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
double intendment doubtful meaning or the like no Action will lye upon them It is therefore agreed That if I have Land and am about the sale of Sect. 2. it in treaty with another or about to settle it on a Marriage and one that hath nothing to doe with it or makes no title to it shall say That I have no title to the Land or I have no right to it or I can make no good estate of the Land or that it is anothers Land or that another hath such an estate in it and set forth such a one as will disable the estate that I am now about to make this is Actionable As if I bee a Copy-holder for life of Land in a Mannour and the Lord is making a Lease of it after my life and is bid five hundred pound for it and I shall say I have a Lease for years of it after my life made by a former Lord this will be Actionable Coo. 4. 18. Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Croo. 2. 163. Yelvertons Rep. 88. Croo. 1. 99. But if it be so that I have only a purpose to sell it or to settle it upon Children and any man speaks such words about it this will not bear Action Croo. 2. 397. 337. 444. Pophams Rep. 187. Owens Rep. 32. Croo. 1. 99. And if one that claimes this Land as his owne shall say It is my Land or I have a Lease of it or the other hath no estate in it or hath no right to it or the like this is not Actionable Coo. 4. 18. so if I pretend Title to Land as Heir and another claims it as Heir and I say He is a Bastard and I am next Heir this is not Actionable Coo. 4. 17. Yelverton Rep. 80 88. And if a Counsellor shall say That his Clyent hath the better right to the Land or shall use other words in the course of his pleading pertinent and necessary to be said in order to the advance of the cause no Action will lye for this Coo. 4. 17. Trin. 25. Eliz. B. R. Banisters case If I have a Copy-hold of Inheritance within the jurisdiction of the Court of another and he saith That I have not any Title to those Lands if by this I have no special prejudice no Action will lye for it Croo. 1. 99. and yet if such a one that hath no Title to nor estate in it himself shall say that another hath an estate in it or title to it who hath no good but hath a colourable estate or title in it this will be Actionable so it is to say in such a case I know one that hath a Lease of the Land and hée will not part from it at any rate Mich. 37. 38. Eliz. B. R. Pennimans Case Mich. 20. Jac. Elborrows Case Croo. 1. 99 100. Croo. 2. 397 422 642. Croo. 4. 17. Coo. 1. 175. And if two have Leases of the same Land and hée that hath the last Lease which is not good shall say That the Land is his and the others estate is not good this is actionable Coo. 1. 175. Coo. 4. 18. And if I be about to sell my Land and J. S. shall pretend to and shew a Lease of it and it is counterfeit and hée know it to be so this is actionable Coo. 4. 18. So if a woman shall publish a Lease of the Land of another as made by her Husband and shall know it to be forged if by it the party have any special loss hée may have this action Coo. 4. 18. So if I bée about to sell my Land and another man shall say the Land is conveyed to J. S. and is his Land or that hée hath a Lease of it for years or the like this is actionable And so it is albeit there be a conveyance or Lease made to J. S. in truth if it bée not a good Conveyance or Lease in Law Coo. 1. 175. Coo. 4. 18. But for these words I had rather to buy the title of the younger Brother than of the elder Brother and the Plaintiff and that hee had seen an Indenture to lead the uses of a Fine whereby it did appear that the Plaintiff had no authority to sell the Land no Action will lye Crush vers Crush M. 3. Jac. B. R. And so it hath béen agréed That an Action will lye in the Cases following To say a man is a Bastard and not a rightful Heir to Land As I have Land as Son and Heir of J. S. and another shall say of mée I am a Bastard if by this I suffer any special prejudice there is no doubt I may have this Action against him Croo. 2. 642. And if I bée Heir apparent to my Ancestor who intends to settle his Land upon mée and by occasion of these words hée doth give it away from mée I may have this Action against him that speaketh the words Croo. 2 Bastardy 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. Nay it séems the Law is That if one shall say of mée that I am a Bastard albeit I do not claim any Inheritance or to be Heir to any one person in certain and albeit I have not any present or special damage by it yet that these words are actionable Croo. 2. 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. And if I have but a remote possibility of Land as where an entail is of Land on my Father and the Heirs of his body whereof I am the youngest of many and hée is about the sale of this Land and I am bid mony for this possibility and then one shall say of mée I am a Bastard and after that the Purchaser refuse to give mée any thing for my possibility in this case I may have this Action against him for it Croo. 2. 213. Godb. Rep. 421 451. pl. 519. CHAP. IV. Of the Scandalum Magnatum SCandalum Magnatum is a wrong done to some eminent person of the Scandalum Magnatum What. Land as Duke Earl Baron Chancellour Treasurer Privy-Seal Justice of the one Bench or of the other by false news or false messages whereby debates and discords betwéen them or any scandal to their persons Sect. 1. may arise Stat. 2. R. 2. chap. 5. Westm 1. chap. 34. In this Case the party defamed may have his Action in the name of the The punishment of it King and his own Name upon the Stat. of 2. R. 2. And hereby shall recover damages for the wrong and the party may also be otherwise punished And if the slander be divulged in the nature of a Libel it is punishable by Indictment and great Fines are imposed for this offence for that the reproach of such persons is the reproach of the King and State it self Coo. 5. 125. Old Book of Entries 593. Crompton Jur. 35. 19. 13. For the knowledge of this wherein this Action is given to a great
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
6. 5. But where the sense is double and indifferent that it may be taken the one or the other way But one of the senses is worse and the other is better there the words shall bée taken in the better and not in the worser sense But of this sée before 6. That where the sense of the words is general and may be taken divers waies there it shall bée understood with reference to the person of whom they are spoken For in this the Rule is Sermo relatus ad personam intelligi debet de Conditione personae And thus the same words spoken to one man may be and spoken to another man may not be actionable to say to a Iudge or such like Officer You are a corrupt man is actionable But such words to another man are not actionable Coo. 4. 16. And yet if in this case there be other words spoken together with these words that do manifest them not to bée intended with reference to his office but to some other thing the words will not be actionable Coo. 4. 16. Hetleys Rep. 123. 139. Wée have toucht it before That Slander is and may bée by word or by déed And by word it may be either of the title a man hath to his Land or of his Person Wée shall first of all lay down something of the first of the slander of titles and then wée shall enter upon the slander of perâ—ons As to which it may bee easily discovered by that which is laid down in the general foregoing Rules That in this subject wée are upon these things are principally to bée considered 1. The Person of the Slanderer 2. The Person of the Slandered 3. The way and manner of divulging of the Slander 4. The frame of the words whereby the Slander is raised and made 5. The matter and quality of the slander it self Wée shall therefore after wée have dispatcht the first and after wée have spoken a little to the Slander of great men called Scandalum Magnatum in the next place say something to every one of these particulars CHAP. III. Of the Slander of a Title to Land THere are some words spoken that are in scandal and disparagement of Words that tend to the slander of a mans title to his Land or to a mans disinheritance Sect. 1. a mans Title to his Land or tend to a mans disheritance for which an Action of the Case may lye And for the opening of this point these things are to be known That in all cases where an Action will lye for a Slander of this nature there must be these things in the Case 1. The words must be spoken about such Land as wherein I that am to bring the Action have some Title of Estate or at least a possibility or probability of Estate or Title in Possession Remainder or Reversion For if they bée spoken about Land that doth not concern mée and wherewith I have not to do they cannot as they refer to the Land be actionable 2. The words spoken must be false For if what is said bée true bée it what it will the speaker may justifie the speaking of it where an Action is brought against him for it 3. They must be spoken by one that neither hath nor pretendeth title to the Land himself and that is not of Counsel with him that hath or pretendeth title to it For if a man lay claim to Land that another hath in possession or to which hée doth pretend title as next heir or otherwise And hée shall say any such words as these That the Land is his Land that claimeth it and not the others or that hee hath a good title to it and the other hath no title to it or that hee hath such an Estate in it or such a conveyance of it if in truth hee have such a conveyance of it and if it bée true as hée saith no Action will lye for it So if they both claim as heir and the one of them say of the other That hee is a Bastard or that hee is not the rightful heir or that his Father was an Alien or the like and that hée himself is the heir And so if the Counsel of such a man shall use any such words as these in the agitation of his Case about the Lands these words will not be actionable And yet if a man shall pretend title to the Land another hath in possession and hath no colour of title for it And say hée hath such a déed or conveyance of it where in truth hée hath no such déed or conveyance at all or if hée hath any such it is a counterfeit and a forged one and hée knoweth it to be so in these Cases the words may be actionable But if there be any colour for what is said the words will not be actionable Coo. 4. 17 18 Yelvertons Rep 80. 88. New Book of Entries 20. 28. Trin. 25. Eliz. B. R. Banisters Case Mich. 3. Jac. B. R. Croo. 2. 339. 4. The party that brings the Action must have or be likely to have some special damage by the speaking of the words as that hée is hindred in the sale of his Land was forced to fall his price or in his preferment in marriage or the like by it And therefore where a man is not about the sale of his Land or about a match with a Wife or Husband and another shall speak words to the disparagement of the title of his Land this will not bear an Action But if by the speaking of the words hée hath lost his Chapman or otherwise suffered any special prejudice the which he must not faile to set forth in his Declaration there without question the Action will lye Croo. 1. 99. 100. Croo. 2. 213. 397. 422. 484. Croo. 2. 642. 337. Owens Rep. 32. Popham Rep. 187 Yelvertons Rep. 88. Bulstr 2. part 9â— 5 That where the words are spoken to the prejudice of his Inheritance as where he is denied to be rightful Heir or the like there the Averment Action may be maintainable without Averment of any present damage and therefore it is held that this Action will lye for saying of a lawful Heir to Land before or after the Ancestors death He is a Bastard and so albeit the words be spoken before or after he hath Land in possession and though he be not about to sell the Land and although he have no special losse by the speaking of the words for by this the King or other Lord may be moved to search after the Title and the Title of his Land if he have any may be called in question and so it may in time turne to his prejudice Coo. 4. 17. Croo. 2. 642. M. 20. Jac. B. R. Elborrows case 6 That this Action will not lye for words that are too general and incertain nor for words that are not malicious sufficiently positive and the like within the Rules of words spoken in other cases for if they be incertaine of a
Burrows Case Albeit this Averment be added that none do lye there but such as have the French-Pox M. 44. 45. Eliz. Boddin and Jones Case Nor for this Hee hath been in Fullers Tubb meaning a Chirurgions Tubb wherein none were but such as had the Pox I will not say of the Pox but hee lay in the Tubb that time that Langhams wife was laid of the Pox and his hair falls from his head and hee is a pilled and a Rascal-knave and a Villain no Christian and thinks there is neither Heaven nor Hell Goldsb 135. pl. 34. Croo. 2. 144. Nor for this Thou art Matcombes Hackney thou art a theeving and a pocky Whore Innuendo that shée had the French-Pox and I will prove thee a pocky Whore Croo. 2. 514. Godb. 278. Nor for this Thou art a scurvy pocky Whore and a Pickpocket Nor will it lye for saying of a man Hee hath the Falling-sickness Hill Falling-sickness 4. Jac. B. R. unlesse it may disable him in his Profession as a Lawyer or the like Hill 4. Jac. B. R. It is adjudged as it is said not to lye for this to advise a mans friend not to kéep company with J. S. because hée is full of the French-pox because there is no malice in this James and Rudleys Case 40. 41. Eliz. Co. B. Nor will an Innuendo enforce any of these words beyond their native Innuendo sense to make them actionable that in themselves are not so Coo. 4 17. And yet in some of these Cases if any special damage come to the party by the words spoken there haply they may be actionable albeit they be not so in themselves And in other Cases albeit there be damage yet may not the words be actionable Croo. 2. 499. CHAP. XVIII Of words that hinder ones Preferment THere are other words that do or may hinder a Preferment that a Sect. 1. man or woman may be in a possibility and likelihood to have And this falls out especially in one of these Cases where a man is in likelihood to have a wife or a woman a husband or one that is or may be an heir to an Ancestour and in that Right to have Land from him or a Minister is in possibility and likelihood to have a Parsonage by presentation or one is in a likelihood to be chosen to an office or one is in likelihood to be preferred to a special service and by some scandalous words spoken by another against him to his disparagement hée is prevented of and put besides it in such a Case and for this Injury the Law gives him this remedy And therefore it is held that this Action will lye for the words in the Cases hereafter following That is to say where a woman is like to have a husband or a man is like to have a wife and one say of him or her hée or shée had a Bastard or lay with J. S. or J. S. had the use of her body or the like and hée or shée lose the Match thereby this Action will lye for him or her that is so disappointed Hill 4. Jac. B. R. Dame Morrisons Case Hobb Rep. 106. 236. 350. Croo. 1. 110. 111. 195. 134. Croo. 2. 163. So if one say of a man Thou art a Whoremaster for thou hast lyen For a hindrance in Marriage Sect. 2. with Browns wife and hadst to do with her against a Chair If by this he lose a preferment by a wife Bulstr 2. part 90. So to say of a Widdower being about a wife that hee had lien with such a woman and others carnaliter cognovit and that by this hée lost such a match Croo. 1. 293. So for this Hath that Bastard A. B. caused you to be arrested is this all the spight the Bastard can do you if by reason hereof hée lose a match hée was about Croo. 2. 422. It will lye for these words A. hath had a childe for shee was conveyed to B. and there shee laid her great belly it is as true that she hath had a childe as that you sit there For shee was sent away with childe and if shee had not a childe shee hath made it away Croo. 1. part 639. For an Heir to hinder him of Land If one be Heir to his Father or Vncle that hath an Estate of Land or Goods which in likelihood hée may bestow upon him or if Land be given to his Grandfather and the Heirs of his body and hée hath children the Father and others that may be Heirs to the Entail though in the second or third degrée and the Land being at sale hée is offered somewhat for his possibility and after one shall say of him Hee is a Bastard and by this means hee loseth it hée may have this Action and not aver any special loss Croo. 1. 337. Coo. 4. 13. 14. Coo. 10. 130. Owens Rep. 32. Yet see Popham 187. If a Divine be to be presented to a Benefice and one say of him Hee For a Divine to hinder him of a Parsonage is a Heretick or a Bastard or Excommunicate if thereby the Patron refuse to present him and hée lose his Preferment this is actionoble Coo. 4. 16. 17. If one be Heir to his Father Brother or other Ancestour who intendeth For an heir to hinder him of Land to settle his Land upon him And another shall say of him Hee is a Bastard and thereupon the Father Brother or Ancestour give away the Land from him this is actionable Hughes Rep. 451. Bulstr 2. part 276. 277. Croo. 2. 213. And this Action some say it hath béen adjudged will lye albeit the party have no special losse by the words N. B. Entries 28. Trin. 25. Eliz. B. R. Godb. Rep. 519. Croo. 1. 337. Coo. 10. 130. Owens Rep. 32. If some say of a Lawyer that stands for a Town-Clerks place or any other For an Officer to hinder him of an office place of preferment Hee is an ignorant man and unfit for the place and thereby hée loseth this place this Action will lye March Rep. pl. 217. Sandersons Case 17. Car. B. R. And so by the like reason if any common servant be like to have a service and For a Servant to hinder him of a service by some slanderous spéeches hée loseth it Agreed M. 15. Car. B. R. So it lyeth for this Hee is not worthy to bear office in such a place for he keeps a Baudy-house in London if by this hée lose the place he stands for Bulstr 1. part 138. It is said that this Action will not lye for saying of another hee is base born And yet that perhaps it may lye for saying of another Hee is an Alien if he have any special damage by it Godb. Rep 327. 328. This Action will lye for saying of a Maid or a Widdow that hath a Hindrance of Marriage Suitor I know her well enough shee did dwell in Cheapside a Grocer did get her with childe
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
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
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
Action lyes for saying that a woman Inholder had a great infectious disease by which shée lost her Guests Infectious disease Banisters Case 25. Eliz. And it was resolved that an Action lyes for saying of the Son and Heir Hee is a Bastard for it tends to his dis-inheritance But if the Defendant too be right Heir and the other a Bastard then it is not actionable Coo. 4. 16. Case 12. James and Rutlech The Action was brought for these words Hang Incertainty 1. Of persons 2. Of things Pox. him hee is full of the Pox Innuendo the French-Pox In this Case it was resolved that two things are requisite in this Action 1. That the person scandalized be certain 2. That the scandal be apparent by the words themselves and therefore if one say One of the Servants of J. S. is a notorious Theef or Traitor if hée have more servants than one no Action will lye upon this So I know one that is neer to J. S. is a notorious Theef c. But if two speak of B. and one of them say Hee is a notorious Theef an Action may lye for this and B. may reduce it to a certainty by Innuendo Innuendo predict B. for the office of an Innuendo is for to design the person that was named before in certain and in effect is instead of predict But this will not make that certain which was incertain before and subject to a deceiveable conjecture But if one say to B. Thou art a Traitor an Action lyes for constat de persona So here where two speak of the Plaintiff and one as the Case is saith Hang him c. there the Innuendo will denote the person but it cannot extend to make the intent to be the French-pox by imagination which is not apparent by the precedent words and the words shall bee taken in mitiori sensu Coo. 4. 17. Barhams Case Coo. 4. 20. is to the same purpose which Case is also reported by Yelverton 21. Case 13. Oxford and his wife against Crosse The Plaintiff brought an Action in London for calling the wife of the Plaintiff Whore The Defendant removed it out of London by habeas corpus A procedendo was prayed because Whore in London the Action was maintainable in London though not at Common Law But it was denyed by the Court for such a Custome to maintain brabling words is against Law Coo. 4. 18. Case 14. Bittridge Case B. R. Mich. 44. 45. Eliz. An Action was brought for these words M. B. is a Perjured old Knave and that appears by a Stake Perjury Adjective words Incertain words parting the Land of c. In this Case it was resolved that Adjective words are Actionable in Cases where they import any act committed or Slander of a man in his profession and here it appears by the rest of the words that they were not meant of Perjury before a Iudge c. 2. The discourse was vain c. And there it was said that upon all the words together no Action would lye but in Yelvertons Rep. 12. there is the same Case under the names of Bretchley and Atkins and the Iudges are said to bee divided in it and no resolution is said to bee given in it and in page 34. reported under other names to bee adjudged not Actionable And in the Case of Palmer and Crofts it was resolved that the suit for Scandals in the spiritual Court must have three incidents 1. It must Spiritual slanders concern matters spiritual 2. And matters spiritual only 3. It must not demand damages Coo. 4. 20. Case 15. Havely and Sidnham Mich. 14. 15. Eliz B. R. The Action was brought for these words Mr. H. is infected of the Robbery and Murder lately Infected of a Murder committed and doth smell of the Murder Innuendo predict felon et murdre in forma predict commiss which was before alleadged to bee done And it was adjudged to lye especially for the word Infected Dyer 317. Case 16. It hath been adjudged to lye for this Hee was in the Gaol at Norwich for Robbing one by the High-way Albeit hee did not aver that hee was not Charge of theft Indirect words Averment in the Gaol but it is most safe for the Plaintiff to say hee was not in the Gaol and albeit no Robbery were in the Case So for saying Hee was in the Tower for High-Treason So for saying Hee hath Robbed J. S. albeit J. S. were never Robbed Sprat and Haines Mich. 9. Jac. B. R. Case 17. It hath béen adjudged to lye for this said to a Son in Law of his Father in Law A. B. told mee that hee was accessary of Stealing Tucks Sheep and that hee was as very a Theef as any in Launson Gaol and hee averred Slander by Report about theft Averment that A. B. did never tell him so and that Tucks Shéep were stoln and that there were certain Felons in Launson Gaol and that if A. B. did not speak the words or did not speak all the words that are Actionable this Action will lye against the Defendant Mich. 9. Jac. B. R. Case 18. It hath been adjudged to lye for this of A. B. Hee was Perjured Jacob and Sugate Perjury Case 19. It hath been adjudged to lye for this said of a Shoo-maker that lives by buying and selling Thou art a Bankrupt and I will drive thee out of Bankerupt the Country for a Bankrupt Day and Chandler Mich. 9. Jac. B. R. Case 20. It hath béen adjudged as it is said not to lye for this She is a Whore Charge of Incontinency Spiritual Reads Whore and shee was ridden up stairs and down stairs M. 9. B. R. Case 21. It hath béen adjudged to lye for this said to J. S. Go and tell A. B. hee Charge indirect is a Theef and I will justifie it Albeit J. S. do never tell A. B. so Mich. 9. Jac. Fox and Bell. B. R. Case 22. It hath béen adjudged to lye for this said to Covell I did tell Mr. Carus Charge indirect that I am neither Traitor to my Prince nor Rebel to my Country as J. S. is Albeit the Defendant did never say the words to Mr. Carus but only to Covell and albeit hée had spoken them so secretly to Covell that By a Letter sealed sent to the party no other person heard them And there it was said that one was punished in the Starre Chamber for sending a scandalous Letter sealed and sent to the party slandered albeit it was never published nor known to any other but himself Mich. 9. Jac. Case 23. It was adjudged to lye for these words spoken by a woman that had a Charge of Theft Husband Thou dost not live honestly for thou hast stoln my two Cocks albeit they were her Husbands and not her Cocks Mich. 9. Jac. Case 24. It hath béen adjudged to lye for this Hee came to my Wife and took Charge
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
all the Court held that the Action will lye for hic ille make a demonstration what person hée intended and it is also alledged that hée spake de querente those words c. The words also quod palam publice promulgavit imply quod fuit in praesentia auditu c. for it is not palam unlesse it be in praesentia auditu aliorum wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 861. Case 68. Action for words and declares that the Defendant spake these words in Charge of Murder in Welsh words Welch reciting them particularly signifying haec anglicana verba thou hast murdered my Wife after verdict and Iudgement for the Plaintiff errour was brought and assigned in hoc that it is not averred that the words were spoken in the company of Welsh-men or of such who understood the Welsh tongue but it is alledged that they were spoken in presentia auditu quam plurimorum subdictorum Dominae Reginae and the Action was brought in the County of Monmouth which was once parcel of Wales but was now an English County and all the Iustices and Barons held that for this cause it was erronious for it shall not be intended that any there understood the said tongue unlesse it had béen shewn and then it was not any slander no more than if one spake slanderous words in French or Italian an Action lyes not unlesse it be averred that some there present understood those languages as it was held in the Case betwéen Johns and Daux Mich. 38. 39. Eliz. in B. Reginae but because the damages were found to fifty pound and if the Plaintiff should begin de novo hée might not have peradventure so great damages they moved him to accept of ten pound and to make an end without further procéedings and so it was done and no judgement entred Croo. 1 part last publisht fol. 865. Case 69. Cut-purse Charge to receive stoln goods Action for these words spoken of the Plaintiff His Boy Innuendo one Ambrose Latham the Plaintiffs Wives Son hath cut my purse and hee knowing it hath received it it was moved that an Action lay not for these words but adjudged that it was maintainable Croo. 1. part last publisht fol. 877. Case 70. Action for these words Thou art a Rebel it was demurred upon Declaration and without Argument adjudged for the Defendant that the words Rebel be not actionable Croo. 1. part last publisht fol. 878. Case 71. Action for these words Thou art a pocky Knave get thee home to thy pocky Wife her Nose is eaten with the Pox it was moved after verdict Charge of an infectious discase that the words were not actionable for it shall not be intended by them that hée is infected with the French-Pox and otherwise the Action lyes not but all the Court held the Action was maintainable for the word cannot be otherwise intendible but that hée hath the French-disease for it is conceived hée is accused to have the same disease which his Wife hath and that the words purport that hée hath the French-disease by saying that his Wives Nose is eaten with them wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 878. Case 72. Action for these words Thou hast cut my purse therefore I charge thee Charge of Felony Cut-purse with Felony after verdict it was adjudged that the Action lay not for to say thou hast cut a purse without saying feloniously it appears not that hée had committed any Felony wherefore not actionable Croo. 1. part last publisht fol. 890. Case 73. Action upon the Case for these words used of the Plaintiff by the Defendant to one Street Go follow Suit against Willymote Innuendo the Plaintiff for stealing thy two Kine and hang him or I will hang thee Charge of Theft and on his further malice offered unto him if hee would exhibite a Bill of Indictment for stealing the Kine that he would procure him the value of two Kine and that hee exhibited a Bill against the Plaintiff c. after verdict for the Plaintiff upon not guilty pleaded it was moved that the Action was not maintainable But Fenner and Yelverton being only in the Court held that the Action was well brought for the bidding him follow sute against him for stealing thy Kine and hang him imports as much as that hee had feloniously stoln them otherwise hee could not hang him wherefore it was adjudged for the Plaintiff Croo. 1 part last publisht fol. 904. Case 73. Action for these words thou art a forsworn Knave and that I will prove Charge of Perjury for thou wast forsworn in the hundred Court Innuendo Stiverton hundred Court after verdict for the Plaintiff it was moved that the Action lay not for it doth not appear that it was a Court of Record nor any Court whereof the Iustice should here take any cognisance and of that opinion was the whole Court Croo. 1. part last publisht fol. 905. Case 74. Action for these words to J. S. the Plaintiffs servant thou hast a Traitor Traytor to thy Master Innuendo the Plaintiff adjudged that the Action lay it being moved after verdict in arrest of Iudgement Croo. 1. part last publisht fol. 906. Case 75. Trin. 11. Jac. B. R. Mathew versus Crasse In an Action of the Case for these words Thou art a Whore-master for thou hast layen with Browns wife and hadst to doe with her against a chair and set forth that by reason thereof Charge of Incontinency Spiritual Slanders hée lost his marriage c. ad damnum c. And it was objected that the words are not tryable here but examinable in the Ecclesiastical Court and therefore not actionable But it was answered and agréed by the Iudges that the Temporal loss makes it actionable as in the Case of a woman as where one is callad Bastard alone this is determinable by the Hee is a Bastard Ordinary but if he add further to entitle himself to be heir or shews some possibility of being heir this may make the words actionable Bulst 2. part 90. Case 76. Brian Nelson versus Staffe Pasche 15. Jac. B. R. An Action was brought in Slander of a Title Hindrance of preferment Bastard Co. Banco that whereas Thomas Nelson was and yet is seised of Land in fée to the value of one hundred pound a year and married to Elizabeth and had issue betwéen them the Plaintiff And whereas there was communication betwéen the Plaintiff and Mary Cividal concerning a marriage betwéen them and hee was offered with her six hundred pound that the Defendant of purpose to scandalize him and to hinder him of his said marriage speaking of the Plaintiff with J. S. said these words of the Plaintiff hath that Bastard Brian Nelson caused you to bee arrested is that all the spight the Bastard can do you By reason of which words he lost his
marriage c. Vpon not guilty it was found for the Plaintiff and damages given and a Writ of error brought and a Iudgement given for the Plaintiff and so the first Iudgement was affirmed and agréed that the words were spoken affirmatively and not by way of Interrogation and that the Action was given for the stain of his blood and his special damage And that a man may perhaps have this Action albeit he have no Land at all Croo. 2. 422. Case 77. Trin. 15. Jac. B. R. Sr. John Tasburge versus Day This Action was brought for this that whereas hee was a Iustice of Peace c. and that hee upon the seventh of March and long before seized in Fée of the Advowson Slander of a Title Of an Officer of Sandcroft in the County of S. and intended to sell it towards the paiment of his debts and the Defendant knowing of it and intending to Slander him in his Religion c. and to Slander his Title to the Advowson and hinder the sale thereof the same day having spéech with divers persons about his Title to the Advowson and about his Religion spake these words True it is that Sir John Tasburge was the true and undoubted Patron of Sandcroft but now hee hath lost that Patronage and presentation by being a Simonist and a Recusant both which I will prove him to bee By reason whereof hee was hindred in the sale of his Advowson And upon not guilty pleaded and a verdict for the Plaintiff it was adjudged for the Defendant because it doth not appear hee was about the sale of it and so had any special damage by it and for the rest of the words they were held not Actionable Croo. 2. 484. Case 78. Pasche 13. Car. B. R. Humfreys and Studfields Case In this Action for Hindrance of preferment words the Plaintiff declared that hee was heir apparent to his Father and also to his younger Brother who had purchased lands but had no Issue either male or female and that the Defendant with an intent to bring him in disgrace with his Father and also with his younger Brother and thereby to make the Father and younger Brother to give away their Lands from the Plaintiff did maliciously speak these words of him Thou art a Bastard which were spoken before the Father and the Brother Hee is a Bastard by reason of the speaking of which words the Father and younger Brother did intend and afterwards did give their Lands from the Plaintiff and by the opinion of the whole Court it was adjudged that the words were Actionable and Iudgement entred accordingly Godb. Rep. 451. Case 89. Pasche 15. Jac. B R. Cooper versus Smith This Action was brought for this viz. waterman and thou Innuendo the Plaintiff hast killed Charge of Murder thy Masters Cook Innuendo c. and I will bring thee in question for thy life And after Verdict for the Plaintiff and motion to arrest the Iudgment for the Incertainty of the words for that it did not appear who was his Master or that his Master had a Cook it was adjudged for the Plaintiff Incertainty Innuendo and said that albeit the Innuendo cannot make a thing incertain certain but shall serve only as a predict yet the words import that hee had a Master and that his Master had a Cook c. And another Action was brought for these words viz. thou hast sacrificed thy Childe to the Devil and adjudged that the words were Actionable Charge of Murder Pophams Rep. 128. Bridgmans Rep. 60. Case 80. Mich. 44. 45. Eliz. B. R. An Action was brought for this Thy Father By Report Averment said thou hast murdred thy husband Innuendo such a man by name jam defunct and averred ubi re vera her Father spake no such words And Verdict for the Plaintiff upon not guilty pleaded and it was moved in arrest of Iudgement because it was not averred that the husband was dead at the time of the words spoken and divers Cases cyted to the purpose Yelvertons Rep. 20 21. Case 81. Mich. 23. Car. B. R. Person and Dawson An Action was brought for Charge of Theft this your Son Innuendo your Son William stole a Horse and sold him for ten pound and a verdict for the Plaintiff upon a not guilty and after many motions to arrest the Iudgement it was given for the Plaintiff Stiles Rep. 46. Case 82. Pasche 33 Eliz. B. R. Buckley versus Wood. The Plaintiff in this Action Slander in a course of Justice declared that whereas the Defendant did exhibit a Bill against him in the Star-Chamber 30. Eliz. containing inter alia that hee was a nozeler of Théeves Murderers and Pirates c. and recited a great part of the Bill that afterwards the Defendant at P. in the County of Salop. 7 Maij. 31. Eliz. Said hee would justifie his Bill to bee true in every part c. The Defendant pleads that the seventh of May at Wellminster in the County of Middlesex he was demanded of the Lord Chancelour if his Bill were true and he said it was true in all points Absque hoc quod dixit predicta Pleading verba before or after the said day Aliter vel alio modo And upon this the Plaintiff did demur in this Case albeit it was objected For the first thing that it was in a course of Iustice and that his words after were justifiable and that the declaration containing this that he had exhibited his Bill inter alia was not good but that he ought to recite the whole Bill yet it was adjudged for the Plaintiff for that they were matters not examinable in that Court and especially because hée had spoken of them after in the Country Croo. 1. part last publisht 230. 247. Case 83. Action for these words Coles hath strained a Mare Innuendo carnaliter Strained a Mare cognovit equam the Iury found that the Defendant spoke the words C. hath strained a Mare meaning that carnaliter cognovit c. And upon these words the Plaintiff had Iudgement although it was alledged that the words in themselves had no sense And the Innuendo will not help the Innuendo matter but only denote the person but because the verdict was found prerisely that this was his meaning and it is a phrase of the Country it was adjudged for the Plaintiff Croo. 1. part last publisht fol. 250. Case 84. Mich. 33. 34. Eliz. B. R. Cole vers Havilland This Action was A. hath strained a Mare brought for these words Coles hath strained a Mare Innuendo Carnaliter cognovit equam and upon issue joyned c. the Iury found the words and the meaning thereof to be as was declared and Iudgement was given for the Plaintiff Croo. 1. part last publisht 250. Case 85. The Bishop of Norwich against Pricket Action de scandalis magnatum Scandalum Magnatum brought for these words viz.
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
Plaintiff declared Slander of a title to Land That his Brother dyed seized of Land in Fée and dyed seized thereof without issue and the Land descended to him as Heir and that he had a purpose to settle part of it upon his Son and to make Leases of part of it and that the Defendant to frustrate his intent used these words The Plaintiff hath no more right to the Land than a stranger It was adjudged against the Plaintiff because he did not shew any cause of losse that he was about to make a Lease or assurance of it to his Son but that he had an intent only Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Case 167. Trin. 18 Jac. B. R. Action for these words the Plaintiff alledged That 1. April 17 Jac. hée was a Merchant and the said 1. April 17 Jac. the Defendant spake these words of the Plaintiff Hee is a Bankrupt Bankrupt slave the Defendant justifies because 1 April 17 Jac. the Plaintiff became bankrupt but adjudged the words actionable and the Defendants Bar insufficient because he doth not alledge he continueth still a bankrupt for it may be he afterwards recovered himself and became a good Merchant judgement for the Plaintiff Usher and Bretts Case Croo. 2. 578. Case 168. Trin. 22 Jac. in C. B. Action for these words Thou art as arrant a Indirect words Theft thief as is any in England for thou hast broken up I. S. his chest and taken away forty pound After verdict and motion to arrest the Iudgement it was adjudged the first words without any Averment will not maintaine an Action and the last words doe not prove any Felony committed and the money may be taken away and the Chest broken open upon pretence of Tithe and in mid-day in the presence of divers and then it is no felony Iudgement was for the Defendant and there this Case was put by Hobbard Thou art a thief for thou hast stoln away my corn not actionable but if he say For thou hast stoln my corn contra Foster and Brownings Case Croo. 2. 687. Case 169. The Plaintiff being an Attorney in B. R. for one Ecombridge prosecuted for him a Latitat against Lord which he delivered to the Sheriff Slander of a Lawyer upon which Lord was arrested The Defendant having spéeches with Ecombridge concerning the Plaintiff and his honesty as an Attorney and concerning the said Latitat ex malitia praecogitata said these words of the Plaintiff Go tell your Lawyer Roberts that I say hee is a base Rascal and I will make him lose his ears and I will teach him or any Lawyer of them all to have a Writ served on mee Vpon not guilty it was found for the Plaintiff And upon debate between the Iudges it was resolved that the words were actionable Trin. 3. Car. 1. Rott 1170. in B. R. Roberts and Lords Case Ley. 70. Case 170. Action for words The Plaintiff declared that one named Carolus being Charge of Perjury Incertainty of good fame and name the Defendant said â—e prefato Carolâ— Where is this Baker Innuendo Caroius Baker hee hath taken a false oath and I could make him look through the Pillory It was moved that the Innuendo Innuendo will not make it good there being no Baker spoken of before But the opinion of the Court was The Declaration was good And if one say of a Counsellour Where is this Counsellour Innuendo such a one it is good Adjudged for the Plaintiff Trin. 13. Jac. in B. R. Bakers Case Bulstrod 3. part 72. Case 171. Action brought for these words Sir Herbert Crofts keepeth men to rob mee the truth was that the Defendant was robbed by two of Sir Herbert Hee keepeth men to rob mee Crofts men and upon this the Defendant spake the words But the Defendant doth not say That hée did kéep them so to do It was agréed by Cook Chief Iustice and all the Court that the Action would not lye for those words for that there is done and it is to be intended his kéeping of them to be lawfull and the words to rob mee this is but an intent and Inclination and purpose no Act and an intent without an act is not punishable and Hill 39. Eliz. in C. B. Snag and Gee's Case was vouched by Cook where the words were Thou hast killed my Wife and it appeared the Wife was then living Adjudged the words not actionable in the principal Case it being found for the Plaintiff the Iudgement was arrested because the words were not actionable Pasche 14. Jac. B. R. Sir Herbert Crofts and Browns Case Bulstr 3. part 161. Case 172. In an Action upon the Case for words it was found for the Plaintiff Charge of Theft It was laid in the Declaration cum quidam malifactores ignoti had feloniously shorn the shéep of J. S. upon a Communication had betwéen the Defendant and another touching the shearing of these shéep the Defendant spake these words I do know who did shear the sheep predict J. S. Innuendo General and incertain words the other desired of her who this was shee answered It was the Plaintiff and M. that did shear them Innuendo Felonice it was upon Innuendo motion for stay of Iudgement adjudged that the words were not actionable and that the general words shall not be restrained to particular and the Innuendo will not help it And in the Declaration it is laid there was Communication betwixt the Defendant and another concerning the shearing of the shéep but not concerning the Felony And it is not said that shée did know who did shear the shéep feloniously but who did shear them generally and the scandal grows out of an inference only which ought not to be to make words actionable but the words themselves ought to be directly scandalous Iudgement was arrested Mich. 13. Jac. B. R. Helly and Henders Case Balstr 3. part 83. Case 173. Hill 9. Jac. Rott 832. B. R. Action for these words Thou art a Bankerupt Bankerupt Rogue Knave Theef Rogue and accounted a common Knave and thou art a Theef and hast stoln my Corn. Adjudged the first words were not actionable but the second were but because the Iudgement was intire and the damages intire the Iudgement was reversed upon a Writ of Errour Damages entire brought Lloyd and Pearses Case Croo. 2. part 424. Case 174. In an Action upon the Case for words it was found upon not guilty for the Plaintiff The words spoken by the Defendant to the Plaintiff Charge of Forgery were these viz. Thou hast forged Writings for which thou shouldest lose thy ears It was laid in the Declaration that the Plaintiff was a Practitioner Solicitor and Steward of a Mannor The Court was divided in opinion For Mountague Chief Iustice and Crook were of opinion that the words were actionable for although the first words of Charge indirect themselves are not actionable yet
objected that the words were too general for shee might kill him by physick and it might not bee Felony Croo. 2. 306. Words general Case 214. Foxcrost brought an Action of the Case against Lacy and declared that Charge of Murder whereas Lacy and four others were Defendants in a suit concerning Conspiracies c. and that communication was moved betwéen John Walter and Richard Gwyn Esquires concerning the said suit that the said Defendant Lacy upon the said communication in their presence spake these words These Defendants meaning the Plaintiff and the other six are those that helped to Murther Henry Farrer meaning one Henry deceased who was murthered by one Thomas Gulfield who was hanged for it to the plaintiffs damage c. The defendant denyeth the words and found for the Incertainty in the person slandered plaintiff and Iudgement given error was assigned generally that the Iudgement should have béen contrary but Iudgement was affirmed for it was holden that it was sufficiently laid to entitle every one of the defendants to a several Action as if they had béen especially named Hobarts Rep. 119. Case 215. In the Exchequer an Action of the Case was brought by K. D. against Slander in another tongue Welsh W. T. for calling him Idoner in the Welsh tongue and did not aver what the word did import and yet Iudgement was given for the plaintiff and the Court took Information by Welshmen what the word meant in English And the like Iudgement in the Common-pleas and upon the like form of Declaration were found in search in the Common-pleas betwéen William Verch Howel against Evan George for a Slander in Welsh words Trin. 43. Eliz. rot 3024. and another Pasche 44. Eliz. Rot. 8034. And at this time Serjeant John Moore informed the Court that Iudgement had béen given in the Kings-Bench 6. Jac. in the Case of one Tuch Healer of Felons Averment upon these words thou art a healer of Felons without any averment how the words were taken because the Court was informed and took knowledge that in some Countries it was taken for a smotherer of Felons Hobb 155. Case 216. James Steward brought an Action of the Case against Bishop for saying Charge of Theft Indirect words of charge of him Innuendo c. is in Warwick Gaol for stealing of a Mare and other Beasts and after a verdict for the plaintiff upon divers motions in Arrest of Iudgement the whole Court gave opinion Seriatim that the words would not bear Action for they do not affirm directly that hee did steal the Beasts as if hee had said that hee stole them and was in Gaol for it but they do only make Report of his Imprisonment and the supposed reason of it and it may very well bee that the Warrant or Mittimus was for stealing expresly as is the common form of making of the Kalender of the Prisoners for the Iustices of Assize and the like Hob. 196. Case 217. Mich. 6 Jac. B. R. Frank. versus Alsop in the Exchequer Chamber upon a Writ of Error after a judgement given in the Kings Bench for these words I will prove thee a thief and a plotter of theevery and I I will prove thee a Thief will prove it by thine own Son or I will send him to the Devil And it was adjudged that the words were not actionable and therefore the former judgement was reversed Croo. 214. Case 218. Hill 5 Jac. B. R. Smith versus Turner for these words Thou art no true Subject to the King and that I will prove upon not guilty pleaded Treason and a verdict found for the Plaintiff upon motion for arrest of judgement it was adjudged against the Plaintiff and that the words were not actionable for they were too general and incertaine Croo. 2. 202. and Yelverton 104. Case 219. Mich. 5 Jac. B. R. Sir Tho. Holts Case for these words Sir Tho. Holt struck his Cook on the head with a Cleaver and cleaved his head the one part lay on the one shoulder and another part on the other upon not Charge of Murder guilty pleaded and a verdict for the Plaintiff but moved in arrest of judgement and adjudged by the Court that the words were not actionable because it was not averred that the Cook was killed but Argumentative for notwithstanding the wounding the Party may be yet alive and Incertainty in the words the slander that is actionable must be direct against which there may not be any intendment Croo. 2. 184. Case 220. Mildmay brought an Action of the Case against Standish for saying The Land was lawfully assured to John Talbot for one thousand six Slander of a title to Land hundred years and that he was thereof lawfully possessed whereas in truth some such estate was made but the same was not legally made nor was John Talbot thereby legally interessed in the Tearm for it was true that he had a limitation of such an estate by a Will which was the reason why he spake the words yet because hee took upon him the knowledge of the Law and did meddle with a matter did not concern him judgement was given for the Plaintiff Mildmay versus Standish Coo. 175. Case 221. Hill 4 Jac. B. R. Edwards Case for these words Thou art a Witch and Witch I will prove thee a VVitch And it was adjudged for the Plaintiff Croo. 2. 150. Case 222. Mich. 3 Car. B. R. Turners Case for these words Hee Predict quer Innuendo and one Allen are perjured Knaves upon not guilty pleaded Charge of Perjury it was found for the Plaintiff and it was adjudged for the Plaintiff albeit it were objected that Hee cannot refer to two persons and are perjured persons cannot be referred to one person but the Court held it well albeit it be false english for the sense appeareth and that it is not like to the Case where one saith that I. S. and I. D. is perjured or if one say to thee that one of you is perjured this is voyd for incertainty Croo. 2. 101 102. Case 223. Margaret Blisse who was in remainder after an estate in Tayl did Slander of a title to Land bring an Action on the Case against Edward Stafford for slandering her Title in affirming that A. had issue on B. who is alive and the Defendant pleaded not guilty and the Action adjudged by all But did abate for an exception to the Court Owens Rep. 37. Case 224. Hill 3. Jac. B. R. William Wisemans Case For these words that the Defendant said de praefato Querente existente fratri suo naturali My Brother praefat Querentem Innuendo is perjured Vpon not guilty Perjury pleaded and verdict for the Plaintiff it was after motion to arrest the Iudgement adjudged for the Plaintiff Although it were said that the words be incertain what Brother hée intended and it may be he had divers Incertainty in the person slandered Brethren and that the
Innuendo will not help for that actionable words must import in themselves precise slander without ambiguousnesse so that every one that hears them may intend of whom they be spoken For it was said that hée spake the words of the Plaintiff and the Iury found him guilty And this difference was taken where the words in themselves import apparent incertainty and when they may be ascertained by Intendment In the first Case no Averment will aid it But in the last Case by Averment an Averment and a Verdict it may be aided And therefore where the words be One of my Brothers is perjured this is so incertain that neither of them can bring an Action and if he be found guilty by Verdict it will not help But here it did not appear that hée had more Brothers than one and then it may be certain enough and here it is expressy averred to be spoken of him and the Iury hath found him guilty and therefore it is here certain enough And this Case was cited by the Court to be adjudged for the Plaintiff That murdrous Knave Stroughton lay in wait to murder mee And upon this one Thomas Stroughton brought the Action and said they were spoken of him And upon not guilty pleaded and a Verdict for the Plaintiff it was adjudged after divers motions to arrest the Iudgement for the Plaintiff Croo. 2. 108. Case 225. Sir Thomas Gresham versus Grindsley Thy Brother was a fool and was never born to do himself any good for that he could not hold his hand from ratifying and subscribing to his Fathers Will notwithstanding I have that to shew in my house that if his heir Elizabeth Gresham do not any such Act as hee hath done it shall bring her to inherit Titsley Sir Tho. upon this sues the Defendant And shews how his Father was seized Slander of a Title to Land of the Mannor of Titsley and of other Lands and by his will devised to A. his wife for life the Remainder in Tail to the Plaintiff and how the Father had issue William the eldest which had issue Elizabeth his Daughter and Heir and this Plaintiff the youngest Son and that A. is dead and the Plaintiff entred and the Defendant to slander his Title spake these words before and shewed further how hée had an intention to make a Ioynture to his Wife and to passe divers parcels of the Land devised to him to his younger children for their advancements and that hée was hindred in his intent by these words ad damnum a hundred pound and upon not guilty pleaded it was found for the Plaintiff and twenty pound damages But Iudgement was given for the Defendant 1 For that it doth not appear by any thing in the Declaration that the Plaintiff is damnified viz. that hée was about to sell it or has entred into any Bond to make a Ioynture to his wife which by reason of these words would not be accepted and there ought to be some special matter shewed in which damage may be apparent Coo. 4. 18. For upon such general words no special slander may be imposed As if a Lease for life be with a condition to re-enter and J. S. shall say That hee can shew that which will bring him in Reversion to the possession this is no slander of the Title for the very Lease it self by the Indenture by which the Land was devised will bring him to it either by the condition or by the determination of the estate 2 For that it doth appear by the Plaintiffs own shewing that Elizabeth is Heir at Common Law and that the Plaintiff himself had but an estate tail and upon the determination of it Elizabeth will have Titsley as general Heir and the Defendant doth not shew any time certain when Elizabeth shall have it but indefinitely and this shall be taken in meliori sensu Yelverton Rep. 88. Coo. lib. Entries 35. Case 226. Mich. 4. Jac. B. R. Earl of Northumberland versus Birches In an Slander of a Title to Land Action for the slander of a Title The Plaintiff declared that Henry Earl of Arundel was seized in Fée of the Mannor of D. and gave it to the plaintiff in tail and that the Defendant was a Customary Tenant for life of a messuage parcel of the said Mannor And the Plaintiff was in Communication with J. S. to make a Lease for years to him to make a Lease for years of the Land to him to begin after the estate of the Defendant for life was determined for which J. S. agréed to give him five hundred pound that the Defendant intending to hinder that bargain and slander his Title spake these words The late Earl of Arundel Lord of the Mannor of D. did make a Lease of my Tenement to one J. D. for sixty years to begin after my customary estate ended and the same is a good Lease Whereas the said Earl did not make such a Lease by reason whereof neither J. S. nor any other person would give him ten pound for the Lease The Defendant justified that Henry Earl of Arundel before the Gift made to the Plaintiff made such a Lease to J. S. for sixty years and that J. S. conveyed the Lease to him It was objected that the words import not any slander nor is it alledged when the Earl made the Lease But the opinion of the Court was that the words shall be taken in the worse sense according to his intent which hée spake when hée said it to be a good Lease And the words themselves imply that hée spake them to countenance the Title of a stranger which is not lawful and now hée cannot excuse himself by intituling of himself when at the first the words did not import as much and now hée cometh too late to justifie Croo. 2. 163. Case 227. M. 3. Car. B. R. Law and Harwoods Case In this Action for a slander of a Title The Plaintiff declared that hée was seized in Fée as a Coppy-holder Slander of a Title to Land of Land in D. within the Iurisdiction of the Defendants Court and that the Defendant said Hee had not any title to those Lands It was found for the Plaintiff And upon a Writ of Errour brought the Iudgement was reversed because the plaintiff did not shew that by occasion of the words hée had any prejudice as by any bargain of Inheritance or Lease of the Land And this Action is not maintainable without shewing a special prejudice Croo. 1. part last publisht 99. Case 228. M. 6. Jac. B. R. Vaughan versus Ellis M. 6. Jac. B. R. Errour of a Iudgement in the Exchequer-Chamber in an Action of the Case for words for saying Hee is a Bastard The Errour assigned was that the Action lyes not for these words without special cause shewn that hee was damnified by them as to alledge that hée was inheritable to some Lands and that by reason of those words hée is to have losse And here it
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
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
any special damage or that it be such a Bastard as is like to charge a Parish or the like Croo. 1. 315. Salter and Brown B. R. 11. Car. 1. Hill See before Case 277. Case 325. Action for this said of one that is the Son of a man rich in Lands and Goods and in hope of part of it Hee is a Bastard and it was held actionable For calling of one Bastard without averment of any special damage And a Iudgement affirmed in a Writ of Errour was cited in the Case Croo. 1. 337. Humfrevs and Averment Stanfield Pasche 13. Car. 1. B. R. And after Croo. 2. 213. in the Case of Vaughan and Ellis Mich. 6. Jac. B. R. in case only where one had but a possibility and hope for which hee was offered some considerable recompence and by this slander lost it the words were adjudged actionable and the Iudgement was affirmed in a Writ of Error See Croo. 2. 323. And see before Humfreys and Studfields Case Case 78. Case 326. Action for this brought by a Frée-man and Trades-man in London Charge of couxening on a Trades-man Thou art a Cheater and hast cheated my Husband of five hundred pound And it was held that the words being not spoken of his Trade are not actionable And it was adjudged for the Defendant Needler and Symnell Mich. 11. Car. 1. B. R. Croo. 1. 301. See Case 261. Case 327. Action for this brought by a Merchant That hee was a cheating Knave Charge of couzening upon a Merchant and had cheated his Father by returning twenty pound for wares c. And it was held the words were actionable and the Plaintiff had judgement Croo. 1. 398. Arundel and Mare Trin. 15. Car. 1. B. R. See Case 261. Case 328. In the Case of Pew and Jefferies B. R. Pasche 12. Car. 1. It was held Welsh Theef Welsh Jade Welsh Rogue Welsh Whore that this Action will lye for calling one Welsh Theef but not for calling of one Welsh Jade or Welsh Rogue or Welsh Whore Croo. 1. 329. Case 329. Errour of a Iudgement in the Common Bench for this Thou art forsworn in a Court of Record and that I will prove And Iudgement Charge of Perjury there given for the Defendant it was reversed the words held actionable and Iudgement given for the Plaintiff Banco Regis Ceely and Hoskins Mich. 14. Car. 1. B. R. Croo. 1. 366. Case 330. Action for this by an Attorney spoken about him in his office Hee is Slander of an Attorney Cheating a very base Rogue and a cheating Knave and doth maintain himself his wife and children by his cheating and it was adjudged for the Plaintiff in Co. B. but by a Writ of Errour brought into the Kings Bench and there it was affirmed Pasche 14. Car. 1. B. R. Croo. 1. 371. Case 331. Action for this Thou art a Rogue and a Rascal and hast killed thy wife quandam Elizabetham nuper uxorem le Plantife Innuendo upon Charge of murder not guilty it was found for the Plaintiff and moved in Arrest of Iudgement that the words were not actionable because it was not shewn that the wife was dead nor how shée was killed nor that shée was violently killed But it was held the words were actionable for where it is said nuper his wife it shall be intended shée is dead and thou hast killed her Averment shall be intended according to the vulgar acceptance And it was adjudged for the Plaintiff Wilner and Hoid Trin. 13. Car. 1. B. R. Croo. 1. 352. Case 332. Action for words whereas hée was a Deputy Clerk under a Register to an Archdeacon and received divers Fées by the Office and was to account Slander of an Officer for them that the Defendant speaking of him and his Office intending to deprire him of his place and to bring him in the displeasure of his Master said of him that Hee is a base couzening Knave hee is a Cheater and hath couzened his Master the said A. B. Innuendo It was adjudged for the Plaintiff and all the Court held the words actionable and that it shall be intended that they were spoken concerning his Office Reynolds Case Trin. 15. Car. 1. B. R. Croo. 1. 406. Case 333. Action for words that such a day in presentia auditu quamplurimorum subdictorum Domini Regis hee spake c. Thou art a Theef and hast stoln my corn After verdict and motion to arrest the judgement it was held by the Court 1 That the Declaration was good in presentia c. albeit it may bee Declaration some of them might not understand the language 2 Albeit it be said that hée spake the words of the Plaintiff Thou c. which must be to the Plaintiff yet it was good enough for being spoken to they are spoken of him first and it is all one 3 That it shall be intended reaped Corn. And therefore that the words were actionable and judgement was given for the Plaintiff Croo. 2. 39. Mich. 2. Jac. B. R. Kellur and Menasby Action for this Thou art a theevish Knave and hast stoln my wood Charge of Theft of wood After verdict for the Plaintiff upon not guilty and motion to arrest the judgement it was held by three Iudges the words were not actionable and adjudged against the Plaintiff for the Defendant Robbins and Hildredon Pasche 3. Jac. B. R. Croo. 2. 65. Action for this Thou hast stoln my wood It was demurred in Law Theft of wood whether the Action lay and adjudged without Argument for the Plaintiff Loe and Sanders Trin. 5. Jac. B. R. Croo. 2. 166. Action for this Thou art a Theef and hast stoln Master Saint George his Tree It was adjudged for the Plaintiff after verdict and motion to arrest the Iudgement Minors and Leeford Hill 3. Jac. B. R. Croo. 2. 114. Action for this Thou hast robbed the Church Innuendo the Church of Theft of Lead St. Alphage and thou hast stoln the Lead from the Church Innuendo the Church of St. Alphage aforesaid upon not guilty pleaded it was adiudged for the Plaintiff two Iudges being against the judgement Benson and Morley Pasche 5. Jac. B. R. Croo. 2. 153. Action for this Thou hast stoln my corn and carried it to Market Theft of Corn. and upon motion to arrest the judgement after a verdict because the words are not actionable the Court held it otherwise and it was adjudged for the Plaintiff Croo. 2. 442. Mich. 15. Jac. B. R. Turnor and Champion Action for this Thou hast stoln as much corn out of my fields as is worth nine shillings or ten shillings After a verdict the Court doubted and did not give judgement Ellis and Fitch Hill 15. Jac. B. R. Croo. 2. 457. See before Case 304. 305. and after Case 341. 346. Case 334. Action by a Iustice of Peace for this Kempe is a Basket Justice a partial Justice I will give
Incertainty in the person verdict for the Plaintiff it was moved in arrest of the Iudgement that it was not actionable for the incertainty of the person but it was adjudged for the Plaintiff for it is said he spake it of the Plaintiff and a man shall not be intended to have more Masters than one but agréed that if one say to I. S. Thy Son hath robbed me a Son cannot bring an Action but hée must aver he had no more Sons But if one say to a Son Thy Father or Averment to a Wife Thy Husband hath robbed me the Action will lye for the Father or Husband without any such averment Croo. 2. 443. Case 343. The Defendant was arrested by a Warrant upon a Latitat directed to Charge of Forgery the Sheriff of Midd. and the Defendant spake these words This is a counterfeit Warrant made by Mr. Stone Innuendo the Plaintiff had forged the Warrant and after verdict for the Plaintiff and motion to arrest the Iudgement that the words were not actionable it was adjudged otherwise and for the Plaintiff Stone and Smalcombe Mich. 20 Jac. B. R. Croo. 2. 648. Case 344. Action against two for this spoken by them Thou hast the Plate of I. S. and we will charge thee with that Felony After verdict for the Plaintiff it Words spoken by two was moved in arrest of Iudgement that the Action lyes not joyntly against them for the speaking of one is not the speaking of the other but they must be severally charged And it was thereupon adjudged for the Defendants Chamberlaine against White and Goodwin Mich. 20 Jac. B. R. Croo. 2. 647. Case 345. Action for this that whereas the Master of the Defendant Sir William Ayliffe was robbed of goods by persons unknown the Defendant said Thou Charge to maintain theeves art a Maintainer of Theeves to steal my Masters goods Innuendo the goods of the said Sir William Ayliffe who was robbed And albeit hée did not say that hée maintained them in the Felony or knew them to bee Théeves it was adjudged for the Plaintiff And this said to be adjudged actionable Thou maintainest Pirates who rob upon the Seas Bennet and Tabram Hill 19. Jac. B. R. Croo. 2. 629. See Case 289. Case 346. Action for this that the Defendant said of the Plaintiff Hee Innuendo the Plaintiff is a Theef for hee hath stoln corn from Mr. Key Charge of Theft quendam Richardum Key Innuendo And after verdict for the Plaintiff it was moved in arrest of judgement that it was not actionable for hée dath not shew that there was any talk about the Plaintiff and without this it cannot be applied to him and it shall be taken for standing corn yet the Plaintiff had judgement and that judgement affirmed in a Writ of Errour And there it was agreed by the Court not to lye for this Hee is a Theft of Wood. Theef for hee hath stoln my Trees or my Evidence or my Lead off my house and they held this actionable Hee is a Theef for hee hath stoln my Theft of Corn. corn and therefore that the Action here was maintainable And so to say Thou hast stoln my Wood and the Court held the Declaration good saying that the Defendant spake these words and the Iury having found it for the Plaintiff And a judgement was cited to be had before in the like case and affirmed by a Writ of Errour Smith and Ward Co. B. Mich. 21. Jac. Croo. 2. 673. See Case 333. Case 347. Action for this that the Defendants Wife spake of the Plaintiffs Wife Charge of Theft Adjective words Thou art a Theevish Rogue and a theevish Quean for thou hast stoln my Faggots Innuendo five Faggots of the said White and his Wives and upon not guilty pleaded and a verdict for the Plaintiff it was moved in arrest of Iudgement For the first words are adjectively spoken and a Charge to steal a Feme Coverts goods Feme Covert can have no goods yet the words were held actionable and it was adjudged for the Plaintiff Stampe and his Wife against White and his Wife Croo. 2. 600. And in Pasche 34. Eliz. B. R. Charnels Case Action was brought for these words said by a Wife My Turkies are stoln and J. S. hath stoln them And it was adjudged for the Plaintiff against the Husband and Wife Croo. 1. part last publisht 279. Case 348. Action for this Thou perjured Beast I will make thee to stand upon a Scaffold in the Starre-Chamber was adjudged actionable Benson and his Charge of Perjury wife against Hall and his wife Pasche 19. Jac. B. R. Croo. 2. 613. Case 349. Action for this That hee was a Theef and had stoln his Gold upon Charge of Theft not guilty and a verdict for the Plaintiff and motion to arrest the Iudgement for that hée saith hee was for it may be long since and that a general pardon hath since taken it away c. yet it was adjudged for the Plaintiff Boston and Tatum Mich. 19. Jac. B. R. Croo. 2. 622. Case 350. Action for this Thou wast in Launceston Gaol for coyning To which the Plaintiff said If I was there I answered it well enough yea Thou wast in Gaol for coyning said the Defendant you were burnt in the hand for it and it was held by the Court that the words were actionable Gainford and Tuke Trin. 17. Jac. B. R. Croo. 2. 536. See Case 346. before Case 351. Action for this said to a Fréeman and Scrivener in London Thou Rogue Conny-catching Rogue Couzening Rogue Cut-purse Rogue art a Rogue and a Conny-catching Rogue a couzening Rogue a cut-purse Rogue And after verdict for the Plaintiff upon motion to arrest the Iudgement it was adjudged against the Plaintiff that the words are not actionable Bets and Trevaman Trin. 17. Jac. B. R. Croo. 2. 536. Case 352. Action for this said of a Surveyor and Measurer of Land that makes Charge of an Officer his living by it in reference to his Trade Thou art a couzening and a shifting Knave and a cheating Knave It was adjudged for the Plaintiff Blunden and Eustace Mich. 16. Jac. B. R. Croo. 2. 504. Case 353. Action for this said of a Iustice of Peace and the Kings receiver of Charge of Couzenage in an Officer the Court of Wards Mr. Deceiver Innuendo the Plaintiff hath deceived the King and I have him in question for it Innuendo a supposed material thing by him against the Plaintiff and I doubt not to prove it and upon not guilty a verdict was found and judgement given for the Plaintiff in the Common Pleas and a Writ of Errour brought in the Kings Bench where the judgement was affirmed Sir Miles Fleetwood and Curse Hill 17. Jac. B. R. Croo. 2. 557. Case 354. In Hobb pl. 335. It is held by the Iudges that a Libel albeit the Libel Contents thereof be true yet it is not
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
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