Sect. 6. for procuring him to bee indicted for the Ravishment of his Daughter and the Defendant her Father shewed that his Daughter complained of it to him and hee to the Iustice of Peace who bound the one to appear and the other to prosecute at the Gaol-delivery where hee preferred a Bill of Indictment and gave evidence c. And this was held a good plea and excuse without saying that there was a Rape But if the Plaintiff had set forth that there was no Rape and that the Defendant knew there was none haply the Action might have béen maintainable Croo. 2. 193. Coxe versus Wirral The like Case is Croo. 1. 130. Markams Case And the like in Bulstr 2. part 286. Case 2. 2 Doggatee vers Lawry B. R. Croo. 2. part 190. This general Action of the Case was brought against the Defendant for that hée did falsly and maliciously accuse the Plaintiff of a Felony and caused him to be brought before a Iustice of Peace and procured him to binde the Plaintiff to appear at the Gaol-delivery and there put in a Bill of Indictment against him which was found not true c. The Defendant pleaded that hee had Shéep stoln and missed others which were found in the Plaintiffs possession going with twelve Shéep that were stoln c. And the Iewry upon the tryal found him guilty and hee had Iudgement and could not get it staid because the Declaration laid to bee false and malicious and the Iewry found it also to bee so Case 3. 3 Huttons Rep. 49. Hord versus Cordery The Plaintiff brought an Action of the Case against C. the Defendant and B. his Wife and D for a malicious confederacy to charge the Plaintiff with the Felonious Rape of the said D. and procured him to bee examined before a Iustice of Peace and thereupon was bound in a Recognisance to appear at the general Sessions and from thence bound over to the Assizes and there they Indicted him and hee was acquitted and hee averred that hee did not ravish her And adjudged for the Plaintiff after a Writ of error and twenty marks costs given for his delay Case 4. 4 Leonards Rep. pl. 146. s 107. An Action of the Case of this nature was brought by Joan Jerome against Knight and shee declared that Knight had maliciously caused the Plaintiff to bee Indicted of Felony and to bee Arraigned upon it and that shee was legittimo modo acquietatus c. And the Case was this that the Defendant came into the Court where the Sessions was held and complained of the Plaintiff for the said Felony for which the Iustices commanded her to cause an Indictment to bee drawn and the Plaintiff had Iudgement and could not avoid it by a Writ of error Case 5. 5 Smith versus Crashaw and others B. R. M. 1. Car. 1. Croo. 1. 10. The Plaintiff brought his Action of the Case in nature of a Conspiracy against the Defendants for that they had at T. c. falsly and maliciously accused him of Treason caused him to bee apprehended brought to a Iustice to bee commited to Gaol Indicted and falsly and maliciously affirmed it to bee true and not guilty was pleaded and verdict given for the Plaintiff and Iudgement given for the Plaintiff two hundred and forty pound Damages notwithstanding motions to Arrest it and after a solemn deliberation The like Case was by Lovet vers Faulkner 11. Jac. B. R. Bulstr 3. part 270. Case 6. 6 Smith versus Hodgeskins Pasche 8. Car. 1. B. R. Croo. 1. part 201. An Action was brought for this that the Defendant malitiose et falso crimen feloniae ei imposuit and caused him to bee arrested for Felony and for these words and this work it was adjudged the Action of the Case did lye Case 7. 7 Maning and his wife versus Fitzharbert Hill 7. Car. 1. B. R. Croo. 1. 197. An Action of the Case was brought against the Defendant for that hee ex malitia of the Plaintiffs wife crimen feloniae imposuit caused her to bée brought before a Iustice there charged her with Felony required that shée might bee bound over to the Assizes which shee was forced to do c. and this was found for the Plaintiff and had damages and Iudgement c. Case 8. 8 Williams versus Fletcher Pasche 10. Jac. In an Action of the Case in nature of a Conspiracy for indicting of a man for a common Barretor and making oath to the Iewry that the Bill was true upon which the Bill was found supposing it false and malicious In this Case it was adjudged that in this Case no Action of the Case in nature of a Conspiracy will lye Bulstr 1. part 185. Case 9. 9 Three men conspired amongst themselves to charge J. S. with a robbery and to procure him to be Indicted and procured divers Warrants from Iustices of Peace by which he was apprehended and examined and after they preferred an Indictment against him whereupon an Ignoramus was found in this Case it was resolved that an Action of the Case in nature of a Writ of Conspiracy lieth Coo. 9. 55. Pasche 5. Jac. in Camstellat Case 10. 10 It was resolved by the two chief Iustices and the Lord Chancellor and the chief Baron That when the Grand Iury doth indict one of Murder or Felony and after the party is acquitted that no Conspiracy lieth for him that is acquitted for this Case 11. 11 A man brought this Action of the Case in nature of a Conspiracy for causing him to be indicted of Felony c. for suffering a Prisoner to escape that was convicted and Iudgement was given for the Plaintiff for this is more than trespasse Stiles Rep. 157. Case 12. 12 Hill 8. Jac. B. R. Wall and Hills Case Bulstr 1. part 149. An Action of Conspiracy was brought for conspiring to indict the Plaintiff for a supposed counterfeiting of a Letter and for the malicious prosecution thereof at the Assizes and that hee was acquitted And he pleaded that the Letter was brought to him by one unknown and delivered to him two others being in his company one of which afterwards told him that the Plaintiff was the man that delivered it and thereupon hee prosecuted him for it in this Case it was adjudged for the Plaintiff for that the prosecution was not upon the Defendants owne but upon another mans suspition and his prosecution and the justification thereof must be upon good probabilities and not upon the suspition of others Bulstr 1. part 149. Sée Coo. 9. 26. Pasche 9. Case 13. Car. B. R. Case 13. 13 The Action was for that Falso malitiose he spake these words of the Plaintiff He committed Felony and procured him to be Arrested and Imprisoned for three daies and had Judgement after a Plea by Verdict c. Croo. 1. 223. CHAP. XXIII Of Pleadings in Actions of the Case for words AS to the Pleadings in all Actions of the Case for words this is first to bée
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
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
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
Incertainty in the person verdict for the Plaintiff it was moved in arrest of the Iudgement that it was not actionable for the incertainty of the person but it was adjudged for the Plaintiff for it is said he spake it of the Plaintiff and a man shall not be intended to have more Masters than one but agréed that if one say to I. S. Thy Son hath robbed me a Son cannot bring an Action but hée must aver he had no more Sons But if one say to a Son Thy Father or Averment to a Wife Thy Husband hath robbed me the Action will lye for the Father or Husband without any such averment Croo. 2. 443. Case 343. The Defendant was arrested by a Warrant upon a Latitat directed to Charge of Forgery the Sheriff of Midd. and the Defendant spake these words This is a counterfeit Warrant made by Mr. Stone Innuendo the Plaintiff had forged the Warrant and after verdict for the Plaintiff and motion to arrest the Iudgement that the words were not actionable it was adjudged otherwise and for the Plaintiff Stone and Smalcombe Mich. 20 Jac. B. R. Croo. 2. 648. Case 344. Action against two for this spoken by them Thou hast the Plate of I. S. and we will charge thee with that Felony After verdict for the Plaintiff it Words spoken by two was moved in arrest of Iudgement that the Action lyes not joyntly against them for the speaking of one is not the speaking of the other but they must be severally charged And it was thereupon adjudged for the Defendants Chamberlaine against White and Goodwin Mich. 20 Jac. B. R. Croo. 2. 647. Case 345. Action for this that whereas the Master of the Defendant Sir William Ayliffe was robbed of goods by persons unknown the Defendant said Thou Charge to maintain theeves art a Maintainer of Theeves to steal my Masters goods Innuendo the goods of the said Sir William Ayliffe who was robbed And albeit hée did not say that hée maintained them in the Felony or knew them to bee Théeves it was adjudged for the Plaintiff And this said to be adjudged actionable Thou maintainest Pirates who rob upon the Seas Bennet and Tabram Hill 19. Jac. B. R. Croo. 2. 629. See Case 289. Case 346. Action for this that the Defendant said of the Plaintiff Hee Innuendo the Plaintiff is a Theef for hee hath stoln corn from Mr. Key Charge of Theft quendam Richardum Key Innuendo And after verdict for the Plaintiff it was moved in arrest of judgement that it was not actionable for hée dath not shew that there was any talk about the Plaintiff and without this it cannot be applied to him and it shall be taken for standing corn yet the Plaintiff had judgement and that judgement affirmed in a Writ of Errour And there it was agreed by the Court not to lye for this Hee is a Theft of Wood. Theef for hee hath stoln my Trees or my Evidence or my Lead off my house and they held this actionable Hee is a Theef for hee hath stoln my Theft of Corn. corn and therefore that the Action here was maintainable And so to say Thou hast stoln my Wood and the Court held the Declaration good saying that the Defendant spake these words and the Iury having found it for the Plaintiff And a judgement was cited to be had before in the like case and affirmed by a Writ of Errour Smith and Ward Co. B. Mich. 21. Jac. Croo. 2. 673. See Case 333. Case 347. Action for this that the Defendants Wife spake of the Plaintiffs Wife Charge of Theft Adjective words Thou art a Theevish Rogue and a theevish Quean for thou hast stoln my Faggots Innuendo five Faggots of the said White and his Wives and upon not guilty pleaded and a verdict for the Plaintiff it was moved in arrest of Iudgement For the first words are adjectively spoken and a Charge to steal a Feme Coverts goods Feme Covert can have no goods yet the words were held actionable and it was adjudged for the Plaintiff Stampe and his Wife against White and his Wife Croo. 2. 600. And in Pasche 34. Eliz. B. R. Charnels Case Action was brought for these words said by a Wife My Turkies are stoln and J. S. hath stoln them And it was adjudged for the Plaintiff against the Husband and Wife Croo. 1. part last publisht 279. Case 348. Action for this Thou perjured Beast I will make thee to stand upon a Scaffold in the Starre-Chamber was adjudged actionable Benson and his Charge of Perjury wife against Hall and his wife Pasche 19. Jac. B. R. Croo. 2. 613. Case 349. Action for this That hee was a Theef and had stoln his Gold upon Charge of Theft not guilty and a verdict for the Plaintiff and motion to arrest the Iudgement for that hée saith hee was for it may be long since and that a general pardon hath since taken it away c. yet it was adjudged for the Plaintiff Boston and Tatum Mich. 19. Jac. B. R. Croo. 2. 622. Case 350. Action for this Thou wast in Launceston Gaol for coyning To which the Plaintiff said If I was there I answered it well enough yea Thou wast in Gaol for coyning said the Defendant you were burnt in the hand for it and it was held by the Court that the words were actionable Gainford and Tuke Trin. 17. Jac. B. R. Croo. 2. 536. See Case 346. before Case 351. Action for this said to a Fréeman and Scrivener in London Thou Rogue Conny-catching Rogue Couzening Rogue Cut-purse Rogue art a Rogue and a Conny-catching Rogue a couzening Rogue a cut-purse Rogue And after verdict for the Plaintiff upon motion to arrest the Iudgement it was adjudged against the Plaintiff that the words are not actionable Bets and Trevaman Trin. 17. Jac. B. R. Croo. 2. 536. Case 352. Action for this said of a Surveyor and Measurer of Land that makes Charge of an Officer his living by it in reference to his Trade Thou art a couzening and a shifting Knave and a cheating Knave It was adjudged for the Plaintiff Blunden and Eustace Mich. 16. Jac. B. R. Croo. 2. 504. Case 353. Action for this said of a Iustice of Peace and the Kings receiver of Charge of Couzenage in an Officer the Court of Wards Mr. Deceiver Innuendo the Plaintiff hath deceived the King and I have him in question for it Innuendo a supposed material thing by him against the Plaintiff and I doubt not to prove it and upon not guilty a verdict was found and judgement given for the Plaintiff in the Common Pleas and a Writ of Errour brought in the Kings Bench where the judgement was affirmed Sir Miles Fleetwood and Curse Hill 17. Jac. B. R. Croo. 2. 557. Case 354. In Hobb pl. 335. It is held by the Iudges that a Libel albeit the Libel Contents thereof be true yet it is not
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
for the Plaintiff Croo. 1 part last publisht 709. Case 58. Action for these words Jo. Leversage Innuendo the Plaintiff would Charge of Robbery have robbed the house of I. S. if I. D. would have consented unto it he perswaded I. D. unto it and told him hee would bring him where hee should have mony enough After verdict for the Plaintiff it was moved that these words were not actionable for there is not any act done by the Plaintiff whereby he can be called in question nor is it such a slander whereby he can have any prejudice but all the Court held them to bée Endeavour words of great discredit and slander and that the Action will lye and it was adjudged for the Plaintiff Croo. 1 part last publisht 710. Case 59. Action upon the Case for these words That the Plaintiff was a forsworn Knave the Plaintiff demanding of him where he was forsworn he answered In Ilston Court Innuendo a Court Leet there holden and it was moved that an Action lyes not for these words for the calling one Charge of Perjury forsworn Knave unlesse he saith in Court is not actionable which was agréed per curiam Then the Court here cannot know that Ilston Court was any Court of Record and the Innuendo cannot help that which was imperfect and therefore Williams said it was adjudged that for saying Thou wert forsworn in White Church Court an Action lay not but note this Case was shewn to the Court in writing 28 Eliz. between Hern and Innuendo Hix and the opinion of the Court there was that the Action lay and the Defendant gave to the Plaintiff thrée pound and he released his Suit and no Iudgement was given and all the Court here held that the Action will lye for this Action is given by reason of the discredit of such words amongst the Neighbours and when hée said That hee was forsworn in such a Court it cannot be intended but that it was a Court of Iustice and a president was shewn Pasche 37 Eliz. Rot. 370. in the Quéenes Bench betwéen Wildham and Copman that for these words Thou art a false forsworn man and wert forsworn in such a Court adjudged that the Action lay Croo. 1 part last publisht 720 721. Case 60. Action for these words Thou hast stoln my Mare or consentest to the Charge of Theft stealing of her The Defendant pleaded not guilty and found against him and after verdict it was moved that an Action lay not for these words for they are in the disjunctive and as to the last words it lyes not for he may be said to be consenting because he did not contradict it and of that opinion were Fenner and Clinch being only in the Court and awarded Words incertaine Quod querens nil capiat per billam Croo. 1. part last publisht fol. 780. Case 61. Action for these words Thou art a forsworn Bayliff and wert forsworn Thou art forsworn this day after verdict for the Plaintiff upon not guilty pleaded it was moved in arrest of Iudgement that an Action lyes not for these words for he doth not shew that he was forsworn in any Court it is not also shewn that hée was a sworn Bayliff at the time of the speaking and the opinion of the Court was that the Action lay not upon the first reason principally Croo. 3. part last publisht fol. 788. Case 62. Action upon the Case for words whereas hée was of good name c. Bankerupt per multos annos jam retroactos fuit Mercator and used the Trade of Merchandizing tam infra Regnum quam extra that the Defendant spake of him these words Thou art a beggerly Knave and at Bankerupt and thou art not able to shew thy face It was moved that an Action Merchant lay not for these words unlesse it had appeared by the Declaration that he was a Merchant at that time for being spoken of a Gentleman or any who used not the Trade of Merchandizing an Action lyes not and of that opinion was the whole Court but the Question was whether by alledging that hée used the Trade of a Merchant per multos annos jam retroactos it shall be intended that hée was a Merchant at the time of the words spoken and the Court séemed to doubt thereof because it is not precisely alledged for it may be hée used that Trade for a time and left it afterward wherefore they would advise thereof Croo 3. part last publisht 794. Case 63. Action for these words Thou hast killed my Wife after verdict for the Charge of Murder Plaintiff upon not guilty pleaded it was moved that an Action lay not for these words because he doth not say with what intent he killed her violently or otherwise and hée doth not aver that his wife is dead but notwithstanding it was adjudged for the Plaintiff for it is to be intended if Repugnant words the contrary be not shewn by the Defendant that his Wife is dead and it shall be taken in the worst sense viz. violently Croo. 1. part last publisht fol. 823. Case 64. Action for these words Thou art as couzening a fellow as any is in the Charge of couzening Officer Country the last time thou wert Under-Sheriff as now thou art thou didst serve an execution for a neighbour of mine and didst keep the mony in thy hand hereupon the Defendant demurred and after argument at the bar by Snag for the Plaintiff it was adjudged maintained that the words were not actionable for calling one couzening fellow Action lieth not then the last words be not actionable for it is not expressed how long time hée kept the mony in his hands and it may be hée kept it only but until return of the Writ or by assent of the party Plaintiff wherefore it was adjudged for the Defendant Croo. 1. part last publishr fol. 854. Case 65. Action for these words Thou art a Rogue and a Theef after verdict Rogue and Theef it was moved in arrest of Iudgement that an Action lyes not for these words for they are too general but the Court held that for the word Théef it is maintainable unlesse it be coupled with other words which proves it to be no Felony intended wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 857. Case 66. Action for these words hée Innuendo the Plaintiff is not worthy the office of a Constable for hee and his company the last time hee was Charge of Theft Officer Constable stole five of my Swine and eat them after verdict for the Plaintiff it was moved by Yelverton that the Declaration was not sufficient for the words hée is not worthy c. may be spoken of any other and the Innuendo will not help it also hée doth not say that hée spake the words in presentia auditu aliorum and if it were otherwise it is not any slander but
all the Court held that the Action will lye for hic ille make a demonstration what person hée intended and it is also alledged that hée spake de querente those words c. The words also quod palam publice promulgavit imply quod fuit in praesentia auditu c. for it is not palam unlesse it be in praesentia auditu aliorum wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 861. Case 68. Action for words and declares that the Defendant spake these words in Charge of Murder in Welsh words Welch reciting them particularly signifying haec anglicana verba thou hast murdered my Wife after verdict and Iudgement for the Plaintiff errour was brought and assigned in hoc that it is not averred that the words were spoken in the company of Welsh-men or of such who understood the Welsh tongue but it is alledged that they were spoken in presentia auditu quam plurimorum subdictorum Dominae Reginae and the Action was brought in the County of Monmouth which was once parcel of Wales but was now an English County and all the Iustices and Barons held that for this cause it was erronious for it shall not be intended that any there understood the said tongue unlesse it had béen shewn and then it was not any slander no more than if one spake slanderous words in French or Italian an Action lyes not unlesse it be averred that some there present understood those languages as it was held in the Case betwéen Johns and Daux Mich. 38. 39. Eliz. in B. Reginae but because the damages were found to fifty pound and if the Plaintiff should begin de novo hée might not have peradventure so great damages they moved him to accept of ten pound and to make an end without further procéedings and so it was done and no judgement entred Croo. 1 part last publisht fol. 865. Case 69. Cut-purse Charge to receive stoln goods Action for these words spoken of the Plaintiff His Boy Innuendo one Ambrose Latham the Plaintiffs Wives Son hath cut my purse and hee knowing it hath received it it was moved that an Action lay not for these words but adjudged that it was maintainable Croo. 1. part last publisht fol. 877. Case 70. Action for these words Thou art a Rebel it was demurred upon Declaration and without Argument adjudged for the Defendant that the words Rebel be not actionable Croo. 1. part last publisht fol. 878. Case 71. Action for these words Thou art a pocky Knave get thee home to thy pocky Wife her Nose is eaten with the Pox it was moved after verdict Charge of an infectious discase that the words were not actionable for it shall not be intended by them that hée is infected with the French-Pox and otherwise the Action lyes not but all the Court held the Action was maintainable for the word cannot be otherwise intendible but that hée hath the French-disease for it is conceived hée is accused to have the same disease which his Wife hath and that the words purport that hée hath the French-disease by saying that his Wives Nose is eaten with them wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 878. Case 72. Action for these words Thou hast cut my purse therefore I charge thee Charge of Felony Cut-purse with Felony after verdict it was adjudged that the Action lay not for to say thou hast cut a purse without saying feloniously it appears not that hée had committed any Felony wherefore not actionable Croo. 1. part last publisht fol. 890. Case 73. Action upon the Case for these words used of the Plaintiff by the Defendant to one Street Go follow Suit against Willymote Innuendo the Plaintiff for stealing thy two Kine and hang him or I will hang thee Charge of Theft and on his further malice offered unto him if hee would exhibite a Bill of Indictment for stealing the Kine that he would procure him the value of two Kine and that hee exhibited a Bill against the Plaintiff c. after verdict for the Plaintiff upon not guilty pleaded it was moved that the Action was not maintainable But Fenner and Yelverton being only in the Court held that the Action was well brought for the bidding him follow sute against him for stealing thy Kine and hang him imports as much as that hee had feloniously stoln them otherwise hee could not hang him wherefore it was adjudged for the Plaintiff Croo. 1 part last publisht fol. 904. Case 73. Action for these words thou art a forsworn Knave and that I will prove Charge of Perjury for thou wast forsworn in the hundred Court Innuendo Stiverton hundred Court after verdict for the Plaintiff it was moved that the Action lay not for it doth not appear that it was a Court of Record nor any Court whereof the Iustice should here take any cognisance and of that opinion was the whole Court Croo. 1. part last publisht fol. 905. Case 74. Action for these words to J. S. the Plaintiffs servant thou hast a Traitor Traytor to thy Master Innuendo the Plaintiff adjudged that the Action lay it being moved after verdict in arrest of Iudgement Croo. 1. part last publisht fol. 906. Case 75. Trin. 11. Jac. B. R. Mathew versus Crasse In an Action of the Case for these words Thou art a Whore-master for thou hast layen with Browns wife and hadst to doe with her against a chair and set forth that by reason thereof Charge of Incontinency Spiritual Slanders hée lost his marriage c. ad damnum c. And it was objected that the words are not tryable here but examinable in the Ecclesiastical Court and therefore not actionable But it was answered and agréed by the Iudges that the Temporal loss makes it actionable as in the Case of a woman as where one is callad Bastard alone this is determinable by the Hee is a Bastard Ordinary but if he add further to entitle himself to be heir or shews some possibility of being heir this may make the words actionable Bulst 2. part 90. Case 76. Brian Nelson versus Staffe Pasche 15. Jac. B. R. An Action was brought in Slander of a Title Hindrance of preferment Bastard Co. Banco that whereas Thomas Nelson was and yet is seised of Land in fée to the value of one hundred pound a year and married to Elizabeth and had issue betwéen them the Plaintiff And whereas there was communication betwéen the Plaintiff and Mary Cividal concerning a marriage betwéen them and hee was offered with her six hundred pound that the Defendant of purpose to scandalize him and to hinder him of his said marriage speaking of the Plaintiff with J. S. said these words of the Plaintiff hath that Bastard Brian Nelson caused you to bee arrested is that all the spight the Bastard can do you By reason of which words he lost his
marriage c. Vpon not guilty it was found for the Plaintiff and damages given and a Writ of error brought and a Iudgement given for the Plaintiff and so the first Iudgement was affirmed and agréed that the words were spoken affirmatively and not by way of Interrogation and that the Action was given for the stain of his blood and his special damage And that a man may perhaps have this Action albeit he have no Land at all Croo. 2. 422. Case 77. Trin. 15. Jac. B. R. Sr. John Tasburge versus Day This Action was brought for this that whereas hee was a Iustice of Peace c. and that hee upon the seventh of March and long before seized in Fée of the Advowson Slander of a Title Of an Officer of Sandcroft in the County of S. and intended to sell it towards the paiment of his debts and the Defendant knowing of it and intending to Slander him in his Religion c. and to Slander his Title to the Advowson and hinder the sale thereof the same day having spéech with divers persons about his Title to the Advowson and about his Religion spake these words True it is that Sir John Tasburge was the true and undoubted Patron of Sandcroft but now hee hath lost that Patronage and presentation by being a Simonist and a Recusant both which I will prove him to bee By reason whereof hee was hindred in the sale of his Advowson And upon not guilty pleaded and a verdict for the Plaintiff it was adjudged for the Defendant because it doth not appear hee was about the sale of it and so had any special damage by it and for the rest of the words they were held not Actionable Croo. 2. 484. Case 78. Pasche 13. Car. B. R. Humfreys and Studfields Case In this Action for Hindrance of preferment words the Plaintiff declared that hee 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 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 these words of him Thou art a Bastard which were spoken before the Father and the Brother Hee is a Bastard by reason of the speaking of 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 Godb. Rep. 451. Case 89. Pasche 15. Jac. B R. Cooper versus Smith This Action was brought for this viz. waterman and thou Innuendo the Plaintiff hast killed Charge of Murder thy Masters Cook Innuendo c. and I will bring thee in question for thy life And after Verdict for the Plaintiff and motion to arrest the Iudgment for the Incertainty of the words for that it did not appear who was his Master or that his Master had a Cook it was adjudged for the Plaintiff Incertainty Innuendo and said that albeit the Innuendo cannot make a thing incertain certain but shall serve only as a predict yet the words import that hee had a Master and that his Master had a Cook c. And another Action was brought for these words viz. thou hast sacrificed thy Childe to the Devil and adjudged that the words were Actionable Charge of Murder Pophams Rep. 128. Bridgmans Rep. 60. Case 80. Mich. 44. 45. Eliz. B. R. An Action was brought for this Thy Father By Report Averment said thou hast murdred thy husband Innuendo such a man by name jam defunct and averred ubi re vera her Father spake no such words And Verdict for the Plaintiff upon not guilty pleaded and it was moved in arrest of Iudgement because it was not averred that the husband was dead at the time of the words spoken and divers Cases cyted to the purpose Yelvertons Rep. 20 21. Case 81. Mich. 23. Car. B. R. Person and Dawson An Action was brought for Charge of Theft this your Son Innuendo your Son William stole a Horse and sold him for ten pound and a verdict for the Plaintiff upon a not guilty and after many motions to arrest the Iudgement it was given for the Plaintiff Stiles Rep. 46. Case 82. Pasche 33 Eliz. B. R. Buckley versus Wood. The Plaintiff in this Action Slander in a course of Justice declared that whereas the Defendant did exhibit a Bill against him in the Star-Chamber 30. Eliz. containing inter alia that hee was a nozeler of Théeves Murderers and Pirates c. and recited a great part of the Bill that afterwards the Defendant at P. in the County of Salop. 7 Maij. 31. Eliz. Said hee would justifie his Bill to bee true in every part c. The Defendant pleads that the seventh of May at Wellminster in the County of Middlesex he was demanded of the Lord Chancelour if his Bill were true and he said it was true in all points Absque hoc quod dixit predicta Pleading verba before or after the said day Aliter vel alio modo And upon this the Plaintiff did demur in this Case albeit it was objected For the first thing that it was in a course of Iustice and that his words after were justifiable and that the declaration containing this that he had exhibited his Bill inter alia was not good but that he ought to recite the whole Bill yet it was adjudged for the Plaintiff for that they were matters not examinable in that Court and especially because hée had spoken of them after in the Country Croo. 1. part last publisht 230. 247. Case 83. Action for these words Coles hath strained a Mare Innuendo carnaliter Strained a Mare cognovit equam the Iury found that the Defendant spoke the words C. hath strained a Mare meaning that carnaliter cognovit c. And upon these words the Plaintiff had Iudgement although it was alledged that the words in themselves had no sense And the Innuendo will not help the Innuendo matter but only denote the person but because the verdict was found prerisely that this was his meaning and it is a phrase of the Country it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 250. Case 84. Mich. 33. 34. Eliz. B. R. Cole vers Havilland This Action was A. hath strained a Mare brought for these words Coles hath strained a Mare Innuendo Carnaliter cognovit equam and upon issue joyned c. the Iury found the words and the meaning thereof to be as was declared and Iudgement was given for the Plaintiff Croo. 1. part last publisht 250. Case 85. The Bishop of Norwich against Pricket Action de scandalis magnatum Scandalum Magnatum brought for these words viz.
You predictum Episcopum Innuendo have writ a Letter to mee which I have to shew which is against the Word of God against the Queens authority and to the maintainance of superstition and that I will stand to prove against you And the Plaintiff recovered five hundred marks damages Croo. 1. last publisht 2. Case 86. An Action was brought for these words A. did wrap Gun-powder Endeavour to burn a house in a peece of Tow and laid it under my Window and put fire to it minding to burn my house And the Plaintiff had Iudgement Croo. 1. part last publisht 6. Case 87. Griffith against Morrison An Action was brought for these words Bankerupt Knave Where is that Bankerupt Knave where is that Pillory Knave And the Plaintiff had Iudgement Croo. 1. part last publisht 26. Case 88. Morgan versus Kiffe Hill 9. Eliz. An Action was brought for these words A. did maintain victualled and helpt to let go certain Pirates contrary to the Law of the Realm and Proclamation made And it was adjudged Hee maintains Pirates for the Plaintiff that the words were actionable And there it was said it had béen adjudged to lye for this Hee maintained Theeves Between Lea and Pennistone Case 89. An Action was brought for this Thou hast sitten upon the Pillory And Pillory adjudged not to lye 29 30. Eliz. B. R. Croo. 1. part last publisht 62. Case 90. Prowse versus Cary. Pasche 30. Eliz B. R. An Action was brought Charge of Subornation of Perjury for this Thou hast procured false witnesses to swear in such an Action and the Plaintiff had Iudgement But if the words had béen You brought in false witnesses It had been otherwise Croo. 1. part last publisht 93. Case 91. Charge of Attempt and Endeavour of Robbery Mich. 36. 37. Eliz. B. R. Weeks Case Action for these words Week assaulted mee and others to have robbed us but wee were too strong for them and escaped It was adjudged actionable and agréed to lye for this J. S. lay in wait to do a Robbery or Murder although no Felony be done Croo. 1. part last publisht 349. Case 92. The same year B. R. Lyne versus Backhouse Action for these words Charge of Robbery Doubtful words Hee hath beaten mee and taken away my purse and twenty shillings in money It was held per curiam that the words are not actionable for it may be intended hée took them as a Trespasser for hée doth not charge him with Felony Croo. 1. part last publisht 353. Case 93. Pasche 37. Eliz. B. R. Jinkinson versus Maine Action for these words Indirect charge The Plaintiff deserved to have his ears nailed to the Pillory Adjudged that the Action lyes Croo. 1. part last publisht 384. Case 94. Pasche 39. Eliz. B. R. Goodale versus Castle Action for these words Filcher Cut-throats Thou art a common Filcher companion of cut-throats and a Forger of Writings It was agreed for all the words but the last no Action will lye by two Iudges it will lye for the last words Croo. 1. part last publisht 554. Case 95. Pasche 39. Eliz. B. R. Ausly versus Mason Action for these words Charge of Forgery Thou hast made a forged Bond and I will prove it upon not guilty pleaded a verdict for the plaintiff a motion to arrest the Iudgement it was adjudged for the plaintiff Croo. 1. part last publisht 554. Case 96. Mich. 39. 40. Eliz. B R. Pollard and his wife versus Armshaw Action for these words Thou art a Whore and J. S. hath the use of thy Charge of Incontinency body The Cart is good for thee After verdict and motion to stay the Iudgement It was adjudged for the Defendant and that the words were not actionable Croo. 1. part last publisht 582. Goldsb 172. Case 97. The same Term and Court Harrisons Case Action for these words Charge of Perjury Thou hast forsworn thy self at London and there it appeareth upon Record Upon a Demurrer it was ruled that it will lye Croo. 1. part last publisht 583. Case 98. The same Term and Court Redferne versus Tod Action for these Charge of a Rape Words indirect words Hee should have been hanged for a Rape but it cost him all the mony in his purse After verdict and Motion to arrest the Iudgement it was adjudged for the Plaintiff Croo. 1. part last publisht 589. Case 99. The same Tearm and Court Shaw and Tompson Action for these Charge of Perjury words Thou art a forsworn Knave and I will prove thee forsworn in the Spiritual Court after verdict and motion to arrest the judgement for the words it was objected they were not actionable no more than these Thou wert forsworn in Whit-Church Court it was adjudged for the Plaintiff Croo. 1 part last publisht 609. Case 100. The same Tearm and Court Action for these words The Plaintiff hath forsworn himself Innuendo before the Justices of Assize c. and Charge of Perjury the whole Court held That the words were not actionable for the words are not sufficient and the Innuendo will not help it wherefore it was adjudged for the Defendant Croo. 1 last publisht 609. Case 101. The same Tearm and Court Wells against Hemmerson Action for Rebel these words Thou art a Rebel and no true Subject after Verdict and Motion to stay Iudgement it was adjudged for the Defendant that the words were not actionable Croo. 1 part last publisht 622. Case 102. Mich. 40 Eliz. B. R. Blake versus Stanley Action for words Thou art Charge of coyning false money a Coyner of false Money and I have Money to shew which thou coynedst after verdict and motion to stay the judgement it was adjudged for the Plaintiff Croo. 1 last publisht 629. Case 103. The same Tearm Co. B. Action for words viz. That hee keeps a Bawdy-house And ruled that the Action lyes not for by the Common Law Thou keepest a Bawdy-house he is not punishable but by the custom of London and therefore this Action ought to be sued in the Spiritual Court Croo. 1 part last publisht 643. Case 104. Pasche 41 Eliz. Co. B. Slade versus Allen Action for these words Thou Charge of Murder art a Murderer and a bloudy Fellow and I am afraid of thee Vpon Demurrer adjudged actionable Croo. 1 part last publisht 672. Case 105. Trin. 44 Eliz. B. R. Brown Versus St. John Action for these words You have committed Burglary in breaking his house Innuendo the house of one Bennet and stealing of his goods After verdict upon motion Charge of Burglary to arrest the Iudgement it was adjudged not actionable for the breaking of the house may be but Trespasse he doth not say whose house he brake and so it is altogether incertain Croo. 1 part last publisht 889. Incertainty Case 106. The same tearm and Court Cox versus Humfrey The Action was Charge
of Felony Receipt of stoln goods Cut-purse Incertaine words thus Thy Boy Innuendo Ambrose Lathum the Plaintiffs Wives Son hath cut my Purse and thou hast received it knowing of it and hast the Rings and Mony that were therein in thy hand therefore I charge thee with felony It was adjudged that the Action lay not for it doth not appear that the Purse was cut feloniously and then the receiving of the things and Boy is not felony it was adjudged for the Defendant Croo. 1. last publisht 889. Case 107. The same Tearm and Court Daws versus Bolton Action for these Charge of Receipt of stoln goods words Thou art a Knave and hast received stoln Swine and hast received a stoln Cow and thou knewst they were stoln upon not guilty verdict for the Plaintiff and a motion to stay the Iudgement it was agréed by the whole Court that the Action did not lye for these words for the receiving of goods stoln knowingly unlesse it be to maintaine the Felon is not felony And there agréed that the Action will lye for this Thou layest in wait to murder one and that hee might receive the goods as Lord of a Mannour or his Bayliff as a waiffe or felons goods Coo. 1 part last publisht 888. Case 108. Trin. 26 Eliz. B. R. Smiths Case Action for words for that when as R. Charge of Felony Smith was attained of Felony and shewed what the Defendant said You Innuendo the Plaintiff have done as ill and worse and it will cost you as Words incertaine much to be quit as it cost him it was conceived the words might bee actionable have certainty enough in them Case 109. Trin. 28 Eliz. B. R. Sir Tho. Cockaine and his Wife versus Witnam The Action was My Lady Cockaine did offer two shillings to a woman with Endeavour to Murder childe to get her a drink to kill her childe because it was gotten by I. S. Sir Tho. Cockaines Butler And it was adjudged for the Plaintiff that the words were actionable Croo. 1 part last publisht 49. Case 110. Mich. 29 30 Eliz. Action for this If you had your deserts you had Charge of Felony been hanged before now and it was agréed to bee actionable and it must be intended he had committed some offence for which he had deserved to bée hanged and there it was said by Wray Iustice that it had béen adjudged Charge indirect and incertaine That where one did write the name of another upon a wall and writ also That if this man had his deserts he should have been hanged on the Gallows and drew a pair of Gallows on the wall that for this the Action will lye Croo. 1 last publisht 62. Case 111. Doctor Caesar versus Curseny Mich. 35 36 Eliz. B. R. An Action for Slander of a Judge of a Court. words That whereas the Plaintiff was Iudge of the Admiralty and I. S. had a Suit against the Defendant and the Defendant said That the sentence given by the Plaintiff Innuendo sententiam predictam c. Corruption was corruptly given and upon not guilty a Verdict and a Motion to arrest the Iudgement it was adjudged for the Plaintiff Croo. 1 last publisht 305. Case 112. Charter versus Peter Hill 40 Eliz. Error was brought in the Exchequer Charge of Treason Chamber of a Iudgement in the Quéens Bench for these words Thou art an Enemy to the State for that the words were not actionable But it was adjudged that they were actionable Croo. 1 part last publisht 602. Case 113. M. 6. Jac. B. R. the Action was brought for these words Thou dost Charge of Witch-craft work by Negromancy and dost work by the Devil and it was adjudged to be actionable for they are words of infamy and reproach c. Yelvertons Rep. 150. Case 114. Higgs against Austin Pasche 7. Jac. B. R. for this Thou hast stoln Charge of theft of Wood. as much Wood and Timber as is worth twenty shillings and the Iury found the words and this further off my Landlords grounds and it was adjudged for the Plaintiff for these words doe not gualifie for Timber must néeds be separate from the ground c. Yelvertons Rep. 152. Case 115. VVeblin and Mayer pasche 7. Jac. B. R. for these words It will bee proved by many vehement presumptions that the Plaintiff was a plotter Charge of Murder by words incertain and contriver of the death of one Powel because he would not sell him his Land and it was adjudged not actionable for he doth not directly charge the Plaintiff but doth refer to presumption and slanderous words must be spoken affirmatively Yelverton 153. Case 116. Newlin and Faâ—â—et Pasche 7. Jac. B. R. The Action was for these words The Plaintiff is a Felon Take héed what you say saith a stranger He is a Felon Why saith the Defendant is not hee a Felon that knew of a Murder and concealed it Hee Innuendo the Plaintiff knew of the Murder of A. L. and did not reveal it till long after it was openly known And it was adjudged actionable And that the first words were so and the subsequent Words of qualification words did aggravate the slander And there a difference was taken betwéen words of qualification spoken at the same time and spoken afterwards As one saith Thou art a Felon for thou hast stoln my Apples off my Trees is not actionable But if one say Thou art a Theef and a stander by say Beware what you say and the other say I will justifie what I say is not hee a Theef that stole my evidence it comes too late now to qualifie the former words And there it was said by one Iudge to say J. S. is a Traitor for hee robbed a man by the high way side is not actionable And by another Iudge that it is actionable Yelverton Rep. 154. Case 117. Bury and Wright Bear witness Mistress that hee hath stoln my Charge indirect of steal-ing Hair-cloth And it was adjudged against the Plaintiff and that the words were not actionable for there is no direct Affirmation in the words that import a charge of his stealing of it No more than if hée had said Mistress you will bear witness that hee hath stoln my horse for by this the party that speaketh doth not slander but resteth in the testimony of others for the proof of it as if hée had said J. S. will prove you stole my horse these words will not maintain an Action Quod nota Yelvertons Rep. 126. Case 118. Nile and Swanson Mich. 6. Jac. B. R. This Action was brought by a Slander of an Officer Bribing Justice of Peace Town-Clerk and Steward of a Mayors Court in a Town Hee hath taken forty shillings for a Bribe and it was adjudged to lye and that it shall have reference to him in his office So to say so of a Iustice of Peace or Clerk of
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
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
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
Merchandized for Lead in the County of Derby and thereby hath acquired mony towards his livelihood the Defendant said of him Hee is a Bankrupt and is not able to pay his Debts but will run the Country it was found for the Plaintiff and moved in arrest of judgement by Serjeant Harvey that the Action lay not because that the Plaintiff shewed not that hee used it as his Trade nor that he gained his living by buying and selling also he is intituled Gentleman but the Court held that the Action would well lye and it had béen adjudged 14 Eliz. that a Tanner shall have an Action for such words Mich. 9 Jac. Huttons Rep. 46. Case 182. Hugh Meredith a Iustice of Peace in the County of Monmouth Charge of Robbery indirect Slander of a Justice of Peace I will indict him for c. brought an Action upon the Case against Bonill for these words I will have him hanged for robbing on the High-way and for taking from a man five pounds and an horse after verdict for the plaintiff it was moved in arrest of Iudgement that the words were not actionable for they are not Affirmative or Positive but a supposition only as if he had said I will indict him for such a matter it was vouched to be alledged 31 Eliz. in Nowels Case that to say of an Attorney That hee was Cooped for Attorney Cooped for forging Writs forging Writs maintained an Action and 14 Eliz. Hâ—e is infected of a Robbery and he smelleth of the Robbery adjudged actionable in Balls Case there is never a Purse cut in Northamptonshire but Ball hath a Words general and incertaine part of it will not bear action but the Court would not declare their opinion Quia sub spe concordiae Hill 10 Jac. Huttons Rep. 58. Case 183. Sir Robert Hitcham Serjeant at Law and to the King brought an Action upon the Case against one Brook a Iustice of the Peace and which had béen Sheriff of Suffolk and Count that hee for divers years last past had béen one of the Kings Serjeants and had demeaned himself well and loyally in the discharge of his duty and had gained good opinion and had acquired by his practise a good estate for the maintenance of him and his Family the Defendant said I doubt not but to prove that the Treason Plaintiff hath spoken Treason Innuendo Treason against the King verdict was found for the plaintiff and it was moved in arrest of judgement that these words are not actionable 1 Because no time is alledged when the plaintiff is supposed to speak Time of speaking the words when material Treason and it might be when he wâ—s an Infant or that it is pardoned to which it was answered by the Court First that these words ought to be alledged as they were spoken and that was indefinite Secondly the time is not material unlesse the Defendant make it material by his plea viz. when he was in giving evidence for the King against a Traytor and then he repeated such words or when that the plaintiff was frantick and of that he intended and so justifie there the time may come in question 2 The second Exception was that there is not any expresse affirmative Charge indirect and not affirmative to that it was answered by the Court That it was more than an Affirmative for he had as he said proof thereof and not a Report or heresay and if one say It is reported c. that will not bear Action unlesse hée justifie the Report by charging it upon him which was the Author of the Report 3 Also it was objected That the speaking of Treason was not Treason but it was holden clearly that it is as well as preaching or writing Et index animi sermo 4 Also it is not said what Treason and it may be High or petty Treasan To which it was answered that when he speaks generally of Treason it shall be intended according to the common intendment which is Treason against the King vide Sir William Mulgraves Case Coo. Lib. 4. And two Cases were vouched to bée adjudged in the Point one betwéen Johnson and Atwood 8 Eliz. Thou hast spoken Treason and I will hang thee for it adjudged actionable The other was betwéen Pewall and Vardoffe 9 Jac. Thou hast spoken Treason and I will prove it adjudged actionable And it was resolved by all that the Plaintiff should have his judgement Pasche 1 Car. 1. Huttons Rep. 75. Case 184. John Daws Plaintiff against William Palmer in an Action upon the Case and Count That whereas hee was a Fuller and had used the Trade of Fulling and thereby acquired his livelihood and was of good Bankrupt of a Trades-man A Fuller credit c. The Defendant said of him Trust him not for hee owes me a hundred pound and is not worth one Groat and at another day hée said He is a bankrupt Rogue and upon not guilty pleaded the Iurors found for the Plaintiff and gave entire damages and it was moved in arrest of judgement that the first words were not actionable and then Damages entire the Iury having given entire damages the Plaintiff should not have Iudgement for any part vide Osbornes Case Coo. lib. 10 but in this case after many debates it was resolved by the Court that the Plaintiff should have judgement for the first words are actionable at Common Law before the Statute Trust him not he is not worth one Groat Goe not to buy of I. S. a Merchant for he will deceive you Of an Words that hurt a man in his Trade or way of living Iune-kéeper Goe not to such an Inne for hee is so poor that you can have no good entertainment Of an Attorney Use him not for hee will couzen you all these words are actionable hee will bee a bankrupt within seven daies and for the other words That hee is a bankrupt Rogue that is resolved Co. lib. 4. to be actionable And it was a Case Pasch 10 Car. 1. in a Writ of Error brought in the Exchequer Chamber upon judgement given in the Kings Bench betwéen Dunkin and Laycroft for words spoken of a Merchant who had been at Hamborow in partibus transmarinis and there had used the Trade of a Merchant and Factor Thou Innuendo tthe Plaintiff camest Broken Merchant over from Hamborow a broken Merchant and adjudged actionable and so affirmed in the Exchequer Chamber and upon all these Authorities the Court gave judgement for the Plaintiffe pasch 10 Car. 1. Huttons Rep. 124 125. Case 185. One Widow Sower brought an Action of the Case against Burton for Old Witch Old Whore these words Thou old Witch thou old Whore leave off thy Witching or else thou shalt be hanged or burned if I can doe it and upon not guilty pleaded and verdict for the Plaintiff it was moved in arrest of judgement and it séemed to Lord Finch Hutton and Vernon that the Action lay not
Isham for justice but could never get any at his hand but injustice Croo. 1. 10. Case 201. Hill 2 Jac. B. R. Sir John Hollis versus Briscoe and his Wife for Slander of a Justice of Peace this first shewing That he was a Iustice of Peace in the County of N. and had been Sheriff of the County and then for seven years before was Deputy Lieutenant there that the Defendants Wife said to A. and B. the Plaintiffs servants Your Master Innuendo the Plaintiff is a base Rascally Villaine and is neither Nobleman Knight nor Gentleman but a most villanous Rascal and by unjust means most villanously Keeps Theeves and Traitors about him take other mens Rights from them and keeps a company of Thieves and Traytors to doe mischief and gives them nothing for their labour but base blew Liveries and this all the Country reports and other good he doth not any and it was adjudged for the Defendant yet two of the five Iudges held them actionable but they all agréed none of the words could be actionable but those He keeps a company of Theeves and Traitors to doe mischief Croo. 2. 58 59. and in Yelverton 64. Case 202. Pasche 3 Jac. B. R. Sir George Moores Case was this That there being Slander of a Commissioner out of Chancery with Bribery a Suit in Chancery betwéen Richard King and two others and a Commission by assent of the parties thereunto to him and thrée others Ad examinandum testes audiendum terminandum if they could and if they could not to certifie c. the Defendant said of the Plaintiff these words Sir George Moore is a corrupt man and hath taken Bribes of Rich. King Innuendo that he hath taken Bribes of Rich. King for the executing of that Commission And said further That Richard King hath set Sir George Moore on Horseback with his Bribes to pervert Justice and Equity upon not guilty pleaded and a verdict the Plaintiff had judgement Croo. 2. 65. also in Yelverton 62. Case 203. Mich. 3 Jac. B. R. Kempe versus Howsegoe for these words spoken of Slander of a Justice of Peace Partial Justice him being a Iustice of Peace Kempe is a Basket Justice a partial Justice I will give him five pound every year for his Gifts about Justice-matters and it was held that for the words partial Justice the Action will lye but that none of the rest of the words are actionable Croo. 2. 90. Case 204. Pasche 18 Jac. B. R. May versus Gibbons The Action was for these Charge of Theft Slander by way of interrogation words Have you brought home the forty pound you stole and they were adjudged actionable though spoken by way of interrogation and the judgement was affirmed in a Writ of Error brought upon it Croo. 2 part 568. Case 205. Crumpe versus Barue Pasche 2 Car. 1. Co. B. The Plaintiff he was Bankrupt of a Shoo-maker a Citizen of Gloucester and had so been for twelve years and all that time used the Trade of a Shooe-maker and that the Defendant said of him Hee is a Bankerupt Rogue and it was adjudged for the Plaintiff Croo. 1. 21. Case 206. Wicks versus Shepheard in the Exchequer Pasche 5 Car. 1. hee set Losse of preferment by words forth That he was in Treaty for a Wife and like to have her and that the Defendant to hinder him thereof spake this of him Hee is a sharking Fellow and getteth his living by deceit and used himself violently to his Couzening former VVife and denied her necessaries and is a needy Fellow and his conditions are wicked and for his Religion hee is a Brownist by reason whereof he lost his marriage And it was adjudged for the Plaintiff but agréed that it was by reason of his losse only and that otherwise the words were not actionable Croo. 1. 110. Case 207. Mich. 5 Car. 1. B. R. Shaliver sued Foster and his Wife for these Charge of theft Incertainty in the person slandered words spoken by the Wife of the Defendant of the Plaintiff to Anne Rochester the Plaintiffs Mother VVhere is that lying thief thy Son Innuendo the Plaintiff he hath murthered my Aunt quandam Dorotheam Stoke Amitam defendentis Innuendo and I will prove it and upon a not guilty it being found for the Plaintiff it was doubted because it was not alleadged That there was a precedent communication of the Plaintiff or that he was the only Son of Anne Rochester to whom the words were spoken and the Court would advise Croo. 1. 127. Case 208. Trin. 8 Car. 1. B. R. Goodyear versus Bishop for this That whereas the Plaintiff is and for divers years hath béen a Merchant and used the Bankerupt Trade of a Merchant that the Defendant speaking of him said to one Trades-man Harris Hee is not worth a Groat he is a hundred pound worse than naught and it was adjudged actionable Croo. 1. 193. Case 209. Mich. 8 Car. 1. B. R. Lawrence sued Woodward for this Thou didst Charge of Robbery violently upon the High-way take my purse from me and four shillings two pence in it and didst threaten me to cut me off in the midsts but I was forced to run away to save my life and it was adjudged for the Plaintiff Croo. 1. 202. Case 210. Trin. 1654. Henley and Bayntons Case for these words You have couzened the State of twenty thousand pound and I will prove it for you Couzened the State have received five and twenty thousand pounds profits of the office and not compounded for it and have foysted in words into the order of your composition and after a verdict for it it was adjudged for the Plaintiff Stiles Rep. 436. Case 211. Mich. 17 Jac. B. R. Califord and his Wife against Knight for these Adjective words Whore Pox. Innuendo words Thou art Mutcombes Hackney thou art a theeving VVhore and a pocky VVhore Innuendo that the said Jones had the French Pox and I will prove thee a pocky whore and it was adjudged against the Plaintiff that the words were not actionable and that the Innuendo did not extend them beyond their common sense Croo. 2. 514. Case 212. Pasche 16. Jac. B. R. Barmunds Case for these words hee hath had Charge of Incontinency two Bastards and should have kept them by reason of which words discord did arise betwéen him and his wife and they were likely to have béen divorced And it was adjudged against the plaintiff for that hee did not set forth any special damage that came to him by the words spoken Croo. 2. 473. Averment Case 213. Mich. 10. Jac. B. R. Tooses Case for these words Tooses his wife Innuendo the plaintiff killed thy Husband Innuendo John Dunscombe her Charge of Murder of a Husband husband lately dead And after verdict it was adjudged for the plaintiff and that the words were Actionable albeit it were
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
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
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.
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
Action upon the Case FOR SLANDER OR A Methodical Collection under certain Heads of Thousands of CASES Dispersed in the many Great Volumns of the LAW of what words are Actionable and what not And of a Conspiracy and a Libel BEING A Treatise of very great use and consequence to all men especially in these times wherein Actions for Slander are more common then in times past With an exact Table annexed for the ready finding out any thing therein By W. Sheppard Esq. LONDON Printed for Ch. Adams J. Starkey T. Basset and are to be sold at their Shops at the Talbot in Fleetstreet the Mitre neer Temple-Bar and in St. Dunstans Church-yard in Fleetstreet 1662. TO THE Right Honourable the Lord Chief Justice of the Court of the Kings Bench The Lord Chief Justice of the Court of the COMMON PLEAS The Lord Chief Baron of the Court of the EXCHEQVER And the rest of the Reverend Judges of the same COVRTS Honourable Lords and Reverend Sages of the LAW TO whom should I present this Peece but to Your Selves And of whom should I begge the Patronage thereof but of Your Selves The Work being about the LAW and nothing else but the Grave and Learned Judgements Resolutions and Opinions of Your Eminent and learned Predecessors By which they being dead yet speak And though it must bee confessed that neither the Authour nor the Work have any thing in them to merit Your Approbation yet Your Goodness and condiscention will be the more eminent and singular in affording both him and it Your Countenance and Protection and lay greater Obligations upon Your Lordships most humble Servant W. SHEPPARD To the READER Judicious Reader IT is not improbable but we are faln into the last age of the World foretold by our blessed Saviour Wherein the love of many shal wax cold and Iniquity shall abound And among the abounding Iniquity of this Age the iniquity of the Tongue that little Member set on fire by Hell is not the least And among the evils of the Tongue is there any more pernicious and deadly and yet more common and epidemical then Backbiting and Slander May wee not now say with the Prophet Jer. 6. That men walk with Slanders And with the Royal Psalmist Psal 50. Thou sittest and speakest against thy Brother and Slanderest thine own Mothers Son It is true that in former times wee finde Actions of the Case for Slanderous words very rarely brought which speaks thus much that such words were then very rarely spoken But in these daies they are become almost as natural to men as their language and discourse and therefore the disease so deeply rooted and over-spreading calls for the application of the Remedy which our Law doth abundantly furnish us withall And hence it is I have been encouraged to ingage in this work which is nothing else but a naked and Methodical Collection of the remedies prescribed by the Law against this Malady And herein for brevity sake you may finde in some Rules in the first and in some especially in some of the last Examples answering to those Rules in the last Chapter of the Book an Epitome of the whole work Wherein we have thought it best to name amongst others of more Authority some of the Cases in the Books of uncertain Authors lately published and leave the same to the Judgement of the Reader You may perhaps finde herein some seeming Impertinencies Superfluities Contradictions and vain Repetitions the which upon mature Deliberation will bee found otherwise And there will bee doubtless by reason of the shortness of time and haste of the Press many Erratas of mine and the Printers escaped But this notwithstanding I doubt not but it may bee found very usefull to the ends I have proposed to my self therein viz. For Lawyers to lead them to the Cases that they shall have occasion to look after therein For others to teach them to set a watch before the door of their Lips And if now you will but cover the Defects of the work and accept of the pains of the Author this is all that is desired by your Friend a lover of his Country and well wisher to the Laws thereof W. SHEPPARD THE CONTENTS OF THE Chapters contained in this BOOK Chapters Pages 1 OF an Action of the Case in general 1 2 Some general things of Actions of the Case for Words 3 3 Of the Slander of a Title to Land 14 4 Of the Scandalum Magnatum 16 5 Of Actions for Slanders of all kinds 19 6 Of words of Slander about matter of Treason 32 7 Of words of Slander about matter of Murder 35 8 Of words of Slander about matter of Witchcraft 40 9 Of words of Slander about Rape Sodomy Buggery and house-burning 42 10 Of words of Slander about matter of Theft 43 11 Of words of Slander that may bring a man in danger of other corporal punishment besides death Of Petit Larceny 60 12 Of Perjury 61 13 Of Forgery 66 14 Of words of Slander about matter of Incontinency 68 15 Of other words importing some charge of transgression of a Penal Law 71 16 Of words Spiritual Passionate and Vain for which no Action is given 74 17 Of other words that have another import in them 75 18 Of words that hinder ones Preferment 77 19 Of words importing a charge of Deceit and Couzening 79 20 Of scandalous words that relate to men in their Offices Professions and places of Trust 82 21 Of scandalous words that relate to men in their Trade and VVay of Living 94 22 Of an Action of the Case for a Conspiracy 100 23 Of Pleadings in Actions of the Case for VVords 106 24 Of a Libel 115 25 Some Cases for the illustration and confirmation of all that is before laid down in the whole work 117 Advertisement THere is in the Press an Exact Collection of Approved Forms of Judicial Writs fitted for the use of all Practicers in the Court of Common-Pleas Collected by a very able hand And to be sold by C. Adams I. Starkey and T. Bassett at their Shops in Fleetstreet ACTION OF THE CASE CHAP. I. Of an Action of the Case in general Action of the Case AN Action of the Case is a Writ brought against one What it is Sect. 1. for an offence done without force as for not kéeping promise for breaking Trust for slanderous words or the like Misdemeanour And is called an Action of the Case because the whole Cause or Case so much as is in the Declaration save only the time and place is set down in the Writ And there is no other Action given in the Case save only in some few Cases where the Plaintiff hath his choice to bring this or some other Action This Action is sometimes about Defamations or Slanders and this may How many kinds of it there be be by words spoken Or it may be by a déed done By words spoken it is either for words spoken against the Title of a mans
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.
doth prosecute another upon an Indictment by constraint or compulsion in a Court as where men are obliged to it by their Oath or Office as Iustices of Peace or Iurors sworn to present such offences or witnesses called to testifie their knowledge of such things or one that doth come into a Court voluntarily and there discover one that is a Felon indeed and yet if it be voluntary at the first and after compulsory it may be unlawful and actionable And yet if one shall come into a Court voluntarily and discover Felonies and it be true which hee doth discover and this be without any malice precedent no Action will lye for this So if one come into a Court and by the command of all or one of the Iustices draw or procure to be drawn an Indictment or if being bound to prosecute hee do so and cause an Indictment c. Or if hee be bound to give in evidence and hee do so or hee do give false evidence this will not make him liable to this Action 27. H. 6. 12. 35. H. 6. 14. 27. H. 8. 2. Fitz. 115. Leonard Rep. 107. For if this Writ should lye against one that comes in only to swear to the truth of an Indictment then would no man come in to do it Coo. 4. 14. Bulstr 1. part 185. Porter and Griffins Case B. R. This Action lieth not against a Iuror or witnesse that comes into a Court to be sworn Coo. 9. 55. And if a Witnesse or Iuror had conspired out of Court and the Witnesse had sworn or the Iuror had given a corrupt verdict upon a Conspiracy before out of Court they might have been punished in the Starr-Chamber Coo. 2. 23. 24. And so also of the Iudge or Iustice of Peace But neither Iudge nor Iury nor Witnesse will bee liable to this Action by our Law in such a Case Coo. 12. 23. 24. 12. Ed. 4 18. 21. Ed. 3. 17. 7. H. 4. 31. 35. H. 6. 14. 20. H. 6. 5. F. N. B. â—15 And yet if there be just cause as that in truth there is a Felony committed and any man whatsoever shall complain to a Iustice of Peace of it and thereupon hée that doth complain is bound over to prosecute which is the ordinary course and thereupon hée doth prefer an Indictment and prosecute c. this is not actionable Croo. 2. 32. 130. 191. Bulstr 1. part 150. 5 The procéeding and prosecution must be malicious for an unjust revenge as well as voluntary For if one man do prosecute another in this way upon good ground as where a Felony is done and there is some cause of suspition of that person more than another either by the common fame or otherwise as where a man is robbed and the next Village upon Hue and Cry doth make pursuit and take a man whom they have in suspition and thereupon the party robbed doth indict that man and upon the Indictment in his Trial he is acquitted Or a Coroner after a murder sitting super visum corporâ—s cannot finde out the murder and then enquiring of the first finders of the body they present that J. S. killed him and thereupon hée is indicted and acquitted these proceedings shall not be said to be malicious nor are they as punishable by any Action as in case where it appears he doth begin and prosecute his work maliciously And whether there be malice or not in such a prosecution must be iudged by Circumstances as his manner of prosecution speeches and the like and a Iury only must determine it Bulstr 2. part 2. 84. Broo. Couâ—p 4. Coo. 9. 55. Croo. 2. part 191. 194. Bulltr 2. part 269 Leonard Rep. 107. pl. 146. Bulstr 1. part 149. Croo 1. part 96. Croo. 1 part last publisht 724. 6 It hath been held by some Iudges that it ought not only to be maliciously contrived but it must be false and that if the party be guilty of the Crime whereof hee is accused and for which hee is prosecuted that this Writ will not lye By the two Chief Justices and Lord Chancelour Sed Quere if this may not admit of some exception Huttons Rep. 73. If one be robbed by persons unknown and one of the Theeves had a white Horse and brown Cloak and was like to the Plaintiff and upon this was apprehended and prosecuted this was held lawful and that this Action did not lye for it So where the Daughter complained to the Father shee was ravished by J. S. but was not so and thereupon hee did prosecute him that no Action lay for this So in like cases where there are good and seeming probabilities a man may prosecute another after this manner and justifie it albeit the party accused be innocent and the thing false But if there be no probabilities in the Case or the Iustice in his examination finde no cause to binde over and yet hee proceeds Bulstr 1. part 149. 150. 185. Godb. Rep. 203. Huttons Rep. 73. Bulstr 3. part 331. And in this it is said that if the Charge and Accusation be true but in part as where the Writ doth suppose a man to indict him for murder and it was upon his Arraignment found that hee did kill the man but that the killing was per infortunium or se defendendo in this case the Writ will not lye Fitz. Consp 21. Stamf. lib. 3. cap. 12. 7 The party indicted or appealed must be legittimo modo acquietatus Sect. 3. Acquittal by pardon that is he must be acquitted upon his Trial by the Petit Iury after an Indictment found by the Grand Iury or if hee bring an Appeal be non-suit or the like And therefore if the Acquital be by a general or particular pardon or hee is discharged for the insufficiency of the Indictment and no Iudgement be given upon it or the party is indicted and an Ignoramus is found upon the Bill in all these Cases this Writ of Conspiracy will not lye Croo. 2. 131. Bendloes Rep. 152. Yelvertons Rep. 161. Brownl and Goldsb 10. 9. Ed. 4. 12. F. N. B. 114. Coo. 7. 45. 41. And yet the last of these Cases upon an Ignoramus found is doubted of by some and the contrary said to be twice adjudged 41. Eliz. B. R. 20. Jac. And for the general Pardon hée is to plead it and the Iustices are to allow of it Brownl 1. part 9. Bulstr 1. part 150. 151. Croo. 1. 208. Dyer 28. 85. Goldsb 51. 8 The Prosecution must be about some criminal matter that may bring a scandal upon him for if it be but a matter of Trespasse only no Action will lye for this Stiles Rep. 157. 9 This Action may lye for procuring one to be indicted although the party himself do it not for one may exhibit a Bill to the Grand Iury without oath Stiles Rep. 10 To encourage one that is robbed to cause the suspected Felon to be indicted and to accompany him to the Assizes is lawful to do and will not bring one in
whereas it should have been prefat I. S. Innuendo and this was amended by the Court Croo. 2. 157. As to this Question these things are to be known Where the plea in Bar or Verdict of the Jury will help to maintaine the Declaration and Action or not 1 That the Writ and Declaration must set forth that the words were spoken in auditu or in presentia quamplurimorum subditorum c. otherwise it is not good and the Defendant may take advantage of it but if hee doe not except against it but plead to it and it bee put to a Iury that doth finde for the Plaintiff this may haply supply that defect Croo. 1. 65. 144. 2 That where the words supposed by the Declaration are That Eyres Innuendo the Plaintiff is a Theef And hereupon the Iury doth finde it for the Plaintiff this is good and doth make the incertain words certain and actionable Eyres Case M. 7. Jac. B. R. So if one say to another of a woman passing by shee is a Witch and Sect. 6. hath bewitched my childe Innuendo the Plaintiff and verdict is given for the Plaintiff now it is out of question Pasâ—he 18. Jac. B. R. Roberts Case 3 That where the words that are found by the Iury do not agrée with the words in the Declaration in the substantial and essential form in this Case they will not warrant and maintain the Declaration But if they do agrée in the substantial and essential form though they agrée not in every word yet they may warrant the Declaration and maintain the Action Hobb Rep. pl. 213. M. 4. Jac. B. R. Hill 3. Jac. B. R. Dyer 21. 75. And although all the words in the Declaration be not found yet if the essential and substantial form of the words be found it will be good enough Dyer 21. 75. 4 In this Action for words upon not guilty pleaded the Iury found the words laid in the Declaration to be spoken by the Defendant of the Plaintiff The words were these Thou art a Theef and I will prove thee so And the Iury finde that hée spake the words de Querenti not in his presence but in his absence and so finde it specially And it séems it might be good Bulstr 1. part 56. 5 In this Action against a Husband and Wife if the Iury finde the Husband guilty and the Wife not guilty and a verdict be found in the Case And albeit that the Declaration be naught it now is holpen by the verdict and the Plaintiff may have Iudgement Stiles Rep. 350. 6 If the Action be brought by the Plaintiff against the Husband and Wife for words spoken by the Wife and the Iury finde the Wife guilty this is good and the Iudgement shall be against them both Stiles Rep. 460. Brownl and Goldsb 7. 7 The Count was that the words were spoken falso malitiose and Sect. 7. the Iury found it falso injuriose And it was agréed to be naught and that they were not actionable Trin. 7. Car. B. R. Norman and Simons Case 8 The Count was that the words were That hee is a maintainer of Theeves and a strong Theef And the Iury found all the words but the word strong And it was adjudged for the Plaintiff Burgis Case Dyer 75. 21. 9 The Count was That John Barker and his children be false Theeves men cannot have their Cattel going upon the Common but they will kill them and eat them c. And the Iury found the last but not the first words viz. B. and his children be false Theeves which are the only actionable words and it was adjudged for the Defendant Barbars Case If the Action be for words only and the Plaintiff recover hée is to have Costs recoverable no more costs than the Iury have given damages But if the Action be for words and déeds together as for slandering and causing imprisonment or the like there hée is to have full costs Croo. 1. part 223. If the Plaintiff be non-suit the Defendant shall have costs Hobb pl. 286. CHAP. XXIV Of a Libel A Libel called Famosus Libellus seu infamatoria scriptura is taken Libel What Sect. 1. for a scandalous writing or Act done tending to the defamation of another And this may be and sometimes is against a publick and sometimes against a private person sometimes against the living sometimes against the dead This may be by writing or by other Act done By writing when any Epigram Rhyme or other writing is composed or published to the note or contumely of another by which his fame or dignity may be prejudiced And this may be either verbis or cantilenis as where it is malitiously repeated The kinds of it or sung in the presence of others 2. Traditione when the Libel or any Copy of it is delivered over to another to the intent to scandalize the party Or it may be done by other waies An infamous Libel without writing may be either by pictures when the party is painted in any ignominious or reproachful manner 2. Or by signs when one doth make or fix a Gallows or any other reproachful or ignominious sign at the door of the party or elsewhere Coo. 5. 126. Or the like Thus Jeffes exhibited an infamous writing directed to the King against Sir Edward Cook Chief Justice of the Kings Bench and against the Court for a Iudgement given in the Court affirming the Iudgement to be Treason calling him therein Traitor and perjured Judge and scandalizing all the Professors of the Law containing much scandalous matter in it And fixed the Libel upon the great Gate at the entrance into Westminster-Hall and in divers other publick places and was indicted for it in the Kings Bench and fined a thousand pound committed to the Marshal ordered to stand on the Pillory at Westminster and Cheapside with a Paper of his offence on his back to be detained in prison till hée made an open submission in all the Courts at Westminster and to be bound with sureties for his good Behaviour during life Croo. 1. 125. And so an infamous Libel was composed and published in verse against John the Archbishop of Canterbury and his successour by Circumlocutions and descriptions and not in expresse terms by which they were traduced and scandalized which was punished in the Starre-Chamber Coo. 5. 225. And so William Peacock did exhibit his Bill in the Starre-Chamber against Sir George Reynel for this that the Defendant perceiving that the Plaintiffs Father was inclined to settle his Land upon him that hée to take off his affection and that hee might settle it upon himself writes a Letter to his Father that the Plaintiff was not the Son of a Peacock and was a haunter of Taverns and that divers women did follow him from London and that hee longed for his death and that his Land would not be sufficient to pay his debts c. And the Defendant was there fined two hundred pound and
and B. talking of how many Hares one of them had killed and the other therein say to him You are a Murtherer this is not actionable The Plaintiff therefore was barred Coo. 4. 12. Case 2. Cutler and Dixon To prefer scandalous Articles against any man to In a Course of Justice not actionable the Iustices of the Peace to the intent he may be bound to the good behaviour is in pursuance of justice and not actionable M. 27 28. Eliz. Coo. 4. 14. Case 3. Sir Richard Buckley and Owen Wood Sir Richard sued him for preferring divers scandalous Articles against him in the Star Chamber not determinable there and for affirming the same to be true without naming any of the particulars of the Bill in the County of S. W. doth traverse the affirmance before or after the day in the Count. In this Case it was resolved 1 That the Traverse is not good that the day in the Count is excluded 2 That no Action lyes for things determinable in that Court where In a course of Justice the Complaint is made for it is in a course of justice 3 For things not determinable there it is otherwise for an appeal of Murder brought in the Common Pleas no Action will lye it is in nature of a just Suit though the Court be mistaken but because the words in the County out of which the Action is composed are not actionable the hearers not being of judgement to know what was in the Bill Iudgement was given against the Plaintiff Coo. 4. 15. Case 4. Stanhop and Blisse Case 27 Eliz. An Action was brought by Master Words general and incertain Stanhop a Iustice of Peace Surveyor for these words He hath but one Mannour and that he hath gotten by swearing and forswearing It was Officer Justice of Peace Perjury resolved that the Action would not lye for the words were too general and such words to ground this Action must have convenient certainty in them he doth not charge the Plaintiff with swearing c. and he may recover a Mannour so and yet not procure or agree to the perjury It was resolved to say to another He hath forsworn himself is not actionable for this may be in an ordinary discourse but to say a man is perjured or that he was forsworn in such a Court is actionable And resolved also that for words of Passion and Choller as to call one Villaine Rogue Varlet Villaine Rogue Varlet or the like will not bear Action Coo. 4. 15. Case 5. Hert and Yeomans Case The Plaintiff being a Iustice of Peace sues Charge of an endeavour of Murder for these words For my ground in Alerton Hert seeketh my life and if I could finde I. S. I doubt not but within two dayes to accuse H. of Felony In this Case it was adjudged that for the first words for my ground in A. he seeketh my life no Action will lye for this may lawfully be done Justice of Peace Incertain words if he hold Land of him and be an offender 2 Seeks my life is too general there is no punishment to be inflicted for séeking only But for the latter words it was agréed they were actionable Words general endeavour because for a suspicion of Felony a mans life is brought in question and he may be imprisoned Coo. 4. 16. Case 6. Byrchleys Case 27 28 Eliz. The Defendant said to B. C. a Clerk of Officer charged to deal corruptly the Kings Bench and sworn to deal duly without corruption discoursing together about his carriage in his Office these words You are well known to bee a corrupt man and to deal corruptly In this Case it was adjudged that the Action did lye 1 For the words Ex causa dicendi imply that he meant he did deal corruptly Causa Dicendi in his office and this toucheth him in his oath 2 The words scandalize him in that whereby he gets his living Skinner Justice of Peace slandered of London said That Manwood was a corrupt Judge and it was adjudged actionable and in this Case it was resolved That if the precedent talk had béen that B. was a Vsurer or Executor of another and would not perform the Will And upon this the words had béen spoken they had not béen actionable Coo. 4. 26. Case 7. Weaver and Caridens Case It was adjudged that no Action lyes for saying That the Plaintiff was detected for perjury for an honest man Detected for perjury may be detected but not convicted Coo. 4. 16. Slander of a Justice of Peace Case 8. Stuckley and Bulheads Case 44 and 45 Eliz. It was adjudged That this Action will lye for saying of a Iustice of Peace Hee covereth and hideth Felonies and is not worthy to be a Justice of Peace For this is against his Oath and Office and cause to put him out of Commission and for this hee may be indicted and fined Coo. 4. 16. Case 9. Snagg and Gees Case An Action was brought for these words Thou Charge of Murder Words Repugnant hast killed my Wife and art a Traitor and it was adjudged that the Action would not lye for the Wife as appeared was alive and so vain and no scandal but otherwise it would be if shee had been dead Coo. 4. 16. Case 10. Eaten and Allens Case An Action was brought for these words Hee is Charge of Murder a Brabler and a Quarreller for hee gave his Champion counsel to make a Deed of Gift of his Goods to kill mee and then to flye out of the Country but God preserved mee And it was strongly urged that the Attempt and endeavour to murder Action should be maintainable and divers cases cited Lady Cockein Mich. 32. 33. Eliz. B. R. for these words My Lady Cockein offered to give poison to one to kill the childe in her body Another between Tibbot and Heine in Gloucester for this Tibbots and another did agree to hire one to kill S. B. Also Cardinals Case If I had consented to Mr. Cardinal T. H. had not been alive And the Lord Lumleys Case My Lord Attempts and endeavours Lumley hath gone about to take away my life against all Christian dealing But upon great deliveration it was adjudged that the words were not actionable for a purpose or intent to do an evil Act unlesse it be in case of Treason is not punishable by Law yet such a Conspiracy might have béen punished in the Starre-Chamber when it was up Coo. 4. 16. Case 11. Anne Davis Case The Plaintiff was néer to Marriage the Defendant Charge of Incontinency said of her Shee had a Bastard and by this shée lost her Marriage this is actionable 1. For shée is punishable upon 1. Eliz. if true 2. So upon any naked charge of Incontinency and special damage shewed by it and the ground of the Action is temporal viz. the defeating of her advancement Inne-keeper in Marriage By Popham An
without shewing that shée did act any Witchcraft for which the paine of Pillory and imprisonment for two years should bée inflicted and the second time Felony and that the words Thou art an Old Witch or Goe away thou old Witch are usual words and Old Whore bears no Action and as to say Thou shalt be hanged if I can doe it it is not possible that he could doe it But Iustice Crawley doubted of it at first because that it was alledged that it had béen adjudged in the Kings-Bench that an Action lies for calling one Witch but afterwards hee said that hee had spoken with the Witch alone not actionable Iustices of the Kings-Bench of their reason who said that they adjudged no such thing unless that hee had spoken further that the party had done any act of Witchcraft punishable by the Statute Hill 12. Car. 1. Huttons Rep. 132. Case 186. Powel an Attorney brought this Action for these words I have matter Slander of an Attorney Forgery enough against him for Master Harley hath found Forgery and can prove it against him not guilty pleaded it was found for the Plaintiff but hee could not have Iudgement Hobb Rep. pl. 382. 395. 399. Case 187. Pasche 9. Car. 1. John Smith Town-clarke of Southampton sued Cornelius Slander of an officer a Town-Clarke an Attorney who set forth hee was Town-Clarke to the Mayor and Burgesses there and was their Scribe and had the kéeping of their Rolls Pleas and procéedings before them in their Court c. and Forgery that the Plaintiff spake these words of him Thou hast made many a false certificate to the Mayor and Burgesses in that Court and the more thou stirrest in it the more it will stink and it was adjudged not Actionable 1 Because it was not alleaged that there was any colloquium concerning his office 2 Because it did not appear that the making of Certificates did belong to his office 3 They might bee false and no fault of his unless hee knew of it Huttons Rep. 123. Case 188. Mich. 14. Jac. B. R. Sir John Sidnhams Case for these words If Sir Charge of Treason John Sidnham might have his will hee would kill all the true subjects of England and the King too and hee is a maintainer of Papistry and Rebellious persons The Defendant pleaded that hee spoke other words absque hoc c. the Iury found these words to bee the words I think in my conscience if Sr. John Sidnham might c. and found all the other words Jury found other words verbatim c. And it was adjudged for the Plaintiff and the Iudgement affirmed in a Writ of error and agréed that the words are actionable and that the words found in the verdict are the same in substance as they are in the Declaration and that the variance doth not hurt Croo. 2. 407. Hobb Rep. pl. 213. Case 189. An Action was brought for these words Thou art a healer of Felony Thou art a healer of Felonies and hast shewed such favour to a Horse-stealer in the time of thy Constableship that thereby both the Horse and Theef were conveyed away and that it lyeth in my power to hang thee It was adjudged for the Plaintiff for Healer of Felony is a word known in Devonshire where the Action is brought to bée a Consealer or Hider of Felony as in Yorkshire to say to one Thou hast strained a Mare will bear Action for it is commonly Thou hast strained a Mare Slander of an officer when out of his office taken to steal a Mare And notwithstanding it hee not laid expresly that the Plaintiff was Constable at the time of the speaking of the words It is not material for albeit hee bee out of his office yet hee ought not to bee Slandered with any thing done in his office as if a Iustice of Peace bee put out of Commission and one shall say to him when thou wert Justice thou wert a Bribing Justice this is actionable for albeit it referre to a thing past yet it doth defame him for ever in the opinion of others and will make him to bee accounted unworthy to bear office again Quod nota Pasche 7. Jac. B. R. Pridham against Tucker Yelvertons Rep. 153. Case 190. The Plaintiff declared that whereas he was a Free-man of Wells and did exercise the Art or Mistery of a Linnen-Draper within the same City by the space of five years past and by his credit c. had gained much c. by selling and buying c. That the defendant the twenty eighth of July Bankerupt of a Tradesman Linnen-â—raper Anno quinto c. spake to the same Plaintiff and to A. B. viz. you both Innuendo the Plaintiff and A. B. are Bankrupts and not worth a Groat ad damnum c. And it was found by Verdict for the Plaintiff and it was moved that the Declaration is not good because it was not laid precisely that at the time of the speaking of the words that the Plaintiff was a Linnen-Draper but only by the space of five years past to which Yelverton answered That there is a diversity between Slanders of one in respect of an office and in respect of a Trade or Profession for if one say to a Iustice of Peace hee is a Briber c. Hee ought to shew in an Action for these words expresly in his Declaration that hee was a Iustice of Peace at the time of the words spoken because it soundeth in Slander of his person in respect of his office only which office endures but at the will of the King being by commission But where a man is Slandered in his Profession or Trade there it need not bee so precisely alledged that at the time of the words spoken hee was a Lawyer Physician Merchant or Linnen-Draper but it sufficeth to shew that hee is of such a Trade and hath exercised it for divers years past without saying ultimo Declaration how it must be that hee was a Tradesman c. or jam elapsâ— for a man shall not bee intended to alter his trade or profession but by presumption to continue it during his life Quod fuit concessum per curiam quod nota And the Iudgement was affirmed vid. Trin. 6. Jac. Rot. 1272. For the Case Accords Trin. 38. Eliz. B. R. Rot. 546. Inter Gardner Plaintiff Hopwood Defendant upon the same words Thou art a Bankrupt the Plaintiff alledging Quod per multos annos jam retro actos artem Merchandizandi videndi et licite barganizandi exercuit et usus fuit and Iudgement was given for the Plaintiff Tuthill vers Milton Trin. 7. Jac. B. R. Yelvertons Rep. 158. 159. Case 191. The Action was brought for this Thou art an arrant Knave for thou Accessary to Felony Receipt of stoln goods hast bought stolen Swine and a stolen Cow knowing them to bee stolen adjudged against the Plaintiff for the receipt or sale of goods
292. Action for this Whereas hée was indicted arraigned and acquitted of Slander of a Justice of Peace such a Felony before the Iustices of the Peace of the County of Norfolk that the Defendant said of him If Mr. Hasset and one A. Iustice of Peace of the said County had done Justice Royal had been hanged for robbing me It was adjudged for the Plaintiff Royal and Peckham Mich. 42. Eliz. Com. B. Croo. 1. part last publisht 786. See here 278. and 334. Case 293. An Action was brought for this Thy Mistress is an arrant Whore and Charge of Incontinency would have layn with mee seven years since and I would not unless shee would go to the hedge And it was alledged that shée was in a communication with J. S. of marriage and thereby lost it and upon not guilty Spiritual pleaded and a verdict it was moved in arrest of the Iudgement for that the words were méerly spiritual and punishable in the spiritual Court And that an Action lyeth not for calling of one Whore or Heretick by our Law But they held if the words had béen spoken to him who was in communication Loss of Preferment to have married her so as it had appeared hée had done it purposely to hinder the marriage as in Anne Davis Case the Action is maintainable for the losse and in this Case it was adjudged against the Plaintiff Holwood and Hopkins Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. See Case 277. Case 294. Action for this Thou art forsworn in the Carpenters Hall and didst Charge of Perjury of couzening rob the Hall and deceive the Company of twenty pound And hée set forth that the Company was a Corporation and hée Master of the Company and had the goods and mony appertaining to it and sworn to render an account It was adjudged that it lay not for the first but it lay for the last words and that when any of the words are actionable the Plaintiff shall have Iudgement Thaxby and Smith Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. Case 295. Action for this Thou art a Bankerupt Knave a Vagabond and a Rogue It was held by the Court cleerly that it lyes not for Vagabond Bankerupt Knave Vagabond Rogue and Rogue And of Bankerupt Knave it is doubted Robbinson and Mellor Trin. 43. Co. B. Croo. 1. part last publisht 843. But afterward in the Case of Wolverston and Meres Mich. 44. Eliz. B. R. It was adjudged to lye for saying of a Merchant Hee is a Bankerupt Knave and affirmed in a Writ of Errour Croo. 1. part last publisht 911. And in Croo. 2. 345 Selby and Carrier Action was for this Hee is a Bankerupt Knave and upon not guilty a verdict and motion to arrest the Iudgement because the words were not actionable it was held being two Substantives they were actionable otherwise if it had been Bankeruptly Knave or Adjectively spoken And Iudgement was given for the Plaintiff And yet see Croo. 2. 585. Squire and Johns It is adjudged to lye for saying of such a one Hee is a Bankerupt Knave Action for this brought by one that was Sheriff of a County the last Slander of an Officer Words general and incertain year and that is Sheriff also this year for words spoken to his servant viz. Your Master must not look to have such hudling and shuffling up of matters this year as he had the last year It was adjudged that the words were not actionable Brown and Streete Mich. 43. Eliz. B. R. Croo. 1. part last publisht 848. Case 296. An Action was brought for words and the Plaintiff declared after Declaration Incertainty this manner that the Defendants Wife spake of the Wife of the Plaintiff Quaedam falsa scandalosa verba quorum tenor sequitur in haec verba Thou art an arrant Whore c. And the whole Court held the Declaration ill The words were Thou art an arrant Whore an old worm-eaten Jade and one of thy sides hath been eaten out with the Pox. And the Court held them actionable Croo. 1. part last publisht 857. See before Case 249. Case 297. Action for this said of an Attorney Hee is a paultry fellow his credit Slander of an Attorney doth begin to crack hee doth deal on both sides in Com. B. And Iudgement was given for the last words Hee doth deal on both sides And affirmed in a Writ of Errour in B. R. Mich. 45. Eliz. B. R. Croo. 1. part last publisht 914. Case 298. Action for this Thou art a lewd Fellow for thou hast drawn such a Caused one to be perjured one to Perjury upon a Writ of Errour after Iudgement for the Plaintiff it was held by all the Iudges that the words are actionable as to say Thou hast suborned a man to perjure himself Clerk and Penkeven Mich. 44. 45. Eliz. B. R. Croo. 1. part last publisht 899. Case 299. An Action was for this Hee was indicted for Felony at a Sessions held He was indicted of Felony Averment at _____ And did not averr that hée was not indicted and judgement was staid after a verdict for the Plaintiff for lack of Averment Also it was doubted whether the words be actionable or not for an Indictment is but a surmise Hobb Rep. pl. 289. Blands Case See here 283. Case 300. Action for this Thou didst steal a Sack The Defendant pleaded that a Sack was stoln and common fame was that the Plaintiff had Justification stoln it and upon this hée informed against him to a Iustice of Peace but before the Iustice he used these words to the Plaintiff Thou didst steal c. whereupon the Plaintiff demurred in Law And it seemes the Iustification is not good Scarlet and Stiles Hobb pl. 238. See Brownl Rep. f. 3. Case 301. A. sent a Letter closed and sealed to Sir Baptist Hicks which was so Libel delivered to his hands containing many despightful scandalous words delivered Ironice as saying you will not play the cheater nor the Hypocrite and in that sort taunting him for an Alms-house and certain good works that hée had done all which hée charged him to do for vain glory for which hée was punished in the Starre-Chamber But it séems no Action will lye for this Hobb Rep. 276. Hicks Case Case 302. Action for this I charge him Innuendo the Plaintiff with Felony I charge him with Felony for taking mony out of the pocket of Henry Stacy A verdict for the Plaintiff yet Iudgement was given against him and the words held not actionable for it is no direct charge and the latter words make them ambiguous and qualifie them Hobb Rep. pl. 381. Poland and Mason And yet see after Case 315. 339. that to say I charge thee with Felony is actionable Croo. 2. 312. Case 303. A prohibition was prayed by the Defendant because hée being of Counsel with the Defendant in an Action of the Case
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
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