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
and for this the Action was adjudged to lye for that Court had not Conusance of these things Coo. 4. 14. Croo. 1. last publisht 230. 247. So also if one having a Bill in there against a Iudge for Corruption or the like and hée had gone about and divulged what was in the Bill to others to scandal the party this had béen actionable Trin. 116. Car. B. R. Vast Crooks Case So if a Iustice of Peace sent his Warrant to arrest a man pretended by the Iustice to be accused before him for the stealing of the horse of J. S. the party is arrested and kept in Prison till hée give bond to answer it and in Theft truth the man was not accused nor had the Iustice any ground for it this is actionable adjudged But if in truth hée had béen accused albeit it had béen false Contra Trin. 3. Eliz. B. R. Windhams Case Leonard Rep. 187. If I have lost goods and I suspect a man for it on some ground and I Theft go to a Iustice for a Warrant against him and hée say take héed what you do and thereupon I say I will charge him with the stealing of my goods this is not actionable adjudged Hatton Rep. 113. But if a Felony be done and the rumour fained is that A. did it and thereupon B. doth inform a Iustice of the Report and before the Iustice or elsewhere shall positively affirm that A. did this Felony this may be actionable For albeit one may charge a man with a Felony or arrest a man for it in such a Case of suspition yet hée may not thereupon affirm that hée did it for hée may be innocent all this while Hobb Rep. pl. 238. 103. 381. 112. 105. Or if one shall begin to charge another in the right place and then prosecute it elsewhere out of course there the Action may lye So if hée do or Robbery say more than is necessary in the right rode of Iustice As if I be robbed and J. S. is suspected by the common report now I may have him arrested and prosecute him for it But if I shall report and affirm that J. S. hath robbed mée I may be liable to his Action So where I have duly indicted a man upon a suspition of Felony and I shall after tell of it boastingly in Ale-houses and report of him that hée hath done the Felony whereof hée is suspected or had preferred a Bill in the Star-Chamber of scandalous matter and had after gone and reported the thing in an Ale-house or the like Croo. 1. last publisht 230. 247. So if one shall indict or charge another legally for Felony where there is no ground of it at all nor any colour of guilt about him So where a witness shall go beyond the issue or point in issue and slandereth a third person an Action will lye for this Croo. 1. part last publisht 230. 247. 6. A Bill of Indictment was falsly and maliciously without any colour By way of Indictment of guilt preferred by one to a Grand Iury against another for a Rape and an Ignoramus found by the Iury this is actionable adjudged and affirmed in Error Hill 10. Jac. B. R. Horewoods Case Jenk Cent. 7. Case 64. 40. Dyer 285. Winches Rep. 28. 54. Marches Rep. 76. pl. 119. Stiles Rep. 335. See in March. of Slanders 2. part 10. And if there be malice and conspiracy in a Course of Iustice to take Conspiracy away my life I may be relieved by this in some cases by an Action of the Case for a Conspiracy 27. H. 8. 11. See after 7. Mich. 28. 29. Eliz. B. R. Stanley versus Curson One was brought in by subpena ad testificandum and upon his oath uttered matter of Infamy against the Plaintiff and it was said no Action would lye for this Croo. 1. part last publisht 230. 247. 248. 8. A. Exhibited Articles to have the good behaviour against B. and took his oath before a Master of the Chancery after hée ceased his prosecution there and did get a Supplicavit out of the Kings Bench to have the good behaviour there In this Case it was resolved that the Action did lye But had hee prosecuted in the Chancery although the Articles had béen scandalous no Action would lye for a man shall not be punished for mistaking the Law for hée may be misadvised by his Council Brownl 4. Mich. 27. 28. Eliz. B. R. Tuthill versus Osborne 2. As to the persons of the Slanderer and the Slandered who may have this Action and against whom An Alien born under a King in Amity with our King may have this Alien Sect. 3. Action If therefore such an Alien Merchant who tradeth here be called Bankerupt hée may have this Action against him that so called him Bulstr 1. part 134. Yelvertons Rep. 198. If one man slander two men at one time they may not joyn in one Action but must have several Actions for this slander Pasche 1650. Croo. 1. 368. Dyer 19. Goldsb 76. Marches Rep. pl. 249. So if two men do slander one man hée must sue them severally and may not sue them joyntly for this slander M. 20. Jac. Chamberlains Case 2. H. 7. 16. If the wife slander the Husband and Wife may and must be sued for Husband and Wife this and the Wife may not be sued alone for it But for slanderous words spoken both of a man and his wife the husband may sue one Action alone for his own slander and hée and his wife may after sue another Action for the slander of his wife And so for any slander of the wife alone the husband and wife must sue or perhaps the husband may sue alone but it is safe to joyn his wife with him In Styles Rep. 113. Trin. 14. Car. 1. B. R. Stiles Rep. 361. If two have an office joyntly and a slander be of one of them in relation Officer to his office hée may have this Action and hée must bring it alone Winch. 21. Rep. 40. If one say of a Jewry All the Jewry is perjured Every Iuror may Perjury have this Action against him and they must sue asunder and not together Mich. 7. Jac. Co. B. Deacons Case If the declaration be laid that the Defendant dixit the words and it say not de Querente it is naught for now it appears not how the words were uttered Stiles Rep. 70. If the declaration be hée spake these words of the Plaintiff Thou art a Theef in the second person it is good enough for to say de praefat or ad praefatum is all one So to say to a mans face Hee is a Theef is actionable Croo. 2. 39. Bulstr 1. part 5650. Brownl and Goldsb 5. To say of A. B. Thou art a Theef behinde his back or hee is a Theef Theft to his face And where two be speaking of A. B. and one of them say Hee is a Theef this may be reduced to a
and B. both are slandered and may have either of them this Action Mot and his Wife against Butler Mich. 7. Car. 1. B. R. Croo. 1. 171. So it is said this Action will lye for this I was robbed and A. B. was privy to it and had part of the mony Godb. Rep. 138. pl. 32. 38. Eliz. Redfords Case So it is said it will lye for this Thou hast houstred or received goods that were stoln knowing them to be stoln But it séems these words are not actionable except it be added Ex scientia And that the Action will not lye for saying of a man Hee received stoln goods for hée may justifie that in some cases And if the Receipt be such as is not Felony the Defendant is to set it forth for the clearing of himself Mich. 17. Car. 1. B. R. Haws Case Croo. 2. 331. Bulstr 3. 167. Goldsb pl. 7. But it will not lye for this A. 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 Croo. 1. part last publisht 487. So for this Thou art a concealer of Felons and hast shewed such favour Concealment of felons and goods stoln to a horse-stealer that hee and the horse is conveyed away and it is in my power to hang thee Rewdam versus Tooker Pasche 7. Jac. B. R. So for this if one say A. is a Felon and a stander by saith Take héed what you say And then hée saith Why is not hee a felon that knew of the stealing of a horse and did not reveal it till long after that it was openly known Yelvertons Rep. 154. So also as it séems for this only Thou art a concealer of Felonies Pendants Case Bulstr 1. part 48. So for this it is said it will lye You have bought a Roan stoln horse knowing him to be stoln Godb. Rep. 212. 157. Briggs Case And it will lye for these words Hee is a smotherer and maintainer of Felonies especially when they be spoken of a Magistrate Croo. 2. 268. But it will not lye for this A. hath picked five shillings out of the pocket of B. and her husband was consenting to it Dromants Case Yelverton Pick-pocket 136. It is said it will lye for this A. is a theef for he hath stoln a Lamb from B. and Geese from C. and killed them in my ground So for this Hee is a theef for hee hath stoln a Lamb from A. and killed it in my ground Hill 3. Jac. B. R. So it is thought it may lye for this Thou hast taken my mony and I will carry thee before a Justice of Peace and lay felony to thy charge in Godb. Rep. 202. It is said it will lye for this Hee hath no sheets in his house but what Averment were stoln for him But not without this Averment that hée hath shéets in his house Bulstr 1. part 141. Sed Quere of this So for this it will lye Hee stole a Mare and was in Gaol for it Hobb Rep. pl. 196. So for this Thou hast stoln horses in London So for this thou hast Averment stoln as many horses as I have fingers and toes And in these cases there néeds no Averment that horses were stoln in London or how many fingers and toes hée had So it is said to lye for this Hee is a cunning Knave and acquainted with more cut-purses than any man in Northamptonshire and there is not a purse cut within twenty miles of him but hee hath his part of it Cut-purse Bulstr 1. part 147 36. 37. Eliz. Buts Case But in this case it séems there must be an Averment that there be cut-purses there otherwise it Averment will not lye Popham Rep. 180. Huttons Rep. 58. This Action will lye for words spoken thus You are no Theef are The manner of the words spoken Sect. 12. By way of Interrogation you spoken by way of Irony Apletons Case B. R. Pasche 15. Car. 1. Hill 4. Jac. Lady Morrisons Case See March Rep. pl. 18. So for this What J. S. that Theef Nelsons Case Pasche 15. Jac. B R. Hardwicks Case 40. Eliz. Co. B. So for this I will justifie that Barns is a Theef Trin. 9. Jac. B. R. So for this Have you brought my Horse you have Stoln Maines Case Trin. 9. By way of Interrogation Jac B. R. So for this Hast thou been at London to change the mony thou didst Steal from mee Croo. 2. 569. So for this Did you not hear that A. B. By way of Opinion is guilty of Theft Coo. 12. 134. So for this I verily think him to bee a Horse Stealer albeit hée say not hée is one In Goldsb Rep. 186. So for this Go follow suit against Willimore Innuendo the Plaintiff for Stealing the two Kine and hang him or I will hang thee for this is as much as to say hee Stole them Croo. 1. last publisht 904. So for this Hee did better than many an honester man did for there is Opinion many an honester and truer man hanged And there was a robbery committed whereof I think him to bee one and I verily think him to bee a Horse-Stealer Albeit hée do not say Hee was one of the robbers Goldsb Rep. 186. Owens Rep. 18. Wisdomes Case So for this Thou Mutton-munger Theef bring home my Stoln Hay Mutton-munger-theef In Stiles Rep. 70. So for this Hee is infected of the Robbery lately committed and doth smell of the Robbery Dyer 317. 72. Godb. Rep. 91. So for this If thou hadst had thy right thou hadst been hanged for breaking of Patches House Brownl Rep. 3. Harris Case 2. part 280. So for this If my Lord had done him right hee had been hanged 43 44. Eliz. Royal and vertues Bulstr 3. 360. So for this I doubt not but within two daies to Arrest J. S. for suspition of Felony Coo. 4. 15. It is said this Action will lye for the words in the Cases following viz I will prove that thou hast stoln c. I will prove that J. S. hath Stoln my Books So for this I will bring him before a Justice of Peace for I will prove that hee hath Stoln my Books And yet it is said the words I will bring him before a Justice of Peace alone are not Actionable Pasch 15. Car. B. R. See in March pl. 44. So for this I will prove thee a Theef and a plotter of theeverie and I will prove it by thine own Son or I will send him to the Devil Croo. 2. 214. So for this I will justifie that A. B. is accessary to the Burglary for Accessary which C. D. was hanged Barns and Hunts Case Trin. 9. Jac. B. R. So for this Take charge of him and carry him away for I lay flat Felony I charge thee with Felony c. to him And again afterwards for this to the plaintiff
a Court before a Judge of Record So it do appear to be intended in a judicial procéeding in that Court Coo. 4. 15. 19. Noys Rep. 34. Croo. 1. 307. But it will not lye for saying thou art a false man Nor for this Thou art forsworn or thou art a forsworn fellow Croo. 1. part last publisht Hee is false forsworn 572. Owens Rep. 62. Croo. 1. 144. Coo. 4. 15. 19. Nor for this Thou art a false forsworn Knave Croo. 1. part last publisht 429. Coo. 4. 15. March of Slanders 2. 13. It will lye for this I will prove J. S. to be a perjured Knave Croo. 1. last publisht Croo. 1. 209. Croo. 1. last publisht 374. 500. Nor for this Thou hast taken a false Oath Nor for this Thou hast forsworn thy self Coo. 4. 15. Novs Rep. 3. 222. Or thus I will prove him to be a perjured Knave or I will bear his charges Croo. 1. part last publisht 429. It is said it will lye for this Thou hast taken a false Oath at the Assizes and art false forsworn Stiles Rep. 452. So for this Hee hath forsworn himself in the Common Pleas. Huttons Rep. 44. So for this thou wast forsworn at the Common Pleas Barr. So for this Hee is forsworn and perjured in swearing at the Common Pleas Bar Upon the deeds which hee had in his hand Hill 34. Eliz. B. R. Crews Cases Owens Rep. 13. So for this thou hast taken a false Oath or thou hast forsworn thy self in the Kings Bench Court Noys Rep. 34. Croo. 1. 307. So for this Thou wast forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Thou art forsworn in a Court of Record and that I will prove Croo. 367. So for this Hee hath forsworn himself in a Court Baron Huttons Rep. 44. March 1. part 56. So for this Hee is a perjured old Knave in the Court of J. S. Pasche 40. Eliz. Co. B. Hutchman and Southcots Case So hee hath forsworn himself in the Court of A. Coo. 4. 19. 15. Or in the Court Léet or in the Court Baron of A. Noys Rep. 3. Hobb Rep. 114. pl. 107. It is agréed to bee out of question that the Action will lye for these Sect. 2. words A. was forsworn in such or such a Court as in the Common Pleas in Hereford Assises in the Quarter Sessions of G. or in the Leet of J. S. But some doubt of this if the words bee that A. was forsworn at such a Court for this may bee in ordinary discourse and extrajudicially but others take the Law to bee alike in both For both these opinions see 38 39. Eliz. B. R. Willis Case 38 39. Eliz. Cockins Case It is said it will lye for this Hee hath forsworn himself and I le teach him the price of an oath for I will have his ears cropt Hetleys Rep. 63. So for this Hee is falsly forsworn before the Justices of Assise between A. and B. Hetleys Rep. 188. So for this Thou art a false forsworn knave and art indicted by twelve men for Perjury and thou hast compounded for the same Bendloes Rep. 155. Bulstr 3. part 304. So for this That Perjured knave I. S. stands Perjured upon Record at Guild-Hall London and I will prove it Bulstr 3. part 283. So for this Thou art a Perjured knave and standst Perjured upon Record for denying of thine own hand and I will prove it Bulstr 3. 283. So for this Thou hast forsworn thy self at London and there it appeareth upon Record Croo. 1 part last publisht 583. So for this Thou wert forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Hee is Perjured and I will prove him so by two witnesses without saying in what Court hee is Perjured Noys Rep. 61. Owens Rep. 62. So for this I will prove thee or I can prove thee Perjured M. 7. Jac. B. R. Roberts Case So for this I will prove thee a Perjured knave Yelvertons Rep. 160. So for this Hee is a proper witness hee will swear any thing hee hath already forsworn himself in the Chancery and was committed for it by the Lord keeper Goldsb Rep. 444. So for this said to al witnesse presently after hee comes out of a Court of Record wherein hee was sworn in a cause Hee hath forsworn himself And yet if it bee in a Cause wherein the speaker of the words is a party it may not bee Actionable Hughes Rep. 42. March 20. See Chap. 2. Sect. 9. Godb. Rep. 445. It will lye for this Thou Perjured Beast 18. Jac. B. R. Bensons Case So for this Thou Perjured Beast I will make thee to stand upon a scaffold in the Star-Chamber Croo. 2. 613. So for this spoken of one that is to bée a witnesse before a Iustice of Peace Thou hast been a contentious man this thirty years and a breeder of strife and hast taken a false oath against my Brother and Sister in a matter of innocency and hast taken twenty shillings for it and I will shew it upon Record Stiles Rep. 335. So for this when the Star-Chamber was Thou wast Perjured in the Star-Chamber So for this Thou wast committed for Perjury in the Star-Chamber Coo 4. 19. Hobb Rep. pl. 107. So for this Thou hast forsworn thy self or thou hast taken a false oath in the Leet of J. S. Harrisons Case B. R. Noys Rep. 34. So for this Thou wast forsworn or thou tookest a false oath in the Bishops Court at Exceter Hobb Rep. 346. or in the Court of the Consistory of the Bishop of Exceter Leonards Rep. 131. So for this Thou wast forsworn or thou tookest a false oath in the Quarter Sessions at Glocester 38. Eliz. Carlemains Case Coo. 4. 15. Hobb Rep. 346. 360. So for this Thou art a forsworn fellow for by thy false oath thou hast hanged as true a man as thy self 39. Eliz. Brooks Case Croo. 1. part last publisht 572. So for this Hee is a forsworn man and hath taken a false oath in his deposition at T. where hee waged his Law against mee Croo. 2. part 204. So for this spoken of a man that had preferred Articles against a man Sect. 3. to a Iustice of Peace to have the good Behaviour against him and taken his oath to them Hee made a false oath before the Justice of Peace and I have that in my house can prove it Croo. 1. 275. So for this Hee was forsworn before the Bishop of S. upon examination by him by vertue of a commission out of the Chancery But it is said it will not lye for this Hee was forsworn before the Bishop of S. Noys Rep. 3. So for this Thou art a Perjured person and thou wast forsworn in the Court of Requests and I will make thee to stand upon the Stage for it Croo. 1. part last publisht 135. Leonard Rep. 13. Foster and Thorns Case Or thou hast forsworn thy self in the Court of Requests
losse sustained by the words but in other Cases it séems to be necessary And yet it is said in some Books that the Action will not lye for this Hee keeps a Common Bawdy-house See for these thing Croo. 1. 168. 189. 239. 288. 27. H. 8. 17. Coo. 4. 17. It séems that this Action will not lye at this day for saying of a man or woman That hee or shee is a Bawd And yet in London these words may happily be actionable Stiles Rep. 322. 323. Croo. 1. 168. Noys Rep. 85. 27. H. 8. 14. It is said to have béen adjudged to lye for this Thou art a Whore and a Bawd to thy Daughters and keepest a Bawdy-house Stiles Rep. 326. Hill 3. Car. 1. Elsey and Harrisons Case So for this Hee is not sit to bear office in such a place for hee keeps a Common Bawdy-house in London Bulstr 1. part 138. 27. H. 8. 15. But it is said it will not lye for this Thou art a Pander to Sir H. Vanyham Noys Rep. 74. But here also as in the other heads of Actions of the Case for Slanderous words this is to be added That where the Action shall be maintainable for words of this nature they must be malicious false certain and under the Rule of qualification by other words For if the words be true or without malice incertain or such as may be qualified by the rest of the words spoken with them no Action will lye upon them CHAP. XV. Of other words importing some charge of transgression of a Penal Law THere are some other words that may sound to the hazard of a mans Sect. 1. losse of his liberty or of the enduring of some corporal punishment Speaking against the book of Common-prayer for which this Action may lye And therefore it is held that this Action will lye for saying of a man That hee spake against the Book of Common-Prayer and said it was not fit to be read in the Church in case where hée Averment can and doth aver in his Action that hée hath any special damage by it as that by this means hée was cited into the Ecclesiastical Court and there put to trouble and expence c. otherwise not Brownl 1. part 10. 13. 2. part 100. 129. March Rep. pl. 191. It is said that this Action may lye for calling of a great man Papist or For saying of a man hee is a Papist or hath been at Mass or hath said Masses or is a Priest Recusant or for saying that hee hath a pardon from the Pope or that he can help any man to such a pardon But otherwise it is of such words spoken of an ordinary man Brownl and Goldsb 12. Brownl 2. part 166. March Rep. pl. 191. Leonards Rep. 335. It will not lye therefore against a man for saying of another That hee Papist Recusant Priest is a Simonist a Recusant Croo. 2. 284. Nor for this Thou art an arrant Papist and it were no matter if such were hanged and thou and such as thou wouldst pull the King out of his Seat if they durst Hobb Rep. pl. 187. To say of one Hee is a Mass-Priest or hath said Mass or hath heard Mass divers times may be actionable And to say of one that hee received a Mass-Priest into his House knowing him to be such a one is dangerous Bulstr 1. part 181. But to say of a man Hee hath received a Recusant without more words is not actionable Godb. Rep. 106. Croo. 2. 484. This Action will not lye for saying of a man Hee hath erected a Cottage Erecting a Cottage contrary to the Statute Godb. pl. 125. 106. March Rep. pl. 191. Nor for saying You did eat meat on a Friday Nor for this You did Eat Flesh Fish-daies Sabbath-breaker Strike in a Church eat flesh Fridaies Godb. pl. 125. March pl. 191. Nor for this Thou art a Saboath-breaker It may happily lye for saying Thou didst strike another in a Church with a weapon But not for this Thou didst quarrel in the Church Godb. 125. March Rep. pl. 191. It hath béen said that it will not lye for saying of one Hee is a Champertor Champertor Maintainer of Suits Buyer of Tites Slander of an Officer Maintenance or a Common Champertor or a Common Maintainer of Suits or a Common Buyer of Titles And yet this said of a Iudge Iustice of Peace Attorney or such like officer may be actionable Hobb Rep. pl. 145. and Hares Case And yet in a Case B. R. 35. Eliz It is said by Popham Chief Justice that it had béen adjudged to lye for this Thou maintainest such a Sute Croo. 1. part last publisht 297. See Hobb Rep. pl. 188. Hetleyes Rep. 139. 143. Rioter Maker of forcible Entry Nor for this Thou hast made a forcible Entry into Lands Nor for this Thou art a common Rioter or thou hast committed a Riot And yet some think that this may be actionable Mich. 8. Car. 1. B. R. Stones Case Nor for this Thou art a Forestaller Regrator and Ingrosser Forestaller Regrator Ingrosser Common Drunkard Nor for this Thou art a common Drunkard a Drunkard or a drunken Fellow And yet some say it may lye for the first of these words Croo. 1. 207. March 1. part of Slanders 46. M. 8. Car. B. R. Finches Law 186. Nor for this Thou art a common Swearer Common swearer Sect. 2. Nor as it séems will it lye for any charge of an offence against a penal Law which doth not inflict Corporal punishment save only in case of non-paiment of the penalty This Action will not lye for any of the words in the Cases Common Libeller Slanderer Quarreler Breaker of the Peace Affrayer Night-walker Eves-dropper Hedge-breaker Mis-feasor following viz. for saying Thou art a common Libeller or a common Slanderer or a common Quarreller or a common breaker of the Peace or a common Affrayer Nor for this Thou art a common Night-walker nor for this Thou art a common Eves-dropper nor for this Thou art a common Hedge-breaker Nor for this Thou art a common Misfesor Kitch 173. 22. Ass 31. This Action is said will be maintaineable against any man that shall say Common Barretor of another hee is a convicted Barretor and for saying of a great man of a Iudge Iustice of Peace Attorney or the like Officer He is a Barretor or He is a Common Barretor But it will not lye for saying of a Common person He is a Barretor or He is a common Barretor Hob. Rep. pl. 188. Hetlies Rep. 139. 143. Croo. 3. 171. Croo. 1. part last publisht 171. Kitch 173. Goldsb and Brownl 11. Hobb Rep. pl. 188. Yelvertons Rep. 90. It is said that it will lye for this Hee hath been indicted for Barretry if it were true he was Indicted and upon the Indictment acquitted But had he béen found guilty upon the Indictment then the speaking of the words are justifiable Stiles Rep. 49. But it will
Croo. 2. part 427. But in all or most of these Cases to make such words as these Actionable there must bee an Averment of some special damage to the Plaintiff by the words and in all Cases if the truth bee so it is best so to set it Averment forth in the Declaration But it is held that this Action will not lye for the words in the Cases hereafter following that is to say it will not lye for calling of a common Cozener person cozener cozening knave cheating knave cheater or the like Finches Law 186. Bulstr 1. 138. March Rep. pl. 135. Cheater Officer And yet perhaps to speak so of an eminent person or of an officer in reference to his office it may be Actionable Croo. 1. 345. Croo. 2. 427. Eminent person Godb. 284. It will not lye as it is said for this said of a man that is a suiter to a Widdow Thou didst cozen J. S. of her money in procuring false witnesses to cozen her Albeit hee loose the Widdow by these words Owens Rep. 47. Nor for this said of an ordinary Gentlewoman Thou art a cozener and livest by cozening Croo. 2. part 427. Coo. 4. 16. Nor for this Thou hastcozened J. S. in buying Saddles for him Godb. Rep. 284. pasche 27. Car. B. R. Nor for this Thou hast cozened mee and my two kinsmen and art a false knave 26. Eliz. Kerby and Wallers Case Godb. Rep. 284. Nor for this said of a Mayor Hee hath cozened all his brethren c. See in March Rep. pl. 135. B. R. Mayor of Tibbortons Case Nor for this Thou wert a Suiter to a woman in Southwark and didst cozen her of her goods and procuredst certain false witnesses to bee forged Croo. 1. last publisht 99. Nor for this Thou hast used Jugling with mee Croo. 1. part last publisht Jugling 178. Sect. 2. Nor for this Thy credit hath been called in question and a Jewry being to passe upon it thou foistedst a Jewry early in the morning and thy lands thou hast gotten by lewd practises Croo. 1. part last publisht 348. Nor for this Mr. Crook came unto Cornwel with a blew coat on his back Cozening in sale of Fish and hath now gotten together a great quantity of Wealth by trading with Pirates cozening in the tale of Pilchers and by extortion Balstrod 1. part 216. Nor for this He is a cozening knave and cozened a poor man of one hundred pound and all the Georges are cozening knaves Huttons Rep. 14. Nor for this Hee is a cozening knave and hath cozened mee of forty pound Incertainty Huttons Rep. 14. Nor for this Hee is a false knave and keeps a false debt book for hee In a false debt book chargeth mee with the receit of one peece of Velvet which is false Huttons Rep. 14. Nor for this Thou art a pilfering Merchant and hast pilfered away my goods from my wife and children Huttons Rep. 14. Owens Rep. 56. Nor for this spoken of a man that is no tradesman A. is a cozening In selling a Saphir for a Diamond knave and so I have proved him before the Lord Mayor for selling of a Saphire for a Diamond Huttons Rep. 13. Nor for this Thou art a cozening knave and hast cozened mee of five hundred pound Huttons Rep. 13. Nor for this Thou art a cozening knave and shewedst forth a forged Deed. Bulst 1. part 132. By shewing a false Deed. Cozened a Town Nor for this Thou hast cozened the Town of B. of so much mony albeit hée were an Officer and to account Bulstr 2. 228. Nor for this Hee hath cozened the Earl of H. of as much as hee Innuendo the Plaintiff is worth Bulstr 1. part 162 163. Nor for this said of a Merchant Thou art an arrant knave for thou Of a Merchant hast cozened all Coventry Bulstr 1. part 162 163. Nor for this spoken of a Merchant a Gentleman of the Kings Privy Chamber or whosoever else hée bée Hee is a cozening knave and lives by cozening Godb. Rep. 407. Goldsb 3 4 5. Nor for this You bought land when you cozened the Town in your Accounts Cozening of a Town Bulstr 2. 228. Nor for this Thou are a varlet and hast suppressed thy Brothers will to In the suppressing of a Will deceive others of Legacies Trin. 17. Jac. B. R. Godfreys Case Nor for this Thou hast cozened mee and all my kindred 18. Eliz. B. R. Nor for this Hee hath cozened all the Town of Coventry Nor for this Hee is a very bad fellow for hee made A. drunk in the night and Incertainty cozened him of one thousand marks Goldsb 125. pl. 12. Nor for this Thou getst thy living by cozening Croo. 2. 427. Nor for this Hee is a cozening knave for that hee hath sold mee a chain of Copper for a chain of Gold and that hee is a cozening knave upon Record Deceit in trade But if hée bée a Gold-smith and got his living by buying and selling of Chains and such wares there perhaps it may lye Croo. 3. 171. Croo. 1. last publisht 171. See more in Chap. 18. Chap. 21. Chap. 22. For all these last Cases of Vnactionable words this is also to bee added that if it bee so that the party of whom they are spoken sustain any special damage by them hee may perhaps have an Action of the Case upon them but then hee must be sure in his Declaration to Aver it See March. Averment of Slanders 1. part 100. This also is to bee known herein that The Slanderous words of this kinde are also liable to the general Rules of other Slanderous words that is they must bee false malitious certain and the like or they will not bee Actionable See more in Chap. 18. and 19. and in other Chapters CHAP. XX. Of scandalous words that relate to men in their Offices Professions and places of Trust THere are other scandalous words that reflect upon men in their Offices Sect. 1. Professions and places of Trust and these are either such as charge them with corruption and dishonesty or with ignorance and unskilfulnesse therein and for this it may go for a Rule as to such Persons generally that for any words that shall import a charge of unskilfulnesse or dishonesty and corruption in and about their Offices this Action will lye It is therefore agréed that this Action will lye for a Bishop against him Of a Bishop that shall say of him Hee is a Papist or Recusant or that hee hath received a pardon from the Pope or the like Brownl and Goldsb 12. and 2. Recusant Papist part 166. March Rep. pl. 191. This Action will lye also for a Iudge Iustice of Peace or such like Officer Of a Judge or Justice of Peace for the words in the Cases hereafter following spoken of him viz. That hee is a corrupt Judge or hee is a corrupt Justice of Peace or hee
is a corrupt Officer or hee is a corrupt Man if it be spoken with reference to For matter of corruption his Office Coo. 4. 14. 16. 19. So for this Hee gave a corrupt sentence in such a cause Popham Rep. 35. Popham 177. Hobb Rep. 35. So for this Hee doth not administer true Justice Croo. 1. part last publisht 358. So for this He dealeth corruptly So for this Hee is a false Judge or hee is a false Justice of Peace or hee taketh bribes Coo. 4. 16. Broo. 112. So for this Hee is a lewd Justice of Peace Croo. 1. part last publisht 158. So for saying of such a one Hee is a Felon or hee is a common Barretor Fellon Barretor Champertor Maintainer of Suits Extortioner or hee is a common Champertor or hee is a common Maintainer of Suits or hee is an Extortioner or hee hath committed Extortion or the like Hobb Rep. pl. 145. 188. Goldsb and Brownl 11. 30. Ass 19. Popham Rep. 35. Kitch 173. So for this Hee is a Basket Justice a partial Justice I will give him five pound a year for his gifts about Justice matters And yet it is said in this Case that none of the words but partial Justice are actionable Croo. 2. 90. So for this Hee took forty shillings for a bribe Yelvertons Rep. 142. So for this You have extorted twenty shillings above your due fees Stanleys Case Pasche 14. Jac. Coo. 10. So for saying of such a Iudge or Iustice Hee covereth and hideth Felonies and is not worthy to be a Judge or Justice of Peace So for this you cover and hide felonies Dyer 72. Stuckleys Case Pasche 7. Jac. B. R. Coo. 4. 16. So for this There is a Nest of Theeves in Dale and Sir John Bridges is the maintainer of them Pophams Rep. 180. So for this You out of malice and spleene have perverted Justice and have wrested the Law many times to serve your own turn And in this Case there was no Averment made in the Action that the words were spoken with reference to his office Beamond versus Sir Henry Hastings Averment Mich. 7. Jac. B. R. Bulstr 1. part 96. Croo. 2. 241. So for this Hee is but a half-eared Justice hee will hear but on the one side Croo. 1. 162. So for this Hee can hear but with one ear Chomleys Case Hetley Rep. 123. So for this You are a sweet Judge or Justice of Peace you sent your Warrant for J. S. to be brought before you for suspition of felony and afterwards sent J. D. to give him warning thereof that hee might absent himself Burton versus Tokin Croo. 2. 143. 413. So for saying these words I have been often with him for Justice but never could get any at his hand but Injustice Croo. 1. 9. So for this You are an Ambodexter and you take mony on both sides M. 2. Jac. B. R. Dawtries Case So for this Sir William Buttons men have stoln sheep and hee spoke to mee not to prosecute them Popham Rep. 180. So for this Hee hath been the cause of the over-throw of a hundred men by false and subtil means In Brownl 2. part 299. March Rep. 8. So for this A. being arrested as accessary of Felony Mr. Stafford Innuendo the Plaintiff knowing thereof discharged him by agreement of Sect. 2. three pound to which Mr. Stafford was privy whereof thirty shillings was to be paid to him and was paid to his man by his appointment Trin. 36. Eliz. B. R. Croo. 1. part last publisht 536. So for this Hee hath received mony of a Theef that was apprehended and brought before him for the stealing of certain sheep to let him escape and to keep him from the Gaol Pasche 17. Eliz. B. R. Brownl 1. part 11. Cottons Case So for this said of a Iudge that had given his sentence in a Cause betwéen the Defendant and another That the same sentence given by the Plaintiff Innuendo c. was corruptly given Croo. 1. last publisht 305. So for this Mr. Gilbert hath done mee wrong in returning the Recognisance of Podger in twenty pound where it was taken in ten pound and the Sureties in ten pound a peece Pasche 4. Jac. Gilberts Case B. R. So for this Thou hast forged a Recognisance taken before Fisher and others Croo. 1. part last publisht 883. So for this said where upon Articles upon Oath before the Iudge or Iustice against mée I say By your means I had wrong at the Sessions for you caused Hickman to swear against mee that which was not true Innuendo the said Oath Croo. 2. 308. Yelvertons Rep. 221. So for this Mr. H. did put in of his own head these words into an examination taken by him viz. J. S. did steal twenty sheep of such a mans And for saying this further of the Iustice Hee is a debauched man and not fit to be a Justice of Peace But it was said the Action did lye for the first and not for the last words Stiles Rep. 22. So it séems for this where one is arraigned and acquitted of a Felony and the prosecutor shall say if A. and B. had done Justice C. had been hanged for robbing mee And that for this A. B. and C. may have this Action For Matter of Ignorance This Action will lye for saying of a Iudge Iustice of Peace or such like Officer He hath no skill in his office Hill 16. B. R. But this Action will not lye for such a person where a discourse is about For other Matters him as to his body and health and therein one of them shall say Hee is a corrupt man Nor where the discourse is about his Estate and therein one of them shall say Hee is a Bankerupt Nor where a discourse is about his Words of Qualification Vsury or his fraud in an executorship and therein one of them shall say Hee is a corrupt man or hee is a false man or the like And therefore in these and such like Cases where the Plaintiff shall set forth but part of the words of the conference the Defendant must set forth the occasion of the words by the rest of the conference Coo. 4. 14. But if the words bee spoken without any such references as in the Case before they will bée Actionable for they shall bée so intended and taken in the worst part Hob. Rep. pl. 351. Nor will this Action lye for this You do openly maintain and countenance the worst people against Gods Laws and the Queens Croo. 1. part last publisht 297. This Action also will lye for such an Officer for this Hee is not worthy Hee keeps a Baudy house to bee in such an Office for hee keeps a common Baudy-house in London Simpsons Case Bulstr 1 part 138. So for this said to such a one You are no true Subject Or for this said to his man Thou servest a Master that is no true Subject Croo. 2. 202. So for this Hee and
an Averment that there is such a Théef in England yet this Case is more doubtful Noys Rep. 116. Winch. Rep. 70. 89 So if one say My Son stole my Hens if hée sue his Father hée must averr hée is his Son Mich. 14. Car. B. R. It will be the wisdome therefore of a Plaintiff in his Declaration not Caution to omit any thing this way for to averr any thing néedlesse cannot hurt But not to averr any thing néedful is dangerous herein and destructive to the Action 12. If one had slandered a man by his Bill in the Starr-Chamber and one had brought an Action for it and the party said his Bill was true this had not been sufficient without Averment and shewing of the particulars of the Bill Coo. 4. 14. 13. Where the Declaration is for this Thou art a Theef for thou stolest my Sons goods it néeds not be averred that hée had goods 38. Eliz. Co. B. Eslin and Moores Case 14 Where the Count is for this I will justifie that Barnes is accessary to the Burglary for which C. D. was hanged there néeds no Averment that hée was hanged for such a Burglary Trin. 9. Jac. B. R. Barnes Case If the Action be brought for this charge Hee stole the Horse of J. S. it néed not be averred hée had a Horse If for this Hee killed his Masters Cook it néed not be averred that his Master had a Cook Bridgman Rep. 60. 15 Where the Count is for this My Master B. hath robbed me of all my goods it need not be averred that hée was his servant M. 15. Jac. B. R. Browne and Low So where the Count is for saying Pritchards man robbed him it seems it must be averred that hée was Pritchards man 16 If the Plaintiff declare that there was a conference between the Defendant and one R. and hée said Your Master E. meaning the Plaintiff is a forger of Deeds hée must averr or it must expresly appear that R. when hée spake the words was his servant Brownl and Goldsb 10. 17 That it will lye for these words Thou didst kill thy Masters Cook Innuendo J. S. late servant of J. D. without any Averment that the Plaintiff had a Master or that J. D. was his Master Bridgm. Rep. 60. But if the Wife of the Defendant shall say to the Plaintiff to A. B. Where is that lying Theef thy Son Innuendo the Plaintiff hee hath murdered my Aunt Quandam D. S. Amicam defendentis Innuendo and I will prove it in this case it is doubtful Croo. 1. 127. 18 That it is held by some that if one bring an Action for words spoken against him as a Iustice of Peace or Officer that the Plaintiff is to averr in his Count that hée was a Iustice or Officer at the time of the words spoken But otherwise it may be if it be brought by a Tradesman for a slander to him And there that it will be sufficient to say That hée hath been of the Trade for divers years past and that this will be sufficient Yelvertons Rep. 21. 153. 158. 19 If the words be Thou art a Theâ—f and hast stoln more goods than I am worth here néeds no Averment of his worth Bulstr 2. part 141. So where the words be Thou hast stoln more horses than I have fingers and toes there néeds none of his fingers and toes Bulstr 2. part 141. 20 If the words be thus Hee hath no sheets in his house but what were stoln for him there must be an Averment that hée hath shéets in his house or the Action will not lye 42. Eliz. B. R. Bulstr 2. part 141. As to this the Plea in Barr these things are to be known 1 That the pleading of the Defendant or the verdict of a Iury or both in many cases may help to cure a defect in the Action brought Croo. 1. 303. What shall be said a good plea in bat or Justification to this Action Sect. 4. 2 That where the Declaration for the substance of it is incertain and naught the Bar will not help it But where the fault is in the form only the Bar may help it As where J. S. declares for words thus quod in presentia diversorum c. dixit de prefat querent haec verba Anglicana viz. thy Father predict querent Innuendo is a Theef for hee stole my Sheep the Defendant doth justifie and it is found for the Plaintiff no Iudgement can be had because it doth not appear that the words are spoken of the Son of the Plaintiff Brownl Rep. 1. 187. 3 That the Defendant may in this Action plead not guilty or if the Plaintiff declare upon some of the words only where all of them together are not actionable the Defendant is to set them forth at large as hée spake them and traverse justifie or plead not guilty to the rest of the words as the Case is Or if the words be true and hée be able to prove it hée may justifie the speaking of them As for a charge of Perjury to shew hée was perjured in the Starr-Chamber for calling of him Théef that hée was attainted of Petit Larceny Coo. 4. 13. 19. New Book of Entries 24. 25. 26. And so in all cases where the Plaintiff shall omit any thing material on the Defendants part the Defendant may plead it by way of Bar. Coo. 4. 17. 4 To say a man was indicted for a Felony may be justified if it be true but the words are not actionable Hobb Rep. pl. 89. 5 In a Charge of Perjury it is not a good Iustification to say That hee swore such a thing in a Court falsly unlesse hée add this knowing it to be false M. 38. 39. Eliz. B. R. Willis Case 6 If one call a man Théef hée may justifie it for that hée stole a shéep Hobb Rep. 258. 27. H. 8. 22. 7 If I say to another A. B. is a Theef to J. S. and to mee and an Action is brought for this and I justifie for a Felony done to mee only this is not sufficient for the Charge is of a double Felony and the Iustification is only by a single Felony M. 21. Jac. B. R. 8 An Action was brought against Husband and Wife for words spoken by the Wife and they pleaded not guilty and agréed to be nought and that the Wife aloke is to plead not guilty Brownl Rep. 6. Hobb Rep. 126. 9 That where A. doth call B. Theef and hée doth justifie that hée stole shéep and the Defendant shall plead the general pardon after the words spoken that this is not good M. 13. Jac. Com. B. Cuddingtons Case 10 That it is not a good justification to a Charge of calling one Thief that a Robbery was committed and the common fame was that the plaintiff did it Dyer 230. Brownl 2. nor is it a good justification for calling of one Murderer to say There was a Murder done and the Plaintiff was indicted for it or that he
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
opinion the other Iustices did incline but this was only upon motion Croo. 1. part last publisht fol. 214. Case 49. Action for these words Thou hast sought the blood of thy Husband Charge of Murder and wast his death for if thou hadst been an honest woman hee had been alive yet And averrs in facto that her Husband was killed it was moved the Action lyeth not for it is not said shée did any unlawful act and Averment it was cited to be adjudged Mich. 18. 19. Eliz. that for these words Thou wert the death of J. S. Action lyeth not for it may be by grief but it was ruled here that the Action lyeth for they shall be taken to be spoken in malam partem and it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 239. Case 50. Action for these words ss Aid mee to Stoner for I have Felony to Charge indirect lay to his charge for hee would have robbed mee After verdict for the Plaintiff it was alledged in arrest of Iudgement that the words are not actionable for perhaps the saying I have Felony to lay to his charge of themselves are actionable but when hée saith further for hee would have robbed mee they prove no Felony but extenuate the first words and shew what hée did intend and the last words are not actionable for to say One would have robbed mee an Action lyeth not without shewing Intent or will to do a Felony some overt act put in ure which is Felony or cause to binde one to his good Behaviour for though hée had an intent peradventure hee repented of it and did no evil act And Lea cited a Case adjudged in 27. 28. Eliz. inter Tuttle Osborne that these words scilicet thou wouldest have murthered mee are not actionable and for this cause the Court inclined that an Action did not lye Sed adjurnatur Croo. 1. part last publisht fol. 250. Case 51. Action for words ss My Lord President of the North shewed Mr. Stapleton his hand set to a Book whereby hee had consented to the late Charge of Treason Rebels of the North but by the means of Mr. Fairfax my Lord President was perswaded and the matter suppressed after verdict for the Plaintiff it was moved in arrest of Iudgement that an Action lay not for it is not said that hée consented to the Rebels but that his hand was set to a Book whereby hée did consent c. but sheweth not who set to his hand it might have béen done by another Also it is not said hée consented to them in their Rebellion but the consent may be in some other matter nor that hée knew they were Rebels Also it appeared not in what they were Rebels if in Treason or only upon processe of Rebellion Cura contra in omnibus for it cannot be his hand if hee himself sets it not to the Book but another may write his name and when hée said hée consented to the Rebels and shewed not any certain person this cannot be otherwise intended but that hée consented to all the Rebels in their Rebellion but if hée had said That hee consented to A. and B. which were Rebels this peradventure may be intended that hée consented to them in some other matter as it was ruled 26. Eliz. inter Brown Lisle where the words were Hee was confederate with Campian the Jesuite no Action lay for it is not said hée knew him to be a Iesuite nor in what matter hée was confederate with him and in this term it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 251. Case 52. Action for these words Mr. Winckfield you never thought well of mee since Graves did steal my Lamb adjudged actionable although it Charge of Theft was alledged in arrest of Iudgement that it was not a direct affirmance that G. R. did steal it Croo. 1. part last publisht fol. 289. Case 53. Action for words and declared that the Plaintiff was an Inn-holder in Inn-holder D. the Defendant spoke these words Thy house is infected with the Pox and thy Wife was laid of the Pox adjudged actionable for it shall be intended Infectious disease the great Pox and if it were the small Pox yet they were actionable for it is a discredit to the Plaintiff and guesse would not resort thither and it was adjudged for the Plaintiff and fifty pounds damages given Croo. 1. part last publisht fol. 289. Case 54. Action for these words Thou art falsly forsworn in Bell Court Innuendo About Perjury a Court Baron held at Bell per Curiam with this Innuendo the Action did lye otherwise not Croo. 3. part last publisht fol. 297. Case 55. Action for these words Thou art forsworn and perjured the Iury found About Perjury a special verdict that the Defendant said the Plaintiff was a forsworn fellow to whom the Plaintiff said will you say I am perjured the Defendant said yes if you will have it and the Court conceived that upon this matter an Action did not lye and it was adjudged for the Defendant Croo. 1. part last publisht 297. Case 56. Action for words for that whereas the Plaintiff was a Iustice of Peace Justice of Peace the Defendant said You do openly maintain and countenance the worst people against Gods Laws and the Queens after verdict it was moved that an Action did not lye for these words for it is not shewn who these people are which hée intended were the worst people viz. Rogues Hereticks or the like and it is not shewn that hée did know them to be such persons nor in what hée did maintain them and of that opinion were Fenner and Clench but Popham Chief Iustice contra for they sound to his discredit and hée said it was adjudged upon good deliberation in a Case betwéen Sir Henry Portman and Stowell that for these word Thou maintainest such Charge of Maintainance a Suit an Action did lye for maintainance is unlawful and odious and it is here alledged to bee spoken malitiose and cannot bée intended but hée maintained them in their naughtinesse and afterwards Mich. 35. 36. Eliz. the Case was moved again and it was held by the whole Court that the Action did not lye for the words are too general to maintain an Action Croo. 3. part last publisht fol. 297. Case 57. Action for these words Thou art a perjured Knave for thou swarest Charge of Perjury this day at the Leet that I bake bread in my house where I did not after verdict for the Plaintiff upon not guilty pleaded it was moved that an Action lay not for these words for perjury cannot 〈◊〉 a Léet whereof the Law takes any notice but all the Court held that the words were actionable for although it bee not a perjury punishable by the Statute of 5 Eliz. yet it is a discredit for which an Action lyes wherefore it was adjudged
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
Pleading of all the words or of any part of the last words adjudged the justification was not good and therefore the Plea vicious and judgement was given for the Plaintiff Hilsden and Mercers Case Croo. 2 part 676. Hilsden versus Mercer Case 153. Hill 43 Eliz. Humphry Parlor sued for this Parlor was in Prison in a Manner of the charge of theft Gaol for stealing of Mr. Piggots Beasts and had a verdict and judgement upon it Goldsb 130. Case 154. Mich. 39 40 Eliz. Brough versus Dennison for these words Thou hast Charge of theft by words incertaine stoln by the High-way side and the words were not held actionable Goldsb 143. Case 155. Mich. Jac. B. R. The Defendant spake these words of the Plaintiff being a Iustice of the Peace He meaning the Plaintiff for malice and spleen did many times wrest the Law and pervert Justice to serve his Slander of a justâ—ce of Peace owne turn It was moved it was not alledged That there was communication with any other of the Plaintiff or that it was about the execution of his office and then the words He did c. Non constat whether the standers by knew they were spoken of the Plaintiff and the words that he did many times wrest the Law c. might be spoken long before he was a Iustice but adjudged the Action doth lye the Declaration being that He de prefate Thomas Dixit And secondly the words shall be taken in the worst sense to scandalize him in his office Sir Tho. Beaumont and Sir Hen. Hastings Case Croo. 2 part 240. Case 156. Pasche 30 Eliz. Cutts versus Robbins this Action was brought and Words spoken in the time of another King they were at issue and it was found for the Plaintiff and hee had judgement albeit the words were spoken in the time of Q. Mary and perhaps the offences of that nature were pardoned Goldsb 85. Case 157. Hill 43 Eliz. Hugh Hall sued for this that whereas he had lost Cloth and searched after it that the Defendant said Hugh Hall hath received Charge of being Accessary to a theft three parcels of his cloath again of the thief and if I receive any hurt henceforth I will charge him with it in this Case it was adjudged that the words were not actionable Goldsb 119. Halls case Case 158. The same Tearm Richard Somerstailes sued for this R. S. is a very Drunkenness bad fellow for he made I. S. drunken in the night and couzened him of an hundred Marks and judgement was staied for it was held that the Couzening words were not actionable Goldsb 125. Case 159. Hill 7 Jac. B. R. The Defendant at W. in the County of G. in the hearing of divers spake these words of the Plaintiff being a Counsellour Slander of a Counsellour at Law You are a paultry Lawyer and use to play on both hands and at another time before the Chancellour of the Bishop of Gloucester for he spake to the Chancellour of the Plaintiff I hope you will not beleeve Mr. Rich for he Innuendo Mr. Rich is the furtherer and maintainer Maintainer of Felons of Felonies adjudged the first words not actionable but the last words viz. That he was a furtherer of Felonies were actionable and so was it adjudged in Sir Hen. Leas Case Rich and Holts Case Croo. 2 part 266. Case 160. Trin. 29 Eliz. an Action was brought for these words Thou wouldst Charge of an Attempt or Endeavour have stoln a peice of cloath or else thou wouldst have delivered it to my Wives daughter and thou art a thief and an arrant thief and it was adjudged they were actionable upon the last words otherwise perhaps it is where the words are And therefore thou art a thief Normans Case Goldsb 56. and Hill 30 Eliz. Edward Smith sued VVarner for this Theft I was robbed of goods to the value of forty pound and they were stoln by Smith and his houshold Innuendo the Plaintiff and A. his Wife and B. their Servant and upon not guilty it was found for the Plaintiff and he had judgement and it was agréed that each of them may have several Actions for the slander Goldsb 76. Case 161. Pasch 9. Jac. B. R. Action for these words Mr. Berisford meaning Charge indirect of Treason the Plaintiff hath spoken Treason and that I will prove moved the words are not actionable 1 Because there is no expresse affirmation that the Plaintiff is a Traytor 2 The words That I will prove is quasi by way of argument which is not to be taken in ill part But the opinion of three of the Iustices was that the words shall not be taken argumentative but affirmative and Iudgement was given for the Plaintiff by consent of Parties the Iudges being divided in it Berisford and Cresses Case Croo. 2. 275. Case 162. Hill 10 Jac. Morton versus Leedel The Action was for this He is a Mainsworn Fellow Lyar. lying dissembling fellow and a mainsworn and forsworn fellow and judgement was given for the Plaintiff after divers motions Brownl and Goldsb 4. Case 163. Hill 15 Jac. Harding versus Bulman The Plaintiff declared that before this he brought an Action against B. for slanderous words to which he Indirect charge pleaded not guilty and that the Plaintiff gave evidence to the Iury to impeach the Plaintiffs testimony that he was a common Lyar and so recorded Manner of utterance in the Starre Chamber by which the Plaintiff gave him the lesse damage in this Case the Court agréed that the Action would not lye Goldsb and Brownl 2. Case 164. Pasche 29 Eliz. An Action was brought for this Thou dost harbour Harbour Rebels and Traitors and maintaine Rebels and Traytors and it was adjudged to lye without this averment that hee knew them to bee such Goldsb and Brownl 1 part 48. Case 165. Trin. 14 Jac. B. R. Rot. 39. an Action for these words The 12th Decemb Charge of Treason 13 Jac. that John Piers did say That John Lewis meaning the Plaintiff did say That there is no Prince in England whereas re vera J. Piers never spake any such words and the Plaintiff adds that the King his Son Prince Charls were then in England It was moved 1 That it was but the report of another and not his owne spéech 2 It is not shewed when the words were used for it might be in the time of Q. Eliz. But it was adjudged that the Action lyes for it shall bee taken hee spake them in the worst sense to draw him in question for his life and they touch him in his Loyalty which is a capital offence if true and he adds the words were never spoken wherefore hee cannot shew any time of speaking of that which was never spoken Lewis and Walâ—ers Case Croo. 2. 406. 413. Bulstrode 3. 225. Case 166. Pasche 14 Jac. B. R. Smead and Badleys Case The
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
the words were spoken falso malitiose and there néeds not an expresse Averment that they were so spoken as there ought to be in an Indictment and this Declaration is laid two years after the words were spoken Therefore take your judgement except better matter be shewn Styles Rep. 435. Case 198. Townsend brought an Action upon the Case against Barker that had Couzening Knave béen a Co-partner with him in Trade for speaking these words of him You are a couzening Knave and did couzen mee of twelve hundred pound at one time and that was in making an account in the year 1648. Vpon a Verdict for the Plaintiff it was moved in Arrest of Iudgement Trades man that the words are not actionable because though they be spoken of a Trades-man yet they are not spoken of him in reference to his Trade but in reference to an account and although by way of reduction and consequence they may reflect upon his honesty yet they are not actionable and though his Reputation be impaired by speaking them yet hée cannot bée indicted for couzening in his Trade by reason of them because they are spoken of a singular and particular abuse and not of a general couzening used in his Trade and an Action of the Case lyes not for words which are only scandalous by way of Reduction and if the words should hinder the party to get a partner hereafter to trade with him yet hée may use his Trade and so cannot be preiudiced Nor are the words that he cheated him but that hée couzened him which are not of so violent a Construction Wild on the other side said that here is a Partnership which is necessary to the driving of a Trade and without which it cannot be so well driven and the account is incident to all Partnerships and prayed for Iudgement Co-partners in Trade Roll Chief Justice if the Co-partnership continued the words were actionable without doubt For then they must be spoken of him in the way of his Trade but here the Partnership being ended makes the matter more considerable but yet as it is the words are scandalous and may hinder from getting a Partner for the time to come and it may be hée cannot manage his Trade without a Partner and although an account be a private thing yet the Plaintiff is disgraced by the speaking of the words and none will deal with a man that will couzen his own Partner and we must countenance Trade and Traffick and mens Credits and the account is not so collateral a thing to trade as Hales objects as is the hiring of a shop to trade in or the like German Justice ad idem and said that Co-partnership is necessary to support Trade and the kéeping of a true accompt is the principal thing betwéen Partners Nicholas and Aske Justices ad idem Judicium nisi pro quaerenter Styles Rep. 389. Case 199. Sir William Walgrave brought an Action upon the Case against Agur. Vpon these words spoken by the Defendant to a Servant of the Plaintiff Treason it is well known that I am a true Subject but thou Innuendo the said Servant servest no true Subject and thine own conscience may accuse thee thereof It was moved in arrest of Iudgement that these words are not actionable for no slander comes to the Plaintiff thereby for perhaps the party served no man but the Quéen and if the words may receive such sense which is no pregnant proof of Infamy they are not actionable as in the Case betwixt Savage and Cook These words Thou art not the Queens friend are not actionable for it might be they were Words incertain as to the person slandered spoken in respect of some ordinary mis-demeanours as in not payment of subsidies or the like Also it is not averted that the party to whom the words spoken was the Plaintiffs Servant Cook where a man is touched in the duty of his office or in the course of life an Action lyeth although that otherwise the words are not actionable and here is set forth in the Declaration That the Plaintiff at the time of speaking of the said words was a Iustice of Peace and Sheriff of Suffolk and Captain of a Troop of a hundred and twenty horse to attend the preservation of the Quéens person So in respect of place and dignity in the Common-wealth as 2. H. 8. The Bishop of Winchestor brought an Action upon Scandalum Magnatiam the Statute of Scandal Magnatum upon these words My Lord of Winchester sent for mee and imprisoned mue until I made a release to J. S. and in respect of his place and dignity the words were holden actionable and 9. Eliz. Dyer in an Action upon the Case by the Lord Aburgaveny against Wheeler My Lord of Aburgaveny sent for us and put some of us into the Coal-house and some into the Stocks and mee into a place in his house called Little-Ease and the words were holden actionable So in our Case Lewes said it was the Case of one Kinsey one said to a Bayliff of a Franchize Thou didst execute false Officer slandered VVarrants without saying they were falsified by him adjudged an Action did not lye VVray Chief Justice These words in themselves are not actionable for the Plaintiff might be untrue in small things which gave no discredit but the quality of the person of whom they were spoken may add weight to them as to call one Bankerupt generally Bankerupt no Action lyeth upon it but to call a Merchant so is actionable So to call one Papist no Action lyeth for it but if one calls the Arch-Bishop Papist of Canterbury in an Action will lye for hee is Governour of the Church Thou art an untrue man to the Queen gives not an Action to an ordinary Untrue man to the King Subject but such words spoken of one of the Privy Council are actionable Corrupt man of themselves are not actionable but being spoken of a Iudge an Action Iyeth It was Birchleys Case an Attorney of this Court Thou art a corrupt man and dealest corruptly and it was adjudged per curiam that Slander of an Officer the words were actionable for that refers to his Calling Gawdy was of opinion that the words were actionable of themselves without respect had to the quality of the person of whom they were spoken for the words are particular enough and to touch him in the duty of a Subject which is to be faithful to his natural Prince is a great reproach and slander Fenner conceived that the words were not actionable Wray as before of themselves they are not actionable for they are in general for if hée bée indicted of Trespasse he is not a good subject Leonards Rep. Case 469. M. 32 Eliz. B. R. Case 200. Mich. 1 Car. 1. Co. B. Sir John Isham a Iustice of Peace sued York Slander of a Justice of Peace for these words I have been oft with Sir John
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
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
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
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
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
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
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be not so much as probabilis causa for what is done and the party be acquited upon it he may have this Action or an Action in the nature of a Conspiracy for as a Thief may be spared by the favour of Iurors so Conspiracy an honest man may be much prejudiced in his reputation by such a malicious prosecution 41 42. Eliz. Co. B. Sherington versus ware Sée March of slanders 2 part 10. Stiles Rep. 335. For the thirtéenth thing That the words must be spoken in the hearing of some body that doth understand them for if words of slander be spoken in Latine Gréek Welch or any other Language in the hearing of such persons as whereof not one amongst them doth understand what they Words of another Language intend or signifie no Action will lye upon them Croo. 1. 65. 144. Hobb Rep. 63. 276. For the fourtéenth thing That where a man is charged with a Crime by any such words and it doth not appear that he had notice of the ground or occasion of the Crime in this case no Action will lye for the words As where one is charged to kéep Théeves about him and it is not said that he knew them to be such no Action will lye for this Mich 40. 41. Eliz. And thus much for the Rules of Limitation or Exception The Rules that follow are of another nature 1 That if a man be charged with a Felony by a common fame Arrested Imprisoned or Indicted upon it and yet be as he may be innocent he may not upon this ground be charged with this Felony and therefore if any man in this case shall charge him with it he way by this make himself liable to this Action for in this case common fame will not excuse him that shall so charge him for this slander Brownl Rep. 2. Hobb Rep. 105. 238. 381. 112. March 76. 26 H. 8 9. 2 That if the words spoken be true let them be what they will the Defendant may justifie them and excuse himself Broo. Action of the Case 104. 3 That in some cases the words that are in their first utterance imperfectly and incertainly spoken and perhaps not Actionable that these words may yet by the pleadings of the Parties and Verdict of a Iury for the Plaintiff be made certain and so become Actionable The Pleadings therefore of the parties in these Suits must be carefully héeded for they may be of great advantage or disadvantage to either party 4 That words relating to a Person ought to be understood according to the condition of the person to whom they are spoken so that the same words spoken to some meaner men that will not bear an Action yet spoken to a more eminent person may be Actionable Croo. 1. last publisht 192 193. As to say to a Bishop or a Iudge or Iustice of the Peace or the like man he is a Vermine in the Common-wealth or a corrupt man may be Actionable See Scandalum Magnatum For the better discovery and more clear understanding of general ambiguous and uncertain words and when they are or are not actionable these Sect. 9. things are to be known That the intent and meaning of the Speaker in them is as well to bée héeded as far as it can be known as the import of the words themselves And for this it is said It must bée héeded Quo Animo they are spoken sensus verborum est attendendus Et quae ad unum sensum or ad unum finem loquuta sunt non debent ad alium detor queri Nor are these Actions to be maintained upon mens words by a strained Construction but where the words in themselves do import a slander And for the better finding out of the sense of mens words and their intent in them this is to be known 1. That words are not to be taken and understood in a strict and Grammatical sense or ex ei termini per se in their natural and proper signification but in the vulgar and common sense that they are taken in the time when and the place where they are spoken For in this the Rule is Loquendum ut vulgus Intelligendum ut sapiens And hence it is that the same words that in one Country are actionable in another Country are not actionable Coo. 4. 14. 2. They are not to be carried by a forrein Construction besides their most natural likely and common sense and meaning into another sense and meaning Croo. 1. 352. 3. The cause or occasion of the speaking of them is to be considered according to the Rule Sensus verborum sumenâ—ius ex causa dicendi For upon this difference it is That the same words that will bear an Action in one case will not bear an Action in another case And words that in themselves will bear an Action yet considered ex causa dicendi will not bear an Action And therefore if one say of another That hee is a Bastard Bastardy when this is to defend his own title where he himself doth claim to be heir to the Land that is now in question or like to be in question Or say of another that hee hath forsworn himself where it is in a case wherein hée hath taken his Oath against him or where a Lawyer in the pleading of Perjury his Clients Cause shall utter words according to his Instructions pertinently to the Cause or a man shall in an orderly course of Iustice utter such words as otherwise would be scandalous In these and such like Cases as these no Action will lye for words so spoken albeit they be otherwise in themselves actionable Croo. 2. 90 91. Coo. 4. 13 14 16. March pl. 45. 4. The words must be considered by all the rest of the words spoken together with them at the same time And they are to be taken secundum subjectam materiam conjunctim uno halitu and not by a part of them rent asunder from the rest And therefore if one be talking about a Iudge Attorney or other such like Officer about his office and in this discourse say Hee is known to be a corrupt man and to deal corruptly this will Corruption in an office bear an Action But if the discourse be about his dealings as a Vsurer or as an Executor in the performance of a Trust committed to him by a Will there the words will not be actionable So if two be talking together of Hunting and one of them confesseth that hée doth kill Hares with Engines and thereupon the other doth say to him That hee is a Murtherer So if Murder one say of mée Hee is a Traitor for I trusted him to buy Land for mee and hee bought it for himself So if hée say I robbed him for I took away Treason his evidences and a subpena In these and such like cases no Action will lye for the words Coo. 4. 16. 19. Brownl 7. and 2. Godb. Rep. 89. Lievre de Entries 22.
man For and against whom and where this Action will lye or not for such a wrong these things are to bée known 1. That the King is within the Statute of Westm cap. 34. but not within the Statute of 2. R. 2. cap. 5. and 12. R. 2. cap. 12. Dyer 155. 2. That the persons that are to have this Writ are declared to be Prelates Dukes Earls Barons and other Nobles and Grandées of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Lord Guardian of the Cinque Ports and of the Kings Privy-Council Steward of the Kings Houshold Justice of the one and of the other Bench and other the great Officers of the Realm 2. R. 2. cap. 5. Westm 1. 34. Dyer 155. in Hetleys Rep. 55. 3. That for this it matters not for the manner of contrivance or publication How this slander may be contrived and published of it which way the words or reports be published either by spéech or writing either spoken or written from a mans own knowledge and from himself or by the report of another And by writing either delivered to the party himself or to another or hanged up in any open place or by Libels or by any other extrajudicial way whatsoever See in Hetley Rep. 55. But this lyeth not against any man for any thing done by him in a judicial way as for bringing a Writ or for having a Suit for forging of déeds or other Cause in a legal way or for preferring and prosecuting of a Legal Indictment or an Appeal of Murder Robbery or the like offence albeit the Charge be false And whiles the Starr-Chamber-Court was in being a Bill might have béen brought against any such great man for any thing whereof the Court had Conusance as against another but for preferring any Charge in that Court for any thing whereof the Court had not Conusance a man might have had this Action Or for a Conspiracy to indict such a man the Defendant or party indicted may have the same remedy against the Plaintiff and Conspirators as another man may have Crompt Jur. 13. Coo. 2. part Iust 228. Coo. 4. 14. Fitz. Disceit 35. Dyer 285. Kelw. 27. in Hetley Rep. 55. For what this Action may bee laid Or not Sect. 2. 4. For the Matter and Quality of this Slander take this That the words or rumours uttered against great men for which this Action is given 1. Must be false and horrible 2. Such as by which discord or slander may arise betwéen the King and his people or the Grandées of the Realm Westm 2. cap. 24. Or between the Lords and Commons 2. R. 3. cap. 53. by which great peril and mischief may come to all the Realm 3. Such as tend to the destruction of the Realm Coo. 12. 134. And if any do hear or shall hear any such words by the report of another it will not be safe for him to report them again Coo. 12. 136. It hath béen adjudged and resolved for the words uttered as in the Cases following viz. For saying Thy Lord is a Traitor and I will prove him a Traitor Vicount Sayes Case In Leyes Rep. 82. Croo. 1. 96. And for this My Lord of Winchester sent for mee and imprisoned mee till I entred into bond of twenty pound to the Kings use The Bishop of Twenty pound Winchesters Case Croo. 1. last publisht See it in Leonard Rep. 336. 2. H. 8. So for saying My Lord is a base Earl and a paultry Lord and keepeth none but Rogues and Rascals like himself Earl of Lincolns Case Trin. 5. Jac. B. R. Yet see Croo. Rep. 2. 196. So for saying You bring in Jesuits and Papists into the Realm c. Earl of Northamptons Case Coo. 12. 136. So for saying You maintain sedition against the Kings proceedings Or you uphold and countenance them that do so Coo. 4. 13. So for this You are a Traitor to your Prince or Rebel against him Lord Monteagles Case M. 9. Jac. B. R. So for this It is your grief that you are a subject County of Salops Case M. 40. 41. Eliz. B. R. So for this You charged them that transport or import Merchandizes to or from such a place that they should not pay custome for it nor suffer the customers to search them Old Book of Entries 593. So for this You have no more conscience than a Dog so you have goods you care not how you come by them Duke of Buckinghams Case M. 4. H. 8. Rot. 659. Or to a Chief Justice You are a Corrupt Judge Cromp. Jur. 35. So for this You said you would wind my guts about your neck Lord Abergavenie's Case Cromp. Jur. 13. So also it is thought of these words You are used to do things against Law to impound the Subjects beasts and keep them in a Castle that they cannot be replevied but to say that hée did so once will not bear an Action Duke of Buckinghams Case So for this You have sent Commissioners to spoil the Country where hée sent Commissioners to make Leases of his Land and improve his Rents Duke of Buckinghams Case So for this My Lord of Abergavenie sent for us and put some of us in the stocks sent some of us into the Gaol and put some of us into the house called Little Ease Hill 19. Eliz. the Lord Abergavenies Case See it in Croo. 1. last publisht 192. and Leonards Rep. 336. And so generally of any words of an ordinary mans spoken will give him an Action being spoken to such an eminent person will much more give him this Action Coo. 12. 132 134. Leys Rep. 32. But it is said It will not lye in these Cases and for these words following viz. The Earl of Lincolns men by his commandment did take the goods of one Hoskins by a forged warrant because it was not said hée knew the Warrant to be forged Goldsb 115. See more of this Subject Leys Rep. 82. In the Case of the Earl of Northampton Mich. 10. Jac. B. R. It was as it is said amongst other things resolved in the Starre-chamber 1. That the publishing of false Rumours either concerning the King or of the high Grandées of the Realm may in some Cases be punished by the Common Law So as 1. The words and rumours be false and horrible by which discord or slander may arise betwixt the King and his People or the Grandées of the Realm West 2. cap. 24. or betwéen the Lords and Commons 2 R. 2. cap. 53. by which great peril and mischief may come to all the Realm 2. The persons against whom the words be spoken must be Prelates Dukes Earls Barons and other Grandées and Nobles of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Steward of the Kings houshold Iustice of the one and of the other Bench. 2. R. 2. cap. 5. Westm 1. 34. Dyer 5. 2. It was resolved that if one hear such false and horrible rumours either of the
Yelvertons Rep. 114. So if one ask why Mary S. did not come to Church and another said It is thought I shall question him for a Murther shee is with childe and I fear it is too true Yelvertons Rep. 114. So This Action will lye for words uttered after this manner I shall call him in question for poysoning my Aunt c. Noys Rep. 63. Sidenhams Case 16 Jac. See Winches Rep. 124. Pophams Rep. 210. So for words thus spoken It will be proved by many vehement presumptions It will bee proved c. that A. did steal the Horse of B. Pasche 7. Jac. B. R. Welbyes Case Whitacres Case Pasche 5. Jac. So for this I can prove you are a Theef and ten men will justifie it Theft I doubt not to prove c. Murther Treason Pasche 15. Jac. B. R. So for this I make no question but to prove that hee hath poisoned my Aunt c. Noyes Rep. 63. So for words uttered thus I doubt not but to prove that hee hath spoken words of High Treason Serjeant Hitchams Case Huttons Rep. 75. Winches Rep. 124. Or thus I will prove Fermon to be a perjured Knave Croo. 1. last publisht 122. Or thus I will prove you are a Theef Yelverton 126. Or thus Perjury I did not know A. was your Brother I will prove him perjured or else I will bear his charges Popham 210. For this I doubt not to prove you are a Theef Croo. 1. last publisht 420. Or thus I will bring you before a Justice and prove that you have stoln c. And yet it is said that it will not lye for this I will prove that A. was perjured Winch. 124. And Perjury that it will lye for this I could prove him perjured if I would Yet see Hobb pl. 394. This Action will lye also for words uttered by way of Report from others By way of Report Theft thus viz. J. S. told mee that A. was a Theef And in truth J. S. did never tell him so But if in truth J. S. did tell him so then the words are not actionable Croo. 2. 407 427. 413. Bulstr 3. 225. Croo. 2. 103. The Lady Morrisons Case 5. Jac. B. R. Lord Norths Case 41. Eliz. B. R. But if in truth a slander be raised of a man and one that is his friend tell him of it and wish him to clear himself of it this is not actionable And yet if in this case a man shall report such a thing generally and not name the Author of the Report the words will be actionable and therefore it is said it iwll lye for words thus uttered I have heard A. B. is a Traitor if hée do not say by whom hée heard it So for words thus spoken Did you not Treason hear that A. B. was guilty of Treason Coo. 12. 134. Jenk Centurie 8. Case 7. Leonards Rep. 187. This Action will lye also for words uttered after this manner viz. I charge him with that Felony Pophams Rep. 110. 111. 150. Croo. 2. I arrest you for Felony c. I charge him with Felony Sect. 6. 312. Or thus Bear witness I arrest you for Felony 17. Jac. B. R. Serles Case Coo. 4. 15. yet see the contrary in Hobb Rep. pl. 396. Popham Rep. 110. 111. Hobb Rep. pl. 286. 381. Or thus I charge you with Felony and I charge the Constable to take you or I arrest thee for high Treason some say this is actionable Mich. 5. Jac. B. R. the contrary seems to be in Huttons Rep. 38. And there held to lye for this I accuse J. S. of High Treason Huttons Rep. 131. It is held to lye for this Bring Treason mee to the Constables house for I am robbed and I will bring him to the house of J. S. to arrest him for hee setteth them to rob mee from time to Theft time So to say to a Constable There hee is take him for I charge him with that Felony Styles 59 And yet for this it will not lye I charge you King with Felony and you Constable Innuendo A. c. to apprehend him Popham Rep. 210. Yet see Hobb pl. 286. 381. Or thus If I could finde J. S. I doubt not but within two daies to arrest him of suspition of Felony Coo. 4. 15. Albeit hée do not say Hee committed Felony Felony Popham 150. And yet some say that it will not lye for these words I charge him with Felony c. Nor for this I have arrested A. for Felony for stealing sheep of mine Pophams Rep. 210. Nor for these words I charge you with Felony for taking mony out of the pocket of J. S. Theft Huttons Rep. 38. Hobb Rep. pl. 381. 394. And yet if no Felony be done it séems reasonable the words should be actionable Brownl 1. part 18. Hobb Rep. 38. But in case where a Felony is done And a man in a course of Iustice shall speak words to this purpose I arrest thee for Felony or I will charge him with or arrest him for Felony there the words will not be actionable Popham Rep. 110. 111. The Action will lye for words uttered after this manner Thou hast Thou hast been in Gaol for c. Indicted c. Theft been in the Gaol for stealing a Pan. Croo. 2. 155. Bulstr 1. part 40. And yet it is said it will not lye for this Thou wast in Warwick Gaol for stealing of Horses Noys Rep. 24. Bulstr 1. part Hutton Rep. 2. Brownl and Goldsb 16. And yet it is held it will lye for this Thou wast in the Tower for High Treason M. 9. Jac. B. R. if it be false that is said Hobb Rep. pl. 96. So it is said it will lye for this Shee is a very Theef as any that robbeth by the High way side So for this Shee is a worse Theef than any that robbeth by the High way side Croo. 1. last publisht 224. But it is said it will not lye fot words thus spoken Thou wert arraigned Theft for Felony for stealing of a Horse Bulstr 1. part 40. Nor for this Hee is in Warwick Gaol for stealing of a Mare Hobb Rep. 196 But if Or hee is in Gaol for c. He is indicted arraigned c. Felony hée say Hee stole them and was in Gaol for it this may be actionable Nor will it lye for saying of a man Hee was indicted or arraigned or impeached for Felony if it be true but if false the words are actionable Hobb Rep. pl. 190. 196. 286. But it séems it will not lye for words thus spoken viz. What is J. S. in Gaol for for murder Huttons Rep. 2. Nor for this J. S. was in Theft Thou wast whipt c. Thou wast burnt in the hand c. Thou wast detected for c. Thou wast convicted for c. Hee held up his hand at the bar for c. Averment Newgate for forging of writs Huttons Rep. 2. Nor for
this Thou wast whipt about Taunton or burnt in the hand or shoulder for stealing Sheep Hills Case Mich. 8. Car. 1. B. R. Nor for this Hee was detected for Perjury Coo. 4. 16. Nor for this Thou art a false Knave thou wast arraigned for two Bullocks or for thou wast arraigned for stealing two Bullocks Croo. 1. part last publisht 279. Nor for this Hee held up his hand at the Bar for Felony See Brownl 2. part 272. And therefore where the Action is laid for such like words as these Hee was indicted for Felony at W. Sessions or Hee was impeached for Felony or Hee was accused for Felony the Plaintiff must avert that there was re vera no such thing done otherwise the Action will not lye Hobb Rep. pl. 196. 289. It is said it will lye for this I will indict him for stealing of my horse Huttons Rep. 58. It is said that this Action will lye for this I will pawn my shirt I I can hang thee c. will hang him for c Winches Rep. 124. And yet it is said not to lye for this It is in my power to hang thee Pasche 7. Jac. B. R. Brownl 2. part 280. So it is held to lye for these words As sure as you beleeve God Rules the world and the King rules the Kingdome so sure did Whorewood Sure it is that J. S. is a Theef steal my horse Winch. Rep. 124. Hughes Abridgement 37. So also for this I am sure J. S. is a Theef It is said it will not lye for this I have served thee with the Queens Letter for stealing of goods out of my Mothers house Croo. 1. part last publisht 234. So likewise for this Masters bear witness hee is a Theef Huttons Theft Rep. 39. But Quere of this It is generally held That the words that shall bear an Action must be Words spoken in an unknown language Sect. 7. Theef uttered in a language that one of them at the least that do hear them do understand And therefore that to call a man Theef in Welch or in Latine before such persons neither of which do understand the tongue that this will not bear an Action And yet some doubt much of this for they may remember the word and enquire and so come to know what it is Hobb Rep. pl. 63. 276. 126. Hughes Abridgement 37. Croo. Rep. 1. last By way of Caution Treason publisht 496. 497. 865. It is said that this Action will not lye for words thus spoken Take heed that you do not speak Treason Bulstr 1. 143. It is said it will lye for this Hee hath deserved to stand on the Pillory Hee hath deserved c. Bulstr 1. part 147. And yet it is said it will not lye for this Thou deservest to be hanged Mich. 4. Jac. B. R. Nor for this Thou hast deserved hanging Croo. 1. last publisht 470. Nor for this Hee will come home if hee escape the Gallows for hee hath deserved to be hanged Nor for this If thou hadst thy Right thou hadst been hanged Brownl 1. part 3. It is held that the Action will not lye for these words thus spoken I I fear you will be arrested c. Felony I doubt you will be found guilty c. Treason Treason fear you will be charged with or arrested for Felony Nor for words thus spoken Take heed you be not arrested for Felony Hobb Rep. pl. 381. 286. Nor for words thus spoken I doubt or I fear whether your words be not Treason and I shall advise upon them Bulstr 1. part 143. 148. It is held to lye for words thus spoken I did tell Mr. Carne that I am neither Traitor to my Prince nor Rebel to my Country as J. S. and the words are spoken to Mr. Coxell albeit they were never spoken to Mr. Carne nor to any but to Coxell himself And so for this If I say to A. Go tell B. hee is a Theef albeit A. do never tell B. of it Mich. 9. Jac. Foxes Cases B. R. It is held that this Action will lye for words thus uttered Thou art as Thou art as very a Theef as any in the Gaol Averment Theft very a Theef as any in Warwick Gaol or as any in England So as hée averr that there is a Theef in Warwick Gaol or in England and what Théef it is But not otherwise Nor will it lye for these words If ever man was perjured Williams was because it appeareth not that any Perjury man was perjured Bulstr 1. part 40. Noys Rep. 116. Sed Quere of this last Case Winches Rep. 70. 89. It is said this Action will not lye for words thus uttered I suspect you I suspect you c. Sect. 8. Theft for stealing of my horse Huttons Rep. 18. 19. Nor for this I doubt not to see J. S. indicted at the next Assizes for Barretry or Sheep-stealing as George Bland for hee was indicted at the last Assizes for stealing of Sheep Albeit it was not said by the Plaintiff that hée was not indicted Barretry Huttons Rep. 18. 19. But here wée must and to the Cases before put upon this head these following Cautions to be observed 1 That in many of the Cases before mentioned under this head the words there mentioned that are said not to be actionable in another Case yet if they be spoken to a Iustice of Peace or some such like Officer with reference to his Office they may be actionable Huttons Rep. 131. 2 That no Innuendo will alter the Case or make the words not actionable in themselves to be actionable by the Innuendo 3 That in some of the Cases before cited as to the frame of words not to be actionable that there perhaps by the help of a special Averment added by the Plaintiff in his Declaration the same words may bee made actionable and therein especially wherein the Plaintiff shall afterwards have a verdict given for him also in the Case 4 That in some of the Cases noted not to be actionable for the frame of the words the precedent or subsequent words spoken at the same time with them may make them actionable for as the precedent and subsequent words may make actionable words spoken at the same time not actionable so may they make words not actionable to be actionable 5 That in many Cases where the words originally spoken for their incertainty may not be Actionable yet after by the help of a Verdict for the Plaintiffe in the Case the Action may become maintainable 6 That the Plaintiff must be very careful how he Declare in his Action upon any such words spoken and the Defendant likewise how he pleads for either of them may much disadvantage themselves thereby 7 That many of these Cases séem very difficult and questionable and therefore it will be the wisdome of him that is to Sue in such a Case to be well advised by the Lawyers therein And now we shall come to
will not make them Theft Actionable Croo. Idem This Action will not lye for saying He hath cut my Wives Purse and his Father knew it and his Father knowing of it received it of him and the Mony and Rings therein But if he adde this further and therefore I Felony charge him with that Felony it may be Actionable And yet it is said it will not lye for this A. did see B. that had committed Felony and did suffer him to escape I charge him of Felony Popham Rep. 111. Nor will it lye for this Thou art a Thief and that will bee proved by Theft the Apples thou hadst off my trees Yelvertons Rep. 10. 34. It is doubted whether it will lye for this Thou art a Knave of Record Forgery and a forgering Knave For forgering is altogether incertain Hill 1. Car. B. R. This Action will lye for saying of a man Hee hath been a Theef So Words in the preterperfect tense Theft Sect. 10. Plague for saying Hee hath committed perjury But for saying J. S. was a Theef Or J. S. had been a Theef Or of a Iustice of Peace Hee had been a debauched man c. Or of any man Hee hath had the Pox or the Plague it séems none of these words are actionable for it may be otherwise with him now Noys Rep. 151. Stiles Rep. 22. 23. 210. 24. 25. Eliz. Co. B. It will lye against a woman Covert for saying Thou art a Theef for Theft stealing my Corn out of my Barn albeit it cannot properly be said to be her Corn. Stiles Rep. 135. This Action will not lye for saying Hee did break open the Trunk of Theft A. with the tools of J. S and took out twenty pound for this way be a taking as a Trespassor So it is said of these words Hee is an arrant Theef for hee did break open the Trunk of A. with the tools of J. S. and took out twenty pound and that these latter words do mittigate the former Winch. Rep. 70. This Action will not lye for such words as these Thou deservest to be Forgery hanged or thou wast cubbed up for forging of Writs Croo. 1. part last publisht Or it is in my power to hang thee Or thou seekest my life Theft Coo. 4. 15. Or thou didst bear away my goods Or thou didst carry away my goods Hobb Rep. 236. Or hee took my mony with a strong Forgery hand Mich. 15. Car. 1. B. R. Or hee forged a Writing or a Warrant Huttons Rep. 39. Hobb Rep. 4. 48. Or hee hath killed a man not naming Murder any man Popham Rep. 188. Or thou didst cut my purse Popham Rep. 110. Or thou art a Cut-purse For every Glover is so Godb. 181. Cutpurse Nor for this Thou wast the cause that J. S. did hang himself or did cut his own throat Hetlyes Rep. 70. For these words are all of them too general Murder and incertain Hobb Rep. pl. 236. So it is said for these words Thou Witchcraft hast bewitched a man Or thou hast bewitched my good man And yet it is said to lye for this Thou hast bewitched a man Or thou hast killed a man by witchcraft Stiles Rep. 106. It is said it will not lye for these Filching fellow words Hee is a filching fellow and did filch four pound from mee Hutton 34. Or thou art a filching fellow and didst filch from A. B. one hundred pound Hobb pl. 323. Nor for this Hee is a prigging pilfring Merchant and hath pilfred away Prigging fellow my Corn and my Goods from my Wife and my Servants and this I will stand to Owens Rep. 57. Nor for this Thou hast stoln a peece and I will charge thee with Felony for it may be a péece of any thing Popham 187. Theft Nor for this Thou didst carry away my Sheep on thy back Huttons Rep. 8. Some Iudges have held That for saying Thou hast killed J. S. no Action will lye for the words are too general and hée may come to his Murder death by execution Physick battel c. But the general opinion of the Iudges is that the words are actionable See Croo. 2. 306. Godb. Rep. pl. 257. Hetley Rep. 70. Coo. 4. 16. Snaggs Case Popham 187. Croo. 2. 438. Bulstr 1. 42. Croo. 1. 352. And yet to say to one Thou art a Healer of Felonies Mainsworne Out-putter Strange words Sheep-Theef or the like in the Country where the use and meaning of the words are known to be scandalous will bear Action And so for Another language Slanders in the Welch or in other languages the Action will lye for them and that without Averment of the sense of the words in the Country Averment Hobb Rep. pl. 155. 236. Goldsb and Brown 4. 6. Croo. 1. part last publisht 250. This Action will not lye for these words I have matter enough against Forgery thee for J. H. hath found Forgery against thee and can prove it Huttons Rep. 39. Nor for this Thou art a perjured Knave and that will bee Perjury proved by a stake that standeth between the ground of J. S. and J. D. Yelvertons Rep. 10. 34. Lewis Case Pasche 1. Jac. B. R. Nor for this said of a man sworn in a Cause before a Iudge Hee was disproved before the Justices of Assize at Darby before Kingsly Owens Rep. 58. For these words are some of them incertain and some of them insensible Nor for these words That Prichard which serveth Mris. Shelley did murder John Adams childe And in the Count it is thus Quandam Isabellam Murder Addams modo defunct filiam cujusdam Johannis Addams of W. in the County of G. Innuend for it should have béen true and not modo defunct Coo. 13. 71. The Plaintiff declares that the Defendant dixit de praefat The Plaintiff Thou Innuendo the Plaintiff hast stoln goods c. and this after not guilty and a virdict for the Plaintiff was held good enough Pasch 5. Jac. Theft Stones Case And so where two talk of one Tooses wife hée being lately dead and the one saith to the other Tooses wife Innuendo the Plaintiff killed thy Husband Innuendo one J. D. her Husband lately dead this is actionable Croo. 1. 352. Croo. 2. 366. Murder But here wée must also add to the Cases put upon this head the same Cautions wée gave upon the last head 1 That in many of these Cases where the words spoken to ordinary men are not actionable yet spoken to a Iustice of Peace or such like Officer they may be actionable 2 That an Innuendo will not make any unactionable words actionable 3 That an Averment and especially if there be a verdict found upon it for the Plaintiff may in some Cases make words otherwise unactionable to be actionable 4 That precedent or subsequent words may make words in themselves doubtful and incertain and unactionable
certain and clear and so actionable 5 That in all Cases of uncertain and doubtful words the Plaintiff must be very careful how he doth declare and the defendant must be careful how he doth plead 6 That there being same difficulty in many of these Cases it will be his wisdome that is to bring his Actions in the same Case for the same words that hée be well advised in it It is said in Croo. 1. 201. That this Action was brought against a man for that hée had maliciously and falsly imposed a Crime of Felony upon the Plaintiff and caused him to be arrested for it and that it was adjudged good Croo. 1. 201. Wée shall now descend to the particulars before named And 1 To slanderous words about matter of Treason CHAP. VI. Of words of Slander about matter of Treason FOr the opening of this particular about slanderous words that have an Treason what it is import in them of any matter of Treason or of any thing about it Wée are to know first of all That Treason in the eye of our Law is a great Crime and the punishment appointed by the Law to be inflicted on him that dath commit this offence is the loss of his life and all his estate whatsoever If any man therefore shall by slanderous words charge another man with this Crime or any thing like unto it the party slandered may have this Action to relieve himself by damages to be recovered therein for this wrong And therefore it is held that this Action will lye for calling of another Traitor Traitor or Traitor-Knave 30. Ass 19. 27. H. 8. 9. 14. 27. 26. H. 8. 9. Coo. 4. 17. Or for saying of another Hee hath committed Treason or the like So for saying There is no King in England Croo. 2. 407. Committed Treason So for this I doubt not out to prove that hee hath spoken Treason Serjean Hâ—tcham Case Huttons Rep. 75. So for this Thou hast spoken Treason and I shall bang thee for it 9. Jac. Beriffords Case B. R. Bulstr 1. part 148. So for this Thou hast spoken Treason and I will prove it Spoken Treason Croo. 2. 235. But it will not lye for this Take heed you do not speak Treason Nor for this I fear you have spoken Treason and shall advise upon it Nor for this I doubt you have spoken Treason and I shall advise upon it Buâ—str 1. part 148. Trin. 9. Jac. Benefords Case This Action will Killed the King lye for saying Thou hast killed the King Popham Rep. 187. So it will lye for saying Thou hast committed Treason beyond the Seas and didst run away from thy Captain Lewis Case Croo. 2. 424. So it will lye for this Go tell Mr. Carns that I am neither Traitor to Rebels my Prince nor Rebel to my Country as J. S. is it will lye for J. S. in this Case Mich. 9. Jac. So it is said it will lye for saying of a Iustice of Peace Deputy Lieutenant a Servant of the Kings Person or any such eminent person that No true Subject hee is no true Subject But otherwise it is if they be spoken of an ordinary person See for this Croo. 1. last publisht 621. Croo. 2. 202. Walgraves Case Bulstr 3. 221. Yelvertons Rep. 104. Mich. 32. 33. Eliz. Co. B. Smiths Case Goldsb Rep. 441. But this I am put out of the Parsonage house by Fowler the Patron who is neither the Queens friend nor a true Subject was held not actionable Croo. 1. last publisht 268. So it is said to lye for this Thou art an enemy to the State of this Rebel Realm Croo. 1. last publisht 602. Hill 40. Eliz. Co. B. Chambers Case 38. Eliz. B. R. So for this I was never a Traitor to the State as you have been Lamplews Case See Stiles Rep. 435. But it will not lye Rebel for saying of a man Hee is a Rebel 44. Eliz. Fountain and Grimes Case Croo. 1. last publisht 621. So it séems it will lye for saying to one Thou art a Rebel and all that keep thee company are Rebels and thou art not the Queens friend for all this together And yet it séems it will not lye for either part of these words alone Croo. 1. part last publisht 638. 876. So it is said to lye for this Thou dost harbour and maintain Rebels Maintain Rebels and Traitors And this albeit hée do not say Knowing them to be such Goldsb Rep. pl. 7. 48. See chap. 10. Sect. 10. So it is held it will lye for this Thou wast partaker with the Rebels Partake with Rebels in the North in their Rebellion But not for saying Thou wast partaker with the Rebels in the North without more words for this is altogether incertain Bulstrode 2. part 109. Incertainty So for this My Lord President in the North shewed Mr. Stapleton his hand set to a Book whereby hee had consented to the late Rebels in the North but by the means of Mr. Fairfax my Lord President was perswaded and the matter was suppressed But if the words had béen thus Hee consented to A. and B. who were Rebels and no more perhaps they might not be actionable As where it was said of one Hee was confederate with Campian the Jesuite these words it is said are not actionable for hée might not know him to be a Jesuite Croo. 1. last publisht 251. 26. Eliz. inter Brown Lisle So it will lye for this That John Peirse did say that John Lewis the Plaintiff did say that there is no Prince in England with this Averment By Report Sect. 2. that John Peirse never spake any such words Lewis Case Croo. 2. 407. 413. 427. Bulstr 3. 225. But to say I have heard that A. B. is a Traitor If he say by whom hée heard it and re vera hée did hear it it is not actionable Croo. 2. 407. So it will lye for a Master for these words spoken to his Servant Thou hast a Traitor to thy Master Innuendo the Plaintiff Croo. 1. part last publisht 906. So for this It is well known that I am a true Subject but thou servest no true Subject Innuendo W. W. Croo. 1. last publisht No true Subject 191. So it is held it will lye for this I am perswaded in my conscience Opinion only Kill the King Maintainest Rebels or I think in my conscience thou wouldest it thou couldest kill the King and all his Subjects and thou art a maintainer of Papists and Rebellious persons Croo. 2. 407. Sydnhams Case See Hobb Rep. pl. 152. 180. Bulstr 3. 260. It is said in Godb. Rep. 147. to be adjudged not to lye for these words Inclination Thou art an arrant Papist and it were no matter if such were hanged and thou and such as thou wouldest pull the King out of his seat But this Action will not lye for such words as these Hee is a seditious Adjective words Knave
Lord Lumley hath gone about to take away my life against all Christian dealing Coo. 4. 16. 15. Hext Case which seems in the case and reason of it to be against these cases So for this My Lady Cockin offered to give poison to one to kill the childe in her body 32. 33. Eliz. Coo. 4. 16. See in this Bulstr 2. part 206. So for this If I had consented to Mr. Cardinal T. H. had not been alive or had been dispatcht out of the way Cardinals Case Coo. 4. 16. So for this A. did prepare poison to kill mee Yelvertons Rep. 90. But it is said it will not lye for this Sir Francis Beamont did come to the house of Sir John Harper and that hee and his servants went about to kill Sir John Harper and that hee did maintain them and that Sir John Harper may not have this Action for this But if hée say hée did maintain them to that intent or that any thing were done that way it might happily be actionable Bulstr 3. part 167. And so generally in all cases where the words do import an intent joyned with any overt Act of Attempt or Endeavour there the words will bée actionable But a Charge of an Inclination or Purpose only to do a murder without any Act of endeavour or attempt is not actionable Coo. 4. Inclination or purpose only 18. And therefore it would not lye for this He gave his Champion counsel to make a Deed of Gift of his goods to kill mee and then to fly out of the Country but God preserved mee Coo. 4. 18. Bulstr 2. part 206. And it is said it hath béen held not to lye for this Thou wouldest have killed mee Trin. 4. Jac. B. R. for this is only punishable in case of Treason Croo. 2. 407. Hobb pl. 152. 180. Nor for this Shee would have cut her husbands throat Lanes Rep. 98. Bulstr 2. part 206. Nor for this Hee had a minde to have killed mee Bulstr 2. part 206. Incertainty in words General words Nor for this Hee hath killed a man For this hée may do as a Minister of Iustice or in the wars or se defendendo c. Trin. 17. Car. B. R. And yet see the contrary before Sect. 1. Croo. 2. 352. 438. Coo. 4. 16. Nor for this Thou hast procured a perjured Knave to seek my blood Words general and incertain 32. Eliz. B. R. Sir Edward Hastings Case In Hobb Rep. 196. 332. Nor for this Thou wert the death of J. S. or thou wast the cause of his death or thou wast the cause that hee hanged himself or cut his own throat Croo. 1. last publisht 239. See in Hetleys Rep. 70. Nor will this Action lye for such words as these Thou seekest my life Coo. 4. 15. Yet see before some Cases that séem to contradict this Nor for this Hee seeketh my blood Sir Edward Hurtburies Case See March of Slanders part 2. 6. Nor for this Thou wentest about to poison a childe Eatons Case Nor for this Hee smells of the Murther of J. S. Dyer 317. Nor for this To say of one that is dead J. S. was the cause of his death and I will swear it on a Book And yet if the discourse which occasioned the words were about the Murther of him that is dead the words are more dangerous Bulstr 2. part 10. 11. For in all these latter Cases the words are too general and incertain to maintain the Action It is said it will lye for these words Thou hast poisoned J. S. And Sect. 4. this albeit hée be alive or it appear hée is alive For poison may break out upon him and hée may escape In Bulstr 1. part 42. In Yelvertons Rep. 21. So for this Thou didst poison J. S. and it shall cost mee a hundred Poison pound or I will hang thee for it New Book of Entries 25. Yet see Hobb Rep. pl. 11. And there it is held that it must be said that hée did it willingly or it is not actionable It is said it will not lye for this A. B. gave C. D. mony to shift him away as soon as he had killed R. T. Parrants Case B. R. Quere of this But it is held that the Action will not lye for these words Thou hast Words of contradiction killed my Wife and art a Traitor for it Nor for saying thou hast killed thy Wife for the words import that shée is alive at the time of the words spoken But otherwise perhaps it may be if shée be re vera dead and the Plaintiff do set it forth to be so in his Declaration Coo. 4. 13. 16. Hill 39. Eliz. Co. B. Bulstr 3. part 167. Pasche 5. Jac. B. R. Holt and Taylors Case So it is in other Cases when it doth not appear in an Action brought for such words importing a Charge of killing another that the party it is said hée killed was dead at the time of the words spoken In Hobb Rep. 8. Trin. 17. Car. 1. Co. B. Nor for this Thou art a blood-sucker and seekest my blood Nor this Blood-sucker Hee is a blood-sucker not worthy to live in a Common-wealth and his childe not born is bound to curse him As it is reported by Noy 64. and in Popham 177. Nor for this Thou art a cut-throat In Bulstr 3. part 265. Cut-throat Nor for this Thou art a companion of cut-throats Croo. 1. last publisht 554. But upon this head this also is to be known 1 That in some of the Cases and for some of the words herein said not to be actionable if so it be that the party of whom they are spoken have any special damage by them hée may perhaps in such a case have an Action for the words 2 In all the Cases before named and in other Cases of like nature with the words before mentioned that are actionable words the Plaintiff is not bound to set forth in his Declaration any special losse hée hath sustained by the words for the Action is maintainable without it 3. That in all the Cases of actionable words they must be under the general Rules viz. the words they must be false malicious particular univocal positive and certain and such as import some Act done For if they do not appear to be so but they be true or spoken in a way of Iustice or the like that they appear not to be malicious or be altogether incertain either in the person or thing or be under a qualification by other words spoken at the same time or import only an intent to do something but nothing is done or the like no Action will lye upon them 4. That the Plaintiff in his Action brought for such words as these is Averment not bound to say or set forth that the Charge by the words did import a malicious voluntary or willing Murder or that the party said to be murthered is dead or died within the year But this is certain That where
if any special damage happen to the party of whom they are spoken by them they may by this become Actionable 2 That in Actions for such words as these there will not néed any Averment of special damage by them 3 That if the thing said bée true or not malitiously said or too general of a double intendment or of a doubtful meaning or not sufficiently positive or altogether incertain in themselves either as to the person slandered or the slander it self or under a qualification by the precedent or subsequent words spoken at the same time or import an intent only of doing an Act and no Act done they may not bee Actionable CHAP. X. Of words of Slander about matter of Theft AS to Slanderous words that have an Import in them of any matter of Theft we are to know that Theft is the unlawful taking away of another mans goods from him against his will and this is a great offence and Theft what it is very Penal For by the greater Felony which is the stealing of any thing Sect. 1. above Twelve Pence in value the offender doth in many cases loose his life and all his estate by it And by the lesser Felony which is the felonious Petit Larcenie taking of any thing under the value of twelve pence which is called Petit Larceny by this hée will forfeit all his goods and become liable to such corporal punishment of whipping and the like as the Iudges shall appoint If therefore any one shall charge another falsly with any crime of this nature hée may have his remedy by this Action It is therefore said to be agréed that this Action will lye for these words and as they are set forth in the Cases hereafter following viz. for calling of a man Sacriledger or Church-robbet or for saying Thou hast committed Sacriledge Sacriledge and Sacriledger Church-robber or thou hast robbed the Church of Dale Pasche 5. Jac. B. R. So it is said it hath béen held maintainable for these words A. is robbing the Church of S. Or Thou hast robbed the Church of S. Croo. 1. 301. Dr. Sibthorps Case But for saying Thou hast robbed the Church without more words it séems no Action will lye for the incertainty of the words what Church hée intended a Visible or Invisible Church And Incertainty yet to say of one That hee hath robbed a Church is conceived may bée actionable and that it shall be intended to be spoken of a material Church See in March. of Slanders 1. part 48. It is said to be adjudged to lye for this Thou hast robbed the Church of A. and thou hast stoln the Lead from off the Church Innuendo the Church of A. M. 4. Jac. Benson and Morlyes Case Croo. 2. 153. But that it will not lye for saying Thou hast robbed the Church of Dale for thou hast stoln away the Lead of it Coo. 10. 130. 4. 15. Croo. 2. 153. It is said that this Action will lye for this Hee hath robbed a Church not saying what Church as the Chuch of Dale c. and that an Innuendo Certainty may make it certain Croo. 1. 301. Croo. 2. 154. This Action it is said will lye for calling of one Pirate Or for saying of him Hee hath committed Piracy So for saying Thou maintainest Piracy Pirate Pirates who rob upon the Seas So for this Thou art a Maintainer of Pirates and a procurer of piracies Croo. 2. 629. Coo. 4. 14. It is held to be out of question That this Action will lye for calling of one Theef Robber or House-Robber So for saying of one Hee hath Other Theft Theef Robber House-robber committed a Robbery or hee hath committed a Burglary Coo. 10. 130. 27. H. 8. 11. 14. Dyer 112 236. Croo. 1. 329. In Owens Rep. 33. 47. In Noys Rep. 10. 20. So for this Thou art a Sheep-stealer So for this Thou art a Horse-stealer In Bulstr 3. part 303. 260. In Bendloes Sheep-stealer Rep. 154. So for saying Thou art a Welch-Theef Croo. 1. 329. So for this A. hath stoln my Sheep In Huttons Rep. 8. So for this A. Horse-stealer hath stoln Sheep So for this A. hath stoln Sheep from B. C. 27. H. 8. 22. N. 26. H. 8. 9. pl. 11. So for this Thou art a Roguish Knave and a Theef Bulstr 2. part 134. So for this Thou didst steal the Horse of J. S. In Hobb Rep. pl. 196. So for this Thou art a cunning Theef Bulstr 1. part 146. 210. So for this Hee is a Theef to you and to mee and hath stoln twenty pound from mee and forty pound from you Croo. 2. 676. So for this Thou didst meet mee on the way and askedst my purse and I gave thee five shillings for fear Bonds Case So for this A. did set on mee and took my purse from mee not saying in the high way So for this Thou didst set upon mee in the high way and didst take away from mee my purse and I will be sworn to it Stoners Case B. R. So for this Thou didst set upon mee and tookest away my purse with twenty marks in it go with mee before a Justice and I will charge thee with Felony Lewis Case in the Chequer Chamber So for this Thou didst violently upon the high way take away my purse from mee and four shiilings two pence in it and didst threaten mee to cut mee off in the midst but I was forced to run away to save my life Lawrence Case Croo. 1. 102. M. 8. Car. 1. B. R. It is said it will lye for this Hee hath robbed J. S. And this albeit J. S. were never robbed Mich. 9. Jac. B. R. So for this Hee is a Theef and hath stoln my gold Albeit hée do not say when hée did steal it Croo. 2. 622. So for this Thou didst steal my Horse and wast in Gaol for it Hobb Rep. 196. So for this Hee hath stoln a horse and it will be proved by twenty witnesses Hares Case And yet it is said it will not lye for this Thou didst take away my mony or the mony of J. S. Hobb Rep. pl. 11. 106. 332. 350. Croo. 2. 184. Brownl Rep. 1. 2. Coo. 4. 15. Nor for this Thou hast stoln by the high way side Davis Case Pasche 38. Eliz. Goldsb 143. Bulstr 1. part 112. Nor for this Thou didst beat mee and took away my purse from mee 37. Eliz. Co. B. March of Slanders 1. part 47. Nor for this Hee did assault mee and take away my money Bulstr 1. part 112. Nor for this Hee took away money from him with a strong hand Mich. 15. Car. B. R. Nor for this Thou didst take away my money with a strong hand Bulstr 1. part 112. March Rep. pl. 91. And Innuendo Felony in the declaration will not alter the Case Godb. Rep. 181. Nor for this Thou Innuendo didst take away my purse and twenty shillings in it Hobb Rep. pl. 268.
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.
deservest hanging Varlet Hypocrite Rep. 90. Goldsb and Brownl 11. Hee doth trade with Pirates Bulstr 1. 216. Hee is a very Varlet and seeketh to suppress his Brothers will Hee makes shew of Religion hee is a very Hypocrite Popham Rep. 148. That hee keeps such Dogs about him that mens Cattel about him cannot go in peace that his Cattel are in every mans ground and the like Bulstr 1. 40. Dyer 18. So neither will it lye for mée for this My Master hath put mee away because I would not be a Papist for hee will keep no servants but Papists Croo. 1. last publisht 308. for this is a trivial charge that hath no weight in it CHAP. XVII Of other words that have another import in them THere are yet other actionable words that do not bring a man into the Sect. 1. danger of the losse of his life liverty or member or other corporal punishment but they are such as may bring him in danger of suffering in his Name or Estate or both Some of these may be such as have relation to an infectious disease which hée is said to have Some of them are such as may hinder him in a present preferment that hée might otherwise have Some of them charge him with deceit and cheating Some of them may reflect upon him in relation to his office or profession And some of them in relation to his Trade and way of getting of his living For that which doth concern words relating to an infections disease take these Cases That if a man be charged or reported to have any such great infectious disease as for which hée ought to separate himself or to be separated by the Law from the society of men and this be not true that is reported of him Words about an infections disease hée may have his remedy for this wrong by this Action It is held therefore that this Action will lye for the words in the Cases hereafter fellowing that is to say It séems it lyeth for this Thou art a Bankrupt Knave and a Pocky Knave let them bear witness that stand by and I will prove it Croo. 1. Pocky Knave part last publisht 99. But it must bée for the first and not for the last words and that it will not lye for the words Pocky Knave This Action will lye for saying of another That hee hath the French Sect. 3. French-Pox Pox. But not for this Hee hath had the French Pox. Stiles Rep. 64. Noys Rep. 151. And yet it is adjudged to lye for this of an Inne-keeper A. had the Inne-keeper French-Pox and hath set it in the house Innuendo the Plaintiffs house and W. S. Innuendo the Plantiff and his wife have it and all you and that the husband alone may sue Stiles Rep. 112. Plague So it is said it will lye for this Thou wentst to the Wells to bee cured of the Pox. Stiles Rep. 219. So for this Thou art a Bastard getting Rogue and hast a Bastard at Oxford and art a Pocky Rogue and for ought I know thou hast fild my bed full of the French Pox and no such Pocky Rogue shall lye with mee Stiles Rep. 283. So for this Hee hath caught the French-Pox and carryed them home to his wife Hobb Rep. 219. 290. Brownl and Goldsb 11. So for this Thou art an arrant Whore and hadst the French-Pox Owens Rep. 34. So for this Mrs. Miller is a Whore and hath had the Pox and hath holes one may turn ones finger in them Mrs. King the Apothecary gave her a drink for it and therefore take heed how you drink with her Croo. 2. 430. 144. So for this A. B. is laid with the Pox or the Pox doth haunt him twice a year Croo. 2. 144. Coo. 4. 17. and Ludsains Case M. 2. Jac. Per Williams and Fenner Justices So for this Thou art a Pocky Whore and the Pox hath eat out the bottome of thy belly that thy guts are ready to fall out Mich. 7. Jac. Co. B. Miles Case Trin. 15. Jac. B. R. Millards Case So for this Thou art a Pocky Knave get thee home to thy Pocky Wife her nose is eaten with the Pox. Croo. 1. part last publisht 878. So for this Thou art burnt and hast the Pox. Croo. 1. last publisht 2. So for this Thou art rotted with the Pox. Croo. 1. part last publisht 648. And such kinde of words are then most dangerous and out of question Actionable when they are spoken of an Inne-kéeper Vintner Tabler Inne-keepers Victuallers Ale house-kéeper or the like persons whose life and livelyhood doth depend upon their society with men and therefore it is dangerous to say that the Pox or the Plague or any such great and infectious disease is in such a common house as Inne Alehouse or the like when it is not so for if thereby his Guests forbear to come to him or hée suffer any other damage hée may have this Action but otherwise not Coo. 4. 17. And therefore to say to a man going to such a house Go not thither for the Plague hath lately been there is Actionable Hetleys Rep. 70. So to say of a woman Inholder Shee is a Pocky unwholsome Woman doth wear a Skarfe about her neck to hide her Blanches there it is a Pocky houshold is thought to bée Actionable Mich. 9. Jac. Ludmans Case So it is held that this Action will lye for this Hee is infected with the French-Pox So for this Thou hast the Great Pox. 21 Jac. B. R. So it is said this Action will lye for this Thou art not worthy to come into any honest mans company thou art a Leaprous Knave and a Leaper Thou art a Leaper Coo. 4. 17. So for this Thou art a Leaper Trin. 4. Jac. B. R. Taylor and Perkins Case Croo. 2. 144. And for all these words in the precedent Cases it séems this Action will Averment Sect. 3. lye And that as some say without any Averment of special losse sustained by them Sed Quere of this But these kinde of slanderous words also are liable to all or some of the general Rules before named And therefore they may for the incertainty doubtfulnesse or other matter in the words be rendred unactionable It hath therefore béen adjudged or resolved not to lye for the words in the Cases hereafter following viz. for this Thou art a scurvy pockey Whore unlesse thereby shée have some special losse by way of Trade or by way of Marriage Croo. 2. 498. Nor for this Hang him hee is full of the Pox I marvel that you will eat or drink with him Coo. 4. 17. Nor for this J. S. hath the Pox. Coo. 4. 15. 17. Hobb Rep. 196. Nor for this Hee hath had the French-Pox or Plague for hée may be well again Noys Rep. 151. Nor for this Thou art a pocky Whore 44. and 45. Eliz. and M. 7. Jac. Co. B. Nor for this Thou hast lyen in Fullers Tubb 37. Eliz. Chappel and
the first words Croo. 1. part last publisht 601. 602. It will not lye for this spoken to one that is speaking of retaining him Go not to him for hee will couzen you Pasche 18. Jac. Ratcleifs Case Croo. 1. 29. Nor for this will it lye as it is said Thou art a false couzening Knave Words of qualification and hast couzened my two Kinsmen of their Land and deservest the Pillory 26. Eliz. B. R. Nor for this Hee couzened J. S. out of his Land Nor for this Thou hast couzened J. S. of his fee and I will sue thee for it in thee Starr-Chamber Brownl 1. part 3. 5. 6. 16. 2. part 253. And it is said it hath béen doubted whether it will lye for this Hee is a base cheating couzening Knave and hath cheated mee as never man was cheated Croo. 1. 112. 367. But these words séem to others clearly to be actionable So it will lye also for this Hee is a Champertor Hobb Rep. 117. Champertor Barretor Extortioner Maintainer of Suits 359. pl. 145. 351. Coo. 4. 16. Brownl Rep. 17. Winches Rep. 481. So for this Hee is a common Champertor and I will have him turned over the Barr. Hobb Rep. 183. So for this Hee is an Extortioner Hill 40. Eliz. B. R. So for this Hee is a common Barretor Brownl and Goldsb 11. Winchel Rep. 166. Huttons Rep. 104. Croo. 1. 139. 406. Hobb Rep. pl. 188. But it will not lye for saying of him He is a common Maintainer of Suits Hobb Rep. pl. 145. Winch. Rep. 40. Forgery So it will lye for saying of him Hee is a forging Knave Brownl 1. part 16. Hetleys Rep. 140. Soalso it will lye for this Hee is a suborning Knave or hee is a suborned Knave So for this Hee is a perjured Knave Stiles Rep. 17. Paines Case So for this Hee is an extorting Knave and did suborn one to be forsworn Subornation of Perjury before the Lord Chief Justice 20. Jac. So for this Take heed of him for hee is the falsest Knave in England and hee will cut your throat Hetleys Rep. 140. And so it will lye for calling of him Knave only as hath béen adjudged Knave after a Writ of Errour brought Nichols Case Stiles Regist 8. 17. Trin. 12. Car. 1. B. R. Yardlies Case 18. Eliz. 2. B. R. And therefore a fortiori it must lye for saying hee is a couzening or a forging Knave or the like Yet see the whole Court Co. B. against it Croo. 1. last publisht 601. So for this He is a common stirrer up of Suits and a disturber of the Peace and so a mover of unjust Actions Hetleys Rep. 140. So for this Thou art a Knave and stirrest up Suits between parties to their undoing and 't is pity such persons go unhanged Croo. 1. 166. So for this said to a Client of the Attorney I marvel you will imploy such a Knave as Nichols is you will have but disgrace and discredit by imployment of him for he is a proclaimed Knave in the Market Croo. 1. part 331. 333. So for this He is a base Rascal and I will make him to lose his ears Leys Rep. 70. Sect. 9. But it will not lye for saying this of an Attorney or such like Officer Cheater Vipet Villain Judas Brabler Swaggerer He is a Cheater a Judas a Destroyer a Viper a Villain a common Brabler a common Breaker of the Peace and a Swaggerer all together or asunder But if an actionable word be joyned with them these will aggravate the slander and so the damages Hetleys Rep. 140. 139. 143. Huttons Rep. 104. Winches Rep. 166. Nor for this I think thou art no Attorney but an Attorneys Clerk and if thou be I shall have thee pickt over the Bar the next Term and thy ears nailed to the Pillory Hobb Rep. pl. 159. Nor will it lye for this Thou art a Usurer Nor for this Thou hast Usurer plaved the Knave with mee about a Will Coo. 4. 16. Nor for this He is a Recusant Hetleys Rep. 140. 141. Recusant Nor for this Thou art a flagging Jack and a Couzener and wouldest have couzened mee Hetleys Rep. 140. Nor for this I have matter enough against him for M. H. hath found Forgery against him and I can prove it against him Hobb Rep. 189. 395. Forgery Incertainty Nor for this spoken to an Attorneys Son My Father was not cast over the Barre as thy father was Knightlies Case Trin. 41. Eliz. B. R. Hobb pl. 145. Nor for this Thou gettest thy living by extortion Nor for this Thou Extortion gettest thy living by swearing and forswearing Croo. 1. last publisht 603. Nor for this I will have him thrown over the Barre the next term Hobb Rep. 1. 59. Boxe and Barnabies Case Nor for this He was or will be picked over the Barre And yet it is said to lye for this He was picked over the Barre This Action will lye also for an Attorney or such like kind of Officer For lack of skill for these words viz. Thou art the simplest Attorney towards the Law Mich. 39. 40 Eliz. B. R. Martins Case So for this He is the foolishest Attorney towards the Law and if he doth not overthrow your Cause I will give you my ears he is a Fool and an Asse and so I will prove him Croo. 1. part last publisht 589. Goldsb Rep. 128. Hobb Rep. pl. 117. So for this Thou hast no skill in thy office But it will not lye for saying of him That he hath no skill in Husbandry or the like But it is said that it hath béen doubted whether an Action will lye for these words said of an Attorney He is a Knave and a couzening Knave and did take fees on both hands in a Suit between me and Greene and by knavery suffered me to be condemned at Ipswich at Greens Suit wilfully being Attorney for me See March of Slanders 1 part 78. But this Case séems to others to be out of doubt Actionable So it is said by some that it will not lye for these words Thou art the dishonestest Attorney in England and if any bee more dishonest than thou he deserves to be hanged unlesse the words be spoken with reference to his office or practise and unlesse there bee an Averment made that Averment there is a dishonest Attorney in England Croo. 1. 29. And this also is here to be added 1 That where the words in the Cases before named be Actionable there will be no need of any special averment of losse Averment 2 That where the words be not Actionable in themselves yet if the party of whom they are spoken have any special losse by them they may perhaps be Actionable 3 These kinds of slanderous words are to bee subject to the Rules laid down in other Cases for other Actionable words they must be certaine false malicious and not subject to qualification c. For if the words bee true
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
danger of this Action But if when hée shall so do hée knows there was no Robbery done it is dangerous Goldsb and Brownl 9. 11 The Iudictment must be preferred before the Iudge that hath power to take it or else no Action will lye for it Croo. 1. part last publisht 125. But upon all this there may séem to arise a Question If in any Case where the party prosecuted is guilty of the offence for which hée is prosecuted be there never so much of malice in it Whether for this this Action may lye or not against the Prosecutor If the offence about which the Prosecution is be Treason or Felony it should séem no malice shall be said to be in this to make the Prosecutor liable to Action if the party be guilty of the offence But if the offence be only Barretry or some small matter and the party be guilty there may haply be so much of malice in the Prosecution as to make him liable to this Action Yet see Bulstr 3. part 331. Just Crooks opinion otherwise in this Bulstr 1. 185. In all Cases where the practise or procurement being by two or more Where and in what case the general Action of the Case in the nature of a Writ of Conspiracy will lye against one man Or not And how Sect. 4. will give cause or ground for a Writ of Conspiracy there if the same thing be done by one alone a general Action of the Case in the nature of a Writ of Conspiracy will lye for it so that if one man only do falsly and maliciously cause another to be indicted for Felony Barretry or the like who is thereupon acquitted as Action of the Case in the nature of a Writ of Conspiracy lieth for it Hobb Rep. pl. 11. 350. March 130. Pasche 7. Jac. B. R. Marsham versus Pescod 41. 42. Eliz Co. B. Sheringtons Case Croo. 2. 193. 32. Bulstr 3. part 331. Croo. 1. part 123. Croo. 1. part last publisht 563. And for the opening hereof these things are to be known That in all Cases where this general Action of the Case against one man shall be maintainable there must be these things in the Case 1 There must be somewhat done and acted for the Action will not lye upon a plot or purpose only And yet it is not néedful in this Case that there be so much done as there must be in the Writ of Conspiracy For in this case if one do but procure another to be arrested brought before Iustices examined or imprisoned for a Felony and hée be never indicted for the Felony it séems that for this only without more this Action will lye in this Case Coo. 9. 56. 57. Coo. 4. 14. 15. F. N. B. 114. 116. 2 It must be false and malicious For if the thing be true for which the Prosecution is and there were probabilis causa for what was done no Action will lye for this And therefore it is held That no Action will lye for prosecuting another in a legal way and course of Iustice as for giving of evidence in any Court against an offender or for petitioning of a Iudge to have the Good Behaviour or the like Bulstr 2. part 269. Croo. 2. 193. And so as it is in the Cases before of a Conspiracy it is in most things in this Action also 3 In this Case the Plaintiff hath not néed to set forth in his Writ that hée was legittimo modo acquietatus as hée must in the Writ of Conspiracy Pasche 3. Jac. B. R. Marshams Case Nor is it necessary in this Case that the Prosecution be to an Acquital by verdict For if the party do only charge him with a crime and cause him to be arrested upon it and go no further hée may have this Action for the doing of so much and no more Coo. 9. 55. Croo. 1. 223. And yet see Godb. 76. Croo. 1. 173. Hughes page 52. Where it is said that this Action will not lye no more than the Writ of Conspiracy unlesse hée shew in his Declaration that hée was upon a Trial legittimo modo acquietatus But the contrary hereof séems to be the Law herein Croo. 1. 197. 201. Coo. 9. 55. And in 3. Jac. B. R. Markam and Pescods Case It is said to be agréed that a Writ of Conspiracy will not lye but where the Plaintiff is legittimo modo acquietatus And yet that if one prosecute another to Indictment and Imprisonment falso malitiose and go no further that for this the party prosecuted may have this Action both for the Slander and vexation both for hee is legittimo modo acquietatus by the not prosecution Goldsb 51. Hughes Rep. 54. Croo. 1. 223. 4 But in this Case there need not bee as there must bee in the Writ of Conspirary two or more in the Conspiracy for this general Action of the Case in the nature of a Conspiracy will lye against one only Godb. Rep. 76. Croo. 1. 173. 5 It may out of this appear to bee a safer way in these Cases for a man that hath suffered such an injury rather to bring the general Action of the Case than the Writ of Conspiracy for his releif herein It will be a good Plea in Barre of this Action to Plead an accord with Execution betwéen the parties 21. H. 6. 28. What shall bee said a good plea in Barr◠in this Action Sect. 5. So to shew that the Iudictment upon which the acquittal was was erronious notwithstanding that the party indicted did not take advantage of it Croo. 9. 26. 9. Ed. 4. 12. Bridgmans Rep. 132. Dyer 286. 34. H. 6. 9. So to say that there is no such Record as the Plaintiff doth set forth 9 H. 6 26. Croo. 2. 32. So to shew any of the things before set down that it was done by compulsion in pursuance of their oath as Iudges Iurors and the like 20. H. 6. 5. Croo. 1. part last publisht 724. 725. So that one hath had his goods stoln and found them in the Plaintiffs possession and that hee had other causes to suspect him complained to a Iustice who bound over the Plaintiff to appear and the Defendant to prosecute Bulstr 2. part 284. 285. Croo. 2. 193. And if the Defendant hath any of these or such like thing in his Case Caution to a Defendant it will bee his wisdome to plead it specially and not to plead not guilty Leonards Rep. 107. But it is no good plea to say that the Plaintiff was guilty of the Felony whereof hee was so acquitted or that one of the Defendants is dead since the Writ brought or that the Record on which the Action is grounded is that the Plaintiff and divers others besides him were indicted therein 18. Ed. 4. 1. 9. Ed. 4. 23. Case 1. 1 One brought an Action in the nature of a Conspiracy against another Some Cases for illustration and confirmation of the things before laid down about a Conspiracy
of Murder her by the hand and said thou and I will bee man and wife within a year and shortly after hee dispatcht his wife and rid her out of the way and in what case then stood I Case 26. It was the opinion of three Iudges that this Action will not lye for Charge of an infections disease saying Now that pocky drab doth wear a Scarf about her neck to hide her blanches they are a pocky and an unwholesome houshold and I would not eat a bâ—t on which shee breathed for twenty Nobles and women that talk with her put Aprons before their mouths But if their communication Pox. were about the French-Pox it were otherwise And yet if the Husband of this woman were an Iun-holder and lose his Guests by the Inne-holder words then the words were actionable And there it was said to be adjudged to lye for this Thou Whore thou pocky Whore Doctor Claytons Whore Mich. 44. 45. Eliz. Boddin and Jones But that it will not lye for saying Your Master hath lyen in Fullers Tub. Albeit hée averr Fullers Tub. that none lye there but such as have the French-Pox Case 27. It hath béen adjudged to lye for this I will justifie that Barnes is accessary Charge of Burglary Averment Indirect words of charge to the Burglary for which K. D. was hanged And that without any Averment that K. D. was hanged for such a Burglary Trin. 9. Jac. B. R. Barnes and Hunt Case 28. It was agréed by the Iudges that this Action would lye for this said of a Bankerupt Merchant Attorney slandered Merchant Hee is a Bankerupt and fled beyond Sea for mony And for this said of an Attorney He is an ignorant Attorney Trin. 9. Jac. B. R. Trulock and Morrison Case 29 It hath béen agréed that this Action will not lye for this Thou art a Hornsby Cuckoldly Knave Hornsby and a Cuckoldly Knave Trin. 9. Jac. Palmer and Palmer Case 30. Charge of Couzening It hath béen adjudged that this Action will not lye for this Thou hast couzened the Earl of Hartford as much as thou art worth Trin. 9. Jac. B. R. Tuck and Kirton Nor for this Thou art a couzening Knave and hast couzened all the Town of Coventry Case 31. It hath been adjudged to lye for this He is mean-sworn with an Averment Mean-sworn Averment Strained my Mare that it is taken in the place for perjury So for this Thou hast strained my Mare with an Averment of the acceptance of the word in the Country Case 32. It was held by two Iudges that this Action will not lye for this A. was Charge of Robbery robbed of twenty pound in Silver and one hundred Marks in Plate and Words incertaine Foord and Anne Long had it and by God will be hanged for it Pasche 9. Jac Foord and King Case 33. It hath béen adjudged that this Action will lye fo this Thou art a Knave Charge of Robbery and a Rascally Knave thou didst set on me in the High-way and didst take away my Purse from me Innuendo Felonice and I will be sworn to it Stoner and Holland B. R. Case 34. A. came to a Iustice of Peace and informed against B. for Misdemeanours Charge of Burglary and wrote these words A. doth charge B. that he did commit Burglary in breaking of my house And it was adjudged actionable p. 8. Jac. Pet and Finch Case 35. Coxe and Morton 44 45 Eliz. B. R. The Action was brought for these Charge of Perjury words Thou art a false forsworn Knave and that I will prove for thou hast forsworn thy self against Peter Rumbal in the Hundred Court and upon not guilty and Verdict for the Plaintiff it was adjudged against him that the words were not actionable for forsworn by it self doth not Forsworn import slander as perjured doth and because it was not shewed that there was any cause in the Hundred Court betwéen Rumbal and another Perjured wherein he was produced a Witnesse by which the word forsworn was induced and so it might have béen equivalent to perjured for it might bee in private betwéen them upon an oath out of Court that he might say hée was forsworn Yelvertons Rep. 27. Case 36. Shire and King 45 Eliz. B. R. The Action was brought by an Attorny Slander of an Attorney for these words Thou art a Paltry Fellow and thy credit is fallen for thou dealest on both sides and doest deceive many that trust thee And upon error brought it was affirmed that the words were actionable and shall be taken in Malam partem for they sound to no other purpose and yet he may be on both sides as an Arbytrator Yelvertons Rep. 32. Case 37. Sir John Harpur and Beamont Hill 2. Jac. B. R. The Action was Charge of an endeavour to Murder for these words I was at Sir John Harpurs house and John Harpur his Son drew me forth to see a Gelding and then Thomas Beamont did throw his Dagger at me twice and thrust me thorow the Britches twice with his Rapier to have killed me All this was done by the instigation of Sir John Hurpur and I can prove it And it was adjudged for the Plaintiff that the words were actionable Yelvertons Rep. 58. Case 38. Stile and Heape Mich. 3. Jac. B. R. The Action was brought for these Charge of Perjury against an Officer words Thou hast most perjuredly presented me at the Visitation against a Sides-man of a Parish one sworn to doe his office truly and to present the offences within the Parish And the Iudges opinion séemed to bée against the Action 1 Because he did not charge him precisely with perjury but by way of similitude perjuredly as if one say Thou hast taken my money thievishly Adjective words out of my purse or thou hast dealt treacherously with J. S. these words are not actionable But to say Thou hast dealt traiterously with the King perhaps may be actionable 2 Because the Plaintiff did not shew what presentment he made at the Visitation so that it might appear that what he did was within the compasse of his office for if he had presented any thing out of his office as that one was a thief or the like there is no perjury albeit it be false Yelvertons Rep. 72. Case 39. Harris and Dixon M. 3. Jac. B. R. The Action was brought for these words Francis Harris hath procured and suborned one Smith to come Subornation of Perjury thirty miles to commit perjury against his Father before my Lord of Winchester and gave Smith ten pound to that purpose upon not guilty and a verdict for the Plaintiff and it was moved and so agréed by the Court that the words were not actionable for it doth not appear that my Lord of Winchester had any Commission or authority to take an Oath and then it cannot be perjury for he is not a Iudge known
to be competent to give an Oath without a Commission Yelvertons Rep. 72. Case 40. Heak and Molton Trin. 4. Jac. B. R. An Action was brought for this Common Barreter Thou art a common Barreter and deservest to bee hanged and by the Court it was agréed that the words were not actionable for the offence is Breaker of the Peace and Forests Rogue Hunter of Deer only finable and to be bound to the good behaviour As to say that a man hath broken the Peace or is a common Rogue or a common hunter of Deer or a common breaker of Forests is not actionable So to say I. S. would have killed me But to say He did lye in wait to kill me is actionable So He prepared Poyson to kill I. S. but for this Intent of Murder Indeavour of Murder General and incertain word He deserveth to be hanged these are too general and incertaine to ground an Action upon and thereby Fenner Iustice it was said to be adjudged to lye for this Thou art as very a thief as any in Warwick Gaol with an averment that there is such a thief in particular Yelvertons Rep. 99. Case 41. Action for these words Master Toplife hath forged and counterfeited Charge of Forgery a Certificate to a Commission out of the Exchequer and hath forged and counterfeited Mr. Birckets and Mr. Savells hands the Commissioners and hath put their hands to it by reason whereof he got a Verdict in the Exchequer whereas otherwise he must needs have had the foyl Vpon not guilty it was found for the Plaintiff damages ten pounds And it was alledged in Arrest of Iudgement that the Action doth not lye because it was not shewn what Commission it was nor in what Suit so as the Defendant might give answer to it but Iudgement was given for the Plaintiff Croo. 1 part last publisht fol. 72. Case 42. Action for words that the Plaintiff being a Minister the Defendant Slander Spiritual of of a Minister said of him That he had two Wives to cause him to be deprived upon not guilty it was found for the Plaintiff Cook moved in an arrest of Iudgement that the words were not actionable Incontinency for it is a spiritual fault as to call one Heretick c. but it was answered that for as much as the Plaintiff was a Minister this is a defamation Heretick and cause of depravation if true yet Iudgement was given against the Plaintiff Croo. 1. part last publisht fol. 94. Case 43. Action for these words Thou art a Couzening Knave thou hast couzened Couzening Knave mee of twenty pound at such a place and such a man of twenty pound and there is never a George in England but hee is a couzening fellow upon not guilty it was found for the Plaintiff and it was ruled Words general and incertain that the Action lyeth not for Wray said they are too general to bear an Action and a man is to suffer no plague or losse for those words if they were true and one Egletons Case was cited to be adjudged Thou art a couzening Coroner for thou hast couzened J. S. of his Lands no Action lyeth and Wray said that in a Writ of Errour betwéen Warker and Middlemore which doth depend in the Exchequer-Chamber Action for these words Thou art a Couzener for thou hadst mee to Coventry and didst couzen mee of eighty pounds Iudgement was given for the Plaintiff in the Quéens Bench but it was never moved in that Court for if it had they would not have given Iudgement Nota. Trin. 30. That Iudgement was reversed in the Exchequer-Chamber Croo. 1. part last publisht fol. 95. Case 44. Action upon the Case And declares that the Defendant was a Iustice of Charge of stealing of a horse Peace in the County of N. and whereas the Plaintiff was a Loyal Subject c. the Defendant maliciously intending to deprive him of his good name and fame did direct his Warrant and shews it in certainty c. to divers Constables to attatch him alledging hee was accused of the stealing Slander by Deeds of the Horse of A. B. by reason whereof hée was arrested till hée put in bond to appear c. ubi re vera hée was never accused nor did steal the horse the Defendant did know him to be guiltlesse by reason whereof hée was greatly discredited upon non culp pleaded it was found for the Plaintiff and it was held by Clench and Gawdy the Action was maintainable if a man be accused to a Iustice of Peace for an offence for which he causeth him to be arrested by his Warrant although the accusation be false yet hee is accusable but if the party be never accused but the Iustice of his malice and own head cause him to be arrested it is otherwise and they commanded Iudgement to be given for the Plaintiff 14. H. 8. Croo. 1. part last publisht fol. 130. Case 45. Action for words for calling him a rebellious and traiterous Knave after verdict for the Plaintiff it was moved in arrest of Iudgement that the Charge of Treason Action did not lye for rebellious may be upon a Proclamation of Rebellion out of Chancery or other Courts and when traiterous and rebellious are coupled together they are of the same sense Curia for the words rebellious Knave Action lieth not but traiterous being joyned with it Action lieth and the Plaintiff had Iudgement Croo. 1. part last publisht 171. Case 46. Action for these words Tibbot and one Gough agreed to have hired a Charge of an agreement to kill a man man to kill mee and that Gough should shew mee to the hired man to kill mee and upon not guilty it was found for the Plaintiff it was moved in Arrest of Iudgement that an Action lieth for these words and so held Gawdy for it is not alledged that any Act was done by the Plaintiff nor any thing put in re by him but only a Communication betwéen him and G. but otherwise it is if the words had béen Hee hath hired a man to kill mee Fenner contra for it is an ill part for which hee might be bound to his good Behaviour Wray was absent but afterward Wray being present hée agréed with Fenner and Iudgement was given for the Plaintiff against the opinion of Gawdy Croo. 1. part last publisht fol. 191. Case 47. Action for these words Thou wert laid of the French-Pox adjudged Pox. actionable and Fenner said it was adjudged in this Court that for these words Thou wert laid of the Pox Action did lye for it cannot bee intended but of the French-Pox Croo. 1. part last publisht fol. 214. Case 48. Action for these words Thou art a mutinous and seditious man and didst Charge of Sedition Adjective words procure the Queens Subjects to sedition Gawdy the words are not actionable for it is not said hée moved them to sedition against the Quéen and to this
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
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
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
stoln is not Felony nor will it make one accessary unless it bee joyned with the receipt or abetment of the Felon himself For in some Cases it is lawful to receive stolen goods as if a Lord of a Mannor that hath bona waivata méet with the Theef and the goods about him and saith you have stolon these goods and hee confesseth it and flye Per Gawdie Fenner et Yelverton Popham absente Trin. 44. Eliz. B. R. Dawsons Case Yelvertons Rep. 5. Case 192. Brooke against Mountague Recorder of London And the Action was Charge of Felony in a course of Justice Slander of a Lawyer for these words spoken of the Plaintiff That hee had committed Felony and upon not guilty pleaded it was found that hee was of counsil with the Defendant in an Action and that hee in giving of evidence to the Iury spake the words and that they were pertinent to the matter in issue and it was ruled against the Plaintiff albeit the words were false Mich. 31. Jac. B. R. And agréed that so it will bee in an appeal of Murder if the Counnsel say the Plaintiff did commit the Murder But if it were in trespass for a Battery that such words were spoken they may bee actionable And so also if the words were never so much pertinent if the Council speak them at another time or in another place they may bee Actionable The Case of Parson Prit in Suffolk Croo. 2. 90. Case 193. Pasche 12. Jac. B. R. Hutton versus Beck for these words spoken to Constables a Constable and Church-warden of a Parish viz. Thou hast beguiled and deceived the Town Innuendo the Inhabitants of the Village of A. upon Church-Wardens thy accounts of four pound And it is no marvel thou growest rich when thou deceivest the Town And it was adjudged with the Defendant Charge of couzening a Town against the Plaintiff that the words were not actionable for they were too general Croo. 2. 339. Case 194. Taylor brought the Action against Taliv That whereas there was talk betwéen the Defendant and J. S. such a day in such a place concerning a Marriage to be had betwéen the Plaintiff and the Daughter of J. S. Super quod Colloquium The Defendant in present a diversarom personarum cum present haec Anglicana verba dixit to J. S. of the Plaintiff Will you cast away your Daughter upon Taylor to which J. S. said why to Charge of a Rape by which a match was lost whom the Defendant answered Taylor ravished the wife of J. D. upon which the Marriage did not take effect c. Vpon not guilty pleaded it was found for the Plaintiff and moved in arrest of Iudgement that the place where the words were spoken was uncertain for albeit it be said that the talk was at such a place yet it is not said where the scandalous words were spoken Richardson contra and that they were spoken at the same Place of speaking the words place where the talk was for the time and the place are conjoyned by the Adverb Tunc present and in a Court there néed not that certainty as in an Indictment Quod Car. Concessit and so here the Super Quod is the Commencement of a new sentence and for the words supposed to be spoken no place is mentioned Doderidge accord Ergo per Car. quer nil capiat per billam Taylor versus Tally 21. Jac. Benlowes Rep. 128. Case 195. Davis brought an Action upon the Case against Ockham for speaking these words of him The Knave the Apothecary that married my Sister Charge of Murder hath poisoned my Uncle and I will have him taken up again to hang him The Defendant pleaded an Accord betwirt him and the Plaintiff that whereas the Plaintiff had done a trespasse against him that one trespasse Acccord pleaded passe should be set against the other To this plea the Plaintiff demurred and Twisden said the Plea was not good and cited 16. Ed. 4. f. 89. and prayed Iudgement for the Plaintiff Latch of Counsel with the Defendant said that the Accord was executed on the Defendants part and therefore may be pleaded in Barr. To this Roll Chief Justice answered how have you discharged the Accord for you do not shew it Latch took exceptions Poyson to the Plaintiffs Declaration Pleading in this Action 1 That the words set forth are not actionable for it doth not expresse that the Plaintiff wittingly poisoned the Defendants Vncle or that hée did dye of the poison and cited Hobb Rep. 8. Miles and Jacobs Case and 275. Fleetwood and Caveleys Case 2 There is no Communication expressen in the Declaration to be of the Vncle and it may be spoken of another Vncle and the Innuendo will not help it because hée may have divers Vncles Twisden answered that it is implyed in the sense of the words that hée poisoned him feloniously and so consequently wittingly And 3. Hee saith that hée will have him digged up and so it must be intended that hée died of the poison Roll Chief Justice held that the words are actionable And 4. That the Defendants plea in Bar is not good Jerman Justice held the plea in bar not good but hée doubted whether the Declaration was good for it doth not appear thereby whether the party died of the poison and the latter words help it not Nicholas Justice and Aske Justice agréed with Rolls in all and thereupon the Rule was Judicium Nisi Lundi Suivant Styles Rep. 245. Case 196. Rosse brought an Action of the Case against Lawrence for speaking these Welsh words of him viz. Dediagues Will. Rosse in Mudon which are in English William Rosse hath forsworn himself upon issue joyned and Slander in another language a Verdict for the Plaintiff the Defendant moved in Arrest of Iudgement that the words are not actionable as they are rendred in English Welsh and so the Action lyes not Roll Chief Justice if the words found in Welsh that the Plaintiff was perjured yet if the Plaintiff do english them in English which doth not amount to Perjury it is ill and an Action will not lye for them Therefore let Iudgement be staid Styles Rep. 263. Case 197. After a Verdict in an Action upon the Case brought for these words viz. I was never a Traitor to the State as you have been It was moved in Arrest Treason Incertainty in the person slandered Falso malitiose of Iudgement by Turner for the incertainty of the Declaration for that it appears not thereby that the words were spoken of the Plaintiff or to the Plaintiff and because it is not said that the words were spoken falso malitiose Shafto of Council on the other side answered that it appears the words were spoken upon conference betwixt the parties and thereby doth appear a sufficient Averment that the words were spoken of Averment the Plaintiff Roll Chief Justice The Declaration implies that
is shewn that such Land was given to his Grandfather and that his Father had divers Sons Slander of a Title whereof the plaintiff is the youngest and his elder Brothers are living And that such a one was to buy the Land and offered him such a summe of money for his title and by reason of those words refused to give him any thing So it appears by his own shewing that he hath not any present title and therefore no cause of Action at all But the two chief Iustices conceived that although he hath not any present Title it appears hee is by a possibility inheritable to those Lands and being offered a summe of mony for that possibility to joyn in the assurance although he hath not any present title to the Land yet by reason of those words hee had a present damage and in future might receive prejudice thereby in case hee were to claime any Land by discent And for these causes they held that the words were actionable and the judgement was affirmed Croo. 2. 213. Case 229. 2 Car. B. R. Reynor vers Hallet The Action was brought for these words viz. Reynor is a base Gentleman and hath four Children by his servant Agnes and he hath killed them all or caused them to bee killed And after a verdict for the Plaintiff and amotion for to arrest the judgement judgement was given for the Plaintiff and there it was said to be adjudged not to lye for these words Agnes Knight is a Witch and Witch by Dodridge these words Hee hath four Children by his servant Agnes alone are not actionable but Whitlock contra And by Iustice Jones it Incontinency For saying one is a Bastard lyeth not for saying One is a Bastard and by him it lyeth not for saying Thou hast killed I. S. where in truth there never was any such man But to say Thou hast killed the King Contra. Case 230. Mich. 40 Eliz. In an Action of the Case for calling one Bastard Dyer and Walsh Iustices said an Action would lye but Brown on the contrary For calling one Bastard because it must be tried in the Spiritual Court And Dyer said that at Barwick Assizes a Formedon in Dicender was brought and one said That his Father by whom he claimed was a Bastard and thereupon he brought an Action against him for those words and recovered Case 231. The Clerk said That he had a Son in Nottinghamshire and that he Charge of Theft Incertainty Averment had his Chest picked and a hundred pound taken out of it in one Lock-smiths house and I thank God I have found the Chief who it is it is one that dwelleth in the next house called Robert Kingston whereupon Kingston brought this Action without averment that he did live in the next house and had a verdict for him and it was held not good for lack of this averment Pasche 7. Jac. B. R. Case 232. Action for these words There was never a Robbery committed within Charge of Robbery forty miles of Wellingborough but thou hadst thy part in it after verdict it was moved in arrest of judgement that the Action did not lye because it was not averred there was any Robbery committed within forty Averment miles c. for otherwise it is no slander sicopinio cur and judgement for the Defendant Mich. 36 37 Eliz. B. R. placito 12. Croo. 1. last published 308. 11. Case 233. Action for these words You have sought to murder me and I can Charge of an endeavour to Murder prove it adjudged that it lay Croo. 308. 1. last published 12. Case 234. Action for words That he being a Counsellor at Law and Steward to Slander of a Lawyer I. S. of his Mannours the Defendant said of him Hee is a paultry Lawyer and hath as much Law as a Jack-a-napes upon not guilty pleaded it was found against him and damages twenty pound And it was moved and the Action lyeth not for it is not said hee had no more Law than a Iack-a-napes but it was adjudged for the Plaintiff for the words are scandalous and touch him in his profession Croo. 1. last publisht 342. 9. Case 235. Action for these words Thou art a forsworn Jack in the Court-Baron Charge of Perjury of D. thou hast sworn me out of twenty shillings rent and hast me on thy side adjudged that the Action lay and the Plaintiff recovered Croo. 1. last publisht 342. 10. Case 236. Action for these words There was never a Purse cut within twenty Charge of Theft Cut purse miles of VVellingborough but thou hadst thy part in it and avers that such a Purse was cut c. and he had no part in it And it was moved that an Action lyeth not for it is not said he had a part of it as a partaker in the Felony for he may have a part in it in the losse and so it is no slander but it was adjudged for the Plaintiff for the words shall be taken to be spoken in the worst sense in disgrace and reproach of the Plaintiff Nota Serjeant Yelverton cited a Case Pasche 32 Eliz. Sir Edward Hastings Endeavour brought an Action for these words You have procured a perjured man to seek my bloud and ruled that an Action did not lye But Fenner said the Case was not adjudged but ended by his Arbitrement Vide Mich. 35. 36. Eliz. Antea B. R. placite 11. Croo. 1. last publisht 342. 11. Case 237. Action for words for that the Defendant said to I. B. Son of the Plaintiff in the presence of divers Thou praefat J. B. Innuendo and thy Charge of Perjury Father Innuendo the Plaintiff were both Perjured and I Innuendo the Defendant will prove you both perjured Vpon not guilty it was found for the Plaintiff damages twenty pound And it was moved in arrest of judgement that it was not averred that I. B. was the Son of the Plaintiff but it was held well enough for that it was alledged that the Averment words were spoken to I. B. his Son and it was adjudged for the Plaintiff Croo. 1. last publisht 143. 11. Case 238. Action for these words Many an honester man hath been hanged and Charge of Felony Indirectly a Robbery hath béen committed and I think he was at it and I think he is a Horse-stealer it was moved after verdict that an Action lyeth not without an expresse averment he was so Curia contra they are great Averment slander if the Defendant sheweth not a good cause of his thinking and it was adjudged for the Plaintiff Croo. 1. last publisht 148. 20. Case 239 Action upon the Case was brought for these words Thou art forsworn and I will make thee flowre the Pillory or else it shall cost me a hundred Charge of Perjury pound Et per totam curiam an Action lyes not for Anderson said There is a great difference betwirt the words
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.
for saying the Plaintiff had murthered three children whereunto the Defendant pleaded not guilty In a course of Justice and at the Trial the Defendant to extenuate damages of his Client did urge and presse the fact to make the matter more probable so far as might tend to the defamation of the Plaintiff and because it was in his profession and pertinent to the good and safety of his Client though it were not directly to the issue a prohibition was granted Hughes Case Hobb pl. 399. Case 304. Action for this Thou art a Theef and hast stoln a Tree upon not Charge of stealing a Tree And. For. guilty and verdict for the Plaintiff yet it was adjudged against him And yet a Iudgement was cited in the Kings Bench. 7. Jac. given for the Plaintiff for this Thou art a Theef and hast stoln Trees out of J. S. his Orchard c. Hobb Rep. pl. 98. Adrian Coote Co. B. See after Case 333. Case 305. Action for this Thou art a Theef and hast stoln twenty load of my Charge of stealing Furre Furrs Vpon not guilty pleaded and a verdict for the Plaintiff and motion to arrest it and divers Iudgements cited in the Kings Bench. And for this Thou art a Theef and hast stoln my Corn that Iudgement was given for the Plaintiff yet Iudgement was given against the Plaintiff in this Case Hobb Rep. pl. 406. Clerk and Gilbert Co. B. See after Cases 333. Case 306. Thornton a Carrier against Jobson for this Hee is a common Barretor Common Barretor The Court was of opinion the words were not actionable and yet for an Officer Iustice of Peace Attorney or the like that they were actionable Hobb pl. 188. Action for this said of an Attorney Thou art a common Maintainer of Suits and a Champertor and I will have thee thrown over the Bar the Common Champertor next Term it was adjudged for the Plaintiff Co. B. Box and Barnaby Hobb pl. 145. Case 307. In the Case of Cuddington and Wilkins Co. B. It was held by the Court that after a general or special pardon of Felonies a man cannot To call one Theef after a general or special pardon justifie the calling of another Theef that had committed a Felony before the pardon and therefore that an Action will lye for this especially in the Cases where the Slanderer doth or may know of the pardon But if a man commit a Felony and get a secret pardon that another man not knowing of it may justifie the apprehending of him for the Felony even as a common voice and fame is a sufficient warrant to arrest for Felony albeit Common fame a good warrant to arrest for Felony the same be not true for this is for the advancement of Iustice but so it is not to call him Theef for that is neither necessary nor tending to advance Iustice Hobb pl. 71. and 106. Case 308. Action for this that hee being Bailiff to A. for three years last past of Charge of couzening his Land in C. and had the selling of his Corn and Grain and that the Defendant said this unto him Thou art a couzening Knave and thou hast couzened mee in selling false measure in my Barley and the Country is bound to curse thee for selling with false measures and I will Selling by false measures prove it and thou hast changed my Barley Vpon not guilty and verdict for the Plaintiff it was notwithstanding adjudged against him but held that if hée had béen a common Ridder or Badger and charged to sell by false measures this had been actionable And so perhaps if I have a Bayliff to whom I commit the buying and selling of my Corn and I give him the greater wages in respect of the trust and imployment and one shall charge him to have deceived me in his office or trust by buying selling of false measure to my damage this may be actionable Hobb Rep. Bray and Haines pl. 93. And in Mich. 13 Car. 1. B. R. Seaman and Bigg Action for this whereas the Plaintiff was Servant in Husbandry to I. S. and his Bayliff in great trust with him and thereby got his maintenance that the Defendant to disgrace him said Thou art a couzening Knave and hast couzened thy Master of a Bushel of Barley and this was adjudged for the Plaintiff and that the words are actionable Croo. 1. 345. Case 309. Action for this Thy Father is a Thief Innuendo the Plaintiff After verdict Incertainty in the person Innuendo for the Plaintiff it was adjudged against him for that it was not alledged in the Declaration to be spoken to the Son c. and it was adjudged against the Plaintiff and the Innuendo will not help Croo. 1. 65. Co. B Phelps and Lane See before Case 275. Case 310. In the Case of Eaton and Ayloff Croo. 1. 78. Co. B. The Court declared Cuckold Wittall Quean Hedge-Priest Cuckoldly Knave Cheating Knave That this Action will not lye for calling of one Cuckold or Wittal or saying That he had laine with the wife of A. Quean or tainted Quean or for saying of a Parson He is a Hedge-Priest Sée Croo. 1. 247. Gobbets Case That it lyeth not for calling of one Cuckoldly-Knave or cheating Knave See before Case 29. Case 311. Action for this said of a Woman to a Woman that whereas there was talk betwéen the Defendant and I. S. of the said A. and B. the Plaintiff Charge of Theft the Defendant said these words of A. and B. A. hath stoln such goods and shee Innuendo the Plaintiff was privy and consenting thereunto after verdict for the Plaintiff it was moved in arrest of the Iudgement for that it is incertaine to which of them She shall refer but it was adjudged for the Plaintiff and held that the words shall be referred to A. and not to B. Singula Charge of consenting to theft singulis and that shée was privy and consenting to the stealing of goods is actionable Croo. 1 part 171. B. R. Mot and his Wife and Butler Case 312. Action for this by an Attorney Thou art a Knave and stirrest up Suits Slander of an Attorney between Parties and stirredst up a Suit betwixt such Parties to their undoing and it is a great pity such Persons should goe unhanged adjudged for the Plaintiff that the Action lyes Croo. 1. 166. Case 313. Action for this Hee was arraigned at Warwick for stealing of twelve He was arraigned for stealing c. Hoggs and if he had not made good friends it had gone hard with him Ubi re vera hée was never arraigned nor questioned for any Felony it was held by all the Iudges seriatim that the words are actionable and it was Averment after verdict and motion to stay the Iudgement adjudged for the plaintiff But that if the words were Thou wert arraigned for two Bullocks or perhaps if the averment had not béen added the
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
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
sect 1. ch 20. sect 5 6. ch 25. case 158. Dung charge for stealing of it where actionable or not ch 10. sect 14. E. ENdeavour purpose or intent to do a thing Words about this where actionable or not chap. 1. chap. 7. sect 2. chap. 10. sect 6. ch 25. cases 5 10 37 40 46 59 86 91 109 148 160 233 236 247 290. Entry forcible charge of making it chap. 15. sect 1. Evesdropper where actionable or not chap. 15. sect 2. Extortion and Extortioner where actionable or not ch 20. sect 1 5 7 8 9. ch 25. case 275. F FAtches where a charge of stealing of them is actionable or not ch 10. sect 8. See Theft Felony and felon words about this where actionable or not ch 2. sect 4 6 7. ch 5. sect 5 7 8 9. ch 10. sect 9 12. chap. 20. sect 1. ch 25. cases 108 116 236. Filcher and filching fellow where actionable or not ch 5. sect 10. ch 10. sect 3. ch 25. cases 93. 262. Forgery and forger words about this where actionable or not ch 2. sect 6 8. ch 5. sect 1 9 10. ch 13. throughout chap. 20. sect 5 6 7 8 9. ch 25. cases 49 95 121 174 186 187 246 253 254 258 315 342. Fornication and fornicator words about this where actionable or not ch 2. sect 4 5. ch 16. sect 1. See Incontinency Fore-staller Regrator and Ingrosser words about this where actionable or not ch 15. sect 1. Forsworn See Perjury Fullers tubb what ch 25. case 26. Furzes words about the stealing of them where actionable or not ch 10. sect 8. G GRass words about the stealing of it where actionable or not ch 10. sect 8. H HAgg where actionable or not ch 8. sect 1. Hay words about the stealing of it where actionable or not ch 10. sect 8. Healer of Felons what and where actionable or not ch 2. sect 4 5. chap. 10. sect 3. ch 25. case 189. Hedge-breaker where actionable or not ch 15. sect 2. Hedge-priest actionable or not ch 25. case 310. Heir hindred of preferment by words where actionable or not ch 18. sect 1 2. Heresie and Heretick words about this where actionable or not ch 2. sect 1. ch 16. sect 1. ch 25. case 42. Hornsby Knave where actionable or not ch 25. case 29. Hops words about the stealing of them actionable or not ch 6. sect 8. See Theft Horse-stealer where actionable or not ch 10. sect 1. House-robber where actionable or not ch 5. sect 8. ch 10. sect 1. Hypocrite where actionable or not ch 2. sect 7. ch 15. sect 2. ch 16. sect 1. ch 21. sect 4. I IAde Welsh Jade actionable or not ch 25. case 328. Incertainty in words see Certainty Inchantor see Witchcraft Inclination words importing an inclination in mind intent or purpose only to do a thing where actionable or not ch 1. sect 2. ch 6. sect 2. ch 7. sect 3. chap. 10. sect 6. ch 20. sect 2. ch 25. cases 40 51 171. Incontinency words about this where actionable or not ch 1. sect 2. ch 2. sect 1 6. ch 14. throughout ch 18. sect 1. ch 20. sect 5 6. ch 25. cases 11 13 20 42 96 132 212 229 277 288 293 314 324. Adulterer and Advowterer ch 16. sect 1. Fornicator ch 16. sect 1 Whore where actionable or not ch 2. sect 1. ch 25. cases 13 20 96 185 211. Ingrosser see fore-staller Indictment Slander by it where actionable or not ch 5. sect 2. Innuendo how to bee taken and used ch 2. sect 1 6 7. ch 4. sect 4. ch 5. sect 4. ch 7. sect 2. ch 9. ch 10. sect 1 2 5 6. ch 12. sect 5. ch 14. ch 23. sect 2. ch 25. cases 12 50 60 80 144 170 172 212 242 247 275 286 309. Inn-keeper Vintner Ale-house-keeper c. words of Slander about them for which Action will lye or not ch 17. sect 1 2. ch 21. sect 4 5. ch 25. cases 11 26 54. Intent See Inclination Judas where this word is actionable or not ch 20. sect 9. Judge words of Slander of him where actionable or not ch 13. sect 3. ch 20. sect 1. ch 25. cases 4 5 8 57 110 155 182 200 203 260. 263 278 292. 334. Justice of Peace words of Slander of him where actionable or not ch 20. sect 1. ch 25. cases 4 5 8 57 110 155 182 200 203 260 263 278 292 334. Jugling and Juglers where actionable or not ch 19. sect 1. ch 25. case 254. Justification See pleading K KNave where actionable or not ch 2. sect 4 5 7. ch 15. sect 2. ch 20. sect 1 2 3 4 5 8. ch 25. cases 29 45 173 251 252 295 310. L LAncery-petit words about this where actionable or not ch 2. sect 1. ch 10. sect 1. ch 11. Lawyer see Barrester Lead of a house words about the stealing of this actionable or not ch 10. sect 8. See Theft Leaper where actionable or not ch 17. sect 2. ch 25. case 251. Libel how punishable ch 5. sect 1. ch 24. throughout ch 25. cases 301 354. Libeller where actionable or not chap. 15. sect 2. Lyar where actionable or not ch 15. sect 2. ch 25. case 162. M MAinsworn or meansworn what and where actionable or not ch 2. sect 5. ch 12. sect 3. ch 25. cases 31 162. Maintenance and mantainer See Champerty Maintainors of Traitors and Felons ch 10. sect 9. ch 20. sect 1. ch 25 cases 159 164 171 201 289 345. Mayor of a Town Slander of him actionable or not ch 20. sect 10. Malefactor where actionable or not ch 15. sect 2. Malice in words where chap. 2. sect 5 6. ch 25. cases 177 197. Master and Servant words spoken about them actionable or not ch 18. sect 1 2. ch 19. ch 21. sect 4. Marriage hindred by such words chap. 18. throughout See Preferment Masse words about this actionable or not ch 15. sect 2. Merchant See Trade Measurer or Surveyer of Land Slander of him ch 20. sect 10. Midwife Slander of her where actionable or not ch 21. sect 5. ch 25. case 314. Minister words of him Slanderous and actionable or not ch 18. sect 1 2. ch 25. case 42. Miscreant ch 2. sect 7. chap. 15. sect 2. ch 16. sect 1. Misfeasor where actionable or not ch 15. sect 2. Murder and Murderer words about this where actionable or not ch 2. sect 7 8 9. chap. 5. sect 3 4 5 6 7 8 9. chap. 7. throughout ch 25. cases 10 15 24 37 40 46 49 59 64 68 80 104 109 115 140 144 146 148 151 195 213 214 219 233 283 321 331 340. Murdering Rogue actionable or not ch 25. case 321. Mutton-munger where actionable or not ch 10. sect 12. N NAme thou art of ill Name where actionable or not chap. 15. sect 2. Night-walker where actionable or not chap. 15. sect 2. O OFficers and office words about this where actionable or not ch 2. sect 1 7 9 ch 19. sect 1. ch 20.
word is actionable or not ch 25. Sorcerer and Sorcery words about this where actionable or not ch 8. See Witchcraft Sower of discord where actionable ch 15. sect 2. Steward of a Court Slandred actionable ch 20. sect 5. Strained a Mare what where actionable or not ch 2. sect 5. ch 10. sect 3. ch 25. cases 50 84 189. Swaggerer where actionable or not ch 20. sect 9. Swearer common-swearer where actionable or not ch 15. sect 1. ch 20. sect 5 6. T THeft and Theef words about this actionable or not ch 2. sect 2. ch 2. sect 1 2 3 4 6 7 8 ch 5. sect 2 3 4 5 6 7 8 9. ch 10. throughout ch 25. cases 16 17 21 23 26 32 33 34 44 51 53 61 66 67 72 73 82 91 92 104 106 107 117 120 121 124 137 149 152 153 154 157 160 168 171 173 180 182 204 207 209 231 232 236 241 247 250 255 257 311 315 317 320 339 347 349. About Grasse and Hay chap. 10. sect 8. About Corn upon the ground ch 10. sect 7 8. chap. 25. cases 262 333 341 346. About Fatches ch 10. sect 8. About Apples ch 2. sect 8. chap. 10 sect 7 8. ch 25. case 180. About Lead of a house or Church ch 10. sect 1 7 8. ch 25. case 333. About Barres of Iron out of the window of a house ch 10. sect 8. About Wood Trees and Timber chap. 10. sect 7 8. ch 25. cases 114 265 304 305 333 346. About the Title of a house ch 10. sect 8. About Furzes chap. 10. sect 8. chap. 25. case 305. About Hops and Hop-poles chap. 10. sect 8. chap. 25. case 268. About Turneps chap. 10. sect 8. See Words Title of Land Slander of this See Slander Buyer of Titles actionable or not See Maintenance Town-clarke slandered Action for this chap. 20. sect 5. Trade and Tradesman words about this where actionable or not chap. 2. sect 1 7. chap. 19. sect 1 2. chap. 21. throughout chap. 25. cases 63 150 181 184 190 199 207 248 261 326. See Bankerupt Inn-keeper Treason and Traytor words about this where actionable or not chap. 1. sect 2. ch 2. sect 4 5 6 7 9. chap. 5. sect 5 6 7 8. chap. 6. throughout chap. 10. sect 10. chap. 25. cases 22 45 52 70 75 101 112 119 161 165 183 188 197 199 218 269. Coyning of money chap. 2. sect 6. chap. 6. sect 3. chap. 25. cases 129 350. Turneps chap. 10. sect 8. V VAgabond where actionable or not chap. 15. sect 2. ch 25. case 295. Varlet where actionable or not chap. 2. sect 7. chap. 16. sect 1. chap. 21. sect 4 5. chap. 25. case 4. Verdict in this Action See pleadding Vermine where actionable or not chap. 15. sect 2. chap. 16. sect 1. Victualler see Inn-keeper Villain where actionable or not chap. 2. sect 7. chap. 15. sect 2. chap. 20. sect 9. chap. 25. case 4. Vintner see Inn-keeper Viper where actionable or not chap. 20. sect 9. Usurer where actionable or not ch 20. sect 2 9. W VVElsh whore Welsh theef Welsh Quean Welsh Rogue actionable or not ch 25. case 328. VVhore where Action will lye for this or not chap. 2. sect 1. ch 14. throughout ch 18. throughout chap. 25. cases 13 20. 96 185 211 328. see Incontinency VVhore-master where Action will lye for this chap. 14. sect 2. ch 17. sect 1. VVittall chap. 25. case 310. VVitchcraft and witch words about this where actionable or not chap. 5. sect 10. chap. 8. throughout chap. 25. cases 113 175 178 184 219 229 279 319 323 337 221 Conjurer chap. 8. sect 2. Sorcerer chap. 8. sect 2. chap. 25. case 145. Inchantor chap. 8. sect 2. chap. 25. cases 145 178 279. VVood and Trees words about the stealing of this where actionable or not chap. 10. sect 8. chap. 25. cases 114. 180. Words slanderous where actionable or not Strange words as Out-putter and the like chap. 2. sect 4 5 8. chap. 5. sect 10. chap. 10. sect 3. Spoken by one drunken or sober chap. 2. sect 3. In another Tongue or Language chap. 2. sect 2. 8. chap. 5. sect 10. chap. 25. cases 68 177 189 196 215. For the manner of publication of them chap. 2. sect 2. chap. 5. 1 2 3. chap. 25. cases 16 22 137. 275 284. By a Libel by a Letter c. For the manner of the words directly or indirectly uttered ch 2. sect 1. 3. chap. 5. throughout chap. 10. sect 10 11 12 13 14. chap. 25. cases 16. 21 22 26 34 72 73 93 98 109 115 117 120 121 123 137 149 153 256 283 299 302. In a course of Law or Justice chap. 1. sect 1. 2. chap. 2. sect 8. chap. 5. sect 1. chap. 25. cases 2 3 83 138 163 192 303 350. By way of Interrogation or Irony chap. 5. sect 5. chap. 10. sect 12. chap. 25. cases 270 301. By way of indirect or implicite charge chap. 2. sect 6 7. chap. 25. cases 161 168 174 180 182 183. 217 236 243 245 255 312 317 339. By the report of another chap. 2. sect 3. chap. 6. sect 1. chap. 7. sect 2. chap. 10. sect 12 13. ch 14. sect 2. chap. 25. sect 238. Taken at one or more times chap. 2 sect 4 5. Spoken in jest or earnest chap. 2. sect 4. Taken improperly chap. 2. sect 4. Spoken to or of a man chap. 2. sect 1. chap. 5. sect 3. Spoken in the second or third person chap. 2. sect 1. For part of the words only chap. 2. sect 4 5. Words general ambiguous repugnant insensible and incertain chap. 2. sect 6 7 8. chap. 7. sect 3. chap. 25. cases 4. 14 43 64 92 109 146 256 258 259 295. Words spiritual chap. 1. sect 2. ch 16. sect 1. and throughout chap. 25. cases 14 20 42 76 277 288 293. Words vain chap. 16. sect 1. ch 25. case 260. Words passionate chap. 15. sect 2. chap. 16. sect 1. and throughout chap. 25. case 4. What things are requisite to be in all actionable words chap. 2. sect 5 6 7 8 9. How such words shall be expounded and taken chap. 2. sect 9. ch 25. cases 1 6. A CATALOGUE OF LAW BOOKS And such as appertaine to the LAW ARguments at Law at the Trial of Col. Eusebius Andrews Ashes Tables two Volumes Folio Ashes Tables to Cooks Reports Epcicea or Table of Equity Fasciculus Florum Arguments on the Writ of Habeas Corpus Assize of Bread Attorneys Guide Attorney of the Common Pleas Acts of Parliaments 12 and 13 Caroli secundi Abridgement of Acts BRooks Abridgement Readings on Magna Charta Cases Reading on the Statute of Limitations Boultons Justice Bulstrodes Reports first second and third Volumes Bracton Brownlows Reports two Parts Pleadings in two Parts Judicial Writs Lord Bacons Elements of the Law Cases of Treason Ordinances Reading of the Statute of Uses Britton Book of Oathes Bellewes Reports of Rich. the second Bridgemans Reports Bendloes Reports Bagshaws Reading Rights of
69. But say of him He hath killed A. now dead with Physick a Pill Of a Midwife and the Vomit was found in his mouth and Doctor A. and Doctor B. found it so and it is true is not Actionable albeit it bee averred the Doctors never found it so Croo. 1. part last publisht 620. This Action will lye for saying of a Midwife Many have perished for her want of skill Croo. 1. part 153. So for this Thou art a Witch and wert the death of the child of I. S. at whose birth thou wert Midwife Trin. 21. Jac. B. R. And to all this wee have said of these last kinde of Slanders wée must Sect. 7. add these things 1 That hée that brings an Action for this Slander he must in his Action brought set forth himselfe to bée a Merchant Mercer Baker or of some one Trade or other in certain and it will not bée sufficient for him to say hée was a Tradesman in general for no other man can have this Action Stiles Rep. 420. 426. 2 That hée must set forth that hée is a common Tradesman as a common Baker or the like and not a Baker for a time only Huttons Rep. 49. 3 That hée must set forth hee was such a Tradesman at the time of the speaking of the words and yet a Declaration saying that the Plaintiff fuit Mercator per magnum tempus not saying hee was so at the time was held good Croo. 1. part last publisht 273. Bulstr 1. part 36. 4 That a man may not justifie the calling of another Bankrupt because hée was once a Bankrupt unless hee bee a Bankrupt at the time hee calls him so Croo. 2. 578. Coo. 4. 17. 18. 5 That the words bée spoken with reference to the Trade or that bee general and relative words to the Trade that must bée so understood as Bankrupt or the like for being spoken of another thing they will not bée Actionable That in many of the Cases before for words that are not Actionable yet if the party of whom they are spoken have any special losse by them the words may happily bear an Action 6 That in Cases of words Actionable there must bée as some say in the Declaration an Averment of some special losse that the party of Averment whom the words are spoken hath sustained by them But it séems the Law and the Common practise at least in some of the Cases is otherwise howsoever if the Case will bear it it is best so to do March Rep. 96. Brownl 1. part 10. 13. 2. part 100. 129. Croo. 1. 100. 7 That this Action for such kinde of words as these is to bee subjected to the general Rules of other Actions for Slanderous words viz. they must bee false malitious certain c. For if they bee true or not malicious or subject to such a Qualification by other words as they may possibly bee they will not bee Actionable at all CHAP. XXII Of an Action of the Case for a Conspiracy A Conspiracy strictly taken is where two or more persons do purposly and maliciously conspire and labour together falsly and unjustly What it is Sect. 1. without any ground at all to indict another for some Treason Felony or other offence and after hée which is so Indicted is upon that Indictment after a lawful tryal purged and acquitted in this Case and for this wrong as hee may have other remedy so hee may have remedy by an Action of the Case wherein the Plaintiff shall recover damages according to his harm Coo. 9. 56. F. N. B. 114 115 116. The word Conspiracy and the writ of Conspiracy is sometimes taken more largely to wit for any agréement or combination betwéen others to vex and molest mée in any vexations Suit whatsoever in which Case the Law gives mée a remedy by this Action to which wee may happily say more hereafter It two or more do falsly and maliciously Conspire to indict or appeal Where and in what Case this Action will lye for a Conspiracy or not And how another of any offence against any Law as Treason Felony Barretry or the like and after hée that is so indicted is acquitted this writ lyes for him Coo 5. 56. F. N. B. 114. Bendloes Rep. 152. Yelvertons Rep. 161. Bulstr 3. part 271. Bendloes Rep. 138. And this Action is given to the party indicted as well for the scandal that both grow to him thereby as for the trouble which may befal him by reason of the preferring of the Bill of Indictment against him Stiles Rep. 10. 11. Croo. 1. part last publisht 564. 724. 725. But for the opening of this point these things are to bee known that in all Cases where this Writ of Conspiracy shall bée maintainable there must bee these things in the Case 1 This lyeth as well upon an Indictment for Treason as upon an Indictment for Felony and other matters Bulstr 2. part 271. 272. But it will not lye for an Indictment of Trespas Stiles Rep. 157. 424. 2 There must bee two or more in the Plot for the Writ of Conspiracy will not lye against one man alone nor against a man and his wife who are but one person in Law unless the Writ say that they Simulcum It must bee by two or more persons others did the thing And hence it is that if the Suit be begun against divers and all but one of them are discharged of it to all intents as being acquit by verdict hereby hee is discharged also F. N. B. 114. 116. 18. Ed. 1. Broo. Consp 21 Bendloes 138. But if the Writ bee brought against two and one of them doth barr the Plaintiff by a Demurre in Law or one doth appear and plead and his plea is found against him in these Cases the other is not discharged but the Plaintiff shall recover though the other be not attainted And yet in this Case hee may perhaps refuse to answer without the other Or if all the Conspirators but one bee dead there the Writ may bee had against him alone F. N. B. 116. 114. 40. Ed. 3. 19. 38. Ed. 3. 3. 35. H. 6. 14. 24. H. 6. 25. But an Action of the Case in the nature of the writ of Conspiracy will lye against one Croo. 1. part 173. Bulstr 3. part 271. and 1. part 185. Godb. 76. Croo. 1. part 173. 3 The party that brings this Writ of Conspiracy must be indicted arraigned and acquitted for a purpose or intent without the Act however in some cases it was punishable in the Starre-Chamber yet it is not punishable by our Law And therefore this Action will not lye for a Plot or Preparation without an execution of it Non officit conatus nisi sequatur effectus Coo. 9. 56. F. N. B. 114. 4 The proceeding and prosecution in question must be voluntary and not compulsory And therefore neither this Action nor an Action of the Case Sect. 2. in general will lye against a man that