Action upon the Case FOR SLANDER OR A Methodical Collection under certain Heads of Thousands of CASES Dispersed in the many Great Volumns of the LAW of what words are Actionable and what not And of a Conspiracy and a Libel BEING A Treatise of very great use and consequence to all men especially in these times wherein Actions for Slander are more common then in times past With an exact Table annexed for the ready finding out any thing therein By W. Sheppard Esq. LONDON Printed for Ch. Adams J. Starkey T. Basset and are to be sold at their Shops at the Talbot in Fleetstreet the Mitre neer Temple-Bar and in St. Dunstans Church-yard in Fleetstreet 1662. TO THE Right Honourable the Lord Chief Justice of the Court of the Kings Bench The Lord Chief Justice of the Court of the COMMON PLEAS The Lord Chief Baron of the Court of the EXCHEQVER And the rest of the Reverend Judges of the same COVRTS Honourable Lords and Reverend Sages of the LAW TO whom should I present this Peece but to Your Selves And of whom should I begge the Patronage thereof but of Your Selves The Work being about the LAW and nothing else but the Grave and Learned Judgements Resolutions and Opinions of Your Eminent and learned Predecessors By which they being dead yet speak And though it must bee confessed that neither the Authour nor the Work have any thing in them to merit Your Approbation yet Your Goodness and condiscention will be the more eminent and singular in affording both him and it Your Countenance and Protection and lay greater Obligations upon Your Lordships most humble Servant W. SHEPPARD To the READER Judicious Reader IT is not improbable but we are faln into the last age of the World foretold by our blessed Saviour Wherein the love of many shal wax cold and Iniquity shall abound And among the abounding Iniquity of this Age the iniquity of the Tongue that little Member set on fire by Hell is not the least And among the evils of the Tongue is there any more pernicious and deadly and yet more common and epidemical then Backbiting and Slander May wee not now say with the Prophet Jer. 6. That men walk with Slanders And with the Royal Psalmist Psal 50. Thou sittest and speakest against thy Brother and Slanderest thine own Mothers Son It is true that in former times wee finde Actions of the Case for Slanderous words very rarely brought which speaks thus much that such words were then very rarely spoken But in these daies they are become almost as natural to men as their language and discourse and therefore the disease so deeply rooted and over-spreading calls for the application of the Remedy which our Law doth abundantly furnish us withall And hence it is I have been encouraged to ingage in this work which is nothing else but a naked and Methodical Collection of the remedies prescribed by the Law against this Malady And herein for brevity sake you may finde in some Rules in the first and in some especially in some of the last Examples answering to those Rules in the last Chapter of the Book an Epitome of the whole work Wherein we have thought it best to name amongst others of more Authority some of the Cases in the Books of uncertain Authors lately published and leave the same to the Judgement of the Reader You may perhaps finde herein some seeming Impertinencies Superfluities Contradictions and vain Repetitions the which upon mature Deliberation will bee found otherwise And there will bee doubtless by reason of the shortness of time and haste of the Press many Erratas of mine and the Printers escaped But this notwithstanding I doubt not but it may bee found very usefull to the ends I have proposed to my self therein viz. For Lawyers to lead them to the Cases that they shall have occasion to look after therein For others to teach them to set a watch before the door of their Lips And if now you will but cover the Defects of the work and accept of the pains of the Author this is all that is desired by your Friend a lover of his Country and well wisher to the Laws thereof W. SHEPPARD THE CONTENTS OF THE Chapters contained in this BOOK Chapters Pages 1 OF an Action of the Case in general 1 2 Some general things of Actions of the Case for Words 3 3 Of the Slander of a Title to Land 14 4 Of the Scandalum Magnatum 16 5 Of Actions for Slanders of all kinds 19 6 Of words of Slander about matter of Treason 32 7 Of words of Slander about matter of Murder 35 8 Of words of Slander about matter of Witchcraft 40 9 Of words of Slander about Rape Sodomy Buggery and house-burning 42 10 Of words of Slander about matter of Theft 43 11 Of words of Slander that may bring a man in danger of other corporal punishment besides death Of Petit Larceny 60 12 Of Perjury 61 13 Of Forgery 66 14 Of words of Slander about matter of Incontinency 68 15 Of other words importing some charge of transgression of a Penal Law 71 16 Of words Spiritual Passionate and Vain for which no Action is given 74 17 Of other words that have another import in them 75 18 Of words that hinder ones Preferment 77 19 Of words importing a charge of Deceit and Couzening 79 20 Of scandalous words that relate to men in their Offices Professions and places of Trust 82 21 Of scandalous words that relate to men in their Trade and VVay of Living 94 22 Of an Action of the Case for a Conspiracy 100 23 Of Pleadings in Actions of the Case for VVords 106 24 Of a Libel 115 25 Some Cases for the illustration and confirmation of all that is before laid down in the whole work 117 Advertisement THere is in the Press an Exact Collection of Approved Forms of Judicial Writs fitted for the use of all Practicers in the Court of Common-Pleas Collected by a very able hand And to be sold by C. Adams I. Starkey and T. Bassett at their Shops in Fleetstreet ACTION OF THE CASE CHAP. I. Of an Action of the Case in general Action of the Case AN Action of the Case is a Writ brought against one What it is Sect. 1. for an offence done without force as for not kéeping promise for breaking Trust for slanderous words or the like Misdemeanour And is called an Action of the Case because the whole Cause or Case so much as is in the Declaration save only the time and place is set down in the Writ And there is no other Action given in the Case save only in some few Cases where the Plaintiff hath his choice to bring this or some other Action This Action is sometimes about Defamations or Slanders and this may How many kinds of it there be be by words spoken Or it may be by a déed done By words spoken it is either for words spoken against the Title of a mans
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
her husbands adjudged 9. Jac. Croo. Rep. 2. 60. 14. That the slander that doth concern a mans Life Liberty Member or any corporal punishment his Office Trust Calling or the Charging with a foul disease to cause a separation these Actions are maintainable without any Averment in the Action of any particular damage that came Averment to the Plaintiff by it but it is otherwise in the rest of the Slanders For if a man speak against another words that are not in themselves Actionable Rogue Knave Couzener Fornicator as that he is a Rogue Knave Couzener Fornicator or the like for these words hée can bring no Action without Averment of some special loss hée hath sustained by them 15. That the Quality of the person of whom the words are spoken doth The quality of the person of whom they are spoken considerable Papistry much tend to the maintainance of the Action And therefore some words that in themselves are no Actionable relating to some persons may bée Actionable So that albeit it will not kear an Action to call an ordinary man Papist yet it will bear an Action to call the Archbishop of Canterbury Papist So albeit it will not bear an Action to say of an ordinary man Hee is no true Subject yet to say so of a Privy Counsellor Iustice of Peace Sheriff of a County Captain of a Troop of Horse about the King may be Actionable As it is reported in Leonards Rep. 335. So to say to one of the Privy Counsel Hee is an untrue man to the King Trin. 32. Eliz. B. R. Walgroves Case And yet it hath béen adjudged not to lye for this said of a Knight and one of the Gentlemen of the Kings Privy Chamber That he was a couzening Knave and lived by couzenage In Godb. Couzening Rep. 284. Croo. 2. 427. In Leonards Rep. 336. 16. That to charge a man with any Crime of Felony after a General After a pardon or special Pardon albeit the Defendant know not of the Pardon will bear an Action So to charge a man with a Crime after hée hath béen indicted for it and acquitted of it upon his trial on the Indictment In Hobb Rep. pl. 71. 105. In Owens Rep. 150. Brownl and Goldsb Rep. 10. 1. Ed. 3. Corone 15. 2. Ed. 3. Corone 18. 17. That words that in and of themselves and in their own nature are Words not Actionable in themselves that are actionable by circumstances and accidents Treason Felony not Actionable yet relating to some Persons in their Offices Callings and Conditions of life Or by reason of some Accidents happening by them they may be Actionable As if one by doubtful and uncertain words that are not Actionable shall cast a charge of Treason or Felony or the like and any special loss come to him of whom the words are spoken by them these words may be Actionable Coo 4. 15 17 20. Mich. 19. Jac. B. R. Harrisons Case In March Rep. 114 115. In Brownl Rep. 1. 11 12. Croo. 2. 484. In Brownl 2. part 166. 18. That if a man speak many slanderous words together of another hée Action brought for part of the words of whom they are spoken may have this Action for any part of the words alone and omit the rest of the words In Owens Rep. 30. 19. That there are some words uncertain and unknown and of no use in Words actionable in some Countries only some Countries that may be certain and known in other Countries and be equivalent to slanderous words in another Country and so be Actionable being spoken there And therefore for any such words spoken in the Country where they are used and known or spoken elsewhere if it bee before them that understand them they may bee Actionable So to use any of these words Thou art mainsworn or thou art an out-putter or thou art a healer of Felons or thou hast strained my Mare or that thou being a Shooemakers Journey-man wilt cut thy Master out of doore Every one of these spéeches are actionable in some places But then Averment some say there must be this Averment in the Declaration that they do carry this sense in the Country where they are spoken And yet others say it may be proved at the Trial to have this sense But it is most safe to averre it And thus to say of one in Devonshire and thereabouts Hee is a healer of Fclons For there it is taken for a hider or concealer of Felons Healer of Felons Mainsworne where it is said The healer is as bad as the stealer So to say of one in some Countries Hee is mainsworn where it is taken for Hee is forsworn So to say of one in some Countries Hee hath strained a Mare where it is taken for Hee hath stoln a Mare or buggered a Mare So to Strained a Mare Outputter say of a man in Northumberland Westmerland and some other places Hee is an out-putter where it is taken for a Horse-stealer So to say of a man in Westmerland and some places Hee is a Sheep-Theef where it is taken for a Stealer of Sheep So to say of a man in some places that is Sheep theef servant to a Shoomaker Thou wilt cut thy Master out of doors where it is taken for Thou wilt undo him So to say of a man in some places as Cut his Master out of doors Daffidowndilly in the North Country Hee is a Daffidowndilly where it is taken for this Hee is an Ambodexter These and such like words as these spoken in the places where they are known will be actionable But some hold that if they be not spoken in the hearing of some that do understand them that they are not actionable And yet this may be a little doubted For hée that hears them spoken may ask the meaning of them of those that know it And so the party will be slandered and have no remedy Sée for all these things in Brownl 1. part 13. Hobb Rep. 350. 236. 106. 126. 191. 394. Yelverton Rep. 153. Bulstr 1. part 146. March Rep. pl. 2. 17. Bulstr 2. 146. Coo. 4. 25. Brownl Rep. 4. 6. In Hetleys Rep. 123. Noys Rep. 98. 133. Bendloes Rep. 186 187. 20. That where a Defamation is cast upon a man by déed which is tantamount Slander by Act done or more than a slander by word as where a man is maliciously indicted for Treason Felony or the like there the party grieved may have this Action Bulstr 3. part 272. 21. That where words are in themselves actionable as tending to the Infamy Discredit and Disgrace and importing damage to the man of whom they are spoken there the Action will lye without any Averment of any special loss by them And so it is held for scandalous words that touch Averment a man in his Life Liberty or Member or any corporal punishment or which scandalize a man in his Office or Place or Trust or in
or not malicious nor subject to qualification by other words they may not be Actionable 4 The Attorney it séemes is to shew in his Suit that hee was an Attorney at the time of the speaking of the words This Action will lye for saying of a Constable Hee is a concealer of Of a Constable Sect. 10. Felons Pridhams Case Pasche 7. Jac. B. R. So for this Thou hidest or coverest Felonies So for this Thou favourest Felons Stuckleys Case Pasche 7. Jac. B. R. and Bondmans Case But it is doubted whether it will lye for this said of such an Officer Thou art a bribing Knave and hast couzened the Parish of W. in Rates Couzening of thirty pound Hetleys Rep. 36. This Action will lye for over-séets of the poor of a Parish for these Of Over-seers of the poor words said of them viz. of any such Officer He hath couzened the poor of their bread March Rep. pl. 135. 9 Jac. B. R. but some deny this Case to be Law but the words have a verbal sound So for this spoken in relation to his office That he is a cheating Knave and hath couzened the Parish of forty pound Stiles Rep. 388. Couzening So it is said to lye for this Thou dost make Loanes Taxes or Assesments thy self and makest five quarters in the year and dost cheat and couzen the Parish Stiles Rep. 394. Some say it will lye against such an Officer for these words He hath Couzened the poor of their money others deny it but certainly they have the import of a foule aspertion in them 9 Jac. B. R. It will not lye for saying of such a one Hee is a notorious Lyer and Couzener and hath deceived the Parishioners of H. of five hundred pound and I will teach him to deceive me of my house Croo. 2. 619. It is said this Action will lye for saying of the Churchwardens of a Parish Of Church-wardens such like words as these of one of them He hath couzened the poor of their Bread or he hath couzened the poor of their Money But others oppose this 9 Jac. B. R. It séemes it will lye for this spoken of such an Officer in relation to his office That he is a cheating Knave and hath couzened the Parish of forty pound Stiles Rep. 388. 394. But it will not lye for saying of such an Officer He is a notorious Lyer and Couzener and hath deceived the Parishioners of A. of five hundred pound and I will teach him to couzen me of my house Croo. 2. 619. This Action will lye for a Churchwarden for this said of him that had made his presentment at a Visitation Thou hast perjuredly presented me at the Visitation before I. S. official Croo. 2. 80 81. 120. It wil not lye for these words spoken of a Scrivener Thou art a Rogue For a Scrivener Rogue Couzener Cut-purse Of a Measurer or Surveyor of Land and a Cony-catching Rogue a couzening Rogue a Cut-purse Croo. 2. 536. Nor for this He made false writings Croo. 2. 536. This Action will lye for a Mathematical Measurer or Surveyor of Land a Geometrician or a Mathematician for any words spoken of him to scandalize him in his Art Faculty or Profession as to say of him He hath no skill in his Trade or that he is a cheater in his Trade or that he is a couzener in his Trade or that he is a cheating Knave and that I can Cheater prove But this must be for a man that is learned and doth his work by his Art for if the words be spoken of one that doth measure by the poll only it seems they are not Actionable Goldsb Rep. 278. Hill 16. Jac. B. R. Londons Case Croo. 2. 504. It will lye also for a Surveyor or measurer Couzener of Land that gets his living by it for these words said of him Thou art a couzening and shifting Knave and a cheating knave Croo. 2. 504. This Action will lye for saying of a Commissioner that hath a Commission Of a Commissioner Sect. 11. to examine Witnesses and to hear and determine a matter in Chancery That he is a corrupt man or that he hath taken bribes of R. K. and for saying after King hath set Sir George Moore on horse-back with bribes whereby to defraud Equity Justice and good conscience and Popham took no difference to bee where the Commission is to one and where to many and where the Commissioners bee named by the Court and where by the Parties or either of them Sir George Moore and Fosters Case So likewise for Commissioners that have a Commission to examine witnesses out of the Exchequor And it is adjudged to lye for this said of a Commissioner that had a Commission out of the Exchequer to examine Witnesses That he had returned as the Depositions of Witnesses into the Exchequer the Examination of divers who were never sworn Croo. 1. part last publisht 623. This Action will not lye for the Mayor of a Town for saying of him That he hath couzened all the Town 8 Car. B. R. Mayor of Tivertons Of the Mayor of a Town Case This Action will lye for a publick Weigher in a Market Fair or Town Of a publick Weigher in a Town that is a publick Officer there for these words That he hath done corruptly of that hee hath taken bribes to make false Weights or the like by Williams Justice This Action will not lye for saying of a Bayliff That hee had made no Of a Bayliff true Accompt Bulstr 2. 218. This Action will lye for saying of A. B. Clerk to the Company of Merchant-Taylors Of a Clerk of a Company in London these words Before A. B. came to the service of the Merchant-Tailors hee dwelt in Shrewsbury and setthe Town together by the ears and so long as hee was there they were never in quiet but afterwards they lived quietly and he being Clerk to the Merchant-Tailors was of consent and counsel with W. G. to deliver the Books of the Corporation which hee had in his keeping to the intent that thereby some of the Lands of the same Corporation might be found concealed Croo. 1. part last publisht 358. But if one shall say of another that is an Officer without any precedent Communication about his Office Place Trust or Profession That Couzening Incertainty hee is a couzening and cheating Knave or that hee hath couzened and cheated any man thus and thus this is so general and incertain that no Action will lye for it March of Slanders 1. part 72. 73. Out of all which Cases touching Officers and such like persons imployed as in the Cases before That hée that will charge a man for words spoken against another for any thing tending to defame him in his office or place of Trust these things must be in the Case 1 The words must be spoken of him generally and then will be by construction of Law intendible as spoken to or
whereas it should have been prefat I. S. Innuendo and this was amended by the Court Croo. 2. 157. As to this Question these things are to be known Where the plea in Bar or Verdict of the Jury will help to maintaine the Declaration and Action or not 1 That the Writ and Declaration must set forth that the words were spoken in auditu or in presentia quamplurimorum subditorum c. otherwise it is not good and the Defendant may take advantage of it but if hee doe not except against it but plead to it and it bee put to a Iury that doth finde for the Plaintiff this may haply supply that defect Croo. 1. 65. 144. 2 That where the words supposed by the Declaration are That Eyres Innuendo the Plaintiff is a Theef And hereupon the Iury doth finde it for the Plaintiff this is good and doth make the incertain words certain and actionable Eyres Case M. 7. Jac. B. R. So if one say to another of a woman passing by shee is a Witch and Sect. 6. hath bewitched my childe Innuendo the Plaintiff and verdict is given for the Plaintiff now it is out of question Pasâ—he 18. Jac. B. R. Roberts Case 3 That where the words that are found by the Iury do not agrée with the words in the Declaration in the substantial and essential form in this Case they will not warrant and maintain the Declaration But if they do agrée in the substantial and essential form though they agrée not in every word yet they may warrant the Declaration and maintain the Action Hobb Rep. pl. 213. M. 4. Jac. B. R. Hill 3. Jac. B. R. Dyer 21. 75. And although all the words in the Declaration be not found yet if the essential and substantial form of the words be found it will be good enough Dyer 21. 75. 4 In this Action for words upon not guilty pleaded the Iury found the words laid in the Declaration to be spoken by the Defendant of the Plaintiff The words were these Thou art a Theef and I will prove thee so And the Iury finde that hée spake the words de Querenti not in his presence but in his absence and so finde it specially And it séems it might be good Bulstr 1. part 56. 5 In this Action against a Husband and Wife if the Iury finde the Husband guilty and the Wife not guilty and a verdict be found in the Case And albeit that the Declaration be naught it now is holpen by the verdict and the Plaintiff may have Iudgement Stiles Rep. 350. 6 If the Action be brought by the Plaintiff against the Husband and Wife for words spoken by the Wife and the Iury finde the Wife guilty this is good and the Iudgement shall be against them both Stiles Rep. 460. Brownl and Goldsb 7. 7 The Count was that the words were spoken falso malitiose and Sect. 7. the Iury found it falso injuriose And it was agréed to be naught and that they were not actionable Trin. 7. Car. B. R. Norman and Simons Case 8 The Count was that the words were That hee is a maintainer of Theeves and a strong Theef And the Iury found all the words but the word strong And it was adjudged for the Plaintiff Burgis Case Dyer 75. 21. 9 The Count was That John Barker and his children be false Theeves men cannot have their Cattel going upon the Common but they will kill them and eat them c. And the Iury found the last but not the first words viz. B. and his children be false Theeves which are the only actionable words and it was adjudged for the Defendant Barbars Case If the Action be for words only and the Plaintiff recover hée is to have Costs recoverable no more costs than the Iury have given damages But if the Action be for words and déeds together as for slandering and causing imprisonment or the like there hée is to have full costs Croo. 1. part 223. If the Plaintiff be non-suit the Defendant shall have costs Hobb pl. 286. CHAP. XXIV Of a Libel A Libel called Famosus Libellus seu infamatoria scriptura is taken Libel What Sect. 1. for a scandalous writing or Act done tending to the defamation of another And this may be and sometimes is against a publick and sometimes against a private person sometimes against the living sometimes against the dead This may be by writing or by other Act done By writing when any Epigram Rhyme or other writing is composed or published to the note or contumely of another by which his fame or dignity may be prejudiced And this may be either verbis or cantilenis as where it is malitiously repeated The kinds of it or sung in the presence of others 2. Traditione when the Libel or any Copy of it is delivered over to another to the intent to scandalize the party Or it may be done by other waies An infamous Libel without writing may be either by pictures when the party is painted in any ignominious or reproachful manner 2. Or by signs when one doth make or fix a Gallows or any other reproachful or ignominious sign at the door of the party or elsewhere Coo. 5. 126. Or the like Thus Jeffes exhibited an infamous writing directed to the King against Sir Edward Cook Chief Justice of the Kings Bench and against the Court for a Iudgement given in the Court affirming the Iudgement to be Treason calling him therein Traitor and perjured Judge and scandalizing all the Professors of the Law containing much scandalous matter in it And fixed the Libel upon the great Gate at the entrance into Westminster-Hall and in divers other publick places and was indicted for it in the Kings Bench and fined a thousand pound committed to the Marshal ordered to stand on the Pillory at Westminster and Cheapside with a Paper of his offence on his back to be detained in prison till hée made an open submission in all the Courts at Westminster and to be bound with sureties for his good Behaviour during life Croo. 1. 125. And so an infamous Libel was composed and published in verse against John the Archbishop of Canterbury and his successour by Circumlocutions and descriptions and not in expresse terms by which they were traduced and scandalized which was punished in the Starre-Chamber Coo. 5. 225. And so William Peacock did exhibit his Bill in the Starre-Chamber against Sir George Reynel for this that the Defendant perceiving that the Plaintiffs Father was inclined to settle his Land upon him that hée to take off his affection and that hee might settle it upon himself writes a Letter to his Father that the Plaintiff was not the Son of a Peacock and was a haunter of Taverns and that divers women did follow him from London and that hee longed for his death and that his Land would not be sufficient to pay his debts c. And the Defendant was there fined two hundred pound and
Merchandized for Lead in the County of Derby and thereby hath acquired mony towards his livelihood the Defendant said of him Hee is a Bankrupt and is not able to pay his Debts but will run the Country it was found for the Plaintiff and moved in arrest of judgement by Serjeant Harvey that the Action lay not because that the Plaintiff shewed not that hee used it as his Trade nor that he gained his living by buying and selling also he is intituled Gentleman but the Court held that the Action would well lye and it had béen adjudged 14 Eliz. that a Tanner shall have an Action for such words Mich. 9 Jac. Huttons Rep. 46. Case 182. Hugh Meredith a Iustice of Peace in the County of Monmouth Charge of Robbery indirect Slander of a Justice of Peace I will indict him for c. brought an Action upon the Case against Bonill for these words I will have him hanged for robbing on the High-way and for taking from a man five pounds and an horse after verdict for the plaintiff it was moved in arrest of Iudgement that the words were not actionable for they are not Affirmative or Positive but a supposition only as if he had said I will indict him for such a matter it was vouched to be alledged 31 Eliz. in Nowels Case that to say of an Attorney That hee was Cooped for Attorney Cooped for forging Writs forging Writs maintained an Action and 14 Eliz. Hâ—e is infected of a Robbery and he smelleth of the Robbery adjudged actionable in Balls Case there is never a Purse cut in Northamptonshire but Ball hath a Words general and incertaine part of it will not bear action but the Court would not declare their opinion Quia sub spe concordiae Hill 10 Jac. Huttons Rep. 58. Case 183. Sir Robert Hitcham Serjeant at Law and to the King brought an Action upon the Case against one Brook a Iustice of the Peace and which had béen Sheriff of Suffolk and Count that hee for divers years last past had béen one of the Kings Serjeants and had demeaned himself well and loyally in the discharge of his duty and had gained good opinion and had acquired by his practise a good estate for the maintenance of him and his Family the Defendant said I doubt not but to prove that the Treason Plaintiff hath spoken Treason Innuendo Treason against the King verdict was found for the plaintiff and it was moved in arrest of judgement that these words are not actionable 1 Because no time is alledged when the plaintiff is supposed to speak Time of speaking the words when material Treason and it might be when he wâ—s an Infant or that it is pardoned to which it was answered by the Court First that these words ought to be alledged as they were spoken and that was indefinite Secondly the time is not material unlesse the Defendant make it material by his plea viz. when he was in giving evidence for the King against a Traytor and then he repeated such words or when that the plaintiff was frantick and of that he intended and so justifie there the time may come in question 2 The second Exception was that there is not any expresse affirmative Charge indirect and not affirmative to that it was answered by the Court That it was more than an Affirmative for he had as he said proof thereof and not a Report or heresay and if one say It is reported c. that will not bear Action unlesse hée justifie the Report by charging it upon him which was the Author of the Report 3 Also it was objected That the speaking of Treason was not Treason but it was holden clearly that it is as well as preaching or writing Et index animi sermo 4 Also it is not said what Treason and it may be High or petty Treasan To which it was answered that when he speaks generally of Treason it shall be intended according to the common intendment which is Treason against the King vide Sir William Mulgraves Case Coo. Lib. 4. And two Cases were vouched to bée adjudged in the Point one betwéen Johnson and Atwood 8 Eliz. Thou hast spoken Treason and I will hang thee for it adjudged actionable The other was betwéen Pewall and Vardoffe 9 Jac. Thou hast spoken Treason and I will prove it adjudged actionable And it was resolved by all that the Plaintiff should have his judgement Pasche 1 Car. 1. Huttons Rep. 75. Case 184. John Daws Plaintiff against William Palmer in an Action upon the Case and Count That whereas hee was a Fuller and had used the Trade of Fulling and thereby acquired his livelihood and was of good Bankrupt of a Trades-man A Fuller credit c. The Defendant said of him Trust him not for hee owes me a hundred pound and is not worth one Groat and at another day hée said He is a bankrupt Rogue and upon not guilty pleaded the Iurors found for the Plaintiff and gave entire damages and it was moved in arrest of judgement that the first words were not actionable and then Damages entire the Iury having given entire damages the Plaintiff should not have Iudgement for any part vide Osbornes Case Coo. lib. 10 but in this case after many debates it was resolved by the Court that the Plaintiff should have judgement for the first words are actionable at Common Law before the Statute Trust him not he is not worth one Groat Goe not to buy of I. S. a Merchant for he will deceive you Of an Words that hurt a man in his Trade or way of living Iune-kéeper Goe not to such an Inne for hee is so poor that you can have no good entertainment Of an Attorney Use him not for hee will couzen you all these words are actionable hee will bee a bankrupt within seven daies and for the other words That hee is a bankrupt Rogue that is resolved Co. lib. 4. to be actionable And it was a Case Pasch 10 Car. 1. in a Writ of Error brought in the Exchequer Chamber upon judgement given in the Kings Bench betwéen Dunkin and Laycroft for words spoken of a Merchant who had been at Hamborow in partibus transmarinis and there had used the Trade of a Merchant and Factor Thou Innuendo tthe Plaintiff camest Broken Merchant over from Hamborow a broken Merchant and adjudged actionable and so affirmed in the Exchequer Chamber and upon all these Authorities the Court gave judgement for the Plaintiffe pasch 10 Car. 1. Huttons Rep. 124 125. Case 185. One Widow Sower brought an Action of the Case against Burton for Old Witch Old Whore these words Thou old Witch thou old Whore leave off thy Witching or else thou shalt be hanged or burned if I can doe it and upon not guilty pleaded and verdict for the Plaintiff it was moved in arrest of judgement and it séemed to Lord Finch Hutton and Vernon that the Action lay not
Isham for justice but could never get any at his hand but injustice Croo. 1. 10. Case 201. Hill 2 Jac. B. R. Sir John Hollis versus Briscoe and his Wife for Slander of a Justice of Peace this first shewing That he was a Iustice of Peace in the County of N. and had been Sheriff of the County and then for seven years before was Deputy Lieutenant there that the Defendants Wife said to A. and B. the Plaintiffs servants Your Master Innuendo the Plaintiff is a base Rascally Villaine and is neither Nobleman Knight nor Gentleman but a most villanous Rascal and by unjust means most villanously Keeps Theeves and Traitors about him take other mens Rights from them and keeps a company of Thieves and Traytors to doe mischief and gives them nothing for their labour but base blew Liveries and this all the Country reports and other good he doth not any and it was adjudged for the Defendant yet two of the five Iudges held them actionable but they all agréed none of the words could be actionable but those He keeps a company of Theeves and Traitors to doe mischief Croo. 2. 58 59. and in Yelverton 64. Case 202. Pasche 3 Jac. B. R. Sir George Moores Case was this That there being Slander of a Commissioner out of Chancery with Bribery a Suit in Chancery betwéen Richard King and two others and a Commission by assent of the parties thereunto to him and thrée others Ad examinandum testes audiendum terminandum if they could and if they could not to certifie c. the Defendant said of the Plaintiff these words Sir George Moore is a corrupt man and hath taken Bribes of Rich. King Innuendo that he hath taken Bribes of Rich. King for the executing of that Commission And said further That Richard King hath set Sir George Moore on Horseback with his Bribes to pervert Justice and Equity upon not guilty pleaded and a verdict the Plaintiff had judgement Croo. 2. 65. also in Yelverton 62. Case 203. Mich. 3 Jac. B. R. Kempe versus Howsegoe for these words spoken of Slander of a Justice of Peace Partial Justice him being a Iustice of Peace Kempe is a Basket Justice a partial Justice I will give him five pound every year for his Gifts about Justice-matters and it was held that for the words partial Justice the Action will lye but that none of the rest of the words are actionable Croo. 2. 90. Case 204. Pasche 18 Jac. B. R. May versus Gibbons The Action was for these Charge of Theft Slander by way of interrogation words Have you brought home the forty pound you stole and they were adjudged actionable though spoken by way of interrogation and the judgement was affirmed in a Writ of Error brought upon it Croo. 2 part 568. Case 205. Crumpe versus Barue Pasche 2 Car. 1. Co. B. The Plaintiff he was Bankrupt of a Shoo-maker a Citizen of Gloucester and had so been for twelve years and all that time used the Trade of a Shooe-maker and that the Defendant said of him Hee is a Bankerupt Rogue and it was adjudged for the Plaintiff Croo. 1. 21. Case 206. Wicks versus Shepheard in the Exchequer Pasche 5 Car. 1. hee set Losse of preferment by words forth That he was in Treaty for a Wife and like to have her and that the Defendant to hinder him thereof spake this of him Hee is a sharking Fellow and getteth his living by deceit and used himself violently to his Couzening former VVife and denied her necessaries and is a needy Fellow and his conditions are wicked and for his Religion hee is a Brownist by reason whereof he lost his marriage And it was adjudged for the Plaintiff but agréed that it was by reason of his losse only and that otherwise the words were not actionable Croo. 1. 110. Case 207. Mich. 5 Car. 1. B. R. Shaliver sued Foster and his Wife for these Charge of theft Incertainty in the person slandered words spoken by the Wife of the Defendant of the Plaintiff to Anne Rochester the Plaintiffs Mother VVhere is that lying thief thy Son Innuendo the Plaintiff he hath murthered my Aunt quandam Dorotheam Stoke Amitam defendentis Innuendo and I will prove it and upon a not guilty it being found for the Plaintiff it was doubted because it was not alleadged That there was a precedent communication of the Plaintiff or that he was the only Son of Anne Rochester to whom the words were spoken and the Court would advise Croo. 1. 127. Case 208. Trin. 8 Car. 1. B. R. Goodyear versus Bishop for this That whereas the Plaintiff is and for divers years hath béen a Merchant and used the Bankerupt Trade of a Merchant that the Defendant speaking of him said to one Trades-man Harris Hee is not worth a Groat he is a hundred pound worse than naught and it was adjudged actionable Croo. 1. 193. Case 209. Mich. 8 Car. 1. B. R. Lawrence sued Woodward for this Thou didst Charge of Robbery violently upon the High-way take my purse from me and four shillings two pence in it and didst threaten me to cut me off in the midsts but I was forced to run away to save my life and it was adjudged for the Plaintiff Croo. 1. 202. Case 210. Trin. 1654. Henley and Bayntons Case for these words You have couzened the State of twenty thousand pound and I will prove it for you Couzened the State have received five and twenty thousand pounds profits of the office and not compounded for it and have foysted in words into the order of your composition and after a verdict for it it was adjudged for the Plaintiff Stiles Rep. 436. Case 211. Mich. 17 Jac. B. R. Califord and his Wife against Knight for these Adjective words Whore Pox. Innuendo words Thou art Mutcombes Hackney thou art a theeving VVhore and a pocky VVhore Innuendo that the said Jones had the French Pox and I will prove thee a pocky whore and it was adjudged against the Plaintiff that the words were not actionable and that the Innuendo did not extend them beyond their common sense Croo. 2. 514. Case 212. Pasche 16. Jac. B. R. Barmunds Case for these words hee hath had Charge of Incontinency two Bastards and should have kept them by reason of which words discord did arise betwéen him and his wife and they were likely to have béen divorced And it was adjudged against the plaintiff for that hee did not set forth any special damage that came to him by the words spoken Croo. 2. 473. Averment Case 213. Mich. 10. Jac. B. R. Tooses Case for these words Tooses his wife Innuendo the plaintiff killed thy Husband Innuendo John Dunscombe her Charge of Murder of a Husband husband lately dead And after verdict it was adjudged for the plaintiff and that the words were Actionable albeit it were
is shewn that such Land was given to his Grandfather and that his Father had divers Sons Slander of a Title whereof the plaintiff is the youngest and his elder Brothers are living And that such a one was to buy the Land and offered him such a summe of money for his title and by reason of those words refused to give him any thing So it appears by his own shewing that he hath not any present title and therefore no cause of Action at all But the two chief Iustices conceived that although he hath not any present Title it appears hee is by a possibility inheritable to those Lands and being offered a summe of mony for that possibility to joyn in the assurance although he hath not any present title to the Land yet by reason of those words hee had a present damage and in future might receive prejudice thereby in case hee were to claime any Land by discent And for these causes they held that the words were actionable and the judgement was affirmed Croo. 2. 213. Case 229. 2 Car. B. R. Reynor vers Hallet The Action was brought for these words viz. Reynor is a base Gentleman and hath four Children by his servant Agnes and he hath killed them all or caused them to bee killed And after a verdict for the Plaintiff and amotion for to arrest the judgement judgement was given for the Plaintiff and there it was said to be adjudged not to lye for these words Agnes Knight is a Witch and Witch by Dodridge these words Hee hath four Children by his servant Agnes alone are not actionable but Whitlock contra And by Iustice Jones it Incontinency For saying one is a Bastard lyeth not for saying One is a Bastard and by him it lyeth not for saying Thou hast killed I. S. where in truth there never was any such man But to say Thou hast killed the King Contra. Case 230. Mich. 40 Eliz. In an Action of the Case for calling one Bastard Dyer and Walsh Iustices said an Action would lye but Brown on the contrary For calling one Bastard because it must be tried in the Spiritual Court And Dyer said that at Barwick Assizes a Formedon in Dicender was brought and one said That his Father by whom he claimed was a Bastard and thereupon he brought an Action against him for those words and recovered Case 231. The Clerk said That he had a Son in Nottinghamshire and that he Charge of Theft Incertainty Averment had his Chest picked and a hundred pound taken out of it in one Lock-smiths house and I thank God I have found the Chief who it is it is one that dwelleth in the next house called Robert Kingston whereupon Kingston brought this Action without averment that he did live in the next house and had a verdict for him and it was held not good for lack of this averment Pasche 7. Jac. B. R. Case 232. Action for these words There was never a Robbery committed within Charge of Robbery forty miles of Wellingborough but thou hadst thy part in it after verdict it was moved in arrest of judgement that the Action did not lye because it was not averred there was any Robbery committed within forty Averment miles c. for otherwise it is no slander sicopinio cur and judgement for the Defendant Mich. 36 37 Eliz. B. R. placito 12. Croo. 1. last published 308. 11. Case 233. Action for these words You have sought to murder me and I can Charge of an endeavour to Murder prove it adjudged that it lay Croo. 308. 1. last published 12. Case 234. Action for words That he being a Counsellor at Law and Steward to Slander of a Lawyer I. S. of his Mannours the Defendant said of him Hee is a paultry Lawyer and hath as much Law as a Jack-a-napes upon not guilty pleaded it was found against him and damages twenty pound And it was moved and the Action lyeth not for it is not said hee had no more Law than a Iack-a-napes but it was adjudged for the Plaintiff for the words are scandalous and touch him in his profession Croo. 1. last publisht 342. 9. Case 235. Action for these words Thou art a forsworn Jack in the Court-Baron Charge of Perjury of D. thou hast sworn me out of twenty shillings rent and hast me on thy side adjudged that the Action lay and the Plaintiff recovered Croo. 1. last publisht 342. 10. Case 236. Action for these words There was never a Purse cut within twenty Charge of Theft Cut purse miles of VVellingborough but thou hadst thy part in it and avers that such a Purse was cut c. and he had no part in it And it was moved that an Action lyeth not for it is not said he had a part of it as a partaker in the Felony for he may have a part in it in the losse and so it is no slander but it was adjudged for the Plaintiff for the words shall be taken to be spoken in the worst sense in disgrace and reproach of the Plaintiff Nota Serjeant Yelverton cited a Case Pasche 32 Eliz. Sir Edward Hastings Endeavour brought an Action for these words You have procured a perjured man to seek my bloud and ruled that an Action did not lye But Fenner said the Case was not adjudged but ended by his Arbitrement Vide Mich. 35. 36. Eliz. Antea B. R. placite 11. Croo. 1. last publisht 342. 11. Case 237. Action for words for that the Defendant said to I. B. Son of the Plaintiff in the presence of divers Thou praefat J. B. Innuendo and thy Charge of Perjury Father Innuendo the Plaintiff were both Perjured and I Innuendo the Defendant will prove you both perjured Vpon not guilty it was found for the Plaintiff damages twenty pound And it was moved in arrest of judgement that it was not averred that I. B. was the Son of the Plaintiff but it was held well enough for that it was alledged that the Averment words were spoken to I. B. his Son and it was adjudged for the Plaintiff Croo. 1. last publisht 143. 11. Case 238. Action for these words Many an honester man hath been hanged and Charge of Felony Indirectly a Robbery hath béen committed and I think he was at it and I think he is a Horse-stealer it was moved after verdict that an Action lyeth not without an expresse averment he was so Curia contra they are great Averment slander if the Defendant sheweth not a good cause of his thinking and it was adjudged for the Plaintiff Croo. 1. last publisht 148. 20. Case 239 Action upon the Case was brought for these words Thou art forsworn and I will make thee flowre the Pillory or else it shall cost me a hundred Charge of Perjury pound Et per totam curiam an Action lyes not for Anderson said There is a great difference betwirt the words
R. Croo. 1. last publisht 502. Sée Croo. 2. 625. See before Case 14 20. 42. 76. and after Case 288. 293. 324. Case 278. Action by a Iustice of Peace for this One Webb being Arrested as accessary Justice of Peace slandred of Felony for stealing of his owne goods Mr. Stafford Innuendo the Plaintiff knowing thereof discharged the said Webb by an agreement of three pound whereunto Mr. Stafford was privie whereof thirty shillings was to be paid to Mr. Stafford and was paid to his man by his appointment and the Plaintiff had judgement and Error was brought and assigned that the words were not actionable but the judgement was affirmed Croo. 1. last publisht 536. Sée after Case 334. Case 279. Action for this Thou art a Witch and a Sorcerer and it was adjudged Witch and Sorcerer for the Plaintiff to be actionable John Rogers and Gravat Trin. 39 Eliz. B. R Croo. 1. part last publisht 571. See before Case 145. 229 and after Case 319. 323. 337. Case 280. Action for this by an Attorney I. S. Martin your Attorney he is the foolishest Slander of an Attorney and simplest Attorney towards the Law and if he does not overthrow your Cause I will give you my ears Hee is a Fool and an Asse It was held these words He will overthrow your Cause were actionable and it was adjudged for the Plaintiff upon all the words Croo. 1. part last publisht 589. Case 281. An Action was for this I arrest you for Felony and the Court séemed to incline to the opinion that the words were not actionable Hobb Rep. pl. 286. Case 282. Action for this Thou art a Corn-stealer and if was adjudged for the Corn-stealer Plaintiff that the words are actionable 39 Eliz. Co. B. Croo. 1. part last publisht 563. Case 283. Action for this I will call him in question for poysoning my Aunt and I Charge of Murder indirectly Averment make no doubt to prove it After verdict and motion to arrest the Iudgement because the words were not a direct Affirmation and because he did not aver that his Aunt was dead it was held that the words were actionable without any such averment and adjudged for the Plaintiff So for saying He was perjured in this Court although he were never sworn Web and Poor Trin. 39 Eliz. B. R. Croo. 1. last publisht 569. Sée Case 217. before and 245. 299. Case 284. Error of a Iudgement in the Common Banke for these words Thou art a forsworn Fellow for by thy false Oath thou hast hanged as true a man as Charge of Perjury thy self and the error assigned was because the words were not actionable it was adjudged that the words were actionable and the Iudgement was affirmed Exception also was taken to the Declaration for that it was Quod Declaration propalavit quaedam scandalosa verba prout in his Anglicanis verbis sequend In another Language viz. Thou c. for that it may be they were spoken in another Language c. sed nec allocatur for it shall be intended they were spoken in English Bate and Rookwood Trin. 39 Eliz. B. R. Croo. 1. last publisht 572. Case 285. An Action was for this Thou hast harboured and received thy Son knowing him before to be a Seminary Priest the words were held actionable and Harboring a Priest the Plaintiff had judgement Pasche 10 Jac. B. R. Smith and Flint Croo. 2. 300. Case 286. Action for this spoken of an Attorney Thou art a Couzening Knave and gettest thy living by Extortion and didst couzen one Pigeon in a Bill of Costs Slander of an Attorney of ten pound It was held by the Court that for the first words Thou art a Couzening Knave it lyes not nor for the next thou gettest thy living by Charge of couzening Extortion no more than for saying thou gettest thy living by swearing and forswearing c. As in the Case of Stanhop but for the last words that the Action did lye and it was adjudged for the Plaintiff Stanley and Boswell Hill 40 Eliz. Co. B. Croo. 1. last publisht 602. And in Croo. 2. 586. Jenkins and Smith Mich. 18 Jac. B. R. It is adjudged to lye for this said of him Thou art a false Knave and a couzening Knave and hast gotten all that thou hast by couzenage and thou hast couzened all those that have dealt with thee Case 287. Action for this The Plaintiff was Perjured in his Answer in the Starre-Chamber Charge of Perjury Innuendo a Bill there exhibited by the Plaintiff against the Defendant It was held the words of themselves were actionable and that the Innuendo being repugnant is voyd and it was adjudged for the plaintiff Innuendo Corbet and Hill Pasche 40. Eliz. B. R. Croo. 1. last publisht 609. and in the Case of Poultney and Wilkinson Mich. 45 Eliz. B. R. an Action was brought for this Thou art thrice Perjured in thy Answer in Chancery to my Bill Innuendo a Bill by the Plaintiff there against the Defendant and an Answer to that Bill It was upon a Demurrer adjudged for the plaintiff without argument Croo. 1. last publisht 907. Sée the like in Croo. 1. 234. Sir Richard Snowds Case Sée before Case 276. Case 288. In Norwoods Case Trin. 41 Eliz. B. R. It was held that for saying Incontinency Spiritual Slander One hath begotten a Bastard on such a Woman is not actionable at Common Law Croo. 1. last publisht 684 Sée Case 277. before Case 289. Error of a Iudgement in an Action of the Case for words of Master Bridges Hee is a maintainer of Theeves and keepeth none but Theeves in Charge of maintaining Theeves his house and I will prove it c. For that it was said the words were not actionable because he doth not aver that he knew them to be théeves and the judgement was reversed Ball and Bridges Hill 42 Eliz. B. R. Croo. 1. last publisht 746. Sée before Case 264. 159. 164. 171. 201. and after Case 345. Case 290. Error of a Iudgement for an Action for these words Mistris Margaret Passy Innuendo the Plaintiff sent a Letter to my Master and therein willed Charge of endeavour to poyson him to poyson his Wife for that the words are not actionable But the Iudgement was affirmed and held that the words were actionable Croo. 1. part last publisht 747. See before Case 109. 148. 160. And after Case 335. Case 291. Action for this by a Gaolor for this said of him Heath hath let forth prisoners out of the Gaol and had his part and shares with them and by that means Slander of an Officer he came to his goods hee had not a sheet to his bed before hee let them out of the Gaol to steal them and it was held that the words were not actionable and adjudged for the Defendant Heath and Pose Mich. 42. Eliz. B. R. Croo. 1. part last publisht 783. Case