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
Merchandized for Lead in the County of Derby and thereby hath acquired mony towards his livelihood the Defendant said of him Hee is a Bankrupt and is not able to pay his Debts but will run the Country it was found for the Plaintiff and moved in arrest of judgement by Serjeant Harvey that the Action lay not because that the Plaintiff shewed not that hee used it as his Trade nor that he gained his living by buying and selling also he is intituled Gentleman but the Court held that the Action would well lye and it had béen adjudged 14 Eliz. that a Tanner shall have an Action for such words Mich. 9 Jac. Huttons Rep. 46. Case 182. Hugh Meredith a Iustice of Peace in the County of Monmouth Charge of Robbery indirect Slander of a Justice of Peace I will indict him for c. brought an Action upon the Case against Bonill for these words I will have him hanged for robbing on the High-way and for taking from a man five pounds and an horse after verdict for the plaintiff it was moved in arrest of Iudgement that the words were not actionable for they are not Affirmative or Positive but a supposition only as if he had said I will indict him for such a matter it was vouched to be alledged 31 Eliz. in Nowels Case that to say of an Attorney That hee was Cooped for Attorney Cooped for forging Writs forging Writs maintained an Action and 14 Eliz. Hâ—e is infected of a Robbery and he smelleth of the Robbery adjudged actionable in Balls Case there is never a Purse cut in Northamptonshire but Ball hath a Words general and incertaine part of it will not bear action but the Court would not declare their opinion Quia sub spe concordiae Hill 10 Jac. Huttons Rep. 58. Case 183. Sir Robert Hitcham Serjeant at Law and to the King brought an Action upon the Case against one Brook a Iustice of the Peace and which had béen Sheriff of Suffolk and Count that hee for divers years last past had béen one of the Kings Serjeants and had demeaned himself well and loyally in the discharge of his duty and had gained good opinion and had acquired by his practise a good estate for the maintenance of him and his Family the Defendant said I doubt not but to prove that the Treason Plaintiff hath spoken Treason Innuendo Treason against the King verdict was found for the plaintiff and it was moved in arrest of judgement that these words are not actionable 1 Because no time is alledged when the plaintiff is supposed to speak Time of speaking the words when material Treason and it might be when he wâ—s an Infant or that it is pardoned to which it was answered by the Court First that these words ought to be alledged as they were spoken and that was indefinite Secondly the time is not material unlesse the Defendant make it material by his plea viz. when he was in giving evidence for the King against a Traytor and then he repeated such words or when that the plaintiff was frantick and of that he intended and so justifie there the time may come in question 2 The second Exception was that there is not any expresse affirmative Charge indirect and not affirmative to that it was answered by the Court That it was more than an Affirmative for he had as he said proof thereof and not a Report or heresay and if one say It is reported c. that will not bear Action unlesse hée justifie the Report by charging it upon him which was the Author of the Report 3 Also it was objected That the speaking of Treason was not Treason but it was holden clearly that it is as well as preaching or writing Et index animi sermo 4 Also it is not said what Treason and it may be High or petty Treasan To which it was answered that when he speaks generally of Treason it shall be intended according to the common intendment which is Treason against the King vide Sir William Mulgraves Case Coo. Lib. 4. And two Cases were vouched to bée adjudged in the Point one betwéen Johnson and Atwood 8 Eliz. Thou hast spoken Treason and I will hang thee for it adjudged actionable The other was betwéen Pewall and Vardoffe 9 Jac. Thou hast spoken Treason and I will prove it adjudged actionable And it was resolved by all that the Plaintiff should have his judgement Pasche 1 Car. 1. Huttons Rep. 75. Case 184. John Daws Plaintiff against William Palmer in an Action upon the Case and Count That whereas hee was a Fuller and had used the Trade of Fulling and thereby acquired his livelihood and was of good Bankrupt of a Trades-man A Fuller credit c. The Defendant said of him Trust him not for hee owes me a hundred pound and is not worth one Groat and at another day hée said He is a bankrupt Rogue and upon not guilty pleaded the Iurors found for the Plaintiff and gave entire damages and it was moved in arrest of judgement that the first words were not actionable and then Damages entire the Iury having given entire damages the Plaintiff should not have Iudgement for any part vide Osbornes Case Coo. lib. 10 but in this case after many debates it was resolved by the Court that the Plaintiff should have judgement for the first words are actionable at Common Law before the Statute Trust him not he is not worth one Groat Goe not to buy of I. S. a Merchant for he will deceive you Of an Words that hurt a man in his Trade or way of living Iune-kéeper Goe not to such an Inne for hee is so poor that you can have no good entertainment Of an Attorney Use him not for hee will couzen you all these words are actionable hee will bee a bankrupt within seven daies and for the other words That hee is a bankrupt Rogue that is resolved Co. lib. 4. to be actionable And it was a Case Pasch 10 Car. 1. in a Writ of Error brought in the Exchequer Chamber upon judgement given in the Kings Bench betwéen Dunkin and Laycroft for words spoken of a Merchant who had been at Hamborow in partibus transmarinis and there had used the Trade of a Merchant and Factor Thou Innuendo tthe Plaintiff camest Broken Merchant over from Hamborow a broken Merchant and adjudged actionable and so affirmed in the Exchequer Chamber and upon all these Authorities the Court gave judgement for the Plaintiffe pasch 10 Car. 1. Huttons Rep. 124 125. Case 185. One Widow Sower brought an Action of the Case against Burton for Old Witch Old Whore these words Thou old Witch thou old Whore leave off thy Witching or else thou shalt be hanged or burned if I can doe it and upon not guilty pleaded and verdict for the Plaintiff it was moved in arrest of judgement and it séemed to Lord Finch Hutton and Vernon that the Action lay not
292. Action for this Whereas hée was indicted arraigned and acquitted of Slander of a Justice of Peace such a Felony before the Iustices of the Peace of the County of Norfolk that the Defendant said of him If Mr. Hasset and one A. Iustice of Peace of the said County had done Justice Royal had been hanged for robbing me It was adjudged for the Plaintiff Royal and Peckham Mich. 42. Eliz. Com. B. Croo. 1. part last publisht 786. See here 278. and 334. Case 293. An Action was brought for this Thy Mistress is an arrant Whore and Charge of Incontinency would have layn with mee seven years since and I would not unless shee would go to the hedge And it was alledged that shée was in a communication with J. S. of marriage and thereby lost it and upon not guilty Spiritual pleaded and a verdict it was moved in arrest of the Iudgement for that the words were méerly spiritual and punishable in the spiritual Court And that an Action lyeth not for calling of one Whore or Heretick by our Law But they held if the words had béen spoken to him who was in communication Loss of Preferment to have married her so as it had appeared hée had done it purposely to hinder the marriage as in Anne Davis Case the Action is maintainable for the losse and in this Case it was adjudged against the Plaintiff Holwood and Hopkins Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. See Case 277. Case 294. Action for this Thou art forsworn in the Carpenters Hall and didst Charge of Perjury of couzening rob the Hall and deceive the Company of twenty pound And hée set forth that the Company was a Corporation and hée Master of the Company and had the goods and mony appertaining to it and sworn to render an account It was adjudged that it lay not for the first but it lay for the last words and that when any of the words are actionable the Plaintiff shall have Iudgement Thaxby and Smith Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. Case 295. Action for this Thou art a Bankerupt Knave a Vagabond and a Rogue It was held by the Court cleerly that it lyes not for Vagabond Bankerupt Knave Vagabond Rogue and Rogue And of Bankerupt Knave it is doubted Robbinson and Mellor Trin. 43. Co. B. Croo. 1. part last publisht 843. But afterward in the Case of Wolverston and Meres Mich. 44. Eliz. B. R. It was adjudged to lye for saying of a Merchant Hee is a Bankerupt Knave and affirmed in a Writ of Errour Croo. 1. part last publisht 911. And in Croo. 2. 345 Selby and Carrier Action was for this Hee is a Bankerupt Knave and upon not guilty a verdict and motion to arrest the Iudgement because the words were not actionable it was held being two Substantives they were actionable otherwise if it had been Bankeruptly Knave or Adjectively spoken And Iudgement was given for the Plaintiff And yet see Croo. 2. 585. Squire and Johns It is adjudged to lye for saying of such a one Hee is a Bankerupt Knave Action for this brought by one that was Sheriff of a County the last Slander of an Officer Words general and incertain year and that is Sheriff also this year for words spoken to his servant viz. Your Master must not look to have such hudling and shuffling up of matters this year as he had the last year It was adjudged that the words were not actionable Brown and Streete Mich. 43. Eliz. B. R. Croo. 1. part last publisht 848. Case 296. An Action was brought for words and the Plaintiff declared after Declaration Incertainty this manner that the Defendants Wife spake of the Wife of the Plaintiff Quaedam falsa scandalosa verba quorum tenor sequitur in haec verba Thou art an arrant Whore c. And the whole Court held the Declaration ill The words were Thou art an arrant Whore an old worm-eaten Jade and one of thy sides hath been eaten out with the Pox. And the Court held them actionable Croo. 1. part last publisht 857. See before Case 249. Case 297. Action for this said of an Attorney Hee is a paultry fellow his credit Slander of an Attorney doth begin to crack hee doth deal on both sides in Com. B. And Iudgement was given for the last words Hee doth deal on both sides And affirmed in a Writ of Errour in B. R. Mich. 45. Eliz. B. R. Croo. 1. part last publisht 914. Case 298. Action for this Thou art a lewd Fellow for thou hast drawn such a Caused one to be perjured one to Perjury upon a Writ of Errour after Iudgement for the Plaintiff it was held by all the Iudges that the words are actionable as to say Thou hast suborned a man to perjure himself Clerk and Penkeven Mich. 44. 45. Eliz. B. R. Croo. 1. part last publisht 899. Case 299. An Action was for this Hee was indicted for Felony at a Sessions held He was indicted of Felony Averment at _____ And did not averr that hée was not indicted and judgement was staid after a verdict for the Plaintiff for lack of Averment Also it was doubted whether the words be actionable or not for an Indictment is but a surmise Hobb Rep. pl. 289. Blands Case See here 283. Case 300. Action for this Thou didst steal a Sack The Defendant pleaded that a Sack was stoln and common fame was that the Plaintiff had Justification stoln it and upon this hée informed against him to a Iustice of Peace but before the Iustice he used these words to the Plaintiff Thou didst steal c. whereupon the Plaintiff demurred in Law And it seemes the Iustification is not good Scarlet and Stiles Hobb pl. 238. See Brownl Rep. f. 3. Case 301. A. sent a Letter closed and sealed to Sir Baptist Hicks which was so Libel delivered to his hands containing many despightful scandalous words delivered Ironice as saying you will not play the cheater nor the Hypocrite and in that sort taunting him for an Alms-house and certain good works that hée had done all which hée charged him to do for vain glory for which hée was punished in the Starre-Chamber But it séems no Action will lye for this Hobb Rep. 276. Hicks Case Case 302. Action for this I charge him Innuendo the Plaintiff with Felony I charge him with Felony for taking mony out of the pocket of Henry Stacy A verdict for the Plaintiff yet Iudgement was given against him and the words held not actionable for it is no direct charge and the latter words make them ambiguous and qualifie them Hobb Rep. pl. 381. Poland and Mason And yet see after Case 315. 339. that to say I charge thee with Felony is actionable Croo. 2. 312. Case 303. A prohibition was prayed by the Defendant because hée being of Counsel with the Defendant in an Action of the Case
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Sect. 6. for procuring him to bee indicted for the Ravishment of his Daughter and the Defendant her Father shewed that his Daughter complained of it to him and hee to the Iustice of Peace who bound the one to appear and the other to prosecute at the Gaol-delivery where hee preferred a Bill of Indictment and gave evidence c. And this was held a good plea and excuse without saying that there was a Rape But if the Plaintiff had set forth that there was no Rape and that the Defendant knew there was none haply the Action might have béen maintainable Croo. 2. 193. Coxe versus Wirral The like Case is Croo. 1. 130. Markams Case And the like in Bulstr 2. part 286. Case 2. 2 Doggatee vers Lawry B. R. Croo. 2. part 190. This general Action of the Case was brought against the Defendant for that hée did falsly and maliciously accuse the Plaintiff of a Felony and caused him to be brought before a Iustice of Peace and procured him to binde the Plaintiff to appear at the Gaol-delivery and there put in a Bill of Indictment against him which was found not true c. The Defendant pleaded that hee had Shéep stoln and missed others which were found in the Plaintiffs possession going with twelve Shéep that were stoln c. And the Iewry upon the tryal found him guilty and hee had Iudgement and could not get it staid because the Declaration laid to bee false and malicious and the Iewry found it also to bee so Case 3. 3 Huttons Rep. 49. Hord versus Cordery The Plaintiff brought an Action of the Case against C. the Defendant and B. his Wife and D for a malicious confederacy to charge the Plaintiff with the Felonious Rape of the said D. and procured him to bee examined before a Iustice of Peace and thereupon was bound in a Recognisance to appear at the general Sessions and from thence bound over to the Assizes and there they Indicted him and hee was acquitted and hee averred that hee did not ravish her And adjudged for the Plaintiff after a Writ of error and twenty marks costs given for his delay Case 4. 4 Leonards Rep. pl. 146. s 107. An Action of the Case of this nature was brought by Joan Jerome against Knight and shee declared that Knight had maliciously caused the Plaintiff to bee Indicted of Felony and to bee Arraigned upon it and that shee was legittimo modo acquietatus c. And the Case was this that the Defendant came into the Court where the Sessions was held and complained of the Plaintiff for the said Felony for which the Iustices commanded her to cause an Indictment to bee drawn and the Plaintiff had Iudgement and could not avoid it by a Writ of error Case 5. 5 Smith versus Crashaw and others B. R. M. 1. Car. 1. Croo. 1. 10. The Plaintiff brought his Action of the Case in nature of a Conspiracy against the Defendants for that they had at T. c. falsly and maliciously accused him of Treason caused him to bee apprehended brought to a Iustice to bee commited to Gaol Indicted and falsly and maliciously affirmed it to bee true and not guilty was pleaded and verdict given for the Plaintiff and Iudgement given for the Plaintiff two hundred and forty pound Damages notwithstanding motions to Arrest it and after a solemn deliberation The like Case was by Lovet vers Faulkner 11. Jac. B. R. Bulstr 3. part 270. Case 6. 6 Smith versus Hodgeskins Pasche 8. Car. 1. B. R. Croo. 1. part 201. An Action was brought for this that the Defendant malitiose et falso crimen feloniae ei imposuit and caused him to bee arrested for Felony and for these words and this work it was adjudged the Action of the Case did lye Case 7. 7 Maning and his wife versus Fitzharbert Hill 7. Car. 1. B. R. Croo. 1. 197. An Action of the Case was brought against the Defendant for that hee ex malitia of the Plaintiffs wife crimen feloniae imposuit caused her to bée brought before a Iustice there charged her with Felony required that shée might bee bound over to the Assizes which shee was forced to do c. and this was found for the Plaintiff and had damages and Iudgement c. Case 8. 8 Williams versus Fletcher Pasche 10. Jac. In an Action of the Case in nature of a Conspiracy for indicting of a man for a common Barretor and making oath to the Iewry that the Bill was true upon which the Bill was found supposing it false and malicious In this Case it was adjudged that in this Case no Action of the Case in nature of a Conspiracy will lye Bulstr 1. part 185. Case 9. 9 Three men conspired amongst themselves to charge J. S. with a robbery and to procure him to be Indicted and procured divers Warrants from Iustices of Peace by which he was apprehended and examined and after they preferred an Indictment against him whereupon an Ignoramus was found in this Case it was resolved that an Action of the Case in nature of a Writ of Conspiracy lieth Coo. 9. 55. Pasche 5. Jac. in Camstellat Case 10. 10 It was resolved by the two chief Iustices and the Lord Chancellor and the chief Baron That when the Grand Iury doth indict one of Murder or Felony and after the party is acquitted that no Conspiracy lieth for him that is acquitted for this Case 11. 11 A man brought this Action of the Case in nature of a Conspiracy for causing him to be indicted of Felony c. for suffering a Prisoner to escape that was convicted and Iudgement was given for the Plaintiff for this is more than trespasse Stiles Rep. 157. Case 12. 12 Hill 8. Jac. B. R. Wall and Hills Case Bulstr 1. part 149. An Action of Conspiracy was brought for conspiring to indict the Plaintiff for a supposed counterfeiting of a Letter and for the malicious prosecution thereof at the Assizes and that hee was acquitted And he pleaded that the Letter was brought to him by one unknown and delivered to him two others being in his company one of which afterwards told him that the Plaintiff was the man that delivered it and thereupon hee prosecuted him for it in this Case it was adjudged for the Plaintiff for that the prosecution was not upon the Defendants owne but upon another mans suspition and his prosecution and the justification thereof must be upon good probabilities and not upon the suspition of others Bulstr 1. part 149. Sée Coo. 9. 26. Pasche 9. Case 13. Car. B. R. Case 13. 13 The Action was for that Falso malitiose he spake these words of the Plaintiff He committed Felony and procured him to be Arrested and Imprisoned for three daies and had Judgement after a Plea by Verdict c. Croo. 1. 223. CHAP. XXIII Of Pleadings in Actions of the Case for words AS to the Pleadings in all Actions of the Case for words this is first to bée