maintainable if the defendant had charged the plaintiffe but with bare incontinencie For in this case the ground of the action is temporall that is shee was to be aduanced in marriage and that she was defeated of it and the meanes whereby she was defeated was the said slaunder which meanes tending to such an end should be tried by the countrey So if a Diuine be to be presented to a Benefice one to defeat him of it saith to the Patron that he is an Heretique or a Bastard or that he is vnder excommunication whereby the Patron refuseth to present as he might very well if the imputation were true and hee loseth his preserment he shall haue an action vpon the case for the scandals tending to such an end Likewise if a woman be bound that shee shall liue continent and chaste or if a lease bee made vnto her Quamdiu casta vixerit as long as she remaines chaste in these cases incontinency shall bee tried by the common law Pâ—pham chiefe Iustice said that if one speakes of a woman which is an Inne-holder that she hath a great and infectious disease by which shee loseth her guestes she shall haue an action vpon the case In the Kings Bench betwixt Banister and Banister it was resolued where the defendant speakes of the plaintiffe being sonne and heire to his father that he is a Bastard an action lies vpon the case for that tendes to the disinheâ—iting of the land which descends vnto him from his father but it was resolued if the defendant pretends that the plaintiffe is a bastard and that himselfe is next heire there no action lies and that the defendant may shew by way of barre if the Plaintiffe omits it in his bill LINEAMENT XVI Obseruations concerning words of Detraction and Defamation fit to be perused of Sheriffâ—s and Stewards or of other Iudges of inferiour Courts extracted out of the Reports of Sir Edward Cooke Knight Lord chiefe Iustice of the common Pleas. SEnsus verborum est duplex mitis asper verba accipienda sunt in meliore sensu The meaning of words is twofold mild and rough or vncharitable and words are alwaies to be accepted in the milder sence As for example Edward Danney vicar of Northelingham sued vpon the statute de scandalis magnatum by Henry Lord Cromwell Plaintiffe for his cholericke answering him being a Baron of the Realme in these words It is no maruell that you like not of me for you like of those that maintaine sedition against the Queenes proceeding The defendant construed this word sedition seditiosam doctrinam or factious Preachers which by the said Lords countenance as he supposed inueighed against the booke of common prayer established anno primo Eliz. though the strict sence of this word Seditio is as much to say as seorsim itio magni populi quando itur ad manus Sedition properly is publike and violent But God forbid that the words of one being like vnto wind should be taken by parcels against the intention of the partie by such a strict Grammaticall construction Quia quae ad vnum sineÌ„ loquâ—t a sunt non debent ad alium detorqueri What are spoken to one end ought not to be wrested to another end Therefore a Iudge must enter into the consideration of all the prâ—cedent parlance and words which import the true cause and occasion and which manifest their true sence According to that saying Sensus verborum ex causa dicendi accipiendus est sermones semper accipiendi sunt secundum subiectam materiam The meaning of words is to be taken out of the occasion of speech and speeches are alwaies to be taken according to the subiect or matter in hand In actions for scandalous detractions the Defendant may iustifie the words or confesse then or shew by speciall matter that the words be not actionable and then the Defendant shall not be vrged at any time to a generall issue For albeit he doth vary from the Plaintiffe in the sense and quality of the words yet notwithstanding that is no cause to chase him to a generall issue As for example the Plaintiffe chargeth the Defendant with vnlawfull maintenance the Defendant may iustifie by way of lawfull maintenance and may plead the generall issue In like manner one chargeth a man with these wordes Thou art a murtherer The Defendant may iustifie the words and declare how that the Plaintiffe told him that he killed diuerse hares with certaine engines and thereupon the Defendant said vnto him Thou art a murtherer meaning the hares which he killed Out of these obseruations the Reporter Sir Edward Cooke that peerelesse Phoenix of the Common law giues vs two excellent points of learning in actions of slaunders First to obserue the occasion and cause of their parlance and how that may be pleaded in the Defendants excuse Secondly although your opinion be that your Clients case is cleere and his matter in facte plaine yet hazard not the matter vpon a demurre wherein perhaps vpon pleading or otherwise more matters will arise then you knew before But first take aduantage of speciall matters in facto by which the true sence and coherence of the words may be gathered in fauour of the Defendant and reserue matters de iure which alwaies arise vpon matters in facte vnto the last and neuer demurre at the first in law Seeing that after the triall of matters in facto the matter de iure shall be safe vnto you It was adiudged en Bank le Roy enter Cutler et Dixon 28. Eliz. that if one exhibits Articles to Iustices of peace against a certain person containing great abuses and misdemeanures not onely touching the Petitioner himselfe but many others and all to the entent that he might be bound to his good behauiour In this case the partie accused shall not haue any action vpon the case for any matter comprehended in those Articles for in that case they pursued but the ordinary course of iustice And if actions were permitted in such cases they who had good cuase of complaint durst not complaine for feare of infinite vexations Master Stanhope being a Iustice of Peace and Surueyour of the Dutchie of Lancaster was detracted with these words Master Stanhope hath but one Manour and that he hath gotten by swearing and forswearing It was adiudged that these words were not actionable First because that they were too general and those words which shall charge any man with an action on which damages shall be recouered must haue a conuenient certainty Secondly the Defendant charged not the Plaintiffe with swearing or forswearing for he might obtaine a Manour by swearing and forswearing and yet he did not procure nor assent vnto it Also words which maintaine an action must be directly applied to the Plaintiffe in regard of the damage which he sustained by the scandall If one impeach another that he hath forsworne or periured himselfe that beares no action for two
causes First he might be forsworne in vsuall communication Quia benig nior sententia in rebus generalibus seu dubijs praeferenda est A milde interpretation is to be preferred in generall or doubtfull matters Secondly it is an vsuall word in our passion choller for one to say to another thou art a Vilaine a Rogue or a Varlet c. These or the like words will not maintaine an Action For Boni Iudicis est lites dirimere It is the part of a good Iudge to take away strife and causes of strife But if one speakes to another that he is forsworne or periured in such a case for such words the Action is good because that it appeares by these words that hee hath forsworne himselfe in iudiciall proceedings Sir Christopher Wray Lord Chiefe Iustice said that although slaunders and false imputations are to be repressed for that many times à verbis ad verbera perueÌ„tum est from words men come to blowes yet he said that the Iudges haue resolued that Actions for scandals must not be maintained by any strained construction or argument nor must they extend any fauour for their support Seeing they abound in these daies more then in times past and the intemperance together with mens malice encreaseth Et malicijs hominum est obuiandum They must meete and preuent mens malice Besides in our Law Bookes Actions for scandalles are very rare And those which are reported are for words of eminent slander and of great importance This moued the Court of the Kings Bench to denie a Procedendo to haue an Action of slaunder for calling one a whore tried in London For the Defendant had remoued it thence by an Habeas Corpus into that Court. And it was affirmed by the whole Court of the Kings Bench that a custome to maintaine actions for such brabling speeches is against law Licet consuetudo sit magnae authoritatis nunquam tamen praeiudicat manifestae veritati Although that custome be of great authoritie notwithstanding it doth neuer preiudice manifest truth To say that a man is detected for periury in any Court is not actionable for an honest man may be detected but not conuicted And euery man which hath a Bill of periury against him exhibited is detected 37. Eliz. inter Weauer Plaintiffe Cariden defendant To report that a man hath killed his wife and she aliue the Defendant may therefore demurre and no action lies But it is otherwise if she be dead 39. Eliz. in commune Banco inter Snag arm Plantiffe Gee Atturney de mesme le Court Defend So one Allen hauing spokeÌ„ these words of Eaton Plaintiffe He is a brabler and a quarreller for he gaue his champion counsell to make a deed of gift of his goods to kill me and then to sly out of the countrey but God preserued me Vpon great deliberation and aduise it was adiudged that in this case the words were not actionable for the purpose and intent of a man without an act is not punishable by law Ubi non est lex ibi non est transgressio quo ad mundum Where there is no law there is no transgression in the sight of the world And although that for such a Conspiracy a man may be punished in the Court of Starre Chamber that comes to passe by the absolute power of that Court and not by the ordinary course of law In euery Action vpon the case for slaunderous words two things are requisite first that the person which is scandalized be certaine Secondly that the scandall be apparant by the words themselues And therefore if any one saith without any precedent communication that one of the seruants of I. S. he hauing diuerse is a notorious felon or Traitour there for the vncertainty of the person no action lies and an innuendo an iteration or repetition of words cannot make him certaine As he is sick of the pockes the French pockes this innuendo and iterating of the same wordes makes not the proper office which it ought for it contends to extend the generall words being the Pockes to the French Pockes by an imagination of an intent which is not apparant by any precedent words whereto the iteration might be referred And the words themselues must be construed in mitiore sensu in the milder sense To conclude 42. Eliz. en Bank le Roy entre Iohn Iames Pl. Alexander Rutlech Def. it was so resolued that the office of an innuendo a reiterating is to containe and designe the person himselfe or the very word which was certainly named before and in effect was in place of a praedict the aforesaid thing or the aboue named person But a reiterating or repeating cannot make a person certaine which was vncertaine before for it would be an inconuenience if actions were maintained by an imagination of an intent which appeareth not by the words vpon which the Action is founded but all is vncertaine and subiect to deceiueable coniecture The Iudge must note the very words of Detraction whether they be Adictiues or Substantiues for sometimes Adiectiues will maintaine actions and somtimes not They are actionable first when the Adiectiue presumeth an act committed Secondly when they scandalize any in his office function or trade whereby he gets his liuing As if one saith that such a man is a perâ—ured knaue there it behooues an Act to haue bene committed otherwise he could not be termed periured So if a man saith of an Officer or Iudge that he is a corrupt Officer or Iudge an action lies for both causes First because it implies an Act done Secondly it is slaunderous vnto him in respect of his Office But if one calles another a sedicious fellow a theeuish knaue there no action lies because the words import not that he hath commited sedition or felony but they are Adiectiues which import an inclination thereto Likewise though the former words of a mans speech were actionable vttered alone yet if there follow after a subsequ nâ— explanation of the said words by the Defendant without delay or interlocution they be not actionable for the latter words extenuate and qualifie the former and also expound the speakers meaning as thou art a theefe for thou hast stollen my Apples or Hops out of my orchard which latter words mitigate the proper sence of this word theefe which of it selfe though generally spoken would maintaine a brabling action And it is the office of Iudges vpon consideration of all the words to collect the true hope and intention of him that speaks them without partiality or fauour Per Popham chiese Iustice totam curiam 44. Eliz. en Bank le Roy. Brittridge case LINEAMENT XV. Obseruations concerning detracting Libels giuen in the Star-chamber and collected out of Sir Edward Cookes Reports IN the case of L. P. in the Star-chamber Paschae 3. Regis Iacobi against whom the Kings Atturney proceeded on his owne confession Ore tenus for the composing and publishing of a
na bre 171. 21. H. 6. 2. Iurors tooke money after they had giuen their verdict without any couenant before hand whereof they were conuicted and euery one of them fined And this case is out of the statute of Decies Tantum 39. L. Assis. 19. It seemes that Embrasers shall be punished for taking money and for labouring a Iury to passe one way or other although they doe not giue their verdict as they should LINEAMENT XII The Spirit of Detraction conuicted by the statute De scandalis magnatum and also by the Soueraigne authority of the Court of Starre Chamber HEere I doubt me some nice stomackes ouerlarded with sacietie and surfeite whose mildest censure after an Italian nodde is but so and so will condemne me for enterlacing these moderne models among sacred Relickes But these Criticks I will crosse with their own lessons that variety delights change of pastures makes fat cattell And there is a time to pricke Flies with Domitian The Duke of Buckingham brought an action vpon the Statute De scandalis magnatum against Lucas for that hee said that the Duke had no more conscience then a Dogge and so that he might haue goods hee cared not how he came by them And recouered tenne pounds Michael 4. H. 8. Rot. 659. Hee might well haue sued him in the Starre chamber vpon the same words Crompton reports that he saw the copie of the Record The Lord of Abergue-venny brought an action vpon the said statute against Cartwright for that the defendant vttered nouellement counterfeit falsa noua del plaintiffe to weete that the Plaintiffe would wind the defendants guts about his necke The defendant pleaded non culp and in euidence the Plantiffes shewed a matter written to one B. wherein the defendant said that he vnderstood by report that the Lord spoke the aboue named words Which was held for good euidence and so it was found for the Plaintiffe Whereby we may note that to speake and to write is all one for it is publike Vide libr. intra 13. that the fixing of a slanderous libell in an open place giues an action Crompton report If a man speakes slaunderous words of the Prince and is not punished within the time limited by the statute 23 Eliz. cap. 2. he shall be punished by the statute of West 1. viz. he shall be imprisoned vntill he findes the first Author that spake them according to W. 1. cap. 33. not according to the aduise of the Councell for that is when the slaunder toucheth Noblemen and great officers expressed in the statutes made 2. R. 2. cap. 5. 12. R. 2. cap. 11. and not the King for he is a person exempt and not implied within those words Great men or Nobles One who had reported in the Countrey that certainly warres were towards so that wooll might not be transported ouer Sea that yeare by which rumour the price of wooll fell and was sold at a lesse rate was summoned to appeare before the Kings Councell and was fined and ransomed to the King 43. libr. Ass. 38. If any makes a suggestion to the King himselfe which is false and some are thereby indemnified or hindred they that make such false suggestions shall be sent with the suggestion before the Lord Chancellor the Lord Tresurer and his chiefe Councell and shall finde surety to prosecute the said suggestion And if he cannot proue this intent against the defendant by proces of law he shall be imprisoned and there remaine vntill he satisfie the partie grieued his damages and for the slaunder which he hath incurred through such occasion and then he shall be fined to the King Report ex 37. Edwardi 3. cap. 18. One O. who had spoken slaunderous and horrible wordes of Queene Mary was of them indicted mentioning in the indictment that he had spoken them contra formam diuersorum statutorum without touching any in specie and without saying vnde scandalum in Regno inter Reg. magnates vel populum suum oriri poterit and was conuicted of them vpon his arraignement and had iudgement of imprisonment and to bee fined at the Queenes will vntill he had found his Authour according to West 1. cap. 34. One Smith of the County of Somerset Esquire was fined in the Star-chamber for slaunderous wordes which he had spoken of one Sir Iohn Young Knight which touched his life and which the said Smith could not proue he was committed to the Fleete and payed great damages vnto the Knight and yet notwithstanding hee might haue had an action vpon the case at the Common law Report Crompton One L. of Kent Gentleman was punished in this Court for falsly and malitiously going about to proue one that was his Cousin to be a Traytor wherfore he was ordred to ride about Westminster hall with his face at the Horse taile Circa 27. Elizab. A Knight of the Countie of North. was fined at a great summe in the Starre-chamber because he permitted a seditious booke called Martin Marreprelate to be imprinted in his house 32. Eliz. If one speake scandalous wordes of an Arch-bishop or Bishop he may sue him in this Court to haue him punished or else he may haue an action vpon the Statute de Scandalis Magnatum as happened in Sandes his case Arch-bishop of Yorke betwixt him and one Sir Robert Stapleton Knight in the Star-chamber One parleyed of Dyer Lord chiefe Iustice of the Kings Bench that he was a corrupt Iudge for which he was conuicted in this Court of Star-chamber and adiudged to stand vpon the Pillory One had cast abroad slaunderous libels of the Bishop of C. circa 20. Eliz. and was punished in the Star-chamber The said Crompt on makes a Quaere whether a man hauing spoken slaunderous wordes of a Noblewoman may be sued vpon the Statute de Scandalis Magnatum but doubts not of his punishment in the Star-chamber And I haue heard it of credible persons that in the last Queens time of famous memory a Master of Arte sometimes fellow of Martin Colledge in Oxford lost both his eares by order of the said Court of Star-chamber sor his percmptory speeches that he had vsed his Mistres a great Lady carnally and was secretly contracted vnto her For proofe whereof hee offered to disclose certaine priuie markes on her body It was resolued by the whole Court of the Kings Bench that for any matter contained in any Bill which was examinable in the Star-chamber no action lay although the matter was meerely false because it was done in the course of iustice But if one exhibites a Bill in the said Court for matters not determinable there as for murther or pyracie which cannot be by English Bill but by way of indictment in Latine then he may be sued for the Detraction and pay damages Report Cooke 34. Eliz. inter Sir Richard Buckley pl. Owen Wood def en Banke le Roy. LINEAMENT XIII 1 Of the Iurisdiction of the Ecclesiasticall Court touching wordes of Detraction and defamation 2 Where
the Kings writ of Prohibition lies against such actions commenced in that Court 3 That mixt actions belong to the Common law NOw let me draw neere to a more resplendant light to your rich magazin of laws Right learned Cooke Englands admired Bartole in whose profound intelligence concur the spirits of many famous wights not after the Pythagorean transmigration but after the transmutation of Elisha which receiued the spirit of Elias For who knowes not that the obscurest and doubtfull Reports of Dier Brooke Plowden and of many other sage Writers are most plainely reconciled in your Reports with mellifluous iudgements of your owne conceits I will therefore aduenture like Noahs Doue to crop some of your choysest O liues Touching Defamations determinable in the Ecclesiasticall Court it was resolued in the Kings Bench betwixt Palmer and Thorpe according to the right learned collections of Sir Edward Cooke Knight Lord chiefe Iustice of the common pleas en le quart part de ses reports that such defamations ought to haue three things incident First that they concerne matters meerely spirituall and determinable in the Ecclesiasticall Court as to call a man Hereticke Schismaticke Aduowtrer Fornicator c. Secondly they must concerne matters meerely and onely spirituall for if such defamations touch any or some thing determinable at the common Law the Ecclesiastical Iudge shall not take knowledge thereof Thirdly although that such defamations be meerly and onely spirituall yet notwithstanding he that is defamed cannot sue him there for amends and damages but the suit ought to be onely for the punishment of sinne pro salute animae for the soules health And for the first and second which is incident the case en 2 2. Edward 4. 20. was recited to this effect The Abbot of S. Albons sent his seruant for a woman couert to come and speake with him The seruant performed his Masters commaundement And thereupon the woman came with him to the Abbot And when the Abbot and the woman were together the seruant which knew his Masters will retyred from them and left them together in the chamber alone Then the Abbot said vnto the woman that her apparel was grosse and course to which the woman answered that her apparell was according to her ability and according to her husbands ability The Abbot knowing in what things women repose their delight replied vnto her If she would be ruled by him that she should haue as good apparell as any woman in that Parish and sollicited her chastity When the woman would not consent vnto him the Abbot assaulted her and would haue made her a lewd woman against her will the which the woman would not suffer Whereupon the Abbot detained her in his chamber against her will to the entent c. The husband hauing notice of this abuse done to his wife spoke of all this matter and said that he would haue an action of false imprisonment against the Abbot for that he had imprisoned his wife vpon which the Abbot adding one sinne to another sued the innocent poore husband for defamation in Court Christian because the husband had published that my Lord Abbot had sollicited her chastity and would haue made her a naughty woman But vpon all this matter disclosed to the Kings Court the husband had a Prohibition by reason that the husband might haue had an action at the common law for this affault and imprisonment of his wife although then at the first he had not any action nor peraduenture at any time would haue had Yet because the scandall determinable in the Ecclesiasticall Court was vpon all the matter being disclosed mixt with a matter determinable at the common law for this cause vpon motion made by the Abbots Councell to haue a consultation in this case that was denied him by the Court. For the third point which is incident viz. That the Defamed cannot sue for amendes and damage in Court Christian though it be meerely and onely spirituall It was enacted Articul cleri cap. 1. 2. 3. that the Kings Prohibition should hold place if a Prelate enioyned a penance pecuniary to any man for his offence and it were demaunded Notwithstanding if Prelates enioyne a penance corporall and the party will redeeme such penance by money if the money be demaunded before a Iudge spirituall Prohibition shall hold no place But leauing the Statutes at large to be considered by the Reader that desires to know them I will returne to the Reports of that rare Treasurer of the common law Sir Edward Cooke for words of detraction actionable and forth explanation of the Ecclesiasticall power in such cases Anno 35. Eliz. Anne Dauies plaintiffe declared that she was a Virgin of good fame c. Whereas one Anthony Elcocke Citizen and Mercer of London of the substance and value of three thousand pounds desired her for his wife and for that cause had communication with Iohn Dauies Father of the said Anne and was ready to conclude it Iohn Gardiner defendant premissorum non ignarus to defame the said Anne and to distaste the said Anthony from proceeding forward vttered and published of the said Anne these wordes I know Dauies daughter well mentioning the said Anne she dwelt in Cheapside and there was a Grocer that did get her with childe And being admonished by some that were present and heard him that he should be aduised what he spoke of the said Anne he said further of her I know very well what I say I know her father mother and sister and she is the youngest sister and had the childe by the Grocer By reason of which wordes the plaintife was greatly defamed so that the said Anthony vtterly refused to take her to his wife To this the defendant pleaded not guilty and by a Nisiprius in the County of Buckingham the Iurors found for the plaintiffe and assessed damages to two hundred markes Then it was moued in arrest of iudgment by the Counsel of the defendant that the said defamation of incontinencie concerned the spirituall and not the temporall iurisdiction And therefore as the offence should be punished in Court Christian so the remedy for such defamation ought also to be there For cognitio causae non spectat ad forum Regium Euen so if a man be called a Bastard an Heretique a Miscreant or an Aduowterer because they appertaine to the Ecclesiastical iurisdiction no action lies at the common law But it was answered by the plaintiffes counsell and resolued by the whole Court that the action was main teynable for two causes first because that she was punishable by the Statute de 18. Eliz cap. 3. if she had a bastard And although that fornication or aduowtry be not examinable by the common law for that they are done in secret and peraduenture are vncomely to be openly examined yet neuerthelesse the hauing of a bastard is a thing apparant examinable and punishable by the said acte Secondly it was resolued that the action was
vnto mans capacitie 2 An admonition to the Readers of the Scripture Lineament VIII 1 The Election of the Protestants after the imitation of S. Pauls graffing in of the Gentiles 2 Meanes to discerne the Antichrist by Prophesies out of the Scripture 3 Mâ—anes to discerne the Antichrist by his pompous manner of liuing and also by his Detractions The third Circle Lineament I. 1 THe nature of the spirit of Detraction 2 His obiections 3 The Authours answere 4 The description of Detraction 5 His Companions 6 His Paradoxes 7 A briefe Confutation Lineament II. 1 Notes to discerne the spirit of Detraction 2 A limitation of speaches Lineament III. 1 That the imbecillity of our natural dispositions tainted through the first Mans sinne with curiosity inconstancie and negligence is the prime cause of the spirit of Detraction 2 That our curious search after the supernaturall beginning of time worketh our confusion 3 Of our Curiosity 4 Of our Inconstancie 5 And of cur Negligence Lineament IIII. 1 That ill Education is another cause of malicious Detraction 2 That want of maintenance in the Clergy is the cause of ill Education 3 Certaine moderne abuses taxed in some remote angles of this Kingdome Lineament V. 1 That the secret and spirituall suggestion of the Diuel is the third cause of the Spirit of Detraction 2 The cunning reasons of the Diuell to confirme sinne 3 Their Confutation Lineament VI. 1 The naturall manner how the Spirit of Detraction enters into a man and possesseth him 2 Another reason to confirme the premisses Lineament VII 1 Corollaries for the explanation of the premisses 2 Where wicked Spirits reside in man Lineament VIII 1 That the spirit of Detraction hath two principall instruments the Hand and the Tongue 2 Their apish trickes 3 Their monstrous effects 4 A briefe dehortation from Detraction Lineament IX 1 The Authors censure of certaine English Pamphleters and Ballad-writers with an inuocation to my Lord of Canterbury for a reformation not onely of these abuses in writing but also of other enormities committed against the Church-Canons 2 A Description of good and euill Writers 3 That there is a mixt morall kinde of writing seruing as the lesser light for the conuersion of the naturall man Lineament X. 1 Certaine Detractions of our common Stage-players are taxed 2 How God distributes his gifts diuersly to euery particular man 3 The Authours briefe Apologie concerning his owne imprinted workes Lineament XI 1 What kinde of persons the spirit of Detraction doth soonest possesse with a description of the common people 2 That wise men and of resolution must not feare the Detractions of the common people 3 That it is necessarie for Enuie to be the companion of Vertue and for the spirit of Detraction to follow Magistrates as the shadow the body for the corroborating of their vertues Lineament XII 1 Why men soiourne with the spirit of Detraction and will not be dislodged from him 2 That no worldly causes ought to dispose a man vnto Detraction Lineament XIII 1 The Conclusion shewing that all persons from the Prince his Scepter to the Coblers naule are subiect to Detracting tongues The fourth Circle Lineament I. 1 THe felicitie and infelicitie of our Country of Great Britaine 2 The Authours supplication to the high and mightie Court of Parliament for suppressing of common Swearing Blasphemies Slaunders Perâ—urtes and other Detractions offensiue to God and their Countries weale 3 That they crucisie Christ anew which sweare eyther want only or wilfully by his bloud c. 4 The Authours motion for more Additions to the Statute of Periurie 5 The necessitie of these Additions and of likely circumstances to lead our common Iurours Lineament II. 1 That Licentiousnesse is the cause of Detractions defamations periuries and blasphemies 2 That Tauernes are the causes of licentiousnesse whereby the Authour taketh an occasion to admonish Magistrates of their dutie in this important case Lineament III. That the Spirit of Detraction is sooner conuicted through the bright light and testimonie of the Scripture then through mens reall force or worldly deuices Lineament IIII. The Spirit of Detraction coniured and conuicted by the Prophet Dauids testimonie Lineament V. The spirit of Detraction coniured and conuicted by King Salomons testimonie Lineament VI. The spirit of Detraction coniured and conuicted by Iesus the sonne of Syraches testimonie Lineament VII The spirit of Detraction and Periurie coniured and conuicted by other testimonies of the Scripture Lineament VIII The Authours aduise to lury-men wishing them to proceede vprightly according to their oathes and also to meditate on the future discourse Lineament IX The Spirit of Detraction coniured and conuicted by the Ciuill lawes Constitutions Lineament X. The Spirit of blasphemous Detraction conuicted by Gods iudgements executed on some of our owne Countries inhabitants Lineament XI The Spirit of Detraction and Perturie conuicted by sentence of our owne lawes executed on corrupted lurours Lineament XII The Spirit of Detraction conuicted by the statute De scandalis magnatum and also by the Soueraigne authority of the Court of Starre-Chamber Lineament XIII 1 Of the Iurisdiction of the Ecclesiasticall Court touching words of Detraction and defamation 2 Where the Kings writ of Prohibition lies against such actions commenced in that Court 3 That mixt actions belong to the Common law Lineament XIIII Obseruations concerning words of Detraction and Defamation fit to be perused of Sheriffes and Stewards or of other Iudges of inferiour Courts extracted out of the Reports of Sir Edward Cooke Knight Lord chiefe Iustice of the common Pleas. Lineament XV. Obseruations concerning detracting Libels giuen in the Starre-Chamber and collected out of Sir Edward Cookes Reports Lineament XVI The conclusion of the fourth Circle contayning the Authours pareneticall Charge to common Iuries The fift Circle Lineament I. 1 THe Authours scope in this Circle 2 His inuocation to the Godhead against his Ghostly Enemies Lineament II. 1 How the Spirit of Detraction attributes the glorious workes of God vnto the Diuell 2 That mens guiltie consciences driue them to exâ—oâ—â— the Diuell and his supposed power Lineament III. Proued out of the Booke of Wisedome that mens guiltie consciences caused them at first to feare Bugs and Spirits Lineament IIII. How mens guilty conscâ—ences made them to mistake the truth and to become afraid of things meerely naturall Lineament V. A merry storie borrowed out of Peter de Loiers booke of Specters shewing how a Trauailer was frighted in passing by a Gallowes Lineament VI. 1 Whether in time of Poperie the Diuell appeared to Coniurers or Witches 2 Why now adaies the Diuels apparitions are ceased among the professours of the Gospell 3 The Authors opinion touching his visible illusions Lineament VII 1 How Popish Shauelings inuenâ—ed the vse of common Coniurations and fictions in policy for the greater efficacie of their Idols Holy-water and Masse-monging wherein the weakenesse of their Holy-water is shewed 2 That they coined lies of purpose to confirme their sect namely in Luthers life