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
Action upon the Case FOR SLANDER OR A Methodical Collection under certain Heads of Thousands of CASES Dispersed in the many Great Volumns of the LAW of what words are Actionable and what not And of a Conspiracy and a Libel BEING A Treatise of very great use and consequence to all men especially in these times wherein Actions for Slander are more common then in times past With an exact Table annexed for the ready finding out any thing therein By W. Sheppard Esq. LONDON Printed for Ch. Adams J. Starkey T. Basset and are to be sold at their Shops at the Talbot in Fleetstreet the Mitre neer Temple-Bar and in St. Dunstans Church-yard in Fleetstreet 1662. TO THE Right Honourable the Lord Chief Justice of the Court of the Kings Bench The Lord Chief Justice of the Court of the COMMON PLEAS The Lord Chief Baron of the Court of the EXCHEQVER And the rest of the Reverend Judges of the same COVRTS Honourable Lords and Reverend Sages of the LAW TO whom should I present this Peece but to Your Selves And of whom should I begge the Patronage thereof but of Your Selves The Work being about the LAW and nothing else but the Grave and Learned Judgements Resolutions and Opinions of Your Eminent and learned Predecessors By which they being dead yet speak And though it must bee confessed that neither the Authour nor the Work have any thing in them to merit Your Approbation yet Your Goodness and condiscention will be the more eminent and singular in affording both him and it Your Countenance and Protection and lay greater Obligations upon Your Lordships most humble Servant W. SHEPPARD To the READER Judicious Reader IT is not improbable but we are faln into the last age of the World foretold by our blessed Saviour Wherein the love of many shal wax cold and Iniquity shall abound And among the abounding Iniquity of this Age the iniquity of the Tongue that little Member set on fire by Hell is not the least And among the evils of the Tongue is there any more pernicious and deadly and yet more common and epidemical then Backbiting and Slander May wee not now say with the Prophet Jer. 6. That men walk with Slanders And with the Royal Psalmist Psal 50. Thou sittest and speakest against thy Brother and Slanderest thine own Mothers Son It is true that in former times wee finde Actions of the Case for Slanderous words very rarely brought which speaks thus much that such words were then very rarely spoken But in these daies they are become almost as natural to men as their language and discourse and therefore the disease so deeply rooted and over-spreading calls for the application of the Remedy which our Law doth abundantly furnish us withall And hence it is I have been encouraged to ingage in this work which is nothing else but a naked and Methodical Collection of the remedies prescribed by the Law against this Malady And herein for brevity sake you may finde in some Rules in the first and in some especially in some of the last Examples answering to those Rules in the last Chapter of the Book an Epitome of the whole work Wherein we have thought it best to name amongst others of more Authority some of the Cases in the Books of uncertain Authors lately published and leave the same to the Judgement of the Reader You may perhaps finde herein some seeming Impertinencies Superfluities Contradictions and vain Repetitions the which upon mature Deliberation will bee found otherwise And there will bee doubtless by reason of the shortness of time and haste of the Press many Erratas of mine and the Printers escaped But this notwithstanding I doubt not but it may bee found very usefull to the ends I have proposed to my self therein viz. For Lawyers to lead them to the Cases that they shall have occasion to look after therein For others to teach them to set a watch before the door of their Lips And if now you will but cover the Defects of the work and accept of the pains of the Author this is all that is desired by your Friend a lover of his Country and well wisher to the Laws thereof W. SHEPPARD THE CONTENTS OF THE Chapters contained in this BOOK Chapters Pages 1 OF an Action of the Case in general 1 2 Some general things of Actions of the Case for Words 3 3 Of the Slander of a Title to Land 14 4 Of the Scandalum Magnatum 16 5 Of Actions for Slanders of all kinds 19 6 Of words of Slander about matter of Treason 32 7 Of words of Slander about matter of Murder 35 8 Of words of Slander about matter of Witchcraft 40 9 Of words of Slander about Rape Sodomy Buggery and house-burning 42 10 Of words of Slander about matter of Theft 43 11 Of words of Slander that may bring a man in danger of other corporal punishment besides death Of Petit Larceny 60 12 Of Perjury 61 13 Of Forgery 66 14 Of words of Slander about matter of Incontinency 68 15 Of other words importing some charge of transgression of a Penal Law 71 16 Of words Spiritual Passionate and Vain for which no Action is given 74 17 Of other words that have another import in them 75 18 Of words that hinder ones Preferment 77 19 Of words importing a charge of Deceit and Couzening 79 20 Of scandalous words that relate to men in their Offices Professions and places of Trust 82 21 Of scandalous words that relate to men in their Trade and VVay of Living 94 22 Of an Action of the Case for a Conspiracy 100 23 Of Pleadings in Actions of the Case for VVords 106 24 Of a Libel 115 25 Some Cases for the illustration and confirmation of all that is before laid down in the whole work 117 Advertisement THere is in the Press an Exact Collection of Approved Forms of Judicial Writs fitted for the use of all Practicers in the Court of Common-Pleas Collected by a very able hand And to be sold by C. Adams I. Starkey and T. Bassett at their Shops in Fleetstreet ACTION OF THE CASE CHAP. I. Of an Action of the Case in general Action of the Case AN Action of the Case is a Writ brought against one What it is Sect. 1. for an offence done without force as for not kéeping promise for breaking Trust for slanderous words or the like Misdemeanour And is called an Action of the Case because the whole Cause or Case so much as is in the Declaration save only the time and place is set down in the Writ And there is no other Action given in the Case save only in some few Cases where the Plaintiff hath his choice to bring this or some other Action This Action is sometimes about Defamations or Slanders and this may How many kinds of it there be be by words spoken Or it may be by a déed done By words spoken it is either for words spoken against the Title of a mans
doth prosecute another upon an Indictment by constraint or compulsion in a Court as where men are obliged to it by their Oath or Office as Iustices of Peace or Iurors sworn to present such offences or witnesses called to testifie their knowledge of such things or one that doth come into a Court voluntarily and there discover one that is a Felon indeed and yet if it be voluntary at the first and after compulsory it may be unlawful and actionable And yet if one shall come into a Court voluntarily and discover Felonies and it be true which hee doth discover and this be without any malice precedent no Action will lye for this So if one come into a Court and by the command of all or one of the Iustices draw or procure to be drawn an Indictment or if being bound to prosecute hee do so and cause an Indictment c. Or if hee be bound to give in evidence and hee do so or hee do give false evidence this will not make him liable to this Action 27. H. 6. 12. 35. H. 6. 14. 27. H. 8. 2. Fitz. 115. Leonard Rep. 107. For if this Writ should lye against one that comes in only to swear to the truth of an Indictment then would no man come in to do it Coo. 4. 14. Bulstr 1. part 185. Porter and Griffins Case B. R. This Action lieth not against a Iuror or witnesse that comes into a Court to be sworn Coo. 9. 55. And if a Witnesse or Iuror had conspired out of Court and the Witnesse had sworn or the Iuror had given a corrupt verdict upon a Conspiracy before out of Court they might have been punished in the Starr-Chamber Coo. 2. 23. 24. And so also of the Iudge or Iustice of Peace But neither Iudge nor Iury nor Witnesse will bee liable to this Action by our Law in such a Case Coo. 12. 23. 24. 12. Ed. 4 18. 21. Ed. 3. 17. 7. H. 4. 31. 35. H. 6. 14. 20. H. 6. 5. F. N. B. â—15 And yet if there be just cause as that in truth there is a Felony committed and any man whatsoever shall complain to a Iustice of Peace of it and thereupon hée that doth complain is bound over to prosecute which is the ordinary course and thereupon hée doth prefer an Indictment and prosecute c. this is not actionable Croo. 2. 32. 130. 191. Bulstr 1. part 150. 5 The procéeding and prosecution must be malicious for an unjust revenge as well as voluntary For if one man do prosecute another in this way upon good ground as where a Felony is done and there is some cause of suspition of that person more than another either by the common fame or otherwise as where a man is robbed and the next Village upon Hue and Cry doth make pursuit and take a man whom they have in suspition and thereupon the party robbed doth indict that man and upon the Indictment in his Trial he is acquitted Or a Coroner after a murder sitting super visum corporâ—s cannot finde out the murder and then enquiring of the first finders of the body they present that J. S. killed him and thereupon hée is indicted and acquitted these proceedings shall not be said to be malicious nor are they as punishable by any Action as in case where it appears he doth begin and prosecute his work maliciously And whether there be malice or not in such a prosecution must be iudged by Circumstances as his manner of prosecution speeches and the like and a Iury only must determine it Bulstr 2. part 2. 84. Broo. Couâ—p 4. Coo. 9. 55. Croo. 2. part 191. 194. Bulltr 2. part 269 Leonard Rep. 107. pl. 146. Bulstr 1. part 149. Croo 1. part 96. Croo. 1 part last publisht 724. 6 It hath been held by some Iudges that it ought not only to be maliciously contrived but it must be false and that if the party be guilty of the Crime whereof hee is accused and for which hee is prosecuted that this Writ will not lye By the two Chief Justices and Lord Chancelour Sed Quere if this may not admit of some exception Huttons Rep. 73. If one be robbed by persons unknown and one of the Theeves had a white Horse and brown Cloak and was like to the Plaintiff and upon this was apprehended and prosecuted this was held lawful and that this Action did not lye for it So where the Daughter complained to the Father shee was ravished by J. S. but was not so and thereupon hee did prosecute him that no Action lay for this So in like cases where there are good and seeming probabilities a man may prosecute another after this manner and justifie it albeit the party accused be innocent and the thing false But if there be no probabilities in the Case or the Iustice in his examination finde no cause to binde over and yet hee proceeds Bulstr 1. part 149. 150. 185. Godb. Rep. 203. Huttons Rep. 73. Bulstr 3. part 331. And in this it is said that if the Charge and Accusation be true but in part as where the Writ doth suppose a man to indict him for murder and it was upon his Arraignment found that hee did kill the man but that the killing was per infortunium or se defendendo in this case the Writ will not lye Fitz. Consp 21. Stamf. lib. 3. cap. 12. 7 The party indicted or appealed must be legittimo modo acquietatus Sect. 3. Acquittal by pardon that is he must be acquitted upon his Trial by the Petit Iury after an Indictment found by the Grand Iury or if hee bring an Appeal be non-suit or the like And therefore if the Acquital be by a general or particular pardon or hee is discharged for the insufficiency of the Indictment and no Iudgement be given upon it or the party is indicted and an Ignoramus is found upon the Bill in all these Cases this Writ of Conspiracy will not lye Croo. 2. 131. Bendloes Rep. 152. Yelvertons Rep. 161. Brownl and Goldsb 10. 9. Ed. 4. 12. F. N. B. 114. Coo. 7. 45. 41. And yet the last of these Cases upon an Ignoramus found is doubted of by some and the contrary said to be twice adjudged 41. Eliz. B. R. 20. Jac. And for the general Pardon hée is to plead it and the Iustices are to allow of it Brownl 1. part 9. Bulstr 1. part 150. 151. Croo. 1. 208. Dyer 28. 85. Goldsb 51. 8 The Prosecution must be about some criminal matter that may bring a scandal upon him for if it be but a matter of Trespasse only no Action will lye for this Stiles Rep. 157. 9 This Action may lye for procuring one to be indicted although the party himself do it not for one may exhibit a Bill to the Grand Iury without oath Stiles Rep. 10 To encourage one that is robbed to cause the suspected Felon to be indicted and to accompany him to the Assizes is lawful to do and will not bring one in
double intendment doubtful meaning or the like no Action will lye upon them It is therefore agreed That if I have Land and am about the sale of Sect. 2. it in treaty with another or about to settle it on a Marriage and one that hath nothing to doe with it or makes no title to it shall say That I have no title to the Land or I have no right to it or I can make no good estate of the Land or that it is anothers Land or that another hath such an estate in it and set forth such a one as will disable the estate that I am now about to make this is Actionable As if I bee a Copy-holder for life of Land in a Mannour and the Lord is making a Lease of it after my life and is bid five hundred pound for it and I shall say I have a Lease for years of it after my life made by a former Lord this will be Actionable Coo. 4. 18. Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Croo. 2. 163. Yelvertons Rep. 88. Croo. 1. 99. But if it be so that I have only a purpose to sell it or to settle it upon Children and any man speaks such words about it this will not bear Action Croo. 2. 397. 337. 444. Pophams Rep. 187. Owens Rep. 32. Croo. 1. 99. And if one that claimes this Land as his owne shall say It is my Land or I have a Lease of it or the other hath no estate in it or hath no right to it or the like this is not Actionable Coo. 4. 18. so if I pretend Title to Land as Heir and another claims it as Heir and I say He is a Bastard and I am next Heir this is not Actionable Coo. 4. 17. Yelverton Rep. 80 88. And if a Counsellor shall say That his Clyent hath the better right to the Land or shall use other words in the course of his pleading pertinent and necessary to be said in order to the advance of the cause no Action will lye for this Coo. 4. 17. Trin. 25. Eliz. B. R. Banisters case If I have a Copy-hold of Inheritance within the jurisdiction of the Court of another and he saith That I have not any Title to those Lands if by this I have no special prejudice no Action will lye for it Croo. 1. 99. and yet if such a one that hath no Title to nor estate in it himself shall say that another hath an estate in it or title to it who hath no good but hath a colourable estate or title in it this will be Actionable so it is to say in such a case I know one that hath a Lease of the Land and hée will not part from it at any rate Mich. 37. 38. Eliz. B. R. Pennimans Case Mich. 20. Jac. Elborrows Case Croo. 1. 99 100. Croo. 2. 397 422 642. Croo. 4. 17. Coo. 1. 175. And if two have Leases of the same Land and hée that hath the last Lease which is not good shall say That the Land is his and the others estate is not good this is actionable Coo. 1. 175. Coo. 4. 18. And if I be about to sell my Land and J. S. shall pretend to and shew a Lease of it and it is counterfeit and hée know it to be so this is actionable Coo. 4. 18. So if a woman shall publish a Lease of the Land of another as made by her Husband and shall know it to be forged if by it the party have any special loss hée may have this action Coo. 4. 18. So if I bée about to sell my Land and another man shall say the Land is conveyed to J. S. and is his Land or that hée hath a Lease of it for years or the like this is actionable And so it is albeit there be a conveyance or Lease made to J. S. in truth if it bée not a good Conveyance or Lease in Law Coo. 1. 175. Coo. 4. 18. But for these words I had rather to buy the title of the younger Brother than of the elder Brother and the Plaintiff and that hee had seen an Indenture to lead the uses of a Fine whereby it did appear that the Plaintiff had no authority to sell the Land no Action will lye Crush vers Crush M. 3. Jac. B. R. And so it hath béen agréed That an Action will lye in the Cases following To say a man is a Bastard and not a rightful Heir to Land As I have Land as Son and Heir of J. S. and another shall say of mée I am a Bastard if by this I suffer any special prejudice there is no doubt I may have this Action against him Croo. 2. 642. And if I bée Heir apparent to my Ancestor who intends to settle his Land upon mée and by occasion of these words hée doth give it away from mée I may have this Action against him that speaketh the words Croo. 2 Bastardy 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. Nay it séems the Law is That if one shall say of mée that I am a Bastard albeit I do not claim any Inheritance or to be Heir to any one person in certain and albeit I have not any present or special damage by it yet that these words are actionable Croo. 2. 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. And if I have but a remote possibility of Land as where an entail is of Land on my Father and the Heirs of his body whereof I am the youngest of many and hée is about the sale of this Land and I am bid mony for this possibility and then one shall say of mée I am a Bastard and after that the Purchaser refuse to give mée any thing for my possibility in this case I may have this Action against him for it Croo. 2. 213. Godb. Rep. 421 451. pl. 519. CHAP. IV. Of the Scandalum Magnatum SCandalum Magnatum is a wrong done to some eminent person of the Scandalum Magnatum What. Land as Duke Earl Baron Chancellour Treasurer Privy-Seal Justice of the one Bench or of the other by false news or false messages whereby debates and discords betwéen them or any scandal to their persons Sect. 1. may arise Stat. 2. R. 2. chap. 5. Westm 1. chap. 34. In this Case the party defamed may have his Action in the name of the The punishment of it King and his own Name upon the Stat. of 2. R. 2. And hereby shall recover damages for the wrong and the party may also be otherwise punished And if the slander be divulged in the nature of a Libel it is punishable by Indictment and great Fines are imposed for this offence for that the reproach of such persons is the reproach of the King and State it self Coo. 5. 125. Old Book of Entries 593. Crompton Jur. 35. 19. 13. For the knowledge of this wherein this Action is given to a great
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
Lord Lumley hath gone about to take away my life against all Christian dealing Coo. 4. 16. 15. Hext Case which seems in the case and reason of it to be against these cases So for this My Lady Cockin offered to give poison to one to kill the childe in her body 32. 33. Eliz. Coo. 4. 16. See in this Bulstr 2. part 206. So for this If I had consented to Mr. Cardinal T. H. had not been alive or had been dispatcht out of the way Cardinals Case Coo. 4. 16. So for this A. did prepare poison to kill mee Yelvertons Rep. 90. But it is said it will not lye for this Sir Francis Beamont did come to the house of Sir John Harper and that hee and his servants went about to kill Sir John Harper and that hee did maintain them and that Sir John Harper may not have this Action for this But if hée say hée did maintain them to that intent or that any thing were done that way it might happily be actionable Bulstr 3. part 167. And so generally in all cases where the words do import an intent joyned with any overt Act of Attempt or Endeavour there the words will bée actionable But a Charge of an Inclination or Purpose only to do a murder without any Act of endeavour or attempt is not actionable Coo. 4. Inclination or purpose only 18. And therefore it would not lye for this He gave his Champion counsel to make a Deed of Gift of his goods to kill mee and then to fly out of the Country but God preserved mee Coo. 4. 18. Bulstr 2. part 206. And it is said it hath béen held not to lye for this Thou wouldest have killed mee Trin. 4. Jac. B. R. for this is only punishable in case of Treason Croo. 2. 407. Hobb pl. 152. 180. Nor for this Shee would have cut her husbands throat Lanes Rep. 98. Bulstr 2. part 206. Nor for this Hee had a minde to have killed mee Bulstr 2. part 206. Incertainty in words General words Nor for this Hee hath killed a man For this hée may do as a Minister of Iustice or in the wars or se defendendo c. Trin. 17. Car. B. R. And yet see the contrary before Sect. 1. Croo. 2. 352. 438. Coo. 4. 16. Nor for this Thou hast procured a perjured Knave to seek my blood Words general and incertain 32. Eliz. B. R. Sir Edward Hastings Case In Hobb Rep. 196. 332. Nor for this Thou wert the death of J. S. or thou wast the cause of his death or thou wast the cause that hee hanged himself or cut his own throat Croo. 1. last publisht 239. See in Hetleys Rep. 70. Nor will this Action lye for such words as these Thou seekest my life Coo. 4. 15. Yet see before some Cases that séem to contradict this Nor for this Hee seeketh my blood Sir Edward Hurtburies Case See March of Slanders part 2. 6. Nor for this Thou wentest about to poison a childe Eatons Case Nor for this Hee smells of the Murther of J. S. Dyer 317. Nor for this To say of one that is dead J. S. was the cause of his death and I will swear it on a Book And yet if the discourse which occasioned the words were about the Murther of him that is dead the words are more dangerous Bulstr 2. part 10. 11. For in all these latter Cases the words are too general and incertain to maintain the Action It is said it will lye for these words Thou hast poisoned J. S. And Sect. 4. this albeit hée be alive or it appear hée is alive For poison may break out upon him and hée may escape In Bulstr 1. part 42. In Yelvertons Rep. 21. So for this Thou didst poison J. S. and it shall cost mee a hundred Poison pound or I will hang thee for it New Book of Entries 25. Yet see Hobb Rep. pl. 11. And there it is held that it must be said that hée did it willingly or it is not actionable It is said it will not lye for this A. B. gave C. D. mony to shift him away as soon as he had killed R. T. Parrants Case B. R. Quere of this But it is held that the Action will not lye for these words Thou hast Words of contradiction killed my Wife and art a Traitor for it Nor for saying thou hast killed thy Wife for the words import that shée is alive at the time of the words spoken But otherwise perhaps it may be if shée be re vera dead and the Plaintiff do set it forth to be so in his Declaration Coo. 4. 13. 16. Hill 39. Eliz. Co. B. Bulstr 3. part 167. Pasche 5. Jac. B. R. Holt and Taylors Case So it is in other Cases when it doth not appear in an Action brought for such words importing a Charge of killing another that the party it is said hée killed was dead at the time of the words spoken In Hobb Rep. 8. Trin. 17. Car. 1. Co. B. Nor for this Thou art a blood-sucker and seekest my blood Nor this Blood-sucker Hee is a blood-sucker not worthy to live in a Common-wealth and his childe not born is bound to curse him As it is reported by Noy 64. and in Popham 177. Nor for this Thou art a cut-throat In Bulstr 3. part 265. Cut-throat Nor for this Thou art a companion of cut-throats Croo. 1. last publisht 554. But upon this head this also is to be known 1 That in some of the Cases and for some of the words herein said not to be actionable if so it be that the party of whom they are spoken have any special damage by them hée may perhaps in such a case have an Action for the words 2 In all the Cases before named and in other Cases of like nature with the words before mentioned that are actionable words the Plaintiff is not bound to set forth in his Declaration any special losse hée hath sustained by the words for the Action is maintainable without it 3. That in all the Cases of actionable words they must be under the general Rules viz. the words they must be false malicious particular univocal positive and certain and such as import some Act done For if they do not appear to be so but they be true or spoken in a way of Iustice or the like that they appear not to be malicious or be altogether incertain either in the person or thing or be under a qualification by other words spoken at the same time or import only an intent to do something but nothing is done or the like no Action will lye upon them 4. That the Plaintiff in his Action brought for such words as these is Averment not bound to say or set forth that the Charge by the words did import a malicious voluntary or willing Murder or that the party said to be murthered is dead or died within the year But this is certain That where
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
is a corrupt Officer or hee is a corrupt Man if it be spoken with reference to For matter of corruption his Office Coo. 4. 14. 16. 19. So for this Hee gave a corrupt sentence in such a cause Popham Rep. 35. Popham 177. Hobb Rep. 35. So for this Hee doth not administer true Justice Croo. 1. part last publisht 358. So for this He dealeth corruptly So for this Hee is a false Judge or hee is a false Justice of Peace or hee taketh bribes Coo. 4. 16. Broo. 112. So for this Hee is a lewd Justice of Peace Croo. 1. part last publisht 158. So for saying of such a one Hee is a Felon or hee is a common Barretor Fellon Barretor Champertor Maintainer of Suits Extortioner or hee is a common Champertor or hee is a common Maintainer of Suits or hee is an Extortioner or hee hath committed Extortion or the like Hobb Rep. pl. 145. 188. Goldsb and Brownl 11. 30. Ass 19. Popham Rep. 35. Kitch 173. So for this Hee is a Basket Justice a partial Justice I will give him five pound a year for his gifts about Justice matters And yet it is said in this Case that none of the words but partial Justice are actionable Croo. 2. 90. So for this Hee took forty shillings for a bribe Yelvertons Rep. 142. So for this You have extorted twenty shillings above your due fees Stanleys Case Pasche 14. Jac. Coo. 10. So for saying of such a Iudge or Iustice Hee covereth and hideth Felonies and is not worthy to be a Judge or Justice of Peace So for this you cover and hide felonies Dyer 72. Stuckleys Case Pasche 7. Jac. B. R. Coo. 4. 16. So for this There is a Nest of Theeves in Dale and Sir John Bridges is the maintainer of them Pophams Rep. 180. So for this You out of malice and spleene have perverted Justice and have wrested the Law many times to serve your own turn And in this Case there was no Averment made in the Action that the words were spoken with reference to his office Beamond versus Sir Henry Hastings Averment Mich. 7. Jac. B. R. Bulstr 1. part 96. Croo. 2. 241. So for this Hee is but a half-eared Justice hee will hear but on the one side Croo. 1. 162. So for this Hee can hear but with one ear Chomleys Case Hetley Rep. 123. So for this You are a sweet Judge or Justice of Peace you sent your Warrant for J. S. to be brought before you for suspition of felony and afterwards sent J. D. to give him warning thereof that hee might absent himself Burton versus Tokin Croo. 2. 143. 413. So for saying these words I have been often with him for Justice but never could get any at his hand but Injustice Croo. 1. 9. So for this You are an Ambodexter and you take mony on both sides M. 2. Jac. B. R. Dawtries Case So for this Sir William Buttons men have stoln sheep and hee spoke to mee not to prosecute them Popham Rep. 180. So for this Hee hath been the cause of the over-throw of a hundred men by false and subtil means In Brownl 2. part 299. March Rep. 8. So for this A. being arrested as accessary of Felony Mr. Stafford Innuendo the Plaintiff knowing thereof discharged him by agreement of Sect. 2. three pound to which Mr. Stafford was privy whereof thirty shillings was to be paid to him and was paid to his man by his appointment Trin. 36. Eliz. B. R. Croo. 1. part last publisht 536. So for this Hee hath received mony of a Theef that was apprehended and brought before him for the stealing of certain sheep to let him escape and to keep him from the Gaol Pasche 17. Eliz. B. R. Brownl 1. part 11. Cottons Case So for this said of a Iudge that had given his sentence in a Cause betwéen the Defendant and another That the same sentence given by the Plaintiff Innuendo c. was corruptly given Croo. 1. last publisht 305. So for this Mr. Gilbert hath done mee wrong in returning the Recognisance of Podger in twenty pound where it was taken in ten pound and the Sureties in ten pound a peece Pasche 4. Jac. Gilberts Case B. R. So for this Thou hast forged a Recognisance taken before Fisher and others Croo. 1. part last publisht 883. So for this said where upon Articles upon Oath before the Iudge or Iustice against mée I say By your means I had wrong at the Sessions for you caused Hickman to swear against mee that which was not true Innuendo the said Oath Croo. 2. 308. Yelvertons Rep. 221. So for this Mr. H. did put in of his own head these words into an examination taken by him viz. J. S. did steal twenty sheep of such a mans And for saying this further of the Iustice Hee is a debauched man and not fit to be a Justice of Peace But it was said the Action did lye for the first and not for the last words Stiles Rep. 22. So it séems for this where one is arraigned and acquitted of a Felony and the prosecutor shall say if A. and B. had done Justice C. had been hanged for robbing mee And that for this A. B. and C. may have this Action For Matter of Ignorance This Action will lye for saying of a Iudge Iustice of Peace or such like Officer He hath no skill in his office Hill 16. B. R. But this Action will not lye for such a person where a discourse is about For other Matters him as to his body and health and therein one of them shall say Hee is a corrupt man Nor where the discourse is about his Estate and therein one of them shall say Hee is a Bankerupt Nor where a discourse is about his Words of Qualification Vsury or his fraud in an executorship and therein one of them shall say Hee is a corrupt man or hee is a false man or the like And therefore in these and such like Cases where the Plaintiff shall set forth but part of the words of the conference the Defendant must set forth the occasion of the words by the rest of the conference Coo. 4. 14. But if the words bee spoken without any such references as in the Case before they will bée Actionable for they shall bée so intended and taken in the worst part Hob. Rep. pl. 351. Nor will this Action lye for this You do openly maintain and countenance the worst people against Gods Laws and the Queens Croo. 1. part last publisht 297. This Action also will lye for such an Officer for this Hee is not worthy Hee keeps a Baudy house to bee in such an Office for hee keeps a common Baudy-house in London Simpsons Case Bulstr 1 part 138. So for this said to such a one You are no true Subject Or for this said to his man Thou servest a Master that is no true Subject Croo. 2. 202. So for this Hee and
or not malicious nor subject to qualification by other words they may not be Actionable 4 The Attorney it séemes is to shew in his Suit that hee was an Attorney at the time of the speaking of the words This Action will lye for saying of a Constable Hee is a concealer of Of a Constable Sect. 10. Felons Pridhams Case Pasche 7. Jac. B. R. So for this Thou hidest or coverest Felonies So for this Thou favourest Felons Stuckleys Case Pasche 7. Jac. B. R. and Bondmans Case But it is doubted whether it will lye for this said of such an Officer Thou art a bribing Knave and hast couzened the Parish of W. in Rates Couzening of thirty pound Hetleys Rep. 36. This Action will lye for over-séets of the poor of a Parish for these Of Over-seers of the poor words said of them viz. of any such Officer He hath couzened the poor of their bread March Rep. pl. 135. 9 Jac. B. R. but some deny this Case to be Law but the words have a verbal sound So for this spoken in relation to his office That he is a cheating Knave and hath couzened the Parish of forty pound Stiles Rep. 388. Couzening So it is said to lye for this Thou dost make Loanes Taxes or Assesments thy self and makest five quarters in the year and dost cheat and couzen the Parish Stiles Rep. 394. Some say it will lye against such an Officer for these words He hath Couzened the poor of their money others deny it but certainly they have the import of a foule aspertion in them 9 Jac. B. R. It will not lye for saying of such a one Hee is a notorious Lyer and Couzener and hath deceived the Parishioners of H. of five hundred pound and I will teach him to deceive me of my house Croo. 2. 619. It is said this Action will lye for saying of the Churchwardens of a Parish Of Church-wardens such like words as these of one of them He hath couzened the poor of their Bread or he hath couzened the poor of their Money But others oppose this 9 Jac. B. R. It séemes it will lye for this spoken of such an Officer in relation to his office That he is a cheating Knave and hath couzened the Parish of forty pound Stiles Rep. 388. 394. But it will not lye for saying of such an Officer He is a notorious Lyer and Couzener and hath deceived the Parishioners of A. of five hundred pound and I will teach him to couzen me of my house Croo. 2. 619. This Action will lye for a Churchwarden for this said of him that had made his presentment at a Visitation Thou hast perjuredly presented me at the Visitation before I. S. official Croo. 2. 80 81. 120. It wil not lye for these words spoken of a Scrivener Thou art a Rogue For a Scrivener Rogue Couzener Cut-purse Of a Measurer or Surveyor of Land and a Cony-catching Rogue a couzening Rogue a Cut-purse Croo. 2. 536. Nor for this He made false writings Croo. 2. 536. This Action will lye for a Mathematical Measurer or Surveyor of Land a Geometrician or a Mathematician for any words spoken of him to scandalize him in his Art Faculty or Profession as to say of him He hath no skill in his Trade or that he is a cheater in his Trade or that he is a couzener in his Trade or that he is a cheating Knave and that I can Cheater prove But this must be for a man that is learned and doth his work by his Art for if the words be spoken of one that doth measure by the poll only it seems they are not Actionable Goldsb Rep. 278. Hill 16. Jac. B. R. Londons Case Croo. 2. 504. It will lye also for a Surveyor or measurer Couzener of Land that gets his living by it for these words said of him Thou art a couzening and shifting Knave and a cheating knave Croo. 2. 504. This Action will lye for saying of a Commissioner that hath a Commission Of a Commissioner Sect. 11. to examine Witnesses and to hear and determine a matter in Chancery That he is a corrupt man or that he hath taken bribes of R. K. and for saying after King hath set Sir George Moore on horse-back with bribes whereby to defraud Equity Justice and good conscience and Popham took no difference to bee where the Commission is to one and where to many and where the Commissioners bee named by the Court and where by the Parties or either of them Sir George Moore and Fosters Case So likewise for Commissioners that have a Commission to examine witnesses out of the Exchequor And it is adjudged to lye for this said of a Commissioner that had a Commission out of the Exchequer to examine Witnesses That he had returned as the Depositions of Witnesses into the Exchequer the Examination of divers who were never sworn Croo. 1. part last publisht 623. This Action will not lye for the Mayor of a Town for saying of him That he hath couzened all the Town 8 Car. B. R. Mayor of Tivertons Of the Mayor of a Town Case This Action will lye for a publick Weigher in a Market Fair or Town Of a publick Weigher in a Town that is a publick Officer there for these words That he hath done corruptly of that hee hath taken bribes to make false Weights or the like by Williams Justice This Action will not lye for saying of a Bayliff That hee had made no Of a Bayliff true Accompt Bulstr 2. 218. This Action will lye for saying of A. B. Clerk to the Company of Merchant-Taylors Of a Clerk of a Company in London these words Before A. B. came to the service of the Merchant-Tailors hee dwelt in Shrewsbury and setthe Town together by the ears and so long as hee was there they were never in quiet but afterwards they lived quietly and he being Clerk to the Merchant-Tailors was of consent and counsel with W. G. to deliver the Books of the Corporation which hee had in his keeping to the intent that thereby some of the Lands of the same Corporation might be found concealed Croo. 1. part last publisht 358. But if one shall say of another that is an Officer without any precedent Communication about his Office Place Trust or Profession That Couzening Incertainty hee is a couzening and cheating Knave or that hee hath couzened and cheated any man thus and thus this is so general and incertain that no Action will lye for it March of Slanders 1. part 72. 73. Out of all which Cases touching Officers and such like persons imployed as in the Cases before That hée that will charge a man for words spoken against another for any thing tending to defame him in his office or place of Trust these things must be in the Case 1 The words must be spoken of him generally and then will be by construction of Law intendible as spoken to or
whereas it should have been prefat I. S. Innuendo and this was amended by the Court Croo. 2. 157. As to this Question these things are to be known Where the plea in Bar or Verdict of the Jury will help to maintaine the Declaration and Action or not 1 That the Writ and Declaration must set forth that the words were spoken in auditu or in presentia quamplurimorum subditorum c. otherwise it is not good and the Defendant may take advantage of it but if hee doe not except against it but plead to it and it bee put to a Iury that doth finde for the Plaintiff this may haply supply that defect Croo. 1. 65. 144. 2 That where the words supposed by the Declaration are That Eyres Innuendo the Plaintiff is a Theef And hereupon the Iury doth finde it for the Plaintiff this is good and doth make the incertain words certain and actionable Eyres Case M. 7. Jac. B. R. So if one say to another of a woman passing by shee is a Witch and Sect. 6. hath bewitched my childe Innuendo the Plaintiff and verdict is given for the Plaintiff now it is out of question Pasâ—he 18. Jac. B. R. Roberts Case 3 That where the words that are found by the Iury do not agrée with the words in the Declaration in the substantial and essential form in this Case they will not warrant and maintain the Declaration But if they do agrée in the substantial and essential form though they agrée not in every word yet they may warrant the Declaration and maintain the Action Hobb Rep. pl. 213. M. 4. Jac. B. R. Hill 3. Jac. B. R. Dyer 21. 75. And although all the words in the Declaration be not found yet if the essential and substantial form of the words be found it will be good enough Dyer 21. 75. 4 In this Action for words upon not guilty pleaded the Iury found the words laid in the Declaration to be spoken by the Defendant of the Plaintiff The words were these Thou art a Theef and I will prove thee so And the Iury finde that hée spake the words de Querenti not in his presence but in his absence and so finde it specially And it séems it might be good Bulstr 1. part 56. 5 In this Action against a Husband and Wife if the Iury finde the Husband guilty and the Wife not guilty and a verdict be found in the Case And albeit that the Declaration be naught it now is holpen by the verdict and the Plaintiff may have Iudgement Stiles Rep. 350. 6 If the Action be brought by the Plaintiff against the Husband and Wife for words spoken by the Wife and the Iury finde the Wife guilty this is good and the Iudgement shall be against them both Stiles Rep. 460. Brownl and Goldsb 7. 7 The Count was that the words were spoken falso malitiose and Sect. 7. the Iury found it falso injuriose And it was agréed to be naught and that they were not actionable Trin. 7. Car. B. R. Norman and Simons Case 8 The Count was that the words were That hee is a maintainer of Theeves and a strong Theef And the Iury found all the words but the word strong And it was adjudged for the Plaintiff Burgis Case Dyer 75. 21. 9 The Count was That John Barker and his children be false Theeves men cannot have their Cattel going upon the Common but they will kill them and eat them c. And the Iury found the last but not the first words viz. B. and his children be false Theeves which are the only actionable words and it was adjudged for the Defendant Barbars Case If the Action be for words only and the Plaintiff recover hée is to have Costs recoverable no more costs than the Iury have given damages But if the Action be for words and déeds together as for slandering and causing imprisonment or the like there hée is to have full costs Croo. 1. part 223. If the Plaintiff be non-suit the Defendant shall have costs Hobb pl. 286. CHAP. XXIV Of a Libel A Libel called Famosus Libellus seu infamatoria scriptura is taken Libel What Sect. 1. for a scandalous writing or Act done tending to the defamation of another And this may be and sometimes is against a publick and sometimes against a private person sometimes against the living sometimes against the dead This may be by writing or by other Act done By writing when any Epigram Rhyme or other writing is composed or published to the note or contumely of another by which his fame or dignity may be prejudiced And this may be either verbis or cantilenis as where it is malitiously repeated The kinds of it or sung in the presence of others 2. Traditione when the Libel or any Copy of it is delivered over to another to the intent to scandalize the party Or it may be done by other waies An infamous Libel without writing may be either by pictures when the party is painted in any ignominious or reproachful manner 2. Or by signs when one doth make or fix a Gallows or any other reproachful or ignominious sign at the door of the party or elsewhere Coo. 5. 126. Or the like Thus Jeffes exhibited an infamous writing directed to the King against Sir Edward Cook Chief Justice of the Kings Bench and against the Court for a Iudgement given in the Court affirming the Iudgement to be Treason calling him therein Traitor and perjured Judge and scandalizing all the Professors of the Law containing much scandalous matter in it And fixed the Libel upon the great Gate at the entrance into Westminster-Hall and in divers other publick places and was indicted for it in the Kings Bench and fined a thousand pound committed to the Marshal ordered to stand on the Pillory at Westminster and Cheapside with a Paper of his offence on his back to be detained in prison till hée made an open submission in all the Courts at Westminster and to be bound with sureties for his good Behaviour during life Croo. 1. 125. And so an infamous Libel was composed and published in verse against John the Archbishop of Canterbury and his successour by Circumlocutions and descriptions and not in expresse terms by which they were traduced and scandalized which was punished in the Starre-Chamber Coo. 5. 225. And so William Peacock did exhibit his Bill in the Starre-Chamber against Sir George Reynel for this that the Defendant perceiving that the Plaintiffs Father was inclined to settle his Land upon him that hée to take off his affection and that hee might settle it upon himself writes a Letter to his Father that the Plaintiff was not the Son of a Peacock and was a haunter of Taverns and that divers women did follow him from London and that hee longed for his death and that his Land would not be sufficient to pay his debts c. And the Defendant was there fined two hundred pound and
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
without shewing that shée did act any Witchcraft for which the paine of Pillory and imprisonment for two years should bée inflicted and the second time Felony and that the words Thou art an Old Witch or Goe away thou old Witch are usual words and Old Whore bears no Action and as to say Thou shalt be hanged if I can doe it it is not possible that he could doe it But Iustice Crawley doubted of it at first because that it was alledged that it had béen adjudged in the Kings-Bench that an Action lies for calling one Witch but afterwards hee said that hee had spoken with the Witch alone not actionable Iustices of the Kings-Bench of their reason who said that they adjudged no such thing unless that hee had spoken further that the party had done any act of Witchcraft punishable by the Statute Hill 12. Car. 1. Huttons Rep. 132. Case 186. Powel an Attorney brought this Action for these words I have matter Slander of an Attorney Forgery enough against him for Master Harley hath found Forgery and can prove it against him not guilty pleaded it was found for the Plaintiff but hee could not have Iudgement Hobb Rep. pl. 382. 395. 399. Case 187. Pasche 9. Car. 1. John Smith Town-clarke of Southampton sued Cornelius Slander of an officer a Town-Clarke an Attorney who set forth hee was Town-Clarke to the Mayor and Burgesses there and was their Scribe and had the kéeping of their Rolls Pleas and procéedings before them in their Court c. and Forgery that the Plaintiff spake these words of him Thou hast made many a false certificate to the Mayor and Burgesses in that Court and the more thou stirrest in it the more it will stink and it was adjudged not Actionable 1 Because it was not alleaged that there was any colloquium concerning his office 2 Because it did not appear that the making of Certificates did belong to his office 3 They might bee false and no fault of his unless hee knew of it Huttons Rep. 123. Case 188. Mich. 14. Jac. B. R. Sir John Sidnhams Case for these words If Sir Charge of Treason John Sidnham might have his will hee would kill all the true subjects of England and the King too and hee is a maintainer of Papistry and Rebellious persons The Defendant pleaded that hee spoke other words absque hoc c. the Iury found these words to bee the words I think in my conscience if Sr. John Sidnham might c. and found all the other words Jury found other words verbatim c. And it was adjudged for the Plaintiff and the Iudgement affirmed in a Writ of error and agréed that the words are actionable and that the words found in the verdict are the same in substance as they are in the Declaration and that the variance doth not hurt Croo. 2. 407. Hobb Rep. pl. 213. Case 189. An Action was brought for these words Thou art a healer of Felony Thou art a healer of Felonies and hast shewed such favour to a Horse-stealer in the time of thy Constableship that thereby both the Horse and Theef were conveyed away and that it lyeth in my power to hang thee It was adjudged for the Plaintiff for Healer of Felony is a word known in Devonshire where the Action is brought to bée a Consealer or Hider of Felony as in Yorkshire to say to one Thou hast strained a Mare will bear Action for it is commonly Thou hast strained a Mare Slander of an officer when out of his office taken to steal a Mare And notwithstanding it hee not laid expresly that the Plaintiff was Constable at the time of the speaking of the words It is not material for albeit hee bee out of his office yet hee ought not to bee Slandered with any thing done in his office as if a Iustice of Peace bee put out of Commission and one shall say to him when thou wert Justice thou wert a Bribing Justice this is actionable for albeit it referre to a thing past yet it doth defame him for ever in the opinion of others and will make him to bee accounted unworthy to bear office again Quod nota Pasche 7. Jac. B. R. Pridham against Tucker Yelvertons Rep. 153. Case 190. The Plaintiff declared that whereas he was a Free-man of Wells and did exercise the Art or Mistery of a Linnen-Draper within the same City by the space of five years past and by his credit c. had gained much c. by selling and buying c. That the defendant the twenty eighth of July Bankerupt of a Tradesman Linnen-â—raper Anno quinto c. spake to the same Plaintiff and to A. B. viz. you both Innuendo the Plaintiff and A. B. are Bankrupts and not worth a Groat ad damnum c. And it was found by Verdict for the Plaintiff and it was moved that the Declaration is not good because it was not laid precisely that at the time of the speaking of the words that the Plaintiff was a Linnen-Draper but only by the space of five years past to which Yelverton answered That there is a diversity between Slanders of one in respect of an office and in respect of a Trade or Profession for if one say to a Iustice of Peace hee is a Briber c. Hee ought to shew in an Action for these words expresly in his Declaration that hee was a Iustice of Peace at the time of the words spoken because it soundeth in Slander of his person in respect of his office only which office endures but at the will of the King being by commission But where a man is Slandered in his Profession or Trade there it need not bee so precisely alledged that at the time of the words spoken hee was a Lawyer Physician Merchant or Linnen-Draper but it sufficeth to shew that hee is of such a Trade and hath exercised it for divers years past without saying ultimo Declaration how it must be that hee was a Tradesman c. or jam elapsâ— for a man shall not bee intended to alter his trade or profession but by presumption to continue it during his life Quod fuit concessum per curiam quod nota And the Iudgement was affirmed vid. Trin. 6. Jac. Rot. 1272. For the Case Accords Trin. 38. Eliz. B. R. Rot. 546. Inter Gardner Plaintiff Hopwood Defendant upon the same words Thou art a Bankrupt the Plaintiff alledging Quod per multos annos jam retro actos artem Merchandizandi videndi et licite barganizandi exercuit et usus fuit and Iudgement was given for the Plaintiff Tuthill vers Milton Trin. 7. Jac. B. R. Yelvertons Rep. 158. 159. Case 191. The Action was brought for this Thou art an arrant Knave for thou Accessary to Felony Receipt of stoln goods hast bought stolen Swine and a stolen Cow knowing them to bee stolen adjudged against the Plaintiff for the receipt or sale of goods
the words were spoken falso malitiose and there néeds not an expresse Averment that they were so spoken as there ought to be in an Indictment and this Declaration is laid two years after the words were spoken Therefore take your judgement except better matter be shewn Styles Rep. 435. Case 198. Townsend brought an Action upon the Case against Barker that had Couzening Knave béen a Co-partner with him in Trade for speaking these words of him You are a couzening Knave and did couzen mee of twelve hundred pound at one time and that was in making an account in the year 1648. Vpon a Verdict for the Plaintiff it was moved in Arrest of Iudgement Trades man that the words are not actionable because though they be spoken of a Trades-man yet they are not spoken of him in reference to his Trade but in reference to an account and although by way of reduction and consequence they may reflect upon his honesty yet they are not actionable and though his Reputation be impaired by speaking them yet hée cannot bée indicted for couzening in his Trade by reason of them because they are spoken of a singular and particular abuse and not of a general couzening used in his Trade and an Action of the Case lyes not for words which are only scandalous by way of Reduction and if the words should hinder the party to get a partner hereafter to trade with him yet hée may use his Trade and so cannot be preiudiced Nor are the words that he cheated him but that hée couzened him which are not of so violent a Construction Wild on the other side said that here is a Partnership which is necessary to the driving of a Trade and without which it cannot be so well driven and the account is incident to all Partnerships and prayed for Iudgement Co-partners in Trade Roll Chief Justice if the Co-partnership continued the words were actionable without doubt For then they must be spoken of him in the way of his Trade but here the Partnership being ended makes the matter more considerable but yet as it is the words are scandalous and may hinder from getting a Partner for the time to come and it may be hée cannot manage his Trade without a Partner and although an account be a private thing yet the Plaintiff is disgraced by the speaking of the words and none will deal with a man that will couzen his own Partner and we must countenance Trade and Traffick and mens Credits and the account is not so collateral a thing to trade as Hales objects as is the hiring of a shop to trade in or the like German Justice ad idem and said that Co-partnership is necessary to support Trade and the kéeping of a true accompt is the principal thing betwéen Partners Nicholas and Aske Justices ad idem Judicium nisi pro quaerenter Styles Rep. 389. Case 199. Sir William Walgrave brought an Action upon the Case against Agur. Vpon these words spoken by the Defendant to a Servant of the Plaintiff Treason it is well known that I am a true Subject but thou Innuendo the said Servant servest no true Subject and thine own conscience may accuse thee thereof It was moved in arrest of Iudgement that these words are not actionable for no slander comes to the Plaintiff thereby for perhaps the party served no man but the Quéen and if the words may receive such sense which is no pregnant proof of Infamy they are not actionable as in the Case betwixt Savage and Cook These words Thou art not the Queens friend are not actionable for it might be they were Words incertain as to the person slandered spoken in respect of some ordinary mis-demeanours as in not payment of subsidies or the like Also it is not averted that the party to whom the words spoken was the Plaintiffs Servant Cook where a man is touched in the duty of his office or in the course of life an Action lyeth although that otherwise the words are not actionable and here is set forth in the Declaration That the Plaintiff at the time of speaking of the said words was a Iustice of Peace and Sheriff of Suffolk and Captain of a Troop of a hundred and twenty horse to attend the preservation of the Quéens person So in respect of place and dignity in the Common-wealth as 2. H. 8. The Bishop of Winchestor brought an Action upon Scandalum Magnatiam the Statute of Scandal Magnatum upon these words My Lord of Winchester sent for mee and imprisoned mue until I made a release to J. S. and in respect of his place and dignity the words were holden actionable and 9. Eliz. Dyer in an Action upon the Case by the Lord Aburgaveny against Wheeler My Lord of Aburgaveny sent for us and put some of us into the Coal-house and some into the Stocks and mee into a place in his house called Little-Ease and the words were holden actionable So in our Case Lewes said it was the Case of one Kinsey one said to a Bayliff of a Franchize Thou didst execute false Officer slandered VVarrants without saying they were falsified by him adjudged an Action did not lye VVray Chief Justice These words in themselves are not actionable for the Plaintiff might be untrue in small things which gave no discredit but the quality of the person of whom they were spoken may add weight to them as to call one Bankerupt generally Bankerupt no Action lyeth upon it but to call a Merchant so is actionable So to call one Papist no Action lyeth for it but if one calls the Arch-Bishop Papist of Canterbury in an Action will lye for hee is Governour of the Church Thou art an untrue man to the Queen gives not an Action to an ordinary Untrue man to the King Subject but such words spoken of one of the Privy Council are actionable Corrupt man of themselves are not actionable but being spoken of a Iudge an Action Iyeth It was Birchleys Case an Attorney of this Court Thou art a corrupt man and dealest corruptly and it was adjudged per curiam that Slander of an Officer the words were actionable for that refers to his Calling Gawdy was of opinion that the words were actionable of themselves without respect had to the quality of the person of whom they were spoken for the words are particular enough and to touch him in the duty of a Subject which is to be faithful to his natural Prince is a great reproach and slander Fenner conceived that the words were not actionable Wray as before of themselves they are not actionable for they are in general for if hée bée indicted of Trespasse he is not a good subject Leonards Rep. Case 469. M. 32 Eliz. B. R. Case 200. Mich. 1 Car. 1. Co. B. Sir John Isham a Iustice of Peace sued York Slander of a Justice of Peace for these words I have been oft with Sir John
Isham for justice but could never get any at his hand but injustice Croo. 1. 10. Case 201. Hill 2 Jac. B. R. Sir John Hollis versus Briscoe and his Wife for Slander of a Justice of Peace this first shewing That he was a Iustice of Peace in the County of N. and had been Sheriff of the County and then for seven years before was Deputy Lieutenant there that the Defendants Wife said to A. and B. the Plaintiffs servants Your Master Innuendo the Plaintiff is a base Rascally Villaine and is neither Nobleman Knight nor Gentleman but a most villanous Rascal and by unjust means most villanously Keeps Theeves and Traitors about him take other mens Rights from them and keeps a company of Thieves and Traytors to doe mischief and gives them nothing for their labour but base blew Liveries and this all the Country reports and other good he doth not any and it was adjudged for the Defendant yet two of the five Iudges held them actionable but they all agréed none of the words could be actionable but those He keeps a company of Theeves and Traitors to doe mischief Croo. 2. 58 59. and in Yelverton 64. Case 202. Pasche 3 Jac. B. R. Sir George Moores Case was this That there being Slander of a Commissioner out of Chancery with Bribery a Suit in Chancery betwéen Richard King and two others and a Commission by assent of the parties thereunto to him and thrée others Ad examinandum testes audiendum terminandum if they could and if they could not to certifie c. the Defendant said of the Plaintiff these words Sir George Moore is a corrupt man and hath taken Bribes of Rich. King Innuendo that he hath taken Bribes of Rich. King for the executing of that Commission And said further That Richard King hath set Sir George Moore on Horseback with his Bribes to pervert Justice and Equity upon not guilty pleaded and a verdict the Plaintiff had judgement Croo. 2. 65. also in Yelverton 62. Case 203. Mich. 3 Jac. B. R. Kempe versus Howsegoe for these words spoken of Slander of a Justice of Peace Partial Justice him being a Iustice of Peace Kempe is a Basket Justice a partial Justice I will give him five pound every year for his Gifts about Justice-matters and it was held that for the words partial Justice the Action will lye but that none of the rest of the words are actionable Croo. 2. 90. Case 204. Pasche 18 Jac. B. R. May versus Gibbons The Action was for these Charge of Theft Slander by way of interrogation words Have you brought home the forty pound you stole and they were adjudged actionable though spoken by way of interrogation and the judgement was affirmed in a Writ of Error brought upon it Croo. 2 part 568. Case 205. Crumpe versus Barue Pasche 2 Car. 1. Co. B. The Plaintiff he was Bankrupt of a Shoo-maker a Citizen of Gloucester and had so been for twelve years and all that time used the Trade of a Shooe-maker and that the Defendant said of him Hee is a Bankerupt Rogue and it was adjudged for the Plaintiff Croo. 1. 21. Case 206. Wicks versus Shepheard in the Exchequer Pasche 5 Car. 1. hee set Losse of preferment by words forth That he was in Treaty for a Wife and like to have her and that the Defendant to hinder him thereof spake this of him Hee is a sharking Fellow and getteth his living by deceit and used himself violently to his Couzening former VVife and denied her necessaries and is a needy Fellow and his conditions are wicked and for his Religion hee is a Brownist by reason whereof he lost his marriage And it was adjudged for the Plaintiff but agréed that it was by reason of his losse only and that otherwise the words were not actionable Croo. 1. 110. Case 207. Mich. 5 Car. 1. B. R. Shaliver sued Foster and his Wife for these Charge of theft Incertainty in the person slandered words spoken by the Wife of the Defendant of the Plaintiff to Anne Rochester the Plaintiffs Mother VVhere is that lying thief thy Son Innuendo the Plaintiff he hath murthered my Aunt quandam Dorotheam Stoke Amitam defendentis Innuendo and I will prove it and upon a not guilty it being found for the Plaintiff it was doubted because it was not alleadged That there was a precedent communication of the Plaintiff or that he was the only Son of Anne Rochester to whom the words were spoken and the Court would advise Croo. 1. 127. Case 208. Trin. 8 Car. 1. B. R. Goodyear versus Bishop for this That whereas the Plaintiff is and for divers years hath béen a Merchant and used the Bankerupt Trade of a Merchant that the Defendant speaking of him said to one Trades-man Harris Hee is not worth a Groat he is a hundred pound worse than naught and it was adjudged actionable Croo. 1. 193. Case 209. Mich. 8 Car. 1. B. R. Lawrence sued Woodward for this Thou didst Charge of Robbery violently upon the High-way take my purse from me and four shillings two pence in it and didst threaten me to cut me off in the midsts but I was forced to run away to save my life and it was adjudged for the Plaintiff Croo. 1. 202. Case 210. Trin. 1654. Henley and Bayntons Case for these words You have couzened the State of twenty thousand pound and I will prove it for you Couzened the State have received five and twenty thousand pounds profits of the office and not compounded for it and have foysted in words into the order of your composition and after a verdict for it it was adjudged for the Plaintiff Stiles Rep. 436. Case 211. Mich. 17 Jac. B. R. Califord and his Wife against Knight for these Adjective words Whore Pox. Innuendo words Thou art Mutcombes Hackney thou art a theeving VVhore and a pocky VVhore Innuendo that the said Jones had the French Pox and I will prove thee a pocky whore and it was adjudged against the Plaintiff that the words were not actionable and that the Innuendo did not extend them beyond their common sense Croo. 2. 514. Case 212. Pasche 16. Jac. B. R. Barmunds Case for these words hee hath had Charge of Incontinency two Bastards and should have kept them by reason of which words discord did arise betwéen him and his wife and they were likely to have béen divorced And it was adjudged against the plaintiff for that hee did not set forth any special damage that came to him by the words spoken Croo. 2. 473. Averment Case 213. Mich. 10. Jac. B. R. Tooses Case for these words Tooses his wife Innuendo the plaintiff killed thy Husband Innuendo John Dunscombe her Charge of Murder of a Husband husband lately dead And after verdict it was adjudged for the plaintiff and that the words were Actionable albeit it were
is shewn that such Land was given to his Grandfather and that his Father had divers Sons Slander of a Title whereof the plaintiff is the youngest and his elder Brothers are living And that such a one was to buy the Land and offered him such a summe of money for his title and by reason of those words refused to give him any thing So it appears by his own shewing that he hath not any present title and therefore no cause of Action at all But the two chief Iustices conceived that although he hath not any present Title it appears hee is by a possibility inheritable to those Lands and being offered a summe of mony for that possibility to joyn in the assurance although he hath not any present title to the Land yet by reason of those words hee had a present damage and in future might receive prejudice thereby in case hee were to claime any Land by discent And for these causes they held that the words were actionable and the judgement was affirmed Croo. 2. 213. Case 229. 2 Car. B. R. Reynor vers Hallet The Action was brought for these words viz. Reynor is a base Gentleman and hath four Children by his servant Agnes and he hath killed them all or caused them to bee killed And after a verdict for the Plaintiff and amotion for to arrest the judgement judgement was given for the Plaintiff and there it was said to be adjudged not to lye for these words Agnes Knight is a Witch and Witch by Dodridge these words Hee hath four Children by his servant Agnes alone are not actionable but Whitlock contra And by Iustice Jones it Incontinency For saying one is a Bastard lyeth not for saying One is a Bastard and by him it lyeth not for saying Thou hast killed I. S. where in truth there never was any such man But to say Thou hast killed the King Contra. Case 230. Mich. 40 Eliz. In an Action of the Case for calling one Bastard Dyer and Walsh Iustices said an Action would lye but Brown on the contrary For calling one Bastard because it must be tried in the Spiritual Court And Dyer said that at Barwick Assizes a Formedon in Dicender was brought and one said That his Father by whom he claimed was a Bastard and thereupon he brought an Action against him for those words and recovered Case 231. The Clerk said That he had a Son in Nottinghamshire and that he Charge of Theft Incertainty Averment had his Chest picked and a hundred pound taken out of it in one Lock-smiths house and I thank God I have found the Chief who it is it is one that dwelleth in the next house called Robert Kingston whereupon Kingston brought this Action without averment that he did live in the next house and had a verdict for him and it was held not good for lack of this averment Pasche 7. Jac. B. R. Case 232. Action for these words There was never a Robbery committed within Charge of Robbery forty miles of Wellingborough but thou hadst thy part in it after verdict it was moved in arrest of judgement that the Action did not lye because it was not averred there was any Robbery committed within forty Averment miles c. for otherwise it is no slander sicopinio cur and judgement for the Defendant Mich. 36 37 Eliz. B. R. placito 12. Croo. 1. last published 308. 11. Case 233. Action for these words You have sought to murder me and I can Charge of an endeavour to Murder prove it adjudged that it lay Croo. 308. 1. last published 12. Case 234. Action for words That he being a Counsellor at Law and Steward to Slander of a Lawyer I. S. of his Mannours the Defendant said of him Hee is a paultry Lawyer and hath as much Law as a Jack-a-napes upon not guilty pleaded it was found against him and damages twenty pound And it was moved and the Action lyeth not for it is not said hee had no more Law than a Iack-a-napes but it was adjudged for the Plaintiff for the words are scandalous and touch him in his profession Croo. 1. last publisht 342. 9. Case 235. Action for these words Thou art a forsworn Jack in the Court-Baron Charge of Perjury of D. thou hast sworn me out of twenty shillings rent and hast me on thy side adjudged that the Action lay and the Plaintiff recovered Croo. 1. last publisht 342. 10. Case 236. Action for these words There was never a Purse cut within twenty Charge of Theft Cut purse miles of VVellingborough but thou hadst thy part in it and avers that such a Purse was cut c. and he had no part in it And it was moved that an Action lyeth not for it is not said he had a part of it as a partaker in the Felony for he may have a part in it in the losse and so it is no slander but it was adjudged for the Plaintiff for the words shall be taken to be spoken in the worst sense in disgrace and reproach of the Plaintiff Nota Serjeant Yelverton cited a Case Pasche 32 Eliz. Sir Edward Hastings Endeavour brought an Action for these words You have procured a perjured man to seek my bloud and ruled that an Action did not lye But Fenner said the Case was not adjudged but ended by his Arbitrement Vide Mich. 35. 36. Eliz. Antea B. R. placite 11. Croo. 1. last publisht 342. 11. Case 237. Action for words for that the Defendant said to I. B. Son of the Plaintiff in the presence of divers Thou praefat J. B. Innuendo and thy Charge of Perjury Father Innuendo the Plaintiff were both Perjured and I Innuendo the Defendant will prove you both perjured Vpon not guilty it was found for the Plaintiff damages twenty pound And it was moved in arrest of judgement that it was not averred that I. B. was the Son of the Plaintiff but it was held well enough for that it was alledged that the Averment words were spoken to I. B. his Son and it was adjudged for the Plaintiff Croo. 1. last publisht 143. 11. Case 238. Action for these words Many an honester man hath been hanged and Charge of Felony Indirectly a Robbery hath béen committed and I think he was at it and I think he is a Horse-stealer it was moved after verdict that an Action lyeth not without an expresse averment he was so Curia contra they are great Averment slander if the Defendant sheweth not a good cause of his thinking and it was adjudged for the Plaintiff Croo. 1. last publisht 148. 20. Case 239 Action upon the Case was brought for these words Thou art forsworn and I will make thee flowre the Pillory or else it shall cost me a hundred Charge of Perjury pound Et per totam curiam an Action lyes not for Anderson said There is a great difference betwirt the words
forsworn and perjured for forsworn is where he swears against the truth in ordinary discourse but Perjurum est quando jus alterius pervertitur which is to bee intended in judicial procéeding and this difference hath béen allowed of quod curia concessit but to say hee was forsworn in such a Court or betwixt such Parties an Action lies wherefore it was adjudged for the Defendant Croo. 1. part last publisht 394. 20. Case 240. Action for these words One told me that he heard one say that Mistris Charge of poysoning husband by Report Meggs had poysoned her Husband Ubi re vera nullus dixit c. and upon not guilty pleaded it was found for the Plaintiff and now alledged in Arrest of Iudgement that an Action lyes not for these words for it is but a report of an hear-say which cannot be any discredit but notwithstanding it was adjudged for the Plaintiff for it is a great defamation and is a cause of drawing her name and life in examination wherefore c. Croo. 1. part last publisht 400. 7. Case 241. Action for these words Thy Father Innuendo the Plaintiff hath Charge of theft stoln six sheep The Defendant justifies and issue taken thereupon and found for the Plaintiff and it was alledged in arrest of Iudgement that the Declaration was not certain nor sufficient to shew that hée spake those words of the Plaintiff for it is not averred that hée spake them to the Plaintiffs Averment Son nor that the Plaintiffs Son was there present and then it cannot be intended of the Plaintiff and the Innuendo will not help this incertainty Pleading And although the Defendant hath admitted it by his Plea yet that never shall help a Declaration which is defective in substance but if Innuendo it were defective in form only as by leaving out the place where a thing was done or by pleading a collateral plea that may be made good as 18. Ed. 4. 16. and 6. Ed. 4. 2. And of that opinion were all the Iustices besides Declaration Gawdy that the Declaration was not good for it cannot be intended to be spoken of the Plaintiff more than of any other person unlesse it had béen averred that his Son was there present And although the Defendant by his plea confesseth that hée intended them of the Plaintiff yet that shall not help the Declaration which is insufficient But Gawdy e contra because it shall be intended that the Plaintiffs Son was there for otherwise hée could not have said thy Father But notwithstanding it was adjudged for the Defendant Croo. 1. last publisht 416. 11. Case 242. Action upon the Case whereas hée was seized of the Mannor of Upton Slander of a Title Grey that the Defendant to slander his title spake these words Mr. Marvin Innuendo the plaintiff hath not any title to Upton Innuendo Upton Grey upon not guilty pleaded it was found for the plaintiff and now moved in Arrest of Iudgement First Because hée doth not shew what estate hée had therein for it may be that hée hath it but per anter vic and then Cestuy que vic being dead hée hath not any title he ought also to recover his damages to his estate c. Secondly The words are not spoken of Upton Grey but of Upton only which cannot be intended of Upton Innuendo Grey and it cannot be helped by the Innuendo But all the Court resolved that the Declaration was well enough for as to the first hée néeded not shew what estate c. for his seizing of any estate is sufficient And therefore Fenner said in the case of Huddleston against the Lord Dacres in a Writ of Annuity The Defendant pleaded that hée granted it unto him to be his Steward and that hée was seized of the Mannor of D. and requested him to kéep his Court there and hée refused c. And exception was there taken because he shews not of what estate hée was seized and ruled well enough for peradventure it might be perilous to discover his estate And to the second they held that the Innuendo did sufficiently serve to shew his intent what hée meant in naming Upton for it is usually Innuendo known without the addition and might be called so wherefore the Innuendo stands well with his speaking But if without the Innuendo it could not by any intendment be taken so it might have béen otherwise wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht 419. 14. Hee hath deserved hanging Case 243. Action for these words J. Halland the Plaintiff will come home again if hee escape the Gallows for hee hath deserved to be hanged after Verdict it was moved that an Action lay not for those words And so it was ruled accordingly for they are too general Because the Country people might intend that hée deserved hanging although hée never committed any Felony wherefore it was adjudged for the Defendant Croo. 1. part last publisht 470. 30. Case 244. Action for words and declares whereas hée was a Merchant That the Defendant to discredit him said to one Dudley Doth Vauspike the Bankerupt Plaintiff owe you any mony to whom hée said that hée did hée then said to Dudley You had best call for it take heed how you trust him And it was thereupon domurred and adjudged for the Defendant For it is not any slander to the Plaintiff but good Counsel to Dudley Croo. 1. part last publisht 541. 5. Case 245. Action for these words I will call him in question for poisoning my Charge of Poisoning Aunt and I make no doubt to prove it after Verdict for the Plaintiff it was moved in Arrest of Iudgement that the words were not actionable for it is not any direct affirmation that hée poisoned his Aunt sed non allocatur Indirect for it cannot be more direct when hée saith hée will call him in question and maketh no doubt to prove it Secondly It was alledged that the Action lyes not because it is not averred that his Aunt was Averment poisoned for otherwise it is not any offence sed non allocatur for his credit is not impeached although hée never did any such fact as to say that hée was perjured in this Court although hée never were sworn is actionable wherefore it was adjudged for the Plaintiff Croo. 1. part last publisht 569. 3. Case 246. Action of the Case was brought for these words Thou hast forged an Obligation and I will prove it the Defendant justifies because hée had Charge of Forgery forged such an Obligation in the name of Wendy the issue de son tort demesn c. and found for the Plaintiff and now moved that an Action lay not for these words for hée doth not shew that this Obligation was sealed and delivered but the Court held it to be well enough for it cannot be otherwise intended for without those circumstances it is