Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	estate_n	land_n	tenant_n	4,546	5	9.9060	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59706	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 of 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 than in times past : with an exact table annexed for the ready finding out of any thing therein / by W. Sheppard.	Sheppard, William, d. 1675?	1662 (1662)	Wing S3173A; ESTC R30143	259,716	226

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

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

the Matter and Quality of the Slander it self and herein we are to know what we have before touched upon That there are some Slanders that bring a man in danger of his life and there are other Slanders that doe not bring a man in danger of his life but they doe bring him in danger of some bodily harm and there are other Slanders that doe neither bring him in danger of his life nor of other bodily harm but they bring him in danger of some other damage and prejudice in his Name or Estate or in both Those that bring a man in danger of his life doe carry in them some charge either about matter of Treason or about some other Felony but herein we are to know that there are some general words that may refer to both or either of these and may bee Actionable words and therefore it is held That this Action will lye for saying of a man Hee is a Traitor a Murtherer a Thief a Robber a Church-robber Traitor Murtherer Thief Robber Church-robber Sacrileger House robber Buggerer Sodomite a Sacrileger a House-robber a Buggerer a Sodomite or the like 30 Ass 19 Dyer 19. 236. 27 H. 8. 14. 22. So for saying of a man He hath committed High Treason or Treason or Murder or Robbery or Burglary or Buggery or Sacriledge or the like Dyer 19. 75. 236. Plow 118. Jenk Cent. 7. Case 70. Croo. 116. 27 H. 8. 14. Coo. 10. 130. and 4. 15 16. 30 Ass 19. Croo. 2. 275. 424. Bulstr 2. 272 It séems to be agréed also that this Action will lye for saying of a man that He is a Felon or that he hath committed Felony Coo. 4. 17. Bulstr 1. Felon 148. Croo. 2. 312. And yet the contrary is affirmed by some by whom it is held that it will not lye for saying of a man He is a Felon or he hath committed a Felony unlesse he shew something wherein he is so or hath so done as that he stole a Horse or the like for that it is too general and incertain for every maihme is a kind of Felony But see for this Huttons Rep. 38 Bendloes Rep. 202. Coo. 4. 15. But this is agréed on all sides that these general words may bee so intermixt with other words of explication and qualification that they may not be Actionable at all as to say You are a Traytor for I trusted you to buy Land for me and you bought it for your self Or You are a Thief for you robbed me of one of my Sentences out of one of my Books or of my Apples out of my Orchard or You are a Murtherer for you killed forty Hares in one year or the like Huttons Rep. 69. 110. 113. Yelvertons Rep. 10. 155. Coo. 4. 13 14 16. But for the further opening of this sée what followeth in the next Section And as to the matter of the Slander it self and the thing charged upon 4 As to the matter of the Slander it self Sect. 9. Murder Robbery the slandered person take these following Cases referring to all kind of slanders This Action will lye for this Thou hast Sacrificed thy Childe to the Devil So for this He is infected of the Robbery lately committed and smells of it for the former but not for the latter words Dyer 317. Huttons Rep. 58. This Action will lye for this Waterman and thou Innuendo the Murder Plaintiffe hast killed thy Masters Cook Innuendo c. And I will bring thee in question for thy life And that without any Averment who was his Master or that he had a Cook for it is certaine enough without it Pophams Rep. 128. Bridgeman 60. Stiles Rep. 66. So for this Thou Theft art a Thief and hast robbed my Son without Averment that he had or hath a Son Noys Rep. 55. So for this Thou didst kill a Woman Murther great with Childe Innuend uxorem cujusdam R. C. defunct M. 2 Jac. B. R. This Action will lye for this Long is a Murtherer and hath bewitched my childe and was the death of my childe when a Verdict is found upon a not guilty for the Plaintiffe So for this VVhosoever is the falsest thief and the strongest in the County of S. whatsoever hee hath Felony by Theft Averment stoln or done A. B. is falser than hee so it bee applied by an Averment that such a Felon is in the County of S. but not otherwise So for this Thou art a Thief and hast stoln one Passions Lamb and marked and denied it albeit there be no Christian name to Passions for the first words are Actionable Huttons Rep. 109. It is said it will lye for this Thou Felony art a concealer of Felonies Bulstr 1. 148. It is said to lye for saying of an Attorny He was cooped for forging of Forgery VVrits 31 Eliz. in Nowels Case Huttons Rep. 58. It will not lye for this Hee hath cousened the Town of S. or hath Cousening made a false account But if he be an Officer of whom the words bée spoken it is more doubtful Bulstr 1 Part. 228 229. It seemes it will not lye for these words He is a base beggerly Rascal and hath cousened the Parliament a hundred times and deserves to ride on the Woodden Horse on Sandhil Stiles Rep. 422. Nor for these words Old Apthorp is a perjured Knave for he did swear that such wood Perjury was worth forty shillings whereas it was dear of a mark Bulstr 3. 150. This Action will not lye for saying Thou art a false Thief Rogue or Theft In the Disjunctive Declaration some such like thing Brooks Action of the Case 112. and therefore where the Declaration That the Defendant spake such words in certain Vel verba similia this is naught Nor will it lye for this Thou hast stoln my Mare or consentedst to the stealing of her Croo. 1. last publisht 780. But where it is said in the Declaration that the Defendant spake of a Cousening Merchant Thou art a cousening Knave and a Bankerupt Knave ac eadem verba aut alia iis similia sepius repetivit in this case it is good for Bankrupt the first words are certaine and Actionable 41 Eliz. Co. B March in Slanders 2 part 8. Golsb. Pl. 11. Hill 41. Eliz. Co. B. Nor will the Action lye for these words Thou hast stoln my Mare or Theft was consenting to it Noys Rep. 172. This Action will not lye for saying He hath killed J. S. where there Murder was never any such man known as I. S. Godb. 181. Pophams Rep. 188. Nor for saying to a Bayliff Thou dost serve false VVarrants and deceivest Deceit the people Sée it in Croo. 1. last publisht 192. Nor for this You make false Records and justifie them for true Nor for this Thou Innuendo art a Papist and not the Queens friend Nor for this Thou hast broken my shop and taken my goods and an Innuendo