice and familiarly used to old poor women and therefore no Action lyes yet here it is coupled with a déed by which the Plaintiff is drawn in danger of his life by the Statute of 1. Jac. otherwise for the word Witch alone Mich. 15. Jac. Rott 636. Huttons Rep. 13. Noys Rep. 22. Case 179. Gittings Plaintiff in the Exchequer against Redserve Gittings is a Couzening Knave couzening Knave and so I have proved him before my Lord Mayor for selling mee a Saphire for a Diamond the Action doth not lye and by Manwood if A. sayes of B. Thou art a couzening Knave and hast couzened mee of five hundred pounds no Action lyes which the Court agréed 26. Eliz. Huttons Rep. 13. Case 180. An Action of the Case was brought for these words I charge thee with Indirect charge of Felony I charge thee with Felony c. Felony for taking mony forth from John Spacies pocket and I will prove it Henden moved in Arrest of Iudgement that these words were not actionable First Because it is not any direct affirmative that hee is a Felon and for that hée vouched a Case as hee said adjudged in the Kings Bench Masters bear witness that hee is a Theef Bear witness he is a Theef The second reason was because that the matter subsequent doth not contain matter which must of necessity by Felony but stands indifferent for if it be not privily and secretly it is not Felony and it may be by way of sport or trespasse For as one said That hee is a Theef and stole his Timber it is not actionable for it might be Timber cut or Timber growing Theft about Apples Timber c. So to say That hee stole his Corn or his Apples or his Hops for in mitiorem partem verba sunt accipienda And it séemed to the Lord Hobbart that the first words viz. I charge thee with Felony are actionable for the Constable if hee be there present ought to apprehend him thereupon and it is a plain Affirmative I arrest thee of High Treason Justice Winch I arrest thee of Treason c. prima facie held that the words were actionable and not qualified by the subsequent words as it should be if hée had said For thou hast stoln my Apple-Trees standing in my Orchard that could not be Felony but it is not so there for it may be Felony and ex causa dicendi it shall be taken for Felony in these words for taking mony c. Warburton and Hutton Causa Dicendi was of opinion that the Action lay not This Case was moved in Mich. 18. Jac. And then the opinion of the Court preter Warburton qui haesitavit was that the Action did not lye Ideo memorando quod querens nil capiat per breve Pasche 18. Jac. Huttons Rep. 38. Mason versus Tomson Pasche 18. Jac. Case 181. Allen brought an Action of the Case against Swift and declared That wheras Bankerupt Trades-man Merchant for Lead he bargained sold that is to say
Innuendo will not help for that actionable words must import in themselves precise slander without ambiguousnesse so that every one that hears them may intend of whom they be spoken For it was said that hée spake the words of the Plaintiff and the Iury found him guilty And this difference was taken where the words in themselves import apparent incertainty and when they may be ascertained by Intendment In the first Case no Averment will aid it But in the last Case by Averment an Averment and a Verdict it may be aided And therefore where the words be One of my Brothers is perjured this is so incertain that neither of them can bring an Action and if he be found guilty by Verdict it will not help But here it did not appear that hée had more Brothers than one and then it may be certain enough and here it is expressy averred to be spoken of him and the Iury hath found him guilty and therefore it is here certain enough And this Case was cited by the Court to be adjudged for the Plaintiff That murdrous Knave Stroughton lay in wait to murder mee And upon this one Thomas Stroughton brought the Action and said they were spoken of him And upon not guilty pleaded and a Verdict for the Plaintiff it was adjudged after divers motions to arrest the Iudgement for the Plaintiff Croo. 2. 108. Case 225. Sir Thomas Gresham versus Grindsley Thy Brother was a fool and was never born to do himself any good for that he could not hold his hand from ratifying and subscribing to his Fathers Will notwithstanding I have that to shew in my house that if his heir Elizabeth Gresham do not any such Act as hee hath done it shall bring her to inherit Titsley Sir Tho. upon this sues the Defendant And shews how his Father was seized Slander of a Title to Land of the Mannor of Titsley and of other Lands and by his will devised to A. his wife for life the Remainder in Tail to the Plaintiff and how the Father had issue William the eldest which had issue Elizabeth his Daughter and Heir and this Plaintiff the youngest Son and that A. is dead and the Plaintiff entred and the Defendant to slander his Title spake these words before and shewed further how hée had an intention to make a Ioynture to his Wife and to passe divers parcels of the Land devised to him to his younger children for their advancements and that hée was hindred in his intent by these words ad damnum a hundred pound and upon not guilty pleaded it was found for the Plaintiff and twenty pound damages But Iudgement was given for the Defendant 1 For that it doth not appear by any thing in the Declaration that the Plaintiff is damnified viz. that hée was about to sell it or has entred into any Bond to make a Ioynture to his wife which by reason of these words would not be accepted and there ought to be some special matter shewed in which damage may be apparent Coo. 4. 18. For upon such general words no special slander may be imposed As if a Lease for life be with a condition to re-enter and J. S. shall say That hee can shew that which will bring him in Reversion to the possession this is no slander of the Title for the very Lease it self by the Indenture by which the Land was devised will bring him to it either by the condition or by the determination of the estate 2 For that it doth appear by the Plaintiffs own shewing that Elizabeth is Heir at Common Law and that the Plaintiff himself had but an estate tail and upon the determination of it Elizabeth will have Titsley as general Heir and the Defendant doth not shew any time certain when Elizabeth shall have it but indefinitely and this shall be taken in meliori sensu Yelverton Rep. 88. Coo. lib. Entries 35. Case 226. Mich. 4. Jac. B. R. Earl of Northumberland versus Birches In an Slander of a Title to Land Action for the slander of a Title The Plaintiff declared that Henry Earl of Arundel was seized in Fée of the Mannor of D. and gave it to the plaintiff in tail and that the Defendant was a Customary Tenant for life of a messuage parcel of the said Mannor And the Plaintiff was in Communication with J. S. to make a Lease for years to him to make a Lease for years of the Land to him to begin after the estate of the Defendant for life was determined for which J. S. agréed to give him five hundred pound that the Defendant intending to hinder that bargain and slander his Title spake these words The late Earl of Arundel Lord of the Mannor of D. did make a Lease of my Tenement to one J. D. for sixty years to begin after my customary estate ended and the same is a good Lease Whereas the said Earl did not make such a Lease by reason whereof neither J. S. nor any other person would give him ten pound for the Lease The Defendant justified that Henry Earl of Arundel before the Gift made to the Plaintiff made such a Lease to J. S. for sixty years and that J. S. conveyed the Lease to him It was objected that the words import not any slander nor is it alledged when the Earl made the Lease But the opinion of the Court was that the words shall be taken in the worse sense according to his intent which hée spake when hée said it to be a good Lease And the words themselves imply that hée spake them to countenance the Title of a stranger which is not lawful and now hée cannot excuse himself by intituling of himself when at the first the words did not import as much and now hée cometh too late to justifie Croo. 2. 163. Case 227. M. 3. Car. B. R. Law and Harwoods Case In this Action for a slander of a Title The Plaintiff declared that hée was seized in Fée as a Coppy-holder Slander of a Title to Land of Land in D. within the Iurisdiction of the Defendants Court and that the Defendant said Hee had not any title to those Lands It was found for the Plaintiff And upon a Writ of Errour brought the Iudgement was reversed because the plaintiff did not shew that by occasion of the words hée had any prejudice as by any bargain of Inheritance or Lease of the Land And this Action is not maintainable without shewing a special prejudice Croo. 1. part last publisht 99. Case 228. M. 6. Jac. B. R. Vaughan versus Ellis M. 6. Jac. B. R. Errour of a Iudgement in the Exchequer-Chamber in an Action of the Case for words for saying Hee is a Bastard The Errour assigned was that the Action lyes not for these words without special cause shewn that hee was damnified by them as to alledge that hée was inheritable to some Lands and that by reason of those words hée is to have losse And here it
for the last words not the first were agreed to be actionable Sale and Marsh Pasche 32. Eliz. B. R. Croo. 1. part last publisht 178. Case 255. Action for these words Shee is as very a Thief as any that robbeth by the High-way side upon not guilty the Iury found these words Shee is Charge of theft indirect a worse thief than any that robbeth by the High-way side And the Court held in both Cases the words are actionable But Gawdy and Fenner held that the words doe not agrée with the Declaration for the Iury doe not Verdict finde that the Defendant at the time mentioned in the Declaration spake the words in the verdict so that it may be he spoke them at several times and it differs from Bridges Case Dyer 3. Mar. where the Iury found hée spake part of but not all the words for there they did acquite him of the residue and the words are not of one sense VVray contra as very a thief and a worse thief are all one the Lady Ratcliff and Shubley Pasche 33 Eliz. B. R. Croo. 1. last publisht 224. See before Case 168. Case 256. Action for these words I have served thee with the Queens Letter for Charge of theft by implication or indirect stealing of goods out of my Mothers house Vpon not guilty and verdict for the Plaintiff it was adjudged that the Action did not lye for the words for he saith not expresly that he had stoln the goods but that hee served him c. which may be thought he did not steal them so it is only a charge by implication Periam cited a Case of one Nowel a Clerk of this Court He was Cubbed for forging Writs Certainty where the words were Thou wast Cubbed up for forging of Writs and ruled no Action lay Atkinson and Atkinson Pasche 33 Eliz in scaccario Croo. 1. part last publisht 4. Case 257. Action for these words Thou hast played the Thief with me and hast Charge of theft stol my Cloth and half a yard of Velvet The Defendant pleaded that the Plaintiff was his Taylor and that upon the day of c. hee delivered to him a yard and a half of Velvet to make him a pair of Hose and hee Pleading Traverse made them too streight Ratione cujus he spake these words Thou hast stoln part of the Velvet which I delivered thee Absque hoc that he spake any words aliter vel alio modo upon which the Plaintiff demurred For the Plea and Traverse do not confesse any words of slander and then the Traverse is méerly void L. 5. Ed. 4. 26. 9. Ed. 4. 15. 37. H. 6. 34. 22. H. 6. 17. And of this opinion was the Court but a manifest fault was alledged in the Plea for hée did not answer to the words Thou hast stoln my Cloth and it was adjudged for the Plaintiff Johns and Gittins Trin. 33. Eliz. B. R. Croo. 1. part last publisht 239. Case 258. Action for these words Thou art a forger and art sued in the Starre-Chamber Charge of Forgery Words general and incertain for forging by one Sedge And after Verdict for the Plaintiff and motion for arrest of the Iudgement it was adjudged for the Plaintiff albeit hée did not say what thing hée forged and how hée was sued for it might be without cause For when hée saith Thou art a forger it is intended of such a thing as whereof Forgery may be and to be spoken in the worst part and when hée saith Hee is sued c. this doth aggravate it that hée did such a Forgery as for which hée is suable there Munday and Cordall Palche 35. Eliz. B. R. Croo. 1. part last publisht 296. Case 259. Action for this Hee was falsly forsworn in the Court of the Bishop of Charge of Perjury Certainty Exon at Exon. It was moved in arrest of Iudgement it doth not appear hée was sworn in any Iudicial Court for it may be in the Bishops yard called his Court yet the Plaintiff had Iudgement Lee and Secombe Pasche 35. Eliz. B. R. Croo. 1. part last publisht 297. See before Case 35. 59. And after Cases 266. 267. 273. 274. 276. 284. 286. 294. 315. 329. 337. 348. Case 260. Action for this My Master hath put mee away because I would not be Charge of a Justice of Peace with vain words a Papist for hee will keep no Servants but Papists and alledged that hée was a Iustice of Peace Vpon Demurrer the Court held that the Action did not lye for these words Perepoints Case Mich. 35. 36. Eliz. B. R. Croo. 1. part last publisht 308. Case 261. An Action was brought by an Alderman and a Merchant in York for Charge of couzening upon a Merchant these words Hee is a false Knave and keepeth a false Debt-book for he chargeth mee with the Receipt of a peece of Velvet which is false After a Verdict for the Plaintiff upon not guilty pleaded and a motion to arrest the Iudgement it was adjudged that the Action lyes not for the words And against the Plaintiff Brook and Watson Trin. 37. Eliz. B. R. Croo. 1. part last publisht 403. See afore Case 142. 143. 198. 326. 327. 329. Case 262. Errour of a Iudgement in an Action for these words Thou art a prigging Prigging pilfring Merchant pilfring Merchant and hast pilfred away my goods from my Wife and Children that the words were not actionable And the Iudgement was reversed for this cause Charter and Hunter Mich. 37. 38. Eliz. B. R. Croo. 1. part last publisht 424. And in the Case of Bradshaw and Walker Filching Fellow for this Thou art a filching Fellow and didst filch from William Parson a hundred pound the words were held by the Court Co. B. not actionable and it was adjudged against the Plaintiff Hobb Rep. pl. 323. Action was for this Thou art a Theef for thou haststoln half an Acre of Charge of theft of Corn. Corn Innuendo the Corn growing upon half an Acre of ground reaped and put into shocks by the Defendant the Defendant demurred to the Declaration And it was held the words were not actionable and it was adjudged for him against the Plaintiff Castleman and Hobos Mich. 37. and 38. Eliz. B. R. Croo. 1. part last publisht 428. See after 304. 305. 333. 341. 346. Case 263. Action for this was brought by a Iustice of Peace Hee is a Blood-sucker Justice of Peace slandered Blood-sucker and seeketh others blood Vpon not guilty pleaded and a Verdict for the Plaintiff it was moved in arrest of Iudgement and adjudged for the Defendant against the Plaintiff and that the words were not actionable Sir Christopher Hylliard and Constable Croo. 1. part last publisht 306. 433. Case 264. Action for these words spoken of one that was robbed of péeces of Cloth Charge of concealment of a Theft and the Theef Hee hath received three peeces of his Cloth again of
any special damage or that it be such a Bastard as is like to charge a Parish or the like Croo. 1. 315. Salter and Brown B. R. 11. Car. 1. Hill See before Case 277. Case 325. Action for this said of one that is the Son of a man rich in Lands and Goods and in hope of part of it Hee is a Bastard and it was held actionable For calling of one Bastard without averment of any special damage And a Iudgement affirmed in a Writ of Errour was cited in the Case Croo. 1. 337. Humfrevs and Averment Stanfield Pasche 13. Car. 1. B. R. And after Croo. 2. 213. in the Case of Vaughan and Ellis Mich. 6. Jac. B. R. in case only where one had but a possibility and hope for which hee was offered some considerable recompence and by this slander lost it the words were adjudged actionable and the Iudgement was affirmed in a Writ of Error See Croo. 2. 323. And see before Humfreys and Studfields Case Case 78. Case 326. Action for this brought by a Frée-man and Trades-man in London Charge of couxening on a Trades-man Thou art a Cheater and hast cheated my Husband of five hundred pound And it was held that the words being not spoken of his Trade are not actionable And it was adjudged for the Defendant Needler and Symnell Mich. 11. Car. 1. B. R. Croo. 1. 301. See Case 261. Case 327. Action for this brought by a Merchant That hee was a cheating Knave Charge of couzening upon a Merchant and had cheated his Father by returning twenty pound for wares c. And it was held the words were actionable and the Plaintiff had judgement Croo. 1. 398. Arundel and Mare Trin. 15. Car. 1. B. R. See Case 261. Case 328. In the Case of Pew and Jefferies B. R. Pasche 12. Car. 1. It was held Welsh Theef Welsh Jade Welsh Rogue Welsh Whore that this Action will lye for calling one Welsh Theef but not for calling of one Welsh Jade or Welsh Rogue or Welsh Whore Croo. 1. 329. Case 329. Errour of a Iudgement in the Common Bench for this Thou art forsworn in a Court of Record and that I will prove And Iudgement Charge of Perjury there given for the Defendant it was reversed the words held actionable and Iudgement given for the Plaintiff Banco Regis Ceely and Hoskins Mich. 14. Car. 1. B. R. Croo. 1. 366. Case 330. Action for this by an Attorney spoken about him in his office Hee is Slander of an Attorney Cheating a very base Rogue and a cheating Knave and doth maintain himself his wife and children by his cheating and it was adjudged for the Plaintiff in Co. B. but by a Writ of Errour brought into the Kings Bench and there it was affirmed Pasche 14. Car. 1. B. R. Croo. 1. 371. Case 331. Action for this Thou art a Rogue and a Rascal and hast killed thy wife quandam Elizabetham nuper uxorem le Plantife Innuendo upon Charge of murder not guilty it was found for the Plaintiff and moved in Arrest of Iudgement that the words were not actionable because it was not shewn that the wife was dead nor how shée was killed nor that shée was violently killed But it was held the words were actionable for where it is said nuper his wife it shall be intended shée is dead and thou hast killed her Averment shall be intended according to the vulgar acceptance And it was adjudged for the Plaintiff Wilner and Hoid Trin. 13. Car. 1. B. R. Croo. 1. 352. Case 332. Action for words whereas hée was a Deputy Clerk under a Register to an Archdeacon and received divers Fées by the Office and was to account Slander of an Officer for them that the Defendant speaking of him and his Office intending to deprire him of his place and to bring him in the displeasure of his Master said of him that Hee is a base couzening Knave hee is a Cheater and hath couzened his Master the said A. B. Innuendo It was adjudged for the Plaintiff and all the Court held the words actionable and that it shall be intended that they were spoken concerning his Office Reynolds Case Trin. 15. Car. 1. B. R. Croo. 1. 406. Case 333. Action for words that such a day in presentia auditu quamplurimorum subdictorum Domini Regis hee spake c. Thou art a Theef and hast stoln my corn After verdict and motion to arrest the judgement it was held by the Court 1 That the Declaration was good in presentia c. albeit it may bee Declaration some of them might not understand the language 2 Albeit it be said that hée spake the words of the Plaintiff Thou c. which must be to the Plaintiff yet it was good enough for being spoken to they are spoken of him first and it is all one 3 That it shall be intended reaped Corn. And therefore that the words were actionable and judgement was given for the Plaintiff Croo. 2. 39. Mich. 2. Jac. B. R. Kellur and Menasby Action for this Thou art a theevish Knave and hast stoln my wood Charge of Theft of wood After verdict for the Plaintiff upon not guilty and motion to arrest the judgement it was held by three Iudges the words were not actionable and adjudged against the Plaintiff for the Defendant Robbins and Hildredon Pasche 3. Jac. B. R. Croo. 2. 65. Action for this Thou hast stoln my wood It was demurred in Law Theft of wood whether the Action lay and adjudged without Argument for the Plaintiff Loe and Sanders Trin. 5. Jac. B. R. Croo. 2. 166. Action for this Thou art a Theef and hast stoln Master Saint George his Tree It was adjudged for the Plaintiff after verdict and motion to arrest the Iudgement Minors and Leeford Hill 3. Jac. B. R. Croo. 2. 114. Action for this Thou hast robbed the Church Innuendo the Church of Theft of Lead St. Alphage and thou hast stoln the Lead from the Church Innuendo the Church of St. Alphage aforesaid upon not guilty pleaded it was adiudged for the Plaintiff two Iudges being against the judgement Benson and Morley Pasche 5. Jac. B. R. Croo. 2. 153. Action for this Thou hast stoln my corn and carried it to Market Theft of Corn. and upon motion to arrest the judgement after a verdict because the words are not actionable the Court held it otherwise and it was adjudged for the Plaintiff Croo. 2. 442. Mich. 15. Jac. B. R. Turnor and Champion Action for this Thou hast stoln as much corn out of my fields as is worth nine shillings or ten shillings After a verdict the Court doubted and did not give judgement Ellis and Fitch Hill 15. Jac. B. R. Croo. 2. 457. See before Case 304. 305. and after Case 341. 346. Case 334. Action by a Iustice of Peace for this Kempe is a Basket Justice a partial Justice I will give
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