man For and against whom and where this Action will lye or not for such a wrong these things are to bée known 1. That the King is within the Statute of Westm cap. 34. but not within the Statute of 2. R. 2. cap. 5. and 12. R. 2. cap. 12. Dyer 155. 2. That the persons that are to have this Writ are declared to be Prelates Dukes Earls Barons and other Nobles and Grandées of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Lord Guardian of the Cinque Ports and of the Kings Privy-Council Steward of the Kings Houshold Justice of the one and of the other Bench and other the great Officers of the Realm 2. R. 2. cap. 5. Westm 1. 34. Dyer 155. in Hetleys Rep. 55. 3. That for this it matters not for the manner of contrivance or publication How this slander may be contrived and published of it which way the words or reports be published either by spéech or writing either spoken or written from a mans own knowledge and from himself or by the report of another And by writing either delivered to the party himself or to another or hanged up in any open place or by Libels or by any other extrajudicial way whatsoever See in Hetley Rep. 55. But this lyeth not against any man for any thing done by him in a judicial way as for bringing a Writ or for having a Suit for forging of déeds or other Cause in a legal way or for preferring and prosecuting of a Legal Indictment or an Appeal of Murder Robbery or the like offence albeit the Charge be false And whiles the Starr-Chamber-Court was in being a Bill might have béen brought against any such great man for any thing whereof the Court had Conusance as against another but for preferring any Charge in that Court for any thing whereof the Court had not Conusance a man might have had this Action Or for a Conspiracy to indict such a man the Defendant or party indicted may have the same remedy against the Plaintiff and Conspirators as another man may have Crompt Jur. 13. Coo. 2. part Iust 228. Coo. 4. 14. Fitz. Disceit 35. Dyer 285. Kelw. 27. in Hetley Rep. 55. For what this Action may bee laid Or not Sect. 2. 4. For the Matter and Quality of this Slander take this That the words or rumours uttered against great men for which this Action is given 1. Must be false and horrible 2. Such as by which discord or slander may arise betwéen the King and his people or the Grandées of the Realm Westm 2. cap. 24. Or between the Lords and Commons 2. R. 3. cap. 53. by which great peril and mischief may come to all the Realm 3. Such as tend to the destruction of the Realm Coo. 12. 134. And if any do hear or shall hear any such words by the report of another it will not be safe for him to report them again Coo. 12. 136. It hath béen adjudged and resolved for the words uttered as in the Cases following viz. For saying Thy Lord is a Traitor and I will prove him a Traitor Vicount Sayes Case In Leyes Rep. 82. Croo. 1. 96. And for this My Lord of Winchester sent for mee and imprisoned mee till I entred into bond of twenty pound to the Kings use The Bishop of Twenty pound Winchesters Case Croo. 1. last publisht See it in Leonard Rep. 336. 2. H. 8. So for saying My Lord is a base Earl and a paultry Lord and keepeth none but Rogues and Rascals like himself Earl of Lincolns Case Trin. 5. Jac. B. R. Yet see Croo. Rep. 2. 196. So for saying You bring in Jesuits and Papists into the Realm c. Earl of Northamptons Case Coo. 12. 136. So for saying You maintain sedition against the Kings proceedings Or you uphold and countenance them that do so Coo. 4. 13. So for this You are a Traitor to your Prince or Rebel against him Lord Monteagles Case M. 9. Jac. B. R. So for this It is your grief that you are a subject County of Salops Case M. 40. 41. Eliz. B. R. So for this You charged them that transport or import Merchandizes to or from such a place that they should not pay custome for it nor suffer the customers to search them Old Book of Entries 593. So for this You have no more conscience than a Dog so you have goods you care not how you come by them Duke of Buckinghams Case M. 4. H. 8. Rot. 659. Or to a Chief Justice You are a Corrupt Judge Cromp. Jur. 35. So for this You said you would wind my guts about your neck Lord Abergavenie's Case Cromp. Jur. 13. So also it is thought of these words You are used to do things against Law to impound the Subjects beasts and keep them in a Castle that they cannot be replevied but to say that hée did so once will not bear an Action Duke of Buckinghams Case So for this You have sent Commissioners to spoil the Country where hée sent Commissioners to make Leases of his Land and improve his Rents Duke of Buckinghams Case So for this My Lord of Abergavenie sent for us and put some of us in the stocks sent some of us into the Gaol and put some of us into the house called Little Ease Hill 19. Eliz. the Lord Abergavenies Case See it in Croo. 1. last publisht 192. and Leonards Rep. 336. And so generally of any words of an ordinary mans spoken will give him an Action being spoken to such an eminent person will much more give him this Action Coo. 12. 132 134. Leys Rep. 32. But it is said It will not lye in these Cases and for these words following viz. The Earl of Lincolns men by his commandment did take the goods of one Hoskins by a forged warrant because it was not said hée knew the Warrant to be forged Goldsb 115. See more of this Subject Leys Rep. 82. In the Case of the Earl of Northampton Mich. 10. Jac. B. R. It was as it is said amongst other things resolved in the Starre-chamber 1. That the publishing of false Rumours either concerning the King or of the high Grandées of the Realm may in some Cases be punished by the Common Law So as 1. The words and rumours be false and horrible by which discord or slander may arise betwixt the King and his People or the Grandées of the Realm West 2. cap. 24. or betwéen the Lords and Commons 2 R. 2. cap. 53. by which great peril and mischief may come to all the Realm 2. The persons against whom the words be spoken must be Prelates Dukes Earls Barons and other Grandées and Nobles of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Steward of the Kings houshold Iustice of the one and of the other Bench. 2. R. 2. cap. 5. Westm 1. 34. Dyer 5. 2. It was resolved that if one hear such false and horrible rumours either of the
certain and clear and so actionable 5 That in all Cases of uncertain and doubtful words the Plaintiff must be very careful how he doth declare and the defendant must be careful how he doth plead 6 That there being same difficulty in many of these Cases it will be his wisdome that is to bring his Actions in the same Case for the same words that hée be well advised in it It is said in Croo. 1. 201. That this Action was brought against a man for that hée had maliciously and falsly imposed a Crime of Felony upon the Plaintiff and caused him to be arrested for it and that it was adjudged good Croo. 1. 201. Wée shall now descend to the particulars before named And 1 To slanderous words about matter of Treason CHAP. VI. Of words of Slander about matter of Treason FOr the opening of this particular about slanderous words that have an Treason what it is import in them of any matter of Treason or of any thing about it Wée are to know first of all That Treason in the eye of our Law is a great Crime and the punishment appointed by the Law to be inflicted on him that dath commit this offence is the loss of his life and all his estate whatsoever If any man therefore shall by slanderous words charge another man with this Crime or any thing like unto it the party slandered may have this Action to relieve himself by damages to be recovered therein for this wrong And therefore it is held that this Action will lye for calling of another Traitor Traitor or Traitor-Knave 30. Ass 19. 27. H. 8. 9. 14. 27. 26. H. 8. 9. Coo. 4. 17. Or for saying of another Hee hath committed Treason or the like So for saying There is no King in England Croo. 2. 407. Committed Treason So for this I doubt not out to prove that hee hath spoken Treason Serjean Hâ—tcham Case Huttons Rep. 75. So for this Thou hast spoken Treason and I shall bang thee for it 9. Jac. Beriffords Case B. R. Bulstr 1. part 148. So for this Thou hast spoken Treason and I will prove it Spoken Treason Croo. 2. 235. But it will not lye for this Take heed you do not speak Treason Nor for this I fear you have spoken Treason and shall advise upon it Nor for this I doubt you have spoken Treason and I shall advise upon it Buâ—str 1. part 148. Trin. 9. Jac. Benefords Case This Action will Killed the King lye for saying Thou hast killed the King Popham Rep. 187. So it will lye for saying Thou hast committed Treason beyond the Seas and didst run away from thy Captain Lewis Case Croo. 2. 424. So it will lye for this Go tell Mr. Carns that I am neither Traitor to Rebels my Prince nor Rebel to my Country as J. S. is it will lye for J. S. in this Case Mich. 9. Jac. So it is said it will lye for saying of a Iustice of Peace Deputy Lieutenant a Servant of the Kings Person or any such eminent person that No true Subject hee is no true Subject But otherwise it is if they be spoken of an ordinary person See for this Croo. 1. last publisht 621. Croo. 2. 202. Walgraves Case Bulstr 3. 221. Yelvertons Rep. 104. Mich. 32. 33. Eliz. Co. B. Smiths Case Goldsb Rep. 441. But this I am put out of the Parsonage house by Fowler the Patron who is neither the Queens friend nor a true Subject was held not actionable Croo. 1. last publisht 268. So it is said to lye for this Thou art an enemy to the State of this Rebel Realm Croo. 1. last publisht 602. Hill 40. Eliz. Co. B. Chambers Case 38. Eliz. B. R. So for this I was never a Traitor to the State as you have been Lamplews Case See Stiles Rep. 435. But it will not lye Rebel for saying of a man Hee is a Rebel 44. Eliz. Fountain and Grimes Case Croo. 1. last publisht 621. So it séems it will lye for saying to one Thou art a Rebel and all that keep thee company are Rebels and thou art not the Queens friend for all this together And yet it séems it will not lye for either part of these words alone Croo. 1. part last publisht 638. 876. So it is said to lye for this Thou dost harbour and maintain Rebels Maintain Rebels and Traitors And this albeit hée do not say Knowing them to be such Goldsb Rep. pl. 7. 48. See chap. 10. Sect. 10. So it is held it will lye for this Thou wast partaker with the Rebels Partake with Rebels in the North in their Rebellion But not for saying Thou wast partaker with the Rebels in the North without more words for this is altogether incertain Bulstrode 2. part 109. Incertainty So for this My Lord President in the North shewed Mr. Stapleton his hand set to a Book whereby hee had consented to the late Rebels in the North but by the means of Mr. Fairfax my Lord President was perswaded and the matter was suppressed But if the words had béen thus Hee consented to A. and B. who were Rebels and no more perhaps they might not be actionable As where it was said of one Hee was confederate with Campian the Jesuite these words it is said are not actionable for hée might not know him to be a Jesuite Croo. 1. last publisht 251. 26. Eliz. inter Brown Lisle So it will lye for this That John Peirse did say that John Lewis the Plaintiff did say that there is no Prince in England with this Averment By Report Sect. 2. that John Peirse never spake any such words Lewis Case Croo. 2. 407. 413. 427. Bulstr 3. 225. But to say I have heard that A. B. is a Traitor If he say by whom hée heard it and re vera hée did hear it it is not actionable Croo. 2. 407. So it will lye for a Master for these words spoken to his Servant Thou hast a Traitor to thy Master Innuendo the Plaintiff Croo. 1. part last publisht 906. So for this It is well known that I am a true Subject but thou servest no true Subject Innuendo W. W. Croo. 1. last publisht No true Subject 191. So it is held it will lye for this I am perswaded in my conscience Opinion only Kill the King Maintainest Rebels or I think in my conscience thou wouldest it thou couldest kill the King and all his Subjects and thou art a maintainer of Papists and Rebellious persons Croo. 2. 407. Sydnhams Case See Hobb Rep. pl. 152. 180. Bulstr 3. 260. It is said in Godb. Rep. 147. to be adjudged not to lye for these words Inclination Thou art an arrant Papist and it were no matter if such were hanged and thou and such as thou wouldest pull the King out of his seat But this Action will not lye for such words as these Hee is a seditious Adjective words Knave
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
losse sustained by the words but in other Cases it séems to be necessary And yet it is said in some Books that the Action will not lye for this Hee keeps a Common Bawdy-house See for these thing Croo. 1. 168. 189. 239. 288. 27. H. 8. 17. Coo. 4. 17. It séems that this Action will not lye at this day for saying of a man or woman That hee or shee is a Bawd And yet in London these words may happily be actionable Stiles Rep. 322. 323. Croo. 1. 168. Noys Rep. 85. 27. H. 8. 14. It is said to have béen adjudged to lye for this Thou art a Whore and a Bawd to thy Daughters and keepest a Bawdy-house Stiles Rep. 326. Hill 3. Car. 1. Elsey and Harrisons Case So for this Hee is not sit to bear office in such a place for hee keeps a Common Bawdy-house in London Bulstr 1. part 138. 27. H. 8. 15. But it is said it will not lye for this Thou art a Pander to Sir H. Vanyham Noys Rep. 74. But here also as in the other heads of Actions of the Case for Slanderous words this is to be added That where the Action shall be maintainable for words of this nature they must be malicious false certain and under the Rule of qualification by other words For if the words be true or without malice incertain or such as may be qualified by the rest of the words spoken with them no Action will lye upon them CHAP. XV. Of other words importing some charge of transgression of a Penal Law THere are some other words that may sound to the hazard of a mans Sect. 1. losse of his liberty or of the enduring of some corporal punishment Speaking against the book of Common-prayer for which this Action may lye And therefore it is held that this Action will lye for saying of a man That hee spake against the Book of Common-Prayer and said it was not fit to be read in the Church in case where hée Averment can and doth aver in his Action that hée hath any special damage by it as that by this means hée was cited into the Ecclesiastical Court and there put to trouble and expence c. otherwise not Brownl 1. part 10. 13. 2. part 100. 129. March Rep. pl. 191. It is said that this Action may lye for calling of a great man Papist or For saying of a man hee is a Papist or hath been at Mass or hath said Masses or is a Priest Recusant or for saying that hee hath a pardon from the Pope or that he can help any man to such a pardon But otherwise it is of such words spoken of an ordinary man Brownl and Goldsb 12. Brownl 2. part 166. March Rep. pl. 191. Leonards Rep. 335. It will not lye therefore against a man for saying of another That hee Papist Recusant Priest is a Simonist a Recusant Croo. 2. 284. Nor for this Thou art an arrant Papist and it were no matter if such were hanged and thou and such as thou wouldst pull the King out of his Seat if they durst Hobb Rep. pl. 187. To say of one Hee is a Mass-Priest or hath said Mass or hath heard Mass divers times may be actionable And to say of one that hee received a Mass-Priest into his House knowing him to be such a one is dangerous Bulstr 1. part 181. But to say of a man Hee hath received a Recusant without more words is not actionable Godb. Rep. 106. Croo. 2. 484. This Action will not lye for saying of a man Hee hath erected a Cottage Erecting a Cottage contrary to the Statute Godb. pl. 125. 106. March Rep. pl. 191. Nor for saying You did eat meat on a Friday Nor for this You did Eat Flesh Fish-daies Sabbath-breaker Strike in a Church eat flesh Fridaies Godb. pl. 125. March pl. 191. Nor for this Thou art a Saboath-breaker It may happily lye for saying Thou didst strike another in a Church with a weapon But not for this Thou didst quarrel in the Church Godb. 125. March Rep. pl. 191. It hath béen said that it will not lye for saying of one Hee is a Champertor Champertor Maintainer of Suits Buyer of Tites Slander of an Officer Maintenance or a Common Champertor or a Common Maintainer of Suits or a Common Buyer of Titles And yet this said of a Iudge Iustice of Peace Attorney or such like officer may be actionable Hobb Rep. pl. 145. and Hares Case And yet in a Case B. R. 35. Eliz It is said by Popham Chief Justice that it had béen adjudged to lye for this Thou maintainest such a Sute Croo. 1. part last publisht 297. See Hobb Rep. pl. 188. Hetleyes Rep. 139. 143. Rioter Maker of forcible Entry Nor for this Thou hast made a forcible Entry into Lands Nor for this Thou art a common Rioter or thou hast committed a Riot And yet some think that this may be actionable Mich. 8. Car. 1. B. R. Stones Case Nor for this Thou art a Forestaller Regrator and Ingrosser Forestaller Regrator Ingrosser Common Drunkard Nor for this Thou art a common Drunkard a Drunkard or a drunken Fellow And yet some say it may lye for the first of these words Croo. 1. 207. March 1. part of Slanders 46. M. 8. Car. B. R. Finches Law 186. Nor for this Thou art a common Swearer Common swearer Sect. 2. Nor as it séems will it lye for any charge of an offence against a penal Law which doth not inflict Corporal punishment save only in case of non-paiment of the penalty This Action will not lye for any of the words in the Cases Common Libeller Slanderer Quarreler Breaker of the Peace Affrayer Night-walker Eves-dropper Hedge-breaker Mis-feasor following viz. for saying Thou art a common Libeller or a common Slanderer or a common Quarreller or a common breaker of the Peace or a common Affrayer Nor for this Thou art a common Night-walker nor for this Thou art a common Eves-dropper nor for this Thou art a common Hedge-breaker Nor for this Thou art a common Misfesor Kitch 173. 22. Ass 31. This Action is said will be maintaineable against any man that shall say Common Barretor of another hee is a convicted Barretor and for saying of a great man of a Iudge Iustice of Peace Attorney or the like Officer He is a Barretor or He is a Common Barretor But it will not lye for saying of a Common person He is a Barretor or He is a common Barretor Hob. Rep. pl. 188. Hetlies Rep. 139. 143. Croo. 3. 171. Croo. 1. part last publisht 171. Kitch 173. Goldsb and Brownl 11. Hobb Rep. pl. 188. Yelvertons Rep. 90. It is said that it will lye for this Hee hath been indicted for Barretry if it were true he was Indicted and upon the Indictment acquitted But had he béen found guilty upon the Indictment then the speaking of the words are justifiable Stiles Rep. 49. But it will
to be competent to give an Oath without a Commission Yelvertons Rep. 72. Case 40. Heak and Molton Trin. 4. Jac. B. R. An Action was brought for this Common Barreter Thou art a common Barreter and deservest to bee hanged and by the Court it was agréed that the words were not actionable for the offence is Breaker of the Peace and Forests Rogue Hunter of Deer only finable and to be bound to the good behaviour As to say that a man hath broken the Peace or is a common Rogue or a common hunter of Deer or a common breaker of Forests is not actionable So to say I. S. would have killed me But to say He did lye in wait to kill me is actionable So He prepared Poyson to kill I. S. but for this Intent of Murder Indeavour of Murder General and incertain word He deserveth to be hanged these are too general and incertaine to ground an Action upon and thereby Fenner Iustice it was said to be adjudged to lye for this Thou art as very a thief as any in Warwick Gaol with an averment that there is such a thief in particular Yelvertons Rep. 99. Case 41. Action for these words Master Toplife hath forged and counterfeited Charge of Forgery a Certificate to a Commission out of the Exchequer and hath forged and counterfeited Mr. Birckets and Mr. Savells hands the Commissioners and hath put their hands to it by reason whereof he got a Verdict in the Exchequer whereas otherwise he must needs have had the foyl Vpon not guilty it was found for the Plaintiff damages ten pounds And it was alledged in Arrest of Iudgement that the Action doth not lye because it was not shewn what Commission it was nor in what Suit so as the Defendant might give answer to it but Iudgement was given for the Plaintiff Croo. 1 part last publisht fol. 72. Case 42. Action for words that the Plaintiff being a Minister the Defendant Slander Spiritual of of a Minister said of him That he had two Wives to cause him to be deprived upon not guilty it was found for the Plaintiff Cook moved in an arrest of Iudgement that the words were not actionable Incontinency for it is a spiritual fault as to call one Heretick c. but it was answered that for as much as the Plaintiff was a Minister this is a defamation Heretick and cause of depravation if true yet Iudgement was given against the Plaintiff Croo. 1. part last publisht fol. 94. Case 43. Action for these words Thou art a Couzening Knave thou hast couzened Couzening Knave mee of twenty pound at such a place and such a man of twenty pound and there is never a George in England but hee is a couzening fellow upon not guilty it was found for the Plaintiff and it was ruled Words general and incertain that the Action lyeth not for Wray said they are too general to bear an Action and a man is to suffer no plague or losse for those words if they were true and one Egletons Case was cited to be adjudged Thou art a couzening Coroner for thou hast couzened J. S. of his Lands no Action lyeth and Wray said that in a Writ of Errour betwéen Warker and Middlemore which doth depend in the Exchequer-Chamber Action for these words Thou art a Couzener for thou hadst mee to Coventry and didst couzen mee of eighty pounds Iudgement was given for the Plaintiff in the Quéens Bench but it was never moved in that Court for if it had they would not have given Iudgement Nota. Trin. 30. That Iudgement was reversed in the Exchequer-Chamber Croo. 1. part last publisht fol. 95. Case 44. Action upon the Case And declares that the Defendant was a Iustice of Charge of stealing of a horse Peace in the County of N. and whereas the Plaintiff was a Loyal Subject c. the Defendant maliciously intending to deprive him of his good name and fame did direct his Warrant and shews it in certainty c. to divers Constables to attatch him alledging hee was accused of the stealing Slander by Deeds of the Horse of A. B. by reason whereof hée was arrested till hée put in bond to appear c. ubi re vera hée was never accused nor did steal the horse the Defendant did know him to be guiltlesse by reason whereof hée was greatly discredited upon non culp pleaded it was found for the Plaintiff and it was held by Clench and Gawdy the Action was maintainable if a man be accused to a Iustice of Peace for an offence for which he causeth him to be arrested by his Warrant although the accusation be false yet hee is accusable but if the party be never accused but the Iustice of his malice and own head cause him to be arrested it is otherwise and they commanded Iudgement to be given for the Plaintiff 14. H. 8. Croo. 1. part last publisht fol. 130. Case 45. Action for words for calling him a rebellious and traiterous Knave after verdict for the Plaintiff it was moved in arrest of Iudgement that the Charge of Treason Action did not lye for rebellious may be upon a Proclamation of Rebellion out of Chancery or other Courts and when traiterous and rebellious are coupled together they are of the same sense Curia for the words rebellious Knave Action lieth not but traiterous being joyned with it Action lieth and the Plaintiff had Iudgement Croo. 1. part last publisht 171. Case 46. Action for these words Tibbot and one Gough agreed to have hired a Charge of an agreement to kill a man man to kill mee and that Gough should shew mee to the hired man to kill mee and upon not guilty it was found for the Plaintiff it was moved in Arrest of Iudgement that an Action lieth for these words and so held Gawdy for it is not alledged that any Act was done by the Plaintiff nor any thing put in re by him but only a Communication betwéen him and G. but otherwise it is if the words had béen Hee hath hired a man to kill mee Fenner contra for it is an ill part for which hee might be bound to his good Behaviour Wray was absent but afterward Wray being present hée agréed with Fenner and Iudgement was given for the Plaintiff against the opinion of Gawdy Croo. 1. part last publisht fol. 191. Case 47. Action for these words Thou wert laid of the French-Pox adjudged Pox. actionable and Fenner said it was adjudged in this Court that for these words Thou wert laid of the Pox Action did lye for it cannot bee intended but of the French-Pox Croo. 1. part last publisht fol. 214. Case 48. Action for these words Thou art a mutinous and seditious man and didst Charge of Sedition Adjective words procure the Queens Subjects to sedition Gawdy the words are not actionable for it is not said hée moved them to sedition against the Quéen and to this
King or of the said Grandées it is not lawful for him to relate to others that hée hath heard J. S. to say such false and horrible words for if it should by this means it may be published generally c. 3. It was resolved That if A. say to B. Did you not hear that C. is guilty of Treason c. this is tant-amount to a scandalous publication And in a private Action for Slander of a common person If J. S. publish that hee hath heard J. N. say that I. G. was a Trairor in an Action of the Case if the truth be so hée may justifie it But if J. S. publish generally without a certain Author that J. G. was a Traitor there an Action of the Case lieth against J. S. for that hée hath not given to the Plaintiff any cause of Action against any but against himself who published the words albeit hée might hear such a report for otherwise this might tend to the great Slander of an innocent it coming first from a mans mouth of no credit and being after in the mouths of persons of credit c. 4. It was resolved That the Iudgement in an Indictment upon the said Statutes when the words are spoken generally without Relation to a certain Author is that the Offender shall be fined and imprisoned Also the party grieved may have an Action de Scandalo Magnatum and recover his damages Coo. 12. 133. 134. CHAP. V. Of Actions for Slanders of all kinds Where it lyeth and what words will bear this Action or not IN all Cases where this Action of the Case for the Slander of a common person shall be maintainable as hath béen before touched there must be these things in the Case As to the manner contrivance and publication of the slander 1. The Slander must be published and contrived 2. It must be so published and contrived that there may be a certainty in it 1. As to the persons of the Slanderer and Slandered 2. As to the manner of the utterance of the words and charge of the Slander 3. And as to the thing wherein the Slander lies the which also must be such a thing as for which the Law doth give this Action And for the first of these as to the manner of Publication and Contrivance For the manner of contrivance of the slander Sect. 1. of the Slander take these things 1. If a Minister in a Certificate to his Ordinary wherein hée is bound to certifie other matter shall insert scandalous matter this is actionable Words in a certificate Reads Case M. 7. Jac. B. R. 2. A Libel may have and contain such matter in it as may give advantage to the party slandered by it to bring this Action and therefore to In a Libel write a Libel of Slander in Paper and affir it to the Church door men going to the Church is actionable 17. Ed. 4. 3. lib. 13. sect 4. 3. To write a Letter in private sealed wherein is matter of Slander is actionable And yet if the Writer shall deliver it to him who is slandered In a Letter in his own hands perhaps it may be otherwise Hobb Rep. 63. M. 9. Jac. B. R. In the Lord Lumley and Hoods Case It was agréed That where Ford in a Letter written by him had written It is reported the Lord Lumley seeketh my life and in truth it was not reported this is actionable Leonard 187. Bulstr 3. Rep. 225. 4. To speak the words in a mans ear and by him kéep counsel is actionable M. 9. Jac. B. R. Hob. Rep. pl. 63. Words uttered by a Counsellor in pleading 5. If a Counsellor give in evidence and enforce any thing in his Instructions for his Client against his Adversary or against the Testimony of a witness albeit it be false if it be pertinent to the Case in question which hée must look to this is not actionable But if it be not pertinent to the issue or matter in question it will be his wisdome to forbear it for if not true or if true and not pertinent hée may be sued for it in this Action So if hée shall speak the words at another time and in another place Mich. 31. Jac. B. R. Brook Versus Mountague And if the slander be by this information of his Client the Client may be charged in this Action for a slander thus published Croo. 9. 90. And yet by Glin. ch Iust B. R. It was said That if a Counsellor speak scandalous words against one in the defence of his Clients Cause no Action will lye for this for hée doth but his duty and it shall bée intended to bée spoken according to his Clients Instructions Styles Rep. 462. 5. If the Slander be contrived by way of Iudictment Articles exhibited By way of Indictment to procure one to be bound to the Good Behaviour or otherwise in a course of Iustice it may be actionable But for this know That this Action will not lye for any thing that is said that may reflect upon another if it bée said or done in a way of Iustice without any malicious intent As where a Defendant in a Spiritual Court amongst exceptions put in against the Plaintiffs witnesses one of them is that such a one of them was perjured so if one bring another before a Iustice upon a suspition of Felony that is false And where one doth exhibit a scandalous Bill in a Court that hath Iurisdiction of the Things and they be false or a man in pleading say such a man was Bankerupt and so hée seized his goods under a Commission and the like So where a witness doth give in evidence Bankerupt only So for indicting a man for Felony where there is ground for it although it be false So for suing of a Writ of Forgery of a false déed Forgery so for to make a false Affidavit in Chancery by which a man is imprisoned So for to put a slanderous Complaint into the hand of a Member of Parliament no Action will lye for any of these things Noys Rep. 116. In Godb. Rep. pl. 333. Kelw. 26. Dyer 2. Coo. 4. 14. Pasch 3. Jac. B. R. Marsham Versus Pescod Croo. 1. part last publisht 230. 247. Dyer 285. But if a man shall so accuse a man in a Court that hath not jurisdiction Sect. 2. of the thing whereof the party is accused or insert other things amongst things wherein it hath jurisdiction or speak of other matters which do not â—n a Court of â—ustice concern himself but others with which hée hath nothing to do As when the Star-Chamber stood if one had charged another person a stranger with matter of slander Or had charged another there in a Bill of Piracy Murther or the like wherewith the Court had not Iurisdiction as Sir Richard Buckly was charged by a Bill in the Star-Chamber to be a maintainer of Pirates Théeves and Murtherers and a Procurer of Pirates