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
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
his Mannor when hée is about and hath néed to sell it or the like Or which tend to a mans dis-inheritance as to say to an Heir to Land Hée is a Bastard or the like Or which tend any other way to the Bastardy infamy discredit or disgrace of a man or that may any way import any damage to a man All such words regularly are Actionable Coo. 4. 13 14. c. Coo. 10. 130. Dyer 26. 72. Styles Regist 6. Kitchin 172. Bulstr 1. Part. 40. This General Rule for the clearing of it doth admit of many Extensions and many Exceptions and Limitations which wée shall lay down in the Rules that follow The Rules of Extension may be these 1. That albeit some of the words spoken at the same time are and others Some words Actionable others not Sect. 2. of them are not Actionable yet an Action may lye for the Actionable words and the Action may be brought for them altogether Dyer 75. Plow 118. Trin. 8. Jac. B. R. Lukers Case Jenk Cent. 7. Case 70. Coo. 10. 131. Styles 112. 2. That many words though of themselves they be not Actionable yet Words aequivalent to Actionable words being equivalent to words that are Actionable may bear an Action for they may prima facie sound from the mouth of the speaker in the ears of the hearer as bad as any Actionable words Pasche 15. Car. 1. B. R. Agréed 3. That it matters not how the words if they be Actionable be published Which way soever published or divulged whether by writing or spéech for the Action is maintainable in both Cases So a man might have béen charged in this Action for a slander by a Bill in the Star-Chamber and so hée may be now by a malicious Indictment Coo. 4. 14 15. See in Huttons Rep. 10. In Owens Rep. 30. 4. That it is all one as to the maintainance of the Action if the words Spoken to or of a man all one be spoken or written to the person slandered before his face or of him behinde his back Old Book of Entries Coo 4. 14. 15. and Hob. P. 292. 5. That it is not material whether the words be spoken in the second person Spoken in the second or third person all one Theft to the party slandered himself as thus Thou art or you are a Théef or in the third person behinde his back thus J. S. is a Théef for the Action is alike maintainable in both Cases Coo. 4. 14 15 16. 6. Nor is it material in what language the words are written or spoken Words written or spoken in another Language whether in Latine or Welch or in the Native Language they be scandalous in all if they be spoken so as the hearers do or may attain to understand the meaning of them And yet if the words in their Native Language be such as are not Actionable no Action will lye for them And if in another Language in the hearing of them that do not understand them it séems they are not Actionable And yet if one speak words in another language that are Actionable and hée English them himself by words that are not Actionable it is said the words shall not bear Action Croo. 1. Part last publisht 496 497 865. 15. Car. 1. B. R. in Hetleys Rep. 175. In Huttons Rep. 8. in Hobb Pl. 155 351 236. Sée in Marches Rep. Bendlows Rep. 134. Styles Rep. 263. Yet sée Brownl Rep. 6. Hobb 126 291. 7. Nor is it material how the words be uttered whether directly or indirectly Spoken after any manner of Speech Sect. 3. Theft and obliquely and whether by way of Affirmation as A. is a Théef or by way of Interrogation as where is the péece you stole from mée Hath that Bastard B. caused you to be arrested Hast thou béen at London to change the mony thou didst steal from mée or by way of Argumentation as I will prove J. S. to be a Théef Or by way of Negation when it doth imply an Affirmation as You are no Théef or by way of Irony as You are no Théef are you Or thus I have said that J. S. is a Théef and I Theft will justifie it and have told him so much to his face or the like For in all these Cases they are Actionable Pasch 15. Car. 1. Appletons Case B. R. Hill 4 Jac. B. R. Lady Morrisons Case Croo. 2. 275. Croo. 1. last part publisht 273. Sée in March Rep. fol. 7. pl. 18. and 58 pl. 19. And so in like Cases March 19. pl. 44 and 55. pl. 9. Goldsb 186 139. Croo. 2. 103 569 406 422. Coo. 12 134. 30. Ass 10. Jenk Cent. 8. Case Nelsons Case Croo. 2. 275. Hobb Rep pl. 276 289. 8. Nor is it material whether it be spoken as from the Speaker himself As from a mans self or from the Report of another or by hear-say or by Relation or by the Report of another if the other did not report it As when one saith J. S. said A. B. is a Théef if J. S. did not say so the words are Actionable if hée did say so hee may justifie the speaking of them But if hée report the words as to say one said A. B. is a Théef and not name the Author of the Report the words are dangerous and may be Actionable Croo. 1. part last publisht 400. M. 9. Jac. B. R. adjudged Croo. 2. 102 406 407. In March Rep. 8. Coo. 12 134. Jenkins Cent. 8. Case 7. Leonard Rep. 187. Croo. 2. 275 422. Yelvertons Rep. 21. Bulstrode Rep. 3. 225. 9. Nor is it material whether they be uttered by way of earnest or Spoken in earnest or in jest séemingly only in jest but with a mind appearing to be malicious and with a purpose to slander for the Action will lye in both Cases 10. Nor is it material whether the man that uttereth them be sober or Spoken by one sober or drunk drunk with Wine or Passion for the Action lieth alike in both Cases 11. Nor is it material whether the words be delivered in one or more Spoken at one or more times and in one or more sentences Sect. 4. sentences or spéeches or at one or more sentences or spéeches or atone times they may enure to the ag-or more times gravation of each other or if the words be all of them Actionable give several Actions Croo. 1. 238. Bulstrod 3. 283. Coo. 12. 134. 12. Nor is it material whether the Slander be raised and fixed by an extra-judicial way as by ordinary Talk or by a judicial way as by Indictment or the like for in both cases they may be Actionable Jenk Cent. 7. Case 64. Kelw. 13. Coo. 4. 26. Dyer 285. Leonard Rep. 187. 13. That this Action will lye for words though the words in a proper Taken improperly Theft spéech cannot be true as if a woman say to mée Thou hast stoln my goods for shée hath no goods but what is
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
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
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
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
Land or for words spoken against the man himself This Action is in some Cases for other things And so it is also either for not doing what the man ought to do or it is for doing of something a man should not do or it is for doing of something otherwise than hée should have done it This for the not doing of what a man ought to do is either upon his own undertaking to do it or it is upon the requiring of Law without any personal undertaking of his own The Action for Defamation is either for a Defamation by words where one speaketh any thing to the prejudice of the Life Estate or Name of another or for a Defamation by déed where one doth any thing that will vehemently imply an Accusation of some great Crime against another This also is either of great men called Scandalum Magnatum or it is of Scandalum Magnatum ordinary men The Action of the Case for déeds is either upon an Assumpsit or Promise or upon a Nusance upon a Trover and Conversion upon a Deceit upon a Conspiracy or it is upon some other Non-feasance or Mis-feasance Amongst Slanders and Defamations also some of them For Words and Acts of Slander tend to the disgrace of the person of another Some to the disgrace of the Title of his Land Those against the person also do some of them tend to the peril of his life some to the prejudice of a man in his Livelihood and Estate and some to his reproach in his Name only Coo. 4. 92 c. Dyer 8. 72. A Defamation may be also by déeds as by the doing of something against a man which will be Tant-amount or more than a Slander by words as to call a man in question and prosecute a man in a course of Justice for a supposed Crime whereof he is innocent bringing of an Action c. Bulst 3. Part. 272. Coo. 4. 14 15. If the Lord shall please to give time and strength wée may give you an account of the Law touching this subject in both the one after the other Some Defamations also may be said to be temporal or civil as to call one Traitor Murderer Théef Bankrupt and the like Some spiritual as to call one Adulterer Baud Whore Heretick and the like And as to those Slanders called Spiritual no Action will lye in a Civil Sect. 2. Court unless the party slandered have some special loss by them but the proper place for relief for these is in the Spiritual Court And there are other Slanders that may be said to be Civil or Temporal And for these the proper remedy is to be had in the Civil or Temporal Courts as for calling Traitor Théef Murderer Bankrupt and the like And yet in some cases hée may bring his Action at the Common Law for that which hée may also have his Remedy in the Ecclesiastical Court for the Common Law is to be preferred where they stand in equal degrée in respect of the matter to be tryed Mich. 23. Car. 1. B. R. Styles Register Wée might here have distinguished Slanders by Publick and Private Finches Law 185. 43. Aff. Pl. 381. Jenk Cent. 1. Case 93. or Personal For there is a Slander of the State as to report any thing about the Affairs thereof that is false and may be to the prejudice of it as that the Coin is abased the Wooll transported or the like And this is punishable upon Indictment by Fine and Imprisonment But wée shall not have to do with this at all But with private and personal Defamations which are either of eminent or common persons There are some Slanders by words that are Actionable albeit the party of whom the words are spoken have no special loss by them and such generally are all the Slanders that bring a man in question for his life as to call a man Traitor Murderer Théef or the like And some others for speaking of things that if they were true hée might be fined or imprisoned for them And there are other Slanders that are not Actionable but in case where the party slandered doth suffer some special loss by them As to call one Whore Bastard Whore Bastard or the like Croo. 1. 99 100. There are also some slanderous words that being spoken of any person whatsoever are Actionable as to call a man Traitor or Théef or the like Treason Theft And there are others that will not bear Action unless they be spoken of some certain men as Merchants Trades-men or the like as to call a man Bankrupt or the like Goldsb 126. 84. Croo. 1. 99 100. Wée shall begin with Actions about words the which wée shall dispatch in this péece and then shall speak to Actions about déeds And in our labour about words to open the Law herein wée shall first lay down some general Rules about all kind of Slanders and the Slanders of all kinds of men and then descend to particulars CHAP. II. Some general things of Actions of the Case for Words WEE shall first give you in sundry Rules and a few Cases the Sect. 1. general Doctrine of Actions of the Case touching Slanders And these like the veins in the body run through the body of all the Cases hereafter following wherein the words are or are not actionable as they fall within these Rules And then wée shall give you the Cases themselves as examples answering to these Rules The Rules are these 1. That all scandalous words which touch or concern a man in his life as to say hée is a Traitor Théef or the like or which touch him in his Liberty as heretofore to have said of one Hée was Villain to J. S. or which concern a man in member in any corporal punishment as to say A man hath stoln six-pence which is Petit Larceny or the like or which Theft scandal a man in his office or place of Trust as to say to a Iudge or Iustice of Peace Hée is a corrupt Iudge or Iustice of Peace or the like Or Corruption in an office Deceit in Trade which slander a man in his Calling or Trade by whith hée gets his living as to say to an Attorney You are a cheating Knave of a Trades-man that lives by buying and selling hée is a Bankrupt or the like or which tend to the losse of a mans preferment as to say to a man about to be preferred to a Benefice That hée is an Heretick or of a woman like to have a Husband Heretick Whore Infectious Disease that shée is a Whore or the like if by this means they lose their preferment or which charge a man to have any dangerous disease by reason whereof hée ought to separate himself or be separated by the Law from the society of men as to say a man hath the French-Pox or the Plague or the like or which tend to the slandering of a mans Title as to say Hée hath no Estate in