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
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
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
imprisoned for it Brownl 2. part 152. And in this Case it was agréed That if the Letter had béen directed to the Plaintiff himself and not to the third person then it should not have béen a Libel or if it had béen directed to a Father for Reformation of any Acts by his children it should not be a Libel for if a Letter contain scandalous matter and be directed to a third person if it be reformatory and for no respect to himself it shall not be taken to be libellous As if one write to a Father and tell him of the faults of his children and wish him to lock to it but here it appeareth to be done with respect to himself Brownl 2. part 152. And so in Sir Baptist Hicks Case who had done many pious and charitable good works and one A. B. did write him a Letter that hée had done these works as the proud Pharisee for vain-glory and ostentation Action of the Case and to have popular applause and further opprobriously taxed him with other unlawful Acts And it was resolved in the Starre-Chamber that for this private Letter that no Action of the Case would lye but that it was punishable as a Libel But some of the Iudges held that such a private Letter was punishable And the party was there fined five hundred pound Pophams Rep. 139. 140. And so the Lord Darcy sued Markam in the Starre-Chamber when Markam and the Lords man had fought and the Lord had parted them and took off his man from him and after Markam wrote five or six Letters to the Lord and subscribed them with his name but sent them not but dispersed them sealed in the fields the effect of which Letters was That whereas the Lord said that if hee had not been his man had beaten him to clouts hee lyed and as oft as hee should speak it hee lyed and that hee would maintain with his life and then said that hee had dispersed those Letters that hee might finde or some body else might bring them to him and concluded that if hee were desirous to speak with him that hee should send his Boy and hee should be well used and hee was fined five hundred pound Hobb Rep. pl. 153. So Lake against Hatton in the Starre-Chamber supposing that hée delivered to his Daughter the Lady Rosse a writing purporting that the Countesse of Exceter had a purpose to poison both the Lady Rosse and the Plaintiff her Father and to charge him with a Plot c. Hobb Rep. pl. 334. 337. See Hetleys Rep. 10. And as to this these things are further to be known 1 That it matters not whether the things said be true or false The Rules about it and wherein the offence lieth 2 It matters not whether the party against whom it is made be of good or evil report 3 It matters not how it be divulged and whether secretly or openly 4 The offence about this lyeth either in the contriving of it or in the procuring of it to be contrived Or in the malicious publication of it after a man knoweth what it is But to read it or hear it read or when hée readeth or heareth it to laugh at it is no offence or if hée take a Copy of it only and do not publish it to others this is no offence But if after hée hath read or heard it hée repeat the same or any part of it in the hearing of others Or after hée knoweth it to be a Libel hee readeth it to others this is an unlawful publishing of it And if hee take a Copy of it and do not after deliver it to a Magistrate to examine it it is a great evidence that he doth publish it Coo. 9. 60. That if therefore one write a Letter containing scandalous matter against another and send it not to him but to a third person this may be a Libel Brownl 2. part 152. And so some hold of a Letter written to the party himself Popham Rep. 139. 140. And so it séems of a Letter written to the party himself and not sent to him but scattered abroad that hee might have notice of it Hobb Rep. pl. 153. 5 That albeit the party of whom the words be spoken be dead yet the Libeller may be punished for it be it against a private or a publick person 6 That therefore if one finde a Libel and will kéep himself out of danger if it be against a private man the finder is either to burn it or give it presently to a Magistrate but if it concern a Magistrate or other publick person he is presently to deliver it to a Magistrate to the intent the author of it may be found out Hobb Rep. pl. 334. Coo. 5. 125. The offence if it bee against a publick The punishment of it and the remedy of the party wronged thereby Person a Magistrate a Lord or eminent man is greater and the punishment will be greater than where it is against a private person or meaner man When the Starre Chamber stood it was punishable there now it is punishable by Indictment in the Kings Bench and in other Courts And if a great man be slandered by such a way he may perhaps have his remedy by the Writ De scandalis Magnatum and if it amount to a slander and fall out to be within the Rules thereof the party grieved may have an Action of the Case for a Slander in this way as well as otherwise Brownl 2. Rep. 152. Coo. 5. 125. But for slander to them that be dead it is to be enquired how this should be punished Coo. 5. 125. Coo. 12. 134. Hobb Rep. pl. 334. CHAP. XXV Some Cases for the illustration and confirmation of all that is before laid down in the whole work Case 1. THe Lord Cromwells Case 20 Eliz. Hée brought a Writ de scandalis Magnatum upon 2 R. 2. cap. 5. against D. Vicar of S. for these words It is no marvell though you like not of me for you like of those that maintaine sedition against the Queens proceedings The Defendant Cansadicendi made a special justification and shewed that there was a Dialogue betwéen the Plaintiff and Defendant about the Book of Common Prayer and that therein the words were used and therein it was resolved 1 That this is a general Law of which the Iudges are to take notice Sedition 1. For it concerneth the Kings Péer and therefore the King 2. It concerneth by the words of the Statute the whole Realm 2 It was objected That he might like those that maintain Sedition not knowing they did maintain it To which was answered That Sedition Words are to be taken secandum subjectam materiam is a thing publick of which it shall not be imagined that he is not knowing But it appearing by the discourse betwéen the parties that the words upon which the Action is founded taken according to the subject matter are not actionable As if A.
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
Land or for words spoken against the man himself This Action is in some Cases for other things And so it is also either for not doing what the man ought to do or it is for doing of something a man should not do or it is for doing of something otherwise than hée should have done it This for the not doing of what a man ought to do is either upon his own undertaking to do it or it is upon the requiring of Law without any personal undertaking of his own The Action for Defamation is either for a Defamation by words where one speaketh any thing to the prejudice of the Life Estate or Name of another or for a Defamation by déed where one doth any thing that will vehemently imply an Accusation of some great Crime against another This also is either of great men called Scandalum Magnatum or it is of Scandalum Magnatum ordinary men The Action of the Case for déeds is either upon an Assumpsit or Promise or upon a Nusance upon a Trover and Conversion upon a Deceit upon a Conspiracy or it is upon some other Non-feasance or Mis-feasance Amongst Slanders and Defamations also some of them For Words and Acts of Slander tend to the disgrace of the person of another Some to the disgrace of the Title of his Land Those against the person also do some of them tend to the peril of his life some to the prejudice of a man in his Livelihood and Estate and some to his reproach in his Name only Coo. 4. 92 c. Dyer 8. 72. A Defamation may be also by déeds as by the doing of something against a man which will be Tant-amount or more than a Slander by words as to call a man in question and prosecute a man in a course of Justice for a supposed Crime whereof he is innocent bringing of an Action c. Bulst 3. Part. 272. Coo. 4. 14 15. If the Lord shall please to give time and strength wée may give you an account of the Law touching this subject in both the one after the other Some Defamations also may be said to be temporal or civil as to call one Traitor Murderer Théef Bankrupt and the like Some spiritual as to call one Adulterer Baud Whore Heretick and the like And as to those Slanders called Spiritual no Action will lye in a Civil Sect. 2. Court unless the party slandered have some special loss by them but the proper place for relief for these is in the Spiritual Court And there are other Slanders that may be said to be Civil or Temporal And for these the proper remedy is to be had in the Civil or Temporal Courts as for calling Traitor Théef Murderer Bankrupt and the like And yet in some cases hée may bring his Action at the Common Law for that which hée may also have his Remedy in the Ecclesiastical Court for the Common Law is to be preferred where they stand in equal degrée in respect of the matter to be tryed Mich. 23. Car. 1. B. R. Styles Register Wée might here have distinguished Slanders by Publick and Private Finches Law 185. 43. Aff. Pl. 381. Jenk Cent. 1. Case 93. or Personal For there is a Slander of the State as to report any thing about the Affairs thereof that is false and may be to the prejudice of it as that the Coin is abased the Wooll transported or the like And this is punishable upon Indictment by Fine and Imprisonment But wée shall not have to do with this at all But with private and personal Defamations which are either of eminent or common persons There are some Slanders by words that are Actionable albeit the party of whom the words are spoken have no special loss by them and such generally are all the Slanders that bring a man in question for his life as to call a man Traitor Murderer Théef or the like And some others for speaking of things that if they were true hée might be fined or imprisoned for them And there are other Slanders that are not Actionable but in case where the party slandered doth suffer some special loss by them As to call one Whore Bastard Whore Bastard or the like Croo. 1. 99 100. There are also some slanderous words that being spoken of any person whatsoever are Actionable as to call a man Traitor or Théef or the like Treason Theft And there are others that will not bear Action unless they be spoken of some certain men as Merchants Trades-men or the like as to call a man Bankrupt or the like Goldsb 126. 84. Croo. 1. 99 100. Wée shall begin with Actions about words the which wée shall dispatch in this péece and then shall speak to Actions about déeds And in our labour about words to open the Law herein wée shall first lay down some general Rules about all kind of Slanders and the Slanders of all kinds of men and then descend to particulars CHAP. II. Some general things of Actions of the Case for Words WEE shall first give you in sundry Rules and a few Cases the Sect. 1. general Doctrine of Actions of the Case touching Slanders And these like the veins in the body run through the body of all the Cases hereafter following wherein the words are or are not actionable as they fall within these Rules And then wée shall give you the Cases themselves as examples answering to these Rules The Rules are these 1. That all scandalous words which touch or concern a man in his life as to say hée is a Traitor Théef or the like or which touch him in his Liberty as heretofore to have said of one Hée was Villain to J. S. or which concern a man in member in any corporal punishment as to say A man hath stoln six-pence which is Petit Larceny or the like or which Theft scandal a man in his office or place of Trust as to say to a Iudge or Iustice of Peace Hée is a corrupt Iudge or Iustice of Peace or the like Or Corruption in an office Deceit in Trade which slander a man in his Calling or Trade by whith hée gets his living as to say to an Attorney You are a cheating Knave of a Trades-man that lives by buying and selling hée is a Bankrupt or the like or which tend to the losse of a mans preferment as to say to a man about to be preferred to a Benefice That hée is an Heretick or of a woman like to have a Husband Heretick Whore Infectious Disease that shée is a Whore or the like if by this means they lose their preferment or which charge a man to have any dangerous disease by reason whereof hée ought to separate himself or be separated by the Law from the society of men as to say a man hath the French-Pox or the Plague or the like or which tend to the slandering of a mans Title as to say Hée hath no Estate in
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
a Court before a Judge of Record So it do appear to be intended in a judicial procéeding in that Court Coo. 4. 15. 19. Noys Rep. 34. Croo. 1. 307. But it will not lye for saying thou art a false man Nor for this Thou art forsworn or thou art a forsworn fellow Croo. 1. part last publisht Hee is false forsworn 572. Owens Rep. 62. Croo. 1. 144. Coo. 4. 15. 19. Nor for this Thou art a false forsworn Knave Croo. 1. part last publisht 429. Coo. 4. 15. March of Slanders 2. 13. It will lye for this I will prove J. S. to be a perjured Knave Croo. 1. last publisht Croo. 1. 209. Croo. 1. last publisht 374. 500. Nor for this Thou hast taken a false Oath Nor for this Thou hast forsworn thy self Coo. 4. 15. Novs Rep. 3. 222. Or thus I will prove him to be a perjured Knave or I will bear his charges Croo. 1. part last publisht 429. It is said it will lye for this Thou hast taken a false Oath at the Assizes and art false forsworn Stiles Rep. 452. So for this Hee hath forsworn himself in the Common Pleas. Huttons Rep. 44. So for this thou wast forsworn at the Common Pleas Barr. So for this Hee is forsworn and perjured in swearing at the Common Pleas Bar Upon the deeds which hee had in his hand Hill 34. Eliz. B. R. Crews Cases Owens Rep. 13. So for this thou hast taken a false Oath or thou hast forsworn thy self in the Kings Bench Court Noys Rep. 34. Croo. 1. 307. So for this Thou wast forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Thou art forsworn in a Court of Record and that I will prove Croo. 367. So for this Hee hath forsworn himself in a Court Baron Huttons Rep. 44. March 1. part 56. So for this Hee is a perjured old Knave in the Court of J. S. Pasche 40. Eliz. Co. B. Hutchman and Southcots Case So hee hath forsworn himself in the Court of A. Coo. 4. 19. 15. Or in the Court Léet or in the Court Baron of A. Noys Rep. 3. Hobb Rep. 114. pl. 107. It is agréed to bee out of question that the Action will lye for these Sect. 2. words A. was forsworn in such or such a Court as in the Common Pleas in Hereford Assises in the Quarter Sessions of G. or in the Leet of J. S. But some doubt of this if the words bee that A. was forsworn at such a Court for this may bee in ordinary discourse and extrajudicially but others take the Law to bee alike in both For both these opinions see 38 39. Eliz. B. R. Willis Case 38 39. Eliz. Cockins Case It is said it will lye for this Hee hath forsworn himself and I le teach him the price of an oath for I will have his ears cropt Hetleys Rep. 63. So for this Hee is falsly forsworn before the Justices of Assise between A. and B. Hetleys Rep. 188. So for this Thou art a false forsworn knave and art indicted by twelve men for Perjury and thou hast compounded for the same Bendloes Rep. 155. Bulstr 3. part 304. So for this That Perjured knave I. S. stands Perjured upon Record at Guild-Hall London and I will prove it Bulstr 3. part 283. So for this Thou art a Perjured knave and standst Perjured upon Record for denying of thine own hand and I will prove it Bulstr 3. 283. So for this Thou hast forsworn thy self at London and there it appeareth upon Record Croo. 1 part last publisht 583. So for this Thou wert forsworn and I can prove thee forsworn when I will Bulstr 1. part 40. So for this Hee is Perjured and I will prove him so by two witnesses without saying in what Court hee is Perjured Noys Rep. 61. Owens Rep. 62. So for this I will prove thee or I can prove thee Perjured M. 7. Jac. B. R. Roberts Case So for this I will prove thee a Perjured knave Yelvertons Rep. 160. So for this Hee is a proper witness hee will swear any thing hee hath already forsworn himself in the Chancery and was committed for it by the Lord keeper Goldsb Rep. 444. So for this said to al witnesse presently after hee comes out of a Court of Record wherein hee was sworn in a cause Hee hath forsworn himself And yet if it bee in a Cause wherein the speaker of the words is a party it may not bee Actionable Hughes Rep. 42. March 20. See Chap. 2. Sect. 9. Godb. Rep. 445. It will lye for this Thou Perjured Beast 18. Jac. B. R. Bensons Case So for this Thou Perjured Beast I will make thee to stand upon a scaffold in the Star-Chamber Croo. 2. 613. So for this spoken of one that is to bée a witnesse before a Iustice of Peace Thou hast been a contentious man this thirty years and a breeder of strife and hast taken a false oath against my Brother and Sister in a matter of innocency and hast taken twenty shillings for it and I will shew it upon Record Stiles Rep. 335. So for this when the Star-Chamber was Thou wast Perjured in the Star-Chamber So for this Thou wast committed for Perjury in the Star-Chamber Coo 4. 19. Hobb Rep. pl. 107. So for this Thou hast forsworn thy self or thou hast taken a false oath in the Leet of J. S. Harrisons Case B. R. Noys Rep. 34. So for this Thou wast forsworn or thou tookest a false oath in the Bishops Court at Exceter Hobb Rep. 346. or in the Court of the Consistory of the Bishop of Exceter Leonards Rep. 131. So for this Thou wast forsworn or thou tookest a false oath in the Quarter Sessions at Glocester 38. Eliz. Carlemains Case Coo. 4. 15. Hobb Rep. 346. 360. So for this Thou art a forsworn fellow for by thy false oath thou hast hanged as true a man as thy self 39. Eliz. Brooks Case Croo. 1. part last publisht 572. So for this Hee is a forsworn man and hath taken a false oath in his deposition at T. where hee waged his Law against mee Croo. 2. part 204. So for this spoken of a man that had preferred Articles against a man Sect. 3. to a Iustice of Peace to have the good Behaviour against him and taken his oath to them Hee made a false oath before the Justice of Peace and I have that in my house can prove it Croo. 1. 275. So for this Hee was forsworn before the Bishop of S. upon examination by him by vertue of a commission out of the Chancery But it is said it will not lye for this Hee was forsworn before the Bishop of S. Noys Rep. 3. So for this Thou art a Perjured person and thou wast forsworn in the Court of Requests and I will make thee to stand upon the Stage for it Croo. 1. part last publisht 135. Leonard Rep. 13. Foster and Thorns Case Or thou hast forsworn thy self in the Court of Requests
Huttons Rep. 34. So for this Thou art a forsworn knave and I will prove thee to bee forsworn in the Spiritual Court Croo. 1. part last publisht 6. 9. So for this spoken of one that had taken his oath before a Iudge upon Articles in the Kings-Bench Hee made a false oath before the Judge and I have that in my house to prove it Croo. 1. part 275. It is said it will lye for this Thou art a forsworn man in Westminster-Hall Sed Quere of this So for this J. S. hath forsworn himself and I will prove him Perjured or else I will bear his charges Croo. 1. part last publisht 429. So as it séems for this Hee was Perjured and will swear one matter to day and another matter to morrow Bendloes Rep. 304. This Action will lye in the North Countries where the word mainsworn Mainsworn is used and known for such words as these Thou art mainsworn or thou art a mainsworn man you are a mainsworn lad hee is a mainsworn and forsworn fellow or the like But then they must bee spoken in the hearing of some body that doth understand them but it néed not as it séems bee averred that it was spoken in the hearing of such a one nor Averment that the meaning of the word is forsworn c. But it is the safest way for the Plaintiff in his Declaration to aver the sense of the words in that Country Brownl Rep. 4. Hobb Rep. 8. Brownl Rep. 1. part 9 10 14 15. So it wil lye for this Hee hath forsworn himself before the councel of the Marches of Wales in the Suit I had against him there for Perjury and I will sue him for Perjury Hobb Rep. pl. 283. 560. Brownl 2. part 272. So for this Thou art a forsworn Jack in the court of A. Thou didst swear away twenty shillings from B. if hee Aver that the Court of A. is a Court Baron Croo. 1. part last publisht 348. So it will lye for this Hee was Perjured in the Kings Bench Court Albeit hee were never sworn there Coo. 1. parr last publisht 569. But it will not lye for saying Hee was forsworn in the Kings Bench for this is doubtful whether to bee taken of the Court or of the Prison called the Kings Bench. 41 42. Eliz. B. R This will lye for a Charge of Perjury upon a voier dire as well as upon an Issue for this is punishable by the common Law Mich. 7. Car. 1. Lawdries Case But this Action will not lye for this Hee is a proper witness hee will swear any thing Nor for this Hee is a false man But it will lye for saying Hee is a false Perjured man Godb. Rep. 88. 89. Nor for this Thou art a forsworn Knave and that I will prove for thou wast forsworn in the Hundred Court Innuendo Staverton Hundred Court Croo. 1. part last publisht 209. Nor for this A. hath but one Mannor and he hath gotten it by swearing and forswearing Coo. 4. 15. Nor for saying this to a man newly sworn in a Court You are forsworn without more words as saying in the testimony you have given or oath you have taken or the like Mich. 7. Jac. B. R. Cawdries case Nor for this as it séems Thou wert detected of perjury in the Star-chamber Croo. 1. part last publisht 371. It is said it will not lye for this Thou art a false forsworn Knave and General words and incertain Sect. 4. that I will prove for thou hast forsworn thy self against A B. in the Hundred Court because it doth not appear by the words that it was in any Suit wherein he was a witnesse Yelvertons Rep. 27. Croo. 1. 209. and yet this séems to be contrary to some of the fore-going Cases where it is said to be adjudged to lye for saying A man was forsworn in a Court Baron Huttons Rep. 44. It is said that it will not lye for this Thou art a forsworn Knave and was forsworn at H. Court Nor for this as it is said Thou art a false forsworn Knave and didst take a false Oath against me at a Commission at E. Innuendo out of the High Commission for an Innuendo may not enlarge the sense of Innuendo the words Huttons Rep. 44. Nor for this King is a false forsworn Knave and took a false Oath against me at a Commission at Witham because it did not appear whence the Commission came Noys Rep. 2. Nor for this said of the Side-man of a Parish Thou hast most perjuredly presented me at the Visitation before I. S. Official Yelvertons Rep. 72. Croo. 2. 80. 120. Nor for this Thou wert forsworn in Canterbury Court for no Court is so called Huttons Rep. 34. Nor for this Thou wert forsworn in Whit-Church Court Croo. 1 last publisht 609. Nor for this Thou art a forsworn man thou wert forsworn in Whit-church Court Croo. 1. 275. Nor for this Thou art perjured for thou art forsworn in the Bishop of Glocester his Court Croo. 2. 436. and yet in Croo. 2. 185. it is held to lye for saying of a woman Thou hast taken a false Oath in the Consistory Court of Exeter This Action will not lye for these words Old Apthorp is a perjured General and incertain words Knave for he did swear that such wood was worth forty shilliâ—gs whereas it was dear of a mark Bulstr 3. part 150. Nor for this A. is a perjured old Knave and that is to be proved by a stake parting the Land of A. and B. Coo. 4. 19. Nor for this I marvaile you would marry your Daughter to such a forsworn man Bulstr 1. 150. Incertainty Nor for this I know who spoke those words Winitte and Bell perjured Rascalls I mean to have their ears cut and tongues cut out for here being no Christian name Non constat de persona Bendlows Rep. 134. Nor for this Thou art forsworn and hast taken a false Oath at Hereford Assizes for this might be out of a Court in an ordinary spéech But if the words be He took a false Oath in Hereford Assizes it were more dangerous Pasche 15. Car. B. R. or it be averred to be in a Cause there then the Action will be maintainable Cro. 1. 209. March Rep. pl. 17. Nor will it lye for this He is detected for perjury in the Starre Chamber Coo. 4. 16. Nor for this Thou hast got thy living by swearing and forswearing Mich. 9. Jac. B. R. Some have said that it would have laine for this He hath delivered an untruth in a material thing in the Starre Chamber Croo. 1. part last publisht 583. And yet it is agreed not to lye for this Hee hath delivered an untruth in his Answer in the Chancery 38 39 Eliz. Browns Case Croo. 1. part last publisht 375. 500. yet it was said to bee agréed to lye for this He is forsworn in his Answer to Christmers Bill in the Chancery Croo. 1. 234. Noys Rep. 36. It hath
enough against J. S. for Mr. Harley hath found Forgery and can prove it against him Hobb Rep. 3. 467. pl. 395. 382. Nor for this I have found Forgery against thee and can prove it Huttons Rep. 39. This Action it is said will lye for this Thou hast forged a Record Of a Record Sect. 2. in Abergaveni Court Mich. 7. Car. 1. B. R. for this is punishable by the Common Law though not by the Statute So for this Thou hast forged a Recognizance taken before Fisher and others Croo. 1. last publisht 883. So for this Thou hast sued out a Writ against mee and got a counterfeit Warrant of thine own making Mich. 20. Jac. B. R. Stones Case It lay for this So for this Thou hast forged a Privy Seal and a Commission why dost not thou break open thy Commission Croo. 1. part 237 So for this A. hath forged the last Queens Writ Yelvertons Rep. 146. So for this Thou hast forged a Writ of Quare impedit Croo. 1. part last publisht 178. So for this Thou camest with a counterfeit Commission when hée had a good Commission Yorks Case So for this said of a Warrant on a Latitat that comes under the Sheriffs name This is a counterfeit Warrant made by Mr. Stone Innuendo the Plaintiff had counterfeited it Croo. 2. 648. So for this said of one that had got a License out of a Court to compound with an Informer That hee forged it Bulstr 2. part 136. So for this Thou hast couzened the state of two thousand pound and hast foisted in words into the order of composition Stiles But this Action will not lye as it is said for this Thou hast made a Of a Deed. Sect. 3. false Bond. Nor for this Thou hast made a false Deed. Pasche 39. Eliz B. R. Nor for this This is the writing of J. S. hee hath forged this Warrant Hobb Rep. pl. 3. Nor will it lye for this A. shewed mee a Bill of forty pound Innuendo such a Bill as White had made him unsealed and after he shewed it him sealed and that A. had forged a Seal to the said Writing Hobb Rep. pl. 8. 48. Nor for this This is John Thomas his writing hee hath forged this Warrant Innuendo a Warrant made c. for its incertainty in the Innuendo word warrant and the Innuendo will not ascertain it Hobb Rep. pl. 4. Incertainty 48. Thomas and Areworths Case Nor for this Hee hath forged a Warrant for it may be a warrant for a Buck. It was the opinion of some Iudges that it may lye for this thou art a forger of Writings But of others not Croo. 1. last publisht 553. Nor for this Thou art a couzening Knave and shewedst forth a forged Deed. Bulstr 2. part 132. Nor for this Hee hath forged a Writing For this is altogether incertain Hobb Rep pl. 3. 30. and an Innuendo such a writing will not make it certain and actionable Hobo pl. 48. Harvey and Duckins Case And yet it will lye for saying Hee hath forged a Deed. Owens Rep. 47. This Action will not lye for this Hee hath made a false Bond. Croo. 1. last publisht 607. It is said to be adjudged not to lye for this Thou art a forger of false Writings Yet sée the contrary before said to be adjudged otherwise Nor as it séems for this Thou hast made false writings thereby to get my Land from mee Croo. 1. part lost publisht 855. Nor for this One of you forged a Subpena out of the Chancery Innuendo Of a Record the Plaintiff for this is incertain and the Innuendo will not make it certain Innuendo Nor for this Thou hast made the great Seal Nor for this Thou wast cubbed up for forging of Writs Croo. 1. part last publisht 234. Nor for this Hee hath made false Records and verifies them Stanhops Case Nor for this Thou gettest thy living by false Writs But here wée must also annex the former Rules 1 That for many of the words before named not actionable if the party of whom they be spoken have any special losse by them hée may have this Action for them 2 In this Action hée néed not alledge any special damage by the words where the words are in themselves actionable 3 But the words must be malicious false certain and under the Rule of qualification by other words for by these things the words that otherwise in themselves may be actionable may prove unactionable CHAP. XIV Of Words of Slander about Matter of Incontinency AS to this these things are to be known Sect. 1. 1 That Slanders are Defamations of this nature being said to be spiritual and properly to be heard and Determined in the Spiritual Court and there the party grieved by them is to have his relief 2 That a charge of Incontinency is notwithstanding in the eye of the Common Law a foul charge and punishable in divers cases by corporal punishment for if a woman have a Bastard shée is by this made liable to such punishment as the Iudges in discretion shall inflict and they alwaies inflict whipping imprisonment or the like 3 That generally this Action will not lye for Slanders of this nature but in Cases where a man hath or is like to have some special damage by the speaking of the words And yet in some special Cases the Action is given because it is necessarily intended to be a damage to the party of whom they are spoken and that it cannot be otherwise 4 That whiles there was a Law to punish more severely Adultery Fornication Baudry and the like offences the speaking of words of this nature might happily be more dangerous than now it is that this Law is removed See Stiles Rep. 424. 452. 455. It hath therefore béen adjudged resolved or ruled by the Iudges And it is said by them that this Action will lye for this You are a Whore and have played the whore with so many men you cannot number them And that Iudgement was given in this Case for the Plaintiff without Averment Averment of any special losse by the words Stiles Rep. 328. So for this This is the Whore that my man C. did beget a Bastard upon and spent all my money upon and the Qucan hath been too long in Town for my case Stiles Rep. 274 277. So it will lye for this said of one about to be married Shee is a Whore and I will maintain it and I will spoil her marriage And it was said it shall be actionable albeit shée did not lose her marriage by it Bendloes Rep. 148. Godb. Rep. 273. So it is said it will lye for this Thou art a Whore and I will prove thee a VVhore and thou hast made my house a Bawdy-house VVilliams Case B. R. Trin. 1655. So for this said to a woman married Thou art a common Bastard-bearing Whore and hadst two Bastards by a Butcher and I will prove it Stiles Rep. 424.
not lye for this Thou art a common Barretor and I will Indict thee for it at the next Sessions Hobb Rep. pl. 188. Knave Nor will it lye for calling of one that is an ordinary person Knave or false Knave or cozening Knave or cheating Knave or crafty Knave or the like will not bear Action But to call one Bankerupt-knave Traytor-knave or Perjuted knave or the like Huttons Rep. 13 14. Bulstr 2. part 218. Stiles Rep. 17. Finches Law 186. Nor will it lye for this Thou art a Villainous Knave nor for this Thou art an arrant Knave Croo. 1. last publisht 403. Finches Law 186. And yet it hath béen adjudged to lye for this Thou art a Pillory-Knave Remember Brown thou shouldest have been set on the Pillory Croo. 1. last publisht 11. Brown and Dawks and 26. Griffiths Case Co. B. But in B. R. the Court séemed to bée of another opinion Croo. 1. part last publisht 31. To have called a man Villain when villenage was in force would not Villain have born Action unless hée had said Villain to such a man or Regardant to such a Mannor Finches Law 186. It is said this Action will lye for this You are a branded Rogue and Rogue have held up your hand at the bar and deserve to bee hanged and shall bee hanged Stiles Rep. 49. 50. Bulstr 1. part 138. Popham Rep. 177. So for this Thou Sirrah art a Rogue and a runaway Rogue and didst run away from Oxford and art a Rogue upon Record at Oxford Branded Rogue For these last words only Stiles Rep. 220. But it is said that this Action will not lye for this alone Thou art a Vagabond Rogue Rogue Coo. 4. 15. Kitch 173. Nor as some have held for this Thou art a branded Rogue M. 9. Jac. B. R. Harrisons Case Nor will it lye for calling a man Vagabond and a Rogue Croo. 1. last publisht 843. 157. Finches Law 186. This Action will not lye for all these words spoken together Thou art Villain Rogue Couzener Blood-sucker Vermine False Brother Liar Conspirator Railer Sower of Discord Malefactor Miscreant Hypocrite a Villain Rogue Couzener Villainous Knave and Blood-sucker Varlet Rascal Vermine of the Earth false Brother Lyar Conspirator Railor Sower of Discord Malefactor Miscreant Hypocrite And therefore a Fortiori the Action will not lye for the speaking of any one or of some of these words Popham Rep. 177. Bulstr 1. part 138. Coo. 10. 131. Croo. 1. 352. Jenk Cent. 7. Case 70. Kitch 173. Croo. 2. 473. Huttons Rep. 13. 14. And yet some of these words spoken of an eminent person as a Péer of the Realm may be actionable Leonards Rep. 335. Nor will it lye for this to say Thou art of ill Name For the Law looks upon these but as hasty passionate and foolish words not worthy of Action But here it is to be observed that for many of the words not actionable they do notwithstanding import crimes subject to severe punishments viz. Imprisonment Pillory Fine to be bound to the good behaviour and the like And therefore it is granted that some of these words when spoken to eminent persons or to ordinary men in Office or Trade with reference to their Offices and Trades or to any man whatsoever that is specially damnified by them they may be actionable Coo. 4. 15. 17. 20. Mich. 19. Jac. B. R. Harrisons Case March Rep. 114 115. Brownl 1. part 9. 10. 12. Leonards Rep. 335. And now that wée are fallen upon some words spiritual whereof our Common Law taketh no notice to punish and upon light passionate and vain words not actionable wée will give you the residue thereof in this place CHAP. XVI Of words Spiritual Passionate and Vain for which no Action is given THere are some other words that have an import in them of Infamy Sect. 1. and discredit but are said to be of a spiritual nature and not under the Conusance of the Common but of the Civil Law And there are other words that are said to be only passionate vain and empty words for either of which the Law gives no Action It is held therefore that to call one Bastard Whore Whoremaster Spiritual Slanders Advowterer Fornicator and the like these Slanders if any be in them are méerly spiritual and are properly examinable and determinable in the Ecclesiastical Court And therefore the Common Law doth not intermeddle with them but in Cases where they are intermingled with some temporal damage occasioned by them to any man in which Cases the Law Averment doth give him repair for his damage only by this Action And therefore the Plaintiff in such Actions is alwaies to make in his Suit brought a special Averment of his damage Otherwise the Temporal Courts have no Conusance of the Cause For this see chap. 14 And therefore no Action will lye in any of our Temporal Courts for any charge of Incontinency as a Defamation only for calling of one Whoremaster or Whore for saying that one was naught with another that hee or shee hath had children by another man or by another mans wife or the like But for this hée is to have his remedy in the Spiritual Court So if one man call another Heretick Schismatick Bastard Miscreant Heretick Schismatick Miscreant Advowterer Fornicator or the like no Action will lye for this simply in any of our Temporal Courts except the Case be such that there be withall some special damage a cerewed thereby to the party of whom the words are spoken It hath béen therefore adjudged that this Action will not lye for saying that hee had two Bastards and should have kept them and that by reason thereof discord did arise betwéen him and his wife and they were like to have béen divorced Croo. 2. 473. And 27. H. 8. 14. 17. Coo. 4. 16. 17. 20. Croo. 2. 163. 473. Bulstr 2. 89. 12. H. 7. 22. Noys Rep. 85. Croo. 1. 107. 186. Goldsb 36. Hobb Rep. 376. 397. Coo. 5. 57. See chap. 3. chap. 14. The words that follow are light and trivial or hasty and passionate words And therefore as wée have shewed before they give no Action as for any of these words Villain Rogue Knave Bastard Varlet Cheater Couzener Railer Liar Miscreant Vermine Hypocrite and the like except it be in case where some special damage comes thereby to the party of whom the words are spoken And it must be a real and considerable damage also for an imagination or suspition of damage only will not serve Croo. 2. 473. And these following words are looked upon as trivial words for which no Vermine False Brother Rogue Action◠is given viz. Thou art a Vermine of the Earth a false Brother 25. Eliz. B. R. Thou art a Rogue and I will prove thee so Goldsb 2. part 272. I never held up my hand at the Bar as thou hast done Goldsb 2. part 272. Thou deservest to be hanged Hobb pl. 185. Yelverton Thou
Action lyes for saying that a woman Inholder had a great infectious disease by which shée lost her Guests Infectious disease Banisters Case 25. Eliz. And it was resolved that an Action lyes for saying of the Son and Heir Hee is a Bastard for it tends to his dis-inheritance But if the Defendant too be right Heir and the other a Bastard then it is not actionable Coo. 4. 16. Case 12. James and Rutlech The Action was brought for these words Hang Incertainty 1. Of persons 2. Of things Pox. him hee is full of the Pox Innuendo the French-Pox In this Case it was resolved that two things are requisite in this Action 1. That the person scandalized be certain 2. That the scandal be apparent by the words themselves and therefore if one say One of the Servants of J. S. is a notorious Theef or Traitor if hée have more servants than one no Action will lye upon this So I know one that is neer to J. S. is a notorious Theef c. But if two speak of B. and one of them say Hee is a notorious Theef an Action may lye for this and B. may reduce it to a certainty by Innuendo Innuendo predict B. for the office of an Innuendo is for to design the person that was named before in certain and in effect is instead of predict But this will not make that certain which was incertain before and subject to a deceiveable conjecture But if one say to B. Thou art a Traitor an Action lyes for constat de persona So here where two speak of the Plaintiff and one as the Case is saith Hang him c. there the Innuendo will denote the person but it cannot extend to make the intent to be the French-pox by imagination which is not apparent by the precedent words and the words shall bee taken in mitiori sensu Coo. 4. 17. Barhams Case Coo. 4. 20. is to the same purpose which Case is also reported by Yelverton 21. Case 13. Oxford and his wife against Crosse The Plaintiff brought an Action in London for calling the wife of the Plaintiff Whore The Defendant removed it out of London by habeas corpus A procedendo was prayed because Whore in London the Action was maintainable in London though not at Common Law But it was denyed by the Court for such a Custome to maintain brabling words is against Law Coo. 4. 18. Case 14. Bittridge Case B. R. Mich. 44. 45. Eliz. An Action was brought for these words M. B. is a Perjured old Knave and that appears by a Stake Perjury Adjective words Incertain words parting the Land of c. In this Case it was resolved that Adjective words are Actionable in Cases where they import any act committed or Slander of a man in his profession and here it appears by the rest of the words that they were not meant of Perjury before a Iudge c. 2. The discourse was vain c. And there it was said that upon all the words together no Action would lye but in Yelvertons Rep. 12. there is the same Case under the names of Bretchley and Atkins and the Iudges are said to bee divided in it and no resolution is said to bee given in it and in page 34. reported under other names to bee adjudged not Actionable And in the Case of Palmer and Crofts it was resolved that the suit for Scandals in the spiritual Court must have three incidents 1. It must Spiritual slanders concern matters spiritual 2. And matters spiritual only 3. It must not demand damages Coo. 4. 20. Case 15. Havely and Sidnham Mich. 14. 15. Eliz B. R. The Action was brought for these words Mr. H. is infected of the Robbery and Murder lately Infected of a Murder committed and doth smell of the Murder Innuendo predict felon et murdre in forma predict commiss which was before alleadged to bee done And it was adjudged to lye especially for the word Infected Dyer 317. Case 16. It hath been adjudged to lye for this Hee was in the Gaol at Norwich for Robbing one by the High-way Albeit hee did not aver that hee was not Charge of theft Indirect words Averment in the Gaol but it is most safe for the Plaintiff to say hee was not in the Gaol and albeit no Robbery were in the Case So for saying Hee was in the Tower for High-Treason So for saying Hee hath Robbed J. S. albeit J. S. were never Robbed Sprat and Haines Mich. 9. Jac. B. R. Case 17. It hath béen adjudged to lye for this said to a Son in Law of his Father in Law A. B. told mee that hee was accessary of Stealing Tucks Sheep and that hee was as very a Theef as any in Launson Gaol and hee averred Slander by Report about theft Averment that A. B. did never tell him so and that Tucks Shéep were stoln and that there were certain Felons in Launson Gaol and that if A. B. did not speak the words or did not speak all the words that are Actionable this Action will lye against the Defendant Mich. 9. Jac. B. R. Case 18. It hath been adjudged to lye for this of A. B. Hee was Perjured Jacob and Sugate Perjury Case 19. It hath been adjudged to lye for this said of a Shoo-maker that lives by buying and selling Thou art a Bankrupt and I will drive thee out of Bankerupt the Country for a Bankrupt Day and Chandler Mich. 9. Jac. B. R. Case 20. It hath béen adjudged as it is said not to lye for this She is a Whore Charge of Incontinency Spiritual Reads Whore and shee was ridden up stairs and down stairs M. 9. B. R. Case 21. It hath béen adjudged to lye for this said to J. S. Go and tell A. B. hee Charge indirect is a Theef and I will justifie it Albeit J. S. do never tell A. B. so Mich. 9. Jac. Fox and Bell. B. R. Case 22. It hath béen adjudged to lye for this said to Covell I did tell Mr. Carus Charge indirect that I am neither Traitor to my Prince nor Rebel to my Country as J. S. is Albeit the Defendant did never say the words to Mr. Carus but only to Covell and albeit hée had spoken them so secretly to Covell that By a Letter sealed sent to the party no other person heard them And there it was said that one was punished in the Starre Chamber for sending a scandalous Letter sealed and sent to the party slandered albeit it was never published nor known to any other but himself Mich. 9. Jac. Case 23. It was adjudged to lye for these words spoken by a woman that had a Charge of Theft Husband Thou dost not live honestly for thou hast stoln my two Cocks albeit they were her Husbands and not her Cocks Mich. 9. Jac. Case 24. It hath béen adjudged to lye for this Hee came to my Wife and took Charge
292. Action for this Whereas hée was indicted arraigned and acquitted of Slander of a Justice of Peace such a Felony before the Iustices of the Peace of the County of Norfolk that the Defendant said of him If Mr. Hasset and one A. Iustice of Peace of the said County had done Justice Royal had been hanged for robbing me It was adjudged for the Plaintiff Royal and Peckham Mich. 42. Eliz. Com. B. Croo. 1. part last publisht 786. See here 278. and 334. Case 293. An Action was brought for this Thy Mistress is an arrant Whore and Charge of Incontinency would have layn with mee seven years since and I would not unless shee would go to the hedge And it was alledged that shée was in a communication with J. S. of marriage and thereby lost it and upon not guilty Spiritual pleaded and a verdict it was moved in arrest of the Iudgement for that the words were méerly spiritual and punishable in the spiritual Court And that an Action lyeth not for calling of one Whore or Heretick by our Law But they held if the words had béen spoken to him who was in communication Loss of Preferment to have married her so as it had appeared hée had done it purposely to hinder the marriage as in Anne Davis Case the Action is maintainable for the losse and in this Case it was adjudged against the Plaintiff Holwood and Hopkins Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. See Case 277. Case 294. Action for this Thou art forsworn in the Carpenters Hall and didst Charge of Perjury of couzening rob the Hall and deceive the Company of twenty pound And hée set forth that the Company was a Corporation and hée Master of the Company and had the goods and mony appertaining to it and sworn to render an account It was adjudged that it lay not for the first but it lay for the last words and that when any of the words are actionable the Plaintiff shall have Iudgement Thaxby and Smith Mich. 42. Eliz. Co. B. Croo. 1. part last publisht 787. Case 295. Action for this Thou art a Bankerupt Knave a Vagabond and a Rogue It was held by the Court cleerly that it lyes not for Vagabond Bankerupt Knave Vagabond Rogue and Rogue And of Bankerupt Knave it is doubted Robbinson and Mellor Trin. 43. Co. B. Croo. 1. part last publisht 843. But afterward in the Case of Wolverston and Meres Mich. 44. Eliz. B. R. It was adjudged to lye for saying of a Merchant Hee is a Bankerupt Knave and affirmed in a Writ of Errour Croo. 1. part last publisht 911. And in Croo. 2. 345 Selby and Carrier Action was for this Hee is a Bankerupt Knave and upon not guilty a verdict and motion to arrest the Iudgement because the words were not actionable it was held being two Substantives they were actionable otherwise if it had been Bankeruptly Knave or Adjectively spoken And Iudgement was given for the Plaintiff And yet see Croo. 2. 585. Squire and Johns It is adjudged to lye for saying of such a one Hee is a Bankerupt Knave Action for this brought by one that was Sheriff of a County the last Slander of an Officer Words general and incertain year and that is Sheriff also this year for words spoken to his servant viz. Your Master must not look to have such hudling and shuffling up of matters this year as he had the last year It was adjudged that the words were not actionable Brown and Streete Mich. 43. Eliz. B. R. Croo. 1. part last publisht 848. Case 296. An Action was brought for words and the Plaintiff declared after Declaration Incertainty this manner that the Defendants Wife spake of the Wife of the Plaintiff Quaedam falsa scandalosa verba quorum tenor sequitur in haec verba Thou art an arrant Whore c. And the whole Court held the Declaration ill The words were Thou art an arrant Whore an old worm-eaten Jade and one of thy sides hath been eaten out with the Pox. And the Court held them actionable Croo. 1. part last publisht 857. See before Case 249. Case 297. Action for this said of an Attorney Hee is a paultry fellow his credit Slander of an Attorney doth begin to crack hee doth deal on both sides in Com. B. And Iudgement was given for the last words Hee doth deal on both sides And affirmed in a Writ of Errour in B. R. Mich. 45. Eliz. B. R. Croo. 1. part last publisht 914. Case 298. Action for this Thou art a lewd Fellow for thou hast drawn such a Caused one to be perjured one to Perjury upon a Writ of Errour after Iudgement for the Plaintiff it was held by all the Iudges that the words are actionable as to say Thou hast suborned a man to perjure himself Clerk and Penkeven Mich. 44. 45. Eliz. B. R. Croo. 1. part last publisht 899. Case 299. An Action was for this Hee was indicted for Felony at a Sessions held He was indicted of Felony Averment at _____ And did not averr that hée was not indicted and judgement was staid after a verdict for the Plaintiff for lack of Averment Also it was doubted whether the words be actionable or not for an Indictment is but a surmise Hobb Rep. pl. 289. Blands Case See here 283. Case 300. Action for this Thou didst steal a Sack The Defendant pleaded that a Sack was stoln and common fame was that the Plaintiff had Justification stoln it and upon this hée informed against him to a Iustice of Peace but before the Iustice he used these words to the Plaintiff Thou didst steal c. whereupon the Plaintiff demurred in Law And it seemes the Iustification is not good Scarlet and Stiles Hobb pl. 238. See Brownl Rep. f. 3. Case 301. A. sent a Letter closed and sealed to Sir Baptist Hicks which was so Libel delivered to his hands containing many despightful scandalous words delivered Ironice as saying you will not play the cheater nor the Hypocrite and in that sort taunting him for an Alms-house and certain good works that hée had done all which hée charged him to do for vain glory for which hée was punished in the Starre-Chamber But it séems no Action will lye for this Hobb Rep. 276. Hicks Case Case 302. Action for this I charge him Innuendo the Plaintiff with Felony I charge him with Felony for taking mony out of the pocket of Henry Stacy A verdict for the Plaintiff yet Iudgement was given against him and the words held not actionable for it is no direct charge and the latter words make them ambiguous and qualifie them Hobb Rep. pl. 381. Poland and Mason And yet see after Case 315. 339. that to say I charge thee with Felony is actionable Croo. 2. 312. Case 303. A prohibition was prayed by the Defendant because hée being of Counsel with the Defendant in an Action of the Case
him five pound a year for his gifts for Justice matters Justice of Peace slandered It was held by the Court that for the word partial Justice and not for any of the rest of the words the Action will lye Kempe and Howsgoe Croo. 2 90. Mich. 3. Jac. B. R. And so for this You are a sweet Justice you sent your Warrant for J. S. to be brought before you for suspition of Felony and afterwards sent J. D. to him to give him warning thereof that hee might absent himself It was adjudged for the Plaintiff and that the words are actionable Burton and Tokin Hill 4. Jac. B. R. Croo. 2. 143. And so for this that whereas hée had upon Articles exhibited bound another to appear at Sessions c. That thereupon he spake thus By your means I had wrong at the Sessions for you caused Hickman to swear against mee a thing that was not true Innuendo the said Oath And it was adjudged for the Plaintiff Croo. 2. 308. Sir Walter Chetwid and Meeston M. 10. Jac. B. R. And so for this said of him Hee hath forged a Recognizance taken before Fisher and others It was adjudged actionable Chitchly and Barker Pasche 44. Eliz. B. R. Croo. 1. part last publisht 883. Case 335. Action for this pretended to be said of the Plaintiff My Brother prefat querend Innuendo is Perjured and upon not guilty pleaded it was Incertainty in the Person found for the plaintiff and upon motion to arrest the Iudgement it was held that there appearing to the Court no other Brother and it being averred to be spoken of him and so found by the Iury it was well enough and it was adjudged for the plaintiff and there this Case was said to be adjudged Endeavour to Murder That murdrous Knave Stroughton lay in wait to murder me and one Tho. Stroughton sued upon them and had Iudgement after upon not guilty he got a verdict for him Croo. 2. 107. Wiseman and Wiseman Hill 3 Jac. B. R. Sée Case before 275. Case 336. Action for this the Defendant Hec falsa scandalosa verba sequentia dixit publicavit viz. Mr. Price you doe my Lord Burleigh wrong that you doe not apprehend Jeremy Johnson Innuendo the Plaintiff for a Felon and seize his goods for he Innuendo the Plaintiff hath stoln a Sheep from Incertainty Wright of Kirsby Innuendo John Wright upon not guilty pleaded and a verdict for the plaintiff it was adjudged against him with the Defendant because it is not alledged in the Declaration or writ to be spoken of the Declaration Plaintiff but only in the Innuendo and the Innuendo without an expresse allegation that the words were spoken of the plaintiff will not maintaine Innuendo the Action Johnson and Sir John Aylmen Croo. 2. 126. Sée Case before 275. Case 337. Action for this Arthur Colome is a forsworn man and hath taken a false About Perjury Oath in his deposition at Tiverton where he waged his Law against me It was adjudged for the plaintiff after motion to arrest the Iudgement Colomes case Croo. 2. 204. Sée before Case 259. Case 338. Error in the Exchequer Chamber of a Iudgement given in the Kings Bench for this Thou art a Witch and that I will prove I have seen thy Impes About Witchcraft or Spirits in the night thou didst unbewitch my childe Iudgement being given that the words were actionable it was assigned for error that it lay not and of that opinion were all the Iustices and Barons For to say Thou art a Witch hath béen often adjudged not to be actionable and the additional words are but matter of Fancy c. wherefore the Iudgement was reversed Lloyd and Cook Pasche 14 Jac. B. R. Croo. ◠399. Action for this Thou art a Witch and by thy means I have lost my Mare And it was moved in arrest of Iudgement that the words be not actionable for they are too general and of that opinion was al the Court absente Mountague and gave Rule that Iudgement should be entred for the Defendant Hawks and Awge Pasche 17 Jac. B. R. Croo. 2. 531. Sée Croo. 2. 600. Martin and his Wife and Studling M. 12. Jac. B. R. the like opinion of the Iudges See Croo. 531. Oliver and Steephens Pasche 17 Jac. B. R. Case 339. Action for this Thou didst set upon me and tookest away my Purse with Charge of Robbery twenty Marks in it goe with me before a Justice of Peace I will charge thee with Felony Adjudged that the Action well lay and thereupon Error brought in the Erchequer Chamber that the words were not actionable All the Iudges and Barons agréed that the words are very slanderous and tant amount as I doe charge thee with Felony wherefore the Iudgement I doe charge thee with Felony was affirmed And yet in Croo. 2. 315 Holland and Stoner Mich. 10 Jac. B. R. The Case was Error of a Iudgement in the Kings Bench in an Action for these words Thou art a lewd Fellow thou didst set upon me by the High-way and take my Purse from me and I will be sworn to it and the Error was that the words were not actionable for he doth not charge him with Felony nor with Robbing of him or any felonious taking away his Purse for it may be hée took it in jest or for some other cause and it is not any direct slander and of that opinion were all the Iudges and Barons wherefore the Iudgement was reversed But for this sée before Case 302. 315. Case 340. In the Case of Jacob and Mills Pasche 11 Jac. B. R. An Error was assigned Charge of Poysoning for these words in the Declaration viz. Hee hath poysoned I. S. Quendam I. S. ad tunc defunct Innuendo because hée did not aver hée was dead at the time of speaking the words for Ad tunc referres to the Averment time of the Declaration And it was the opinion of all the Iudges and Barons that it was error Croo. 2. 343. Case 341. Action for this Thou art a Bankerupt Rogue and accounted a common Rogue Charge of stealing Corn. Knave and thou art a Thief and hast stoln my Corn. To the first words Thou art a Bankerupt Rogue and accounted a common Knave The Defendant pleaded not guilty and to the last he justified And both found against him damages for the first twelve pence and for the last thirty nine Bankerupt shillings and costs for both the plaintiff having Iudgement for both was for this cause reversed For the first words are not actionable the plaintiff being neither Merchant nor Trades-man And the Iudgement being entire it is reversable in toto for in the Iudgement the damages Damages are joyned that are severed in the verdict Croo. 2. 424. Pasche 53 Jac. B. R. Lloyd and Peirse Case 342. Action for this Thy Master Brown hath robbed me of all my goods and
the Crown Blunts Glossographia expounding Tearms of the Law Boones Examen Legum Angliae COoks Reports eleven Parts French Idem in English Twelfth Report English Select Cases Entries On Littleton the first part of his Institutes I On Magna Charta 2. Pleas of the Crown 3d. 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FItz-herberts Abridgement Table to the same Natura Brevium in French Idem in English Justice English Finches Law French English Table to Hobart Fidels Presidents Fleta cum Seldeni notis Fulbecks Parallels Preparative to the Study of the Law Fruits of Pleadings Fortescue de Laudibus Legum Angliae Fillacers Office Fees of Courts Fleetwoods Justice Free-holders Grand-Inquest Quarto GOdbolts Reports Gouldsboroughs Reports Gregories Moot-Book Grounds of the Law Greenwoods Curia Comitatum Rediviva County Courts Glanvil of the Law Grotius of the Law of War and Peace Godolphin of the Court of Admiralty in Octa. HEnry the fourth and fifth Henry the sixth two Parts the seventh Abridged Hobarts Reports Huttons Reports Hackwells Liberty of the Subject Passing of Bills Hughs Commentaries on Original Writs Parsons Law Reports Abridgement Quarto two Volumes Grand Abridgement two Volumes Hearns Law of Conveyances Modern Assurances Lent Reading Of Charitable Uses Pleader in Folio Hetlies Reports Horns Mirror of Justices in French Idem in English IVs fratrum per Page Judge Jenkins Tracts of the Law Jenkins Rerum Judicatarum Pacis Consultum Idea of the Law Justice Restored Justice Revived Irelands abridgement of Cooks Reports Judgements of the Upper Bench Instructions for the Court of Wards KElyweyes Reports with Dallison and Benlows Kitchin Court-Leet in French Idem in English LOrd Leighs Reports fol. Lamberts Saxons Laws Justice Perambulation of Kent with Cinqueports Archeion Duties of Constables Long Quinto Liber Intrationum Linwoods Constitutions Lanes Reports in the Court of Exchequer Lawyers Logick Littletons Tenures French in English Laymans Lawyer Leighs Law Terms Lees Wards and Liveries Layers duty of Constables Leonards Reports first and second Legis Fluvium Latches Reports fol. MAnwoods Forrest Laws Marches Reports Actions of slanders two parts Amicus Republicae Marches Cases Magna Charta Moyles Entries Moores Reports French Modus Tenendi Parliamenti with Hackwel in 12 NOys Reports Maxims of the Law Compleat Lawyer Nusances Novae Narrationes ORdinances of the Lord Protector Ordinances in Parliament Owens Reports Orders for the Poor Orders in Chancery Order and Method of passing Bills in Parliament in quarto PHillips Principles of Law Placita Rediviva Pryns Parliamentary Writs Plea for the Lords Records of the Tower Poultens Statutes Abridgement De pace Regis Plowdens Reports Abridgement Quaeres French English Pophams Reports Powels Attorneys Accademy Court Leet Repertory of Records Attorneys Almanack Search of Records Penal Statutes Perfect Conveyancer Perkins Law in French Idem English Practice of the Chancery Presidents of Instruments Placita Parliamentaria Parsons Answer to the fifth part of the Lord Cooks Reports RAstals Statutes large two vol. Abridgement Entries Register of Writs Rules of the Upper Bench Common Pleas Chancery Ridleys view of the Civil Law Reformatio Legum Ecclesiast Rights of the People Rights of the Kingdom Scobels Collection of Acts and Ordinances Statutes of sixteen and seventeen Caroli Stiles Reports fol. Practical Register Statutes of Ireland two Volumes Stathams Abridgement Scotch Laws two Volums Sheppards Epitome of the Common and Statute Law Touchstone of Common assurances Marrow of the Law or the Faithful Counsellor two parts Parsons Guide or the Law Tithes Presidents of Presidents Justice of Peace Justices Clerks Cabinet Presidents Office of Constables Court Keepers Guide Action on the Case for Slander County Courts Proposals for regulating the Law Survay of Justice Of Corporations Sovereigns Prerogative Spelmans Glossary Constitutions Smalls Declarations Swinburn of Wills Special Law Cases Selden of Tithes Arguments about Liberty of the Subject Priviledges of the Barons in Parliament Sea-Laws in Octavo Shearmans Estates Tail Ship-mony Star-Chamber Case Stamfords Pleas of the Crown Skein verborum significat Stones Readings on the Statute of Bankrupts Smiths Common-wealth of England in twelves TEnures of Ireland Table to Edward the 3d. second part Quadragesimus To Henry the 6th To Henry the 7th To Dyer Three Readings viz. of Sir James Dyer Serjeant Brograve and Sir Tho. Risden Judge Thorps Charge Tothils Transactions in Chancery Treatise of Barons Trotmans Abridgement of Cooks Report Theloalls Digest of Writs Terms of the Law Thesaurus Brevium or a collection of Writts used in the Kings-Bench Tything Table in quarto VErnons Regulation of the Exchequer VVInches Reports Wests Presidents 2 parts Womans Lawyer Wisemans Law of Laws Wingates abridgement of the Statutes Body of the Law Summary of the Common Law Statuta pacis Maxims or Reason of the Law Wilkinsons Office of Sheriffs White of the praise of the Law Majestas Intemerata in twelves YOungs Vade Mecum Yelvertons Reports ZOuch Elementa juris prudentiae Juris Fecialis Specimen Questionum Questions and Cases Resolved FINIS