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 of 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 than in times past : with an exact table annexed for the ready finding out of any thing therein / by W. Sheppard.

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 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 his Mannor , when hée is about , and hath néed to sell it , or the like : Or which tend to a mans dis-inheritance ; as to say to an Heir to Land , Hée is a Bastard , or the like : Or which tend any other way to the Bastardy . infamy , discredit , or disgrace of a man ; or that may any way import any damage to a man . All such words regularly are Actionable , Coo. 4. 13 , 14. &c. Coo. 10. 130. Dyer . 26. 72. Styles Regist . 6. Kitchin . 172. Bulstr . 1. Part. 40. This General Rule for the clearing of it , doth admit of many Extensions , and many Exceptions and Limitations , which wée shall lay down in the Rules that follow . The Rules of Extension may be these .

1. That albeit some of the words spoken at the same time are , and others Some words Actionable , others not . Sect. 2. of them are not Actionable , yet an Action may lye for the Actionable words , and the Action may be brought for them altogether . Dyer . 75. Plow. 118. Trin. 8. Jac. B. R. Lukers Case . Jenk . Cent. 7. Case 70. Coo. 10. 131. Styles 112.

2. That many words ( though of themselves they be not Actionable ) yet Words aequivalent to Actionable words . being equivalent to words that are Actionable , may bear an Action ; for they may prima facie , sound from the mouth of the speaker , in the ears of the hearer , as bad as any Actionable words . Pasche . 15. Car. 1. B. R. Agréed .

3. That it matters not how the words ( if they be Actionable ) be published Which way soever published . or divulged , whether by writing , or spéech ; for the Action is maintainable in both Cases . So a man might have béen charged in this Action for a slander , by a Bill in the Star-Chamber , and so hée may be now by a malicious Indictment . Coo. 4. 14 , 15. See in Huttons Rep. 10. In Owens Rep. 30.

4. That it is all one as to the maintainance of the Action , if the words Spoken to , or of a man all one . be spoken or written to the person slandered before his face , or of him behinde his back , Old Book of Entries . Coo 4. 14. 15. and Hob. P. 292.

5. That it is not material whether the words be spoken in the second person Spoken in the second or third person , all one . Theft . to the party slandered himself , as thus . Thou art , or you are a Théef , or in the third person behinde his back , thus ; J. S. is a Théef , for the Action is alike maintainable in both Cases . Coo. 4. 14 , 15 , 16.

6. Nor is it material in what language the words are written or spoken , Words written or spoken in another Language . whether in Latine , or Welch , or in the Native Language , they be scandalous in all , if they be spoken so as the hearers do , or may attain to understand the meaning of them . And yet if the words in their Native Language be such as are not Actionable , no Action will lye for them ; And if in another Language in the hearing of them that do not understand them , it séems they are not Actionable ; And yet if one speak words in another language that are Actionable , and hée English them himself by words that are not Actionable , it is said , the words shall not bear Action . Croo. 1. Part last publisht . 496 , 497 , 865. 15. Car. 1. B. R. in Hetleys Rep. 175. In Huttons Rep. 8. in Hobb . Pl. 155 , 351 , 236. Sée in Marches Rep. Bendlows Rep. 134. Styles Rep. 263. Yet sée Brownl . Rep. 6. Hobb . 126 , 291.

7. Nor is it material how the words be uttered , whether directly , or indirectly , Spoken after any manner of Speech . Sect. 3. Theft . and obliquely ; and whether by way of Affirmation , as A. is a Théef , or by way of Interrogation ; as where is the péece you stole from mée ? Hath that Bastard B. caused you to be arrested ? Hast thou béen at London to change the mony thou didst steal from mée ? or by way of Argumentation , as , I will prove J. S. to be a Théef : Or by way of Negation , when it doth imply an Affirmation , as You are no Théef ; or by way of Irony , as , You are no Théef , are you ? Or thus , I have said that J. S. is a Théef , and I Theft . will justifie it , and have told him so much to his face ; or the like . For in all these Cases they are Actionable , Pasch. 15. Car. 1. Appletons Case . B. R. Hill . 4 Jac. B. R. Lady Morrisons Case . Croo. 2. 275. Croo. 1. last part publisht . 273. Sée in March . Rep. fol. 7. pl. 18. and 58 , pl. 19. And so in like Cases . March . 19. pl. 44 , and 55. pl. 9. Goldsb . 186 , 139. Croo. 2. 103 , 569 , 406 , 422. Coo. 12 , 134. 30. Ass. 10. Jenk . Cent. 8. Case , Nelsons Case . Croo. 2. 275. Hobb . Rep , pl. 276 , 289.

8. Nor is it material whether it be spoken as from the Speaker himself , As from a mans self , or from the Report of another . or by hear-say , or by Relation , or by the Report of another , if the other did not report it . As when one saith , J. S. said A. B. is a Théef ; if J. S. did not say so , the words are Actionable , if hée did say so , hee may justifie the speaking of them . But if hée report the words , as to say , one said A. B. is a Théef , and not name the Author of the Report , the words are dangerous , and may be Actionable . Croo. 1. part last publisht 400. M. 9. Jac. B. R. adjudged Croo. 2. 102 , 406 , 407. In March . Rep. 8. Coo. 12 , 134. Jenkins Cent. 8. Case 7. Leonard . Rep. 187. Croo. 2. 275 , 422. Yelvertons Rep. 21. Bulstrode Rep. 3. 225.

9. Nor is it material whether they be uttered by way of earnest , or Spoken in earnest , or in jest . séemingly only in jest , but with a mind appearing to be malicious , and with a purpose to slander , for the Action will lye in both Cases .

10. Nor is it material , whether the man that uttereth them be sober , or Spoken by one sober or drunk . drunk with Wine or Passion ; for the Action lieth alike in both Cases .

11. Nor is it material , whether the words be delivered in one , or more Spoken at one , or more times , and in one or more sentences . Sect. 4. sentences , or spéeches , or at one , or more sentences or spéeches , or atone , times they may enure to the ag-or more times gravation of each other , or if the words be all of them Actionable give several Actions . Croo. 1. 238. Bulstrod ▪ 3. 283. Coo. 12. 134.

12. Nor is it material whether the Slander be raised and fixed by an extra-judicial way , as by ordinary Talk , or by a judicial way , as by Indictment , or the like , for in both cases they may be Actionable . Jenk . Cent. 7. Case 64. Kelw. 13. Coo. 4. 26. Dyer . 285. Leonard . Rep. 187.

13. That this Action will lye for words , though the words in a proper Taken improperly . Theft . spéech cannot be true ; as if a woman say to mée , Thou hast stoln my goods ; for shée hath no goods , but what is her husbands , adjudged . 9. Jac. Croo. Rep. 2. 60.

14. That the slander that doth concern a mans Life , Liberty , Member , or any corporal punishment , his Office , Trust , Calling , or the Charging with a foul disease , to cause a separation ; these Actions are maintainable without any Averment in the Action of any particular damage that came Averment . to the Plaintiff by it , but it is otherwise in the rest of the Slanders ; For if a man speak against another , words that are not in themselves Actionable , Rogue . Knave . Couzener . Fornicator . as that he is a Rogue , Knave , Couzener , Fornicator , or the like ; for these words hée can bring no Action without Averment of some special loss hée hath sustained by them .

15. That the Quality of the person of whom the words are spoken , doth The quality of the person of whom they are spoken considerable . Papistry . much tend to the maintainance of the Action . And therefore some words that in themselves are no Actionable ; relating to some persons , may bée Actionable . So that albeit it will not kear an Action to call an ordinary man Papist , yet it will bear an Action to call the Archbishop of Canterbury Papist . So albeit it will not bear an Action to say of an ordinary man , Hee is no true Subject ; yet to say so of a Privy Counsellor , Iustice of Peace , Sheriff of a County , Captain of a Troop of Horse , about the King , may be Actionable . As it is reported in Leonards Rep. 335. So to say to one of the Privy Counsel , Hee is an untrue man to the King . Trin. 32. Eliz. B. R. Walgroves Case . And yet it hath béen adjudged not to lye for this , said of a Knight , and one of the Gentlemen of the Kings Privy Chamber , That he was a couzening Knave , and lived by couzenage . In Godb. Couzening . Rep. 284. Croo. 2. 427. In Leonards Rep. 336.

16. That to charge a man with any Crime of Felony after a General , After a pardon . or special Pardon , albeit the Defendant know not of the Pardon , will bear an Action . So to charge a man with a Crime after hée hath béen indicted for it , and acquitted of it upon his trial on the Indictment . In Hobb . Rep. pl. 71. 105. In Owens Rep. 150. Brownl . and Goldsb . Rep. 10. 1. Ed. 3. Corone . 15. 2. Ed. 3. Corone 18.

17. That words that in , and of themselves , and in their own nature are Words not Actionable in themselves , that are actionable by circumstances and accidents . Treason . Felony . not Actionable , yet relating to some Persons in their Offices , Callings , and Conditions of life : Or by reason of some Accidents happening by them , they may be Actionable . As if one by doubtful and uncertain words ( that are not Actionable ) shall cast a charge of Treason , or Felony , or the like , and any special loss come to him of whom the words are spoken by them ; these words may be Actionable , Coo , 4. 15 , 17 , 20. Mich. 19. Jac. B. R. Harrisons Case . In March . Rep. 114 , 115. In Brownl . Rep. 1. 11 , 12. Croo. 2. 484. In Brownl. 2. part. 166.

18. That if a man speak many slanderous words together of another , hée Action brought for part of the words . of whom they are spoken , may have this Action for any part of the words alone , and omit the rest of the words . In Owens Rep. 30.

19. That there are some words , uncertain and unknown , and of no use in Words actionable in some Countries only . some Countries , that may be certain and known in other Countries , and be equivalent to slanderous words in another Country , and so be Actionable , being spoken there . And therefore for any such words spoken in the Country where they are used and known ; or spoken elsewhere , if it bee before them that understand them , they may bee Actionable . So to use any of these words , Thou art mainsworn ; or , thou art an out-putter ; or , thou art a healer of Felons ; or , thou hast strained my Mare ; or that thou ( being a Shooemakers Journey-man ) wilt cut thy Master out of doore . Every one of these spéeches are actionable in some places . But then Averment . some say , there must be this Averment in the Declaration , that they do carry this sense in the Country where they are spoken . And yet others say it may be proved at the Trial to have this sense . But it is most safe to averre it . And thus , to say of one in Devonshire , and thereabouts , Hee is a healer of Fclons ; For there it is taken for a hider , or concealer of Felons ; Healer of Felons . Mainsworne . where it is said , The healer is as bad as the stealer . So to say of one in some Countries , Hee is mainsworn , where it is taken for , Hee is forsworn . So to say of one in some Countries , Hee hath strained a Mare , where it is taken for , Hee hath stoln a Mare , or , buggered a Mare . So to Strained a Mare . Outputter . say of a man in Northumberland , Westmerland , and some other places , Hee is an out-putter , where it is taken for a Horse-stealer . So to say of a man in Westmerland , and some places , Hee is a Sheep-Theef , where it is taken for a Stealer of Sheep . So to say of a man in some places that is Sheep theef . servant to a Shoomaker , Thou wilt cut thy Master out of doors , where it is taken for , Thou wilt undo him . So to say of a man in some places , as Cut his Master out of doors . Daffidowndilly in the North Country , Hee is a Daffidowndilly , where it is taken for this , Hee is an Ambodexter : These , and such like words as these , spoken in the places where they are known , will be actionable . But some hold that if they be not spoken in the hearing of some that do understand them , that they are not actionable ; And yet this may be a little doubted ; For hée that hears them spoken may ask the meaning of them of those that know it . And so the party will be slandered , and have no remedy . Sée for all these things in Brownl. 1. part . 13. Hobb . Rep. 350. 236. 106. 126. 191. 394. Yelverton Rep. 153. Bulstr. 1. part. 146. March . Rep. pl. 2. 17. Bulstr. 2. 146. Coo. 4. 25. Brownl . Rep. 4. 6. In Hetleys Rep. 123. Noys Rep. 98. 133. Bendloes Rep. 186 , 187.

20. That where a Defamation is cast upon a man by déed , which is tantamount , Slander by Act done . or more than a slander by word ; as where a man is maliciously indicted for Treason , Felony , or the like ; there the party grieved may have this Action ; Bulstr. 3. part. 272.

21. That where words are in themselves actionable , as tending to the Infamy , Discredit , and Disgrace , and importing damage to the man of whom they are spoken , there the Action will lye without any Averment of any special loss by them . And so it is held for scandalous words that touch Averment . a man in his Life , Liberty , or Member , or any corporal punishment , or which scandalize a man in his Office , or Place , or Trust , or in his Calling , of Function , by which hée gets his living , or which do charge him with any great infectious disease . All such words will bear an Action , without alledging or averring of any particular damage by the speaking of them . But in all other Cases there must be a special damage alledged to be sustained by the Plaintiff , by the speaking of the words . And if that be in the Case , almost any words that carry any thing in them of a foul aspersion , may bée actionable . Bulst. 1. part . 40. So much of the Rules of Extension .

22. The Rules of Exception or Limitation shall be these .

That actionable words in all cases ( especially in cases where they may bring a man in dauger of his life , must have these qualifications and conditions in them .

1. They must be false , for if the thing spoken be true , let the words bée what they will , the party that speaks them may justifie them .

2. They must be malicious , and purposely ; and intentionally to slander and defame , for otherwise notwithstanding they be true , yet will they not be actionable .

3. They must be particular and clear , for if they be so general , as thereby to be ambiguous and doubtful , no Action will lye upon them .

4. They must bée of a simple , single , and known sense ; for if they be of an indifferent meaning , no Action will lye upon them .

5. They must be certain , against which there may not be any intendment ; for if they be altogether uncertain , either as to the person slandered , or the slander it self , no Action will lye upon them .

6. The words must have in them some matter of weight and substance ; for if the things spoken import no substantial matter , no Action will lye upon them .

7. They must be positive , affirmative , and direct , importing some peremptory Accusation ; for if they import a slander by way of Argument , Inference , or Implication only , no Action will lye upon them .

8. They must import a thing possible to bée ; for if they import a thing simply and apparently impossible , no Action will lye upon them .

9. They must import some Act done ; for if they import only an Affection , Inclination , or Intention to do something , and nothing done , no Action will lye upon them .

10. They must carry in them , or cause by occasion of them something of damage and prejudice to him against whom they are spoken ; for if it be apparent , they neither do , nor will bring any damage to him , no Action will lye upon them .

11. The words all of them spoken together must be actionable ; for if some of them only be actionable , and the rest spoken at the same time do qualifie them , and take away the force thereof , no Action will lye upon them .

12. They must be spoken in an extrajudicial way ; for if they be spoken in a course of Iustice , and a judicial way , no Action will lye upon them .

13. They must be spoken in the hearing of some body that doth understand them ; for if they be spoken in another language , which none of them that do hear them understand , no Action will lye upon them .

14. The words , if they charge a man with a crime , must import that the man charged hath notice , or knowledge of the ground or occasion of the crime , or they will not be actionable .

15. They must carry an Import of Slander in them , as they are taken and understood in their vulgar and common sense and acceptance ; for if they become scandalous , as they are taken in a forein , strict , and grammatical sense and construction only , this will not bear an Action . For the first of these .

1. The words spoken , and the thing said against him of whom they are The words must be false . Sect. 6. spoken must be false ; for the Writ is falso & malitiose , dixit , &c. And so the Action must be laid , or else it is not well laid . For if the words spoken be true , let them be what they will , the defendant in the Action may justifie the speaking of them . But in that case hée must take héed hée do not plead Pleading . not guilty ; And if they be malicious , and false , an Action will lye upon them . Dyer . 236. Broo. 104. Action of the Case . Huttons Rep. 73. Croo. 2. 91.

2. For the second thing ; The words spoken must be malicious , and with The words must be malicious . an intent and purpose to prejudice him against whom they are spoken ; For the Writ is falso & malitiose , and it must be both false and malitious , otherwise it is not good , it is therefore in this considerable Quo Animo . The words therefore must be such , as importing something , that if true , may bring the party against whom they are spoken , in danger for his Life , Liberty , Estate , or Credit , and no good cause can be shewed for the speaking of them . But for the discovery of the malice , these things are to bée known .

1. That where no other Cause can be shewed of the speaking of the words ; there the Law will take it to be malicious . That which is chiefly therefore to be considered , is Causa Dicendi . For if a Lawyer shall in the pleading of his Clients cause , innocently , and pertinently to the cause in hand ( which hée must look to ) and according to his Instructions , speak such words as may charge a man with a Crime , or bée actionable in another Case ; this shall not be taken to be malicious , and therefore not actionable . And yet if the Lawyer shall speak those words at another time , or in another place then when and where the Cause is debated ; this may be actionable . So where a Preacher in preaching shall recite a History out of a Book , that doth prove false and scandalous ; this will not be actionable . So if one advise his friend to forbear the Company of such a one , for that shée hath the Pox , or tell his friend of somewhat that is reported of him , and wish him to clear himself of it ; In these Cases no Action will lye , for these words . For here the cause , or occasion of the speaking of the words , doth shew , that there was no malicious intent in the speaker when hée spake the words . And yet if one shall make this but a Cloak for his malice in any such Case as this , it will be otherwise . But by these and such like Circumstances , it must be considered , with what mind hée spake the words , and whether there were malice in them , or not . Bulstr. 1. part. 148. Hill. 21. Car. 1. B. R. Stiles Regist . 5. Croo. 2. 91. 339. Trin. 7. Car. 1. B. R. Norman and Simonds Case . Coo. 4. 16. Hobb . Rep. pl. 11. 399. Dyer . 236. Huttons Rep. 73. Dyer . 236. Bustr . 1. part. 148.

3. For the third thing , The words spoken must be clear and perspicuous ; The words must be clear and perspicuous as , Thou art a Theef , J. S. is a Bankrupt , or , thou hast killed J. S. or , thou was forsworn in the Kings Bench Court , or , in a Court of Record , and the like . And not obscure and ambiguous . And therefore for such like words as these ; as to say , I have matter against him , for A. hath found forgery , and can prove it against him ; or , I charge him with felony , for Obscure words . Forgery . taking mony out of the pocket of J. S. Thou wast cooped up for forging Writs .

Or , thou didst forswear thy self in the Kings Bench ; for this may bée taken in the Prison called the Kings Bench. Or thus , Hee hath but one Perjury . Mannor , and hee hath gotten it by swearing and forswearing ; or , thou hast stoln my Apples , or my Corn ; for it may be from the Trée , or out of Theft . the Field . No Action will lye for these , and such like words as these . Popham . Rep. 211. Hobb . Rep. pl. 381. 382. Croo. 1. 195. Coo. 4. 15.

4. For the fourth thing ; They must be of a simple , single , and univocal The words must be of a plain and simple sense , or univocal . sense in the vulgar acceptance of them : As , Thou didst burn the Barn of J. S. full of Corn ; Or , Thou hast the French-Pox . Yelvertons Rep. 21.

For if they be of a double and indifferent sense , that may be taken one Words of a double sense , or equivocal . way or other ; there if the words taken in either sense be actionable , they must néeds give an Action . But if the words will bear a good , and a bad sense , or a worse , and better sense ; there if there be nothing in the Case by that which is said with them , and before , or after them , to guide them more to the worser , than to the better sense , they shall be alwaies taken in the better , and not in the worser sense , and so not be liable to Action . For in this the Rule is , verba sunt accipienda in mitiori sensu . And again , Benignior sensus in generalibus & dubiis preferendus . It is therefore agréed , Burning a Barn . An infectious disease . Felony . That no Action will lye , for saying of a man , Hee did burn my Barn , for it may be a Barn without Corn ; Nor for saying , Hee hath the Pox ; for it may be the ordinary , not the French-Pox ; Nor for saying , Thou art a Coyner of Gold ; for it may be his Trade , and hee may do it by authority ; Nor for this , I charge you with Felony , for this may be such a Felony , as for which damages only are recoverable as a Maihm is : Nor for this , Thou Perjury . Invendo . art forsworn , for this may be in ordinary communication , or it may bée in a Court of Iustice , or the like . And no Invendo in any of these Cases will make any such like words that in themselves are not actionable to bée actionable . And yet if in this Case , the Common , Ordinary , and Violent sense of the words in the Import thereof be the worse sense ; and there bée no other words spoken with them to turn their sense the other way , there they may be taken in the worser sense , and liable to Action ; and therefore it hath béen adiudged to lye for these words , A. hath had the use of her body ; Incontinency . and for these words , A. hath spoken Treason . Huttons Rep. 75. 76. Coo. 4. 20 , 21. Godo . Rep. 1. 167 , 181 , 375. Hobb . Rep. pl. 351. Popham . Treason . Rep. 211. Croo. 1. 352.

5. For the fifth thing , That the words that shall maintain an Action The words must be direct and certain as to the person and thing . Sect. 7. Theft . must be so apparent , direct , and certain , that there may be no intendment against them ; as J. S. is a Theef ; or , your Husband , or , your Wife , or , your Father is a Theef . For if they be altogether uncertain , either as to the person slandered , or as to the slander it self , no Action will lye upon them . And therefore if one say , One that is neer you is a Theef , or , mine enemy is a Theef ; or , one of the Sons [ or , one of the Servants ] of J. S. ( who hath many Sons or Servants ) is a Theef , or the like ; no Action will lye for these words . And so if one say , A. deserves to be hanged ; Or , A. Murder . hath taken away money from J. S. or , A. seeks my life ; or , A. hath a mind to kill mee ; or , A. smells of the murther of J. S. or the like ; no Action will lye for any of these words . And no Invendo can in these Cases Invendo . make the words certain and actionable . And yet if there be any thing else spoken in the conference , by which there is a certain description of the person slandered , as where the conference is about such a Son or Servant by name , and therein the party say , Hee is a Theef , or by which the Theft . thing intended by the slander is cleared , this may make the words certain , and so actionable . Coo. 4. 17. Hobb . Rep. p. 382. Croo. 1. 127. Hobb . Rep. pl. 196. Croo. 2. 184 , 443. Brownl. 1. part. 2.

For the sixth thing , That the words spoken must have in them some matter of weight and substance ; and therefore the Law will not give this Action for every light and trivial spéech , nor for every passionate word or spéech , but there must be some such weighty and substantial matter in the words , that if true , might be perilous , and prejudicial to the party of whom they are spoken . And therefore it is agréed , That this Action will not lye , for any of these following words ; Thou art a Villain , Rogue , Varlet , Villain , Rogue . Varlet . Rascal . Knave . Couzener . Cheater . Railer . Miscreant . Hypocrite . Knave , Couzener , Rascal , Cheater , Railer , Miscreant , Hypocrite , or the like . Nor for calling of another , any , or all of these names together . And yet any of these words being joyned with other words that are actionable , may aggravate the slander , and so increase the damages . So to say of another , That hee keeps such a Dogg , that his neighbours Cattel about him cannot go in peace ; or , that his Cattel are in every mans ground . For these , and such like words as these , no Action will lye . For in this the Rules are Boni Judicis Interest dirimere lites & Malitiae hominum est obviandum . Coo. 4. 15. Bulstr. 1. part. 40.

For the seventh thing , That the words ( especially if they concern a man in his life ) must be so particular , positive , affirmative , and direct , that they may import a peremptory Accusation . And not by way of Argument , Inference , or Implication only , for if they so import a slander only , no Action will lye upon them . And therefore it is agréed , that no Action will lye for Felony . words thus spoken ; I fear you will be charged with Felony ; or , take heed you be not arrested for Felony , or , I doubt whether your words may not be treasonable words ; or , thou hast deserved to be hanged for Felony ; Treason . or , if thou hadst had thy Right , thou hadst been hanged for Felony before this day ; or , I shall call him in question for the murther of J. S. or , I shall arrest him for flat Felony . For these , and such like words as these are , no Felony . Action will lye . Hobb . Rep. pl. 381. 286. Bulstr. 1. part 148. Coo. 4. 15. Popham . Rep. 210.

For the eighth thing , That the thing said by the words , must be a thing that is possible to have béen done . For if it import such a thing done , as is altogether and apparently impossible , no Action will lye upon them . And therefore it is held , that no Action will lye for saying of another , that hee hath Murther . killed my Wife , for that the words themselves do shew her to be then alive . Coo. 4. 16. So to say to a Brewer , My Mare doth piss as good Beer as thou dost brew , these words in themselves are impossible , and will bear no Action . And yet if the Brewer in his Trade shall suffer any special loss Trade . by them , for this hée may have his Action . Coo. 4. 16. Mich. 15. Jac. B. R. Dicks Case .

For the ninth thing , That the words must import some Act done . For if Not for words importing only an inclination or intention to do a thing . Adjective words . they import only an Inclination , Affection , or Intention to do a thing , no Action will lye upon them . And therefore it is held , That no Action will lye for such like words as these ; Hee is a Theevish Knave ; or , hee is a Traiterous Knave ; or , hee is a seditious Knave . And yet if these , and such like Adjective words , shall import an Act done ; as , Hee is a perjured Knave ; or the like ; There this Action will lye , Or if they be Theft . such words as do slander a man in his Office , Function , or Profession ; as to say of a Judge . Hee is a corrupt Judge ; or , of such an Officer , Corruption in an officer . Hee is a corrupt Officer ; or , hee is a bribing Knave : Or if they be such words as do slander a man in his Trade ; As to say of a Tradesman , Hee is a Bankrupt [ or a Bankeruptly ] fellow . For all these , and such like Bankerupt . words the Action will lye . And so also it will where the Adjective word is Theft . added to an actionable word ; As , Thou art a cunning Theef . And so also it will lye where the intent of doing an Act , and the Act done are joyned together . As , Hee would have robbed mee , and did rob mee of my dagger . And so also it will lye where the words import that hée is doing of the Act , as where hée saith of one , Hee is ravishing a woman , or , hee is robbing a man ; Coo. 4. 16 , 19. Hobb . Rep. pl. 17. Dyer . 72. Croo. 1. 301. Godb. Rep. 151. Bulstr. 1. part 134 , 145 , 138 , 210.

For the tenth thing , That the words must carry in them , or cause by occasion of them something of damage or prejudice to him against whom they That the words must import somewhat of damage to him of whom they are spoken . Sect. 8. Murther . are spoken . For if the thing spoken being true , may not hinder , or hurt him by hazard of his life , or by the infringing of his Liberty , or by the impairing of his estate , or by the defamation of his Credit , no Action will lye upon them . And therefore it is agréed , That to charge a man with a Crime by words in another language , that none of the hearers understand , or to charge a man in an Action brought with the killing of a man , where it doth appear by the Record it self , that the party supposed to be killed , is yet alive , is not actionable ; for hée neither hath , nor can have damage by it . So to charge a man with a trivial light matter , as that hee hath erected a Cottage against the Law , or hath a Dog that will not suffer his neighbours Cattel to go in peace ; these things will not bear Action . Coo. 4. 16. Bulstr. 1. 148. Croo. 1. 350. Hobb . Rep. pl. 11. 236 , 145 , 164. 154.

For the eleventh thing , That the words all of them spoken together That the words must be taken altogether . must be Actionable , for words that are in , and of themselves Actionable , may be qualified by the precedent , or subsequent words joyned with them , and spoken at the same time , and therefore where part of the words rent asunder from the rest are Actionable ; but there are other words spoken before , or after them at the same time , and in the same speech , or conference that doe explain , limit , and qualifie them , in such cases they will not be Actionable ; and therefore it is agréed , that no Action will lye for the words in the Cases hereafter following . For that thou hast stoln my Apple , out of my Orchard , I will say thou art a Theef ; or , Art thou not a Theef that hast stoln away my Evidences ; or , Art not thou a Murtherer , that hast killed so many Hares ? Or , where two are talking of Hunting , and one of them shall brag how many Hares he had killed by Engines , and thereupon the other say to him , Thou art a Murtherer , in these and such like cases no Action will lye upon them . But these two Rules are given herein .

1 That the words that shall qualifie and extenuate such Actionable words , must be full and clear , and not ambiguous .

2 That the words that must qualifie and correct , must be such as doe not contain any matter of slander in them .

And 3 Some make a question of such kind of words , where they are subsequent to the Actionable words , and are brought in by the word ( And ) as you are a Theef , and you have stoln my Apples out of my Orchard ; and in this case they argue that they are additional , and cumulative , and shall not correct at all , as they shall when they are brought in by the word For , as you are a Theef , for you have stoln my Apples , &c. But sée more of this hereafter . Coo. 4. 19. Hobb . Rep. 97. 381. 406. Stiles Rep. 115. 135. New Book of Entries , 22. 6. Croo. 1. 351. Godb. Rep. 89. Huttons Rep. 65. 109 , 110.

For the twelfth thing . That the words must be spoken in an extrajudicial That the words be not divulged in a course of Justice , way , for if a slander shall be raised and spread only by occasion , and the means of a prosecution , by one that doth but pursue the course of Iustice in an ordinary way of Iustice , no Action will lye for this , for in this it is held for a rule , That for a Suit , or any other legal procéeding in a course of Justice , if it be not out of malice , and touch not a mans life , no Action will lye ; and therefore this Action will not lye against a man for bringing a Writ of Forger of false Deeds , nor for preferring Articles against Forgery . a man to a Iustice of Peace to have the good behaviour against him , nor for the prosecution of a suspected Felon , by indictment as there is cause ; and yet if in this case the prosecution shall prove to be malicious , as where an Indictment is preferred against a man for Felony , or the like , and there be not so much as probabilis causa for what is done , and the party be acquited upon it ; he may have this Action , or an Action in the nature of a Conspiracy ; for as a Thief may be spared by the favour of Iurors , so Conspiracy . an honest man may be much prejudiced in his reputation by such a malicious prosecution , 41 , 42. Eliz. Co. B. Sherington versus ware . Sée March of slanders , 2 part 10. Stiles Rep. 335.

For the thirtéenth thing , That the words must be spoken in the hearing of some body that doth understand them , for if words of slander be spoken in Latine , Gréek , Welch , or any other Language in the hearing of such persons , as whereof not one amongst them doth understand what they Words of another Language . intend , or signifie ; no Action will lye upon them . Croo. 1. 65. 144. Hobb . Rep. 63. 276.

For the fourtéenth thing , That where a man is charged with a Crime by any such words , and it doth not appear , that he had notice of the ground or occasion of the Crime , in this case no Action will lye for the words ; As where one is charged to kéep Théeves about him , and it is not said that he knew them to be such , no Action will lye for this , Mich 40. 41. Eliz.

And thus much for the Rules of Limitation , or Exception .

The Rules that follow are of another nature .

1 That if a man be charged with a Felony by a common fame , Arrested , Imprisoned , or Indicted upon it , and yet be ( as he may be ) innocent , he may not upon this ground be charged with this Felony , and therefore if any man in this case shall charge him with it , he way by this make himself liable to this Action , for in this case common fame will not excuse him that shall so charge him for this slander . Brownl . Rep. 2. Hobb . Rep. 105. 238. 381. 112. March . 76. 26 H. 8 , 9.

2 That if the words spoken be true , let them be what they will , the Defendant may justifie them , and excuse himself ; Broo. Action of the Case , 104.

3 That in some cases , the words that are in their first utterance imperfectly and incertainly spoken , and perhaps not Actionable , that these words may yet by the pleadings of the Parties , and Verdict of a Iury for the Plaintiff be made certain , and so become Actionable . The Pleadings therefore of the parties in these Suits must be carefully héeded , for they may be of great advantage or disadvantage to either party .

4 That words relating to a Person ought to be understood according to the condition of the person to whom they are spoken ; so that the same words spoken to some meaner men , that will not bear an Action , yet spoken to a more eminent person may be Actionable , Croo. 1. last publisht , 192 , 193. As to say to a Bishop , or a Iudge , or Iustice of the Peace , or the like man , he is a Vermine in the Common-wealth , or a corrupt man , may be Actionable . See Scandalum Magnatum .

For the better discovery , and more clear understanding of general ambiguous and uncertain words , and when they are , or are not actionable , these Sect. 9. things are to be known .

That the intent and meaning of the Speaker in them is as well to bée héeded ( as far as it can be known ) as the import of the words themselves . And for this it is said , It must bée héeded , Quo Animo , they are spoken , & sensus verborum est attendendus . Et quae ad unum sensum [ or , ad unum finem ] loquuta sunt non debent ad alium detor queri . Nor are these Actions to be maintained upon mens words by a strained Construction ; but where the words in themselves do import a slander . And for the better finding out of the sense of mens words , and their intent in them , this is to be known .

1. That words are not to be taken and understood in a strict and Grammatical sense , or ex ei termini per se , in their natural and proper signification ; but in the vulgar and common sense that they are taken in the time when , and the place where they are spoken . For in this the Rule is Loquendum ut vulgus . Intelligendum ut sapiens . And hence it is that the same words that in one Country are actionable , in another Country are not actionable . Coo. 4. 14.

2. They are not to be carried by a forrein Construction besides their most natural likely , and common sense and meaning , into another sense and meaning . Croo. 1. 352.

3. The cause , or occasion of the speaking of them is to be considered according to the Rule ; Sensus verborum sumen●ius ex causa dicendi . For upon this difference it is , That the same words that will bear an Action in one case , will not bear an Action in another case . And words that in themselves will bear an Action , yet considered ex causa dicendi , will not bear an Action . And therefore if one say of another , That hee is a Bastard , Bastardy . when this is to defend his own title , where he himself doth claim to be heir to the Land , that is now in question , or like to be in question . Or say of another , that hee hath forsworn himself , where it is in a case wherein hée hath taken his Oath against him , or where a Lawyer in the pleading of Perjury . his Clients Cause , shall utter words according to his Instructions pertinently to the Cause , or a man shall in an orderly course of Iustice utter such words as otherwise would be scandalous ; In these , and such like Cases as these , no Action will lye for words so spoken ; albeit they be otherwise in themselves actionable . Croo. 2. 90 , 91. Coo. 4. 13 , 14 , 16. March . pl. 45.

4. The words must be considered by all the rest of the words spoken together with them at the same time . And they are to be taken secundum subjectam materiam , & conjunctim uno halitu , and not by a part of them rent asunder from the rest : And therefore if one be talking about a Iudge , Attorney ; or other such like Officer about his office , and in this discourse say , Hee is known to be a corrupt man , and to deal corruptly ; this will Corruption in an office . bear an Action . But if the discourse be about his dealings as a Vsurer , or as an Executor in the performance of a Trust committed to him by a Will , there the words will not be actionable . So if two be talking together of Hunting , and one of them confesseth that hée doth kill Hares with Engines , and thereupon the other doth say to him , That hee is a Murtherer , So if Murder . one say of mée ; Hee is a Traitor , for I trusted him to buy Land for mee , and hee bought it for himself . So if hée say , I robbed him , for I took away Treason . his evidences , and a subpena . In these , and such like cases no Action will lye for the words . Coo. 4. 16. 19. Brownl. 7. and 2. Godb. Rep. 89. Lievre de Entries . 22. 6.

5. But where the sense is double , and indifferent , that it may be taken the one , or the other way . But one of the senses is worse , and the other is better ; there the words shall bée taken in the better , and not in the worser sense . But of this sée before .

6. That where the sense of the words is general , and may be taken divers waies , there it shall bée understood with reference to the person of whom they are spoken . For in this the Rule is , Sermo relatus ad personam intelligi debet de Conditione personae . And thus the same words spoken to one man , may be , and spoken to another man , may not be actionable . to say to a Iudge , or such like Officer , You are a corrupt man , is actionable . But such words to another man are not actionable . Coo. 4. 16.

And yet if in this case , there be other words spoken together with these words , that do manifest them not to bée intended with reference to his office , but to some other thing , the words will not be actionable . Coo. 4. 16. Hetleys Rep. 123. 139.

Wée have toucht it before , That Slander is , and may bée by word , or by déed . And by word it may be either of the title a man hath to his Land ; or of his Person . Wée shall first of all lay down something of the first of the slander of titles ; and then wée shall enter upon the slander of per●ons . As to which it may bee easily discovered by that which is laid down in the general foregoing Rules ; That in this subject wée are upon , these things are principally to bée considered .

1. The Person of the Slanderer . 2. The Person of the Slandered . 3. The way and manner of divulging of the Slander . 4. The frame of the words , whereby the Slander is raised and made . 5. The matter and quality of the slander it self . Wée shall therefore after wée have dispatcht the first , and after wée have spoken a little to the Slander of great men ; called Scandalum Magnatum , in the next place say something to every one of these particulars .

CHAP. III. Of the Slander of a Title to Land .

THere are some words spoken that are in scandal and disparagement of Words that tend to the slander of a mans title to his Land ; or to a mans disinheritance . Sect. 1. a mans Title to his Land , or tend to a mans disheritance , for which an Action of the Case may lye . And for the opening of this point , these things are to be known . That in all cases where an Action will lye for a Slander of this nature there must be these things in the Case .

1. The words must be spoken about such Land , as wherein I that am to bring the Action , have some Title of Estate , or at least a possibility , or probability of Estate or Title in Possession , Remainder , or Reversion . For if they bée spoken about Land that doth not concern mée , and wherewith I have not to do , they cannot as they refer to the Land be actionable .

2. The words spoken must be false ; For if what is said bée true , bée it what it will , the speaker may justifie the speaking of it where an Action is brought against him for it .

3. They must be spoken by one , that neither hath , nor pretendeth title to the Land himself , and that is not of Counsel with him that hath or pretendeth title to it .

For if a man lay claim to Land that another hath in possession , or to which hée doth pretend title , as next heir , or otherwise . And hée shall say any such words as these , That the Land is his Land that claimeth it , and not the others ; or , that hee hath a good title to it , and the other hath no title to it ; or , that hee hath such an Estate in it ; or , such a conveyance of it , if in truth hee have such a conveyance of it , and if it bée true , as hée saith , no Action will lye for it . So if they both claim as heir , and the one of them say of the other , That hee is a Bastard , or , that hee is not the rightful heir ; or , that his Father was an Alien , or the like ; and that hée himself is the heir . And so if the Counsel of such a man shall use any such words as these in the agitation of his Case about the Lands , these words will not be actionable . And yet if a man shall pretend title to the Land another hath in possession , and hath no colour of title for it . And say , hée hath such a déed or conveyance of it , where in truth hée hath no such déed , or conveyance at all ; or , if hée hath any such , it is a counterfeit , and a forged one , and hée knoweth it to be so ; in these Cases the words may be actionable . But if there be any colour for what is said , the words will not be actionable . Coo. 4. 17 , 18 , Yelvertons Rep , 80. 88. New Book of Entries . 20. 28. Trin. 25. Eliz. B. R. Banisters Case . Mich. 3. Jac. B. R. Croo. 2. 339.

4. The party that brings the Action must have , or be likely to have some special damage by the speaking of the words ; as that hée is hindred in the sale of his Land , was forced to fall his price , or in his preferment in marriage , or the like , by it . And therefore where a man is not about the sale of his Land , or about a match with a Wife or Husband , and another shall speak words to the disparagement of the title of his Land ; this will not bear an Action . But if by the speaking of the words hée hath lost his Chapman , or otherwise suffered any special prejudice ( the which he must not faile to set forth in his Declaration ) there without question the Action will lye , Croo. 1. 99. 100. Croo. 2. 213. 397. 422. 484. Croo. 2. 642. 337. Owens Rep. 32. Popham , Rep. 187 , Yelvertons Rep. 88. Bulstr. 2. part 9● .

5 That where the words are spoken to the prejudice of his Inheritance , as where he is denied to be rightful Heir , or the like , there the Averment . Action may be maintainable without Averment of any present damage , and therefore it is held that this Action will lye , for saying of a lawful Heir to Land , before or after the Ancestors death , He is a Bastard ; and so albeit the words be spoken before , or after he hath Land in possession , and though he be not about to sell the Land , and although he have no special losse by the speaking of the words , for by this the King , or other Lord may be moved to search after the Title , and the Title of his Land ( if he have any ) may be called in question , and so it may in time turne to his prejudice , Coo. 4. 17. Croo. 2. 642. M. 20. Jac. B. R. Elborrows case .

6 That this Action will not lye for words that are too general and incertain , nor for words that are not malicious , sufficiently positive , and the like , within the Rules of words spoken in other cases ; for if they be incertaine , of a double intendment , doubtful meaning , or the like , no Action will lye upon them .

It is therefore agreed , That if I have Land , and am about the sale of Sect. 2. it , in treaty with another , or about to settle it on a Marriage , and one that hath nothing to doe with it , or makes no title to it shall say , That I have no title to the Land , or , I have no right to it , or , I can make no good estate of the Land , or , that it is anothers Land , or , that another hath such an estate in it , and set forth such a one as will disable the estate that I am now about to make , this is Actionable . As if I bee a Copy-holder for life , of Land in a Mannour , and the Lord is making a Lease of it , after my life , and is bid five hundred pound for it , and I shall say , I have a Lease for years of it after my life , made by a former Lord , this will be Actionable , Coo. 4. 18. Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Croo. 2. 163. Yelvertons Rep. 88. Croo. 1. 99. But if it be so , that I have only a purpose to sell it , or to settle it upon Children , and any man speaks such words about it , this will not bear Action , Croo. 2. 397. 337. 444. Pophams Rep. 187. Owens Rep. 32. Croo. 1. 99.

And if one that claimes this Land as his owne , shall say , It is my Land , or , I have a Lease of it ; or , the other hath no estate in it , or , hath no right to it , or the like ; this is not Actionable , Coo. 4. 18. so if I pretend Title to Land as Heir , and another claims it as Heir , and I say , He is a Bastard , and I am next Heir , this is not Actionable , Coo. 4. 17. Yelverton Rep. 80 , 88.

And if a Counsellor shall say , That his Clyent hath the better right to the Land , or shall use other words in the course of his pleading pertinent and necessary to be said in order to the advance of the cause , no Action will lye for this . Coo. 4. 17. Trin. 25. Eliz. B. R. Banisters case . If I have a Copy-hold of Inheritance within the jurisdiction of the Court of another , and he saith , That I have not any Title to those Lands , if by this I have no special prejudice , no Action will lye for it ; Croo. 1. 99. and yet if such a one that hath no Title to , nor estate in it himself , shall say , that another hath an estate in it , or title to it , who hath no good , but hath a colourable estate or title in it , this will be Actionable , so it is to say in such a case , I know one that hath a Lease of the Land , and hée will not part from it at any rate . Mich. 37. 38. Eliz. B. R. Pennimans Case . Mich. 20. Jac. Elborrows Case . Croo. 1. 99 , 100. Croo. 2. 397 , 422 , 642. Croo. 4. 17. Coo. 1. 175.

And if two have Leases of the same Land , and hée that hath the last Lease , which is not good , shall say , That the Land is his , and the others estate is not good ; this is actionable . Coo. 1. 175. Coo. 4. 18.

And if I be about to sell my Land , and J. S. shall pretend to , and shew a Lease of it , and it is counterfeit , and hée know it to be so , this is actionable . Coo. 4. 18.

So if a woman shall publish a Lease of the Land of another , as made by her Husband , and shall know it to be forged ; if by it the party have any special loss ; hée may have this action . Coo. 4. 18.

So if I bée about to sell my Land , and another man shall say , the Land is conveyed to J. S. and is his Land , or that hée hath a Lease of it for years ; or the like ; this is actionable . And so it is , albeit there be a conveyance or Lease made to J. S. in truth , if it bée not a good Conveyance or Lease in Law . Coo. 1. 175. Coo. 4. 18.

But for these words , I had rather to buy the title of the younger Brother , than of the elder Brother , and the Plaintiff ; and that hee had seen an Indenture to lead the uses of a Fine , whereby it did appear that the Plaintiff had no authority to sell the Land ; no Action will lye . Crush vers . Crush . M. 3. Jac. B. R.

And so it hath béen agréed , That an Action will lye in the Cases following . To say a man is a Bastard , and not a rightful Heir to Land . As I have Land as Son and Heir of J. S. and another shall say of mée , I am a Bastard , if by this I suffer any special prejudice , there is no doubt I may have this Action against him . Croo. 2. 642.

And if I bée Heir apparent to my Ancestor , who intends to settle his Land upon mée , and by occasion of these words , hée doth give it away from mée ; I may have this Action against him that speaketh the words . Croo. 2 Bastardy . 642. Croo. 2. 213. Godb. Rep. 421 , 451. pl. 519. Bulstr. 2. part 90.

Nay it séems the Law is , That if one shall say of mée , that I am a Bastard ; albeit I do not claim any Inheritance , or to be Heir to any one person in certain , and albeit I have not any present or special damage by it ; yet that these words are actionable . Croo. 2. 642. Croo. 2. 213. Godb. Rep. 421 , 451. pl. 519. Bulstr. 2. part 90.

And if I have but a remote possibility of Land , as where an entail is of Land on my Father , and the Heirs of his body , whereof I am the youngest of many , and hée is about the sale of this Land , and I am bid mony for this possibility , and then one shall say of mée , I am a Bastard , and after that the Purchaser refuse to give mée any thing ; for my possibility in this case I may have this Action against him for it . Croo. 2. 213. Godb. Rep. 421 , 451. pl. 519.

CHAP. IV. Of the Scandalum Magnatum .

SCandalum Magnatum , is a wrong done to some eminent person of the Scandalum Magnatum . What. Land , as Duke , Earl , Baron , Chancellour , Treasurer , Privy-Seal , Justice of the one Bench , or of the other , by false news , or false messages , whereby debates and discords betwéen them , or any scandal to their persons Sect. 1. may arise , Stat. 2. R. 2. chap. 5. Westm. 1. chap. 34.

In this Case the party defamed may have his Action in the name of the The punishment of it . King , and his own Name upon the Stat. of 2. R. 2. And hereby shall recover damages for the wrong , and the party may also be otherwise punished . And if the slander be divulged in the nature of a Libel , it is punishable by Indictment ; and great Fines are imposed for this offence , for that the reproach of such persons is the reproach of the King and State it self . Coo. 5. 125. Old Book of Entries . 593. Crompton . Jur. 35. 19. 13.

For the knowledge of this , wherein this Action is given to a great 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 King , or of the said Grandées , it is not lawful for him to relate to others , that hée hath heard J. S. to say such false and horrible words , for if it should , by this means it may be published generally , &c.

3. It was resolved , That if A. say to B. Did you not hear that C. is guilty of Treason , &c. this is tant-amount to a scandalous publication . And in a private Action for Slander of a common person . If J. S. publish that hee hath heard J. N. say , that I. G. was a Trairor , in an Action of the Case , if the truth be so , hée may justifie it . But if J. S. publish generally , without a certain Author , that J. G. was a Traitor , there an Action of the Case lieth against J. S. for that hée hath not given to the Plaintiff any cause of Action against any but against himself , who published the words , albeit hée might hear such a report , for otherwise this might tend to the great Slander of an innocent , it coming first from a mans mouth of no credit , and being after in the mouths of persons of credit , &c.

4. It was resolved , That the Iudgement in an Indictment upon the said Statutes , when the words are spoken generally , without Relation to a certain Author , is that the Offender shall be fined and imprisoned . Also the party grieved may have an Action de Scandalo Magnatum , and recover his damages . Coo. 12. 133. 134.

CHAP. V. Of Actions for Slanders of all kinds . Where it lyeth , and what words will bear this Action ; or not .

IN all Cases where this Action of the Case for the Slander of a common person , shall be maintainable ( as hath béen before touched ) there must be these things in the Case . As to the manner , contrivance , and publication of the slander .

1. The Slander must be published and contrived .

2. It must be so published and contrived , that there may be a certainty in it .

1. As to the persons of the Slanderer , and Slandered .

2. As to the manner of the utterance of the words , and charge of the Slander .

3. And as to the thing wherein the Slander lies , the which also must be such a thing , as for which the Law doth give this Action .

And for the first of these as to the manner of Publication and Contrivance For the manner of contrivance of the slander . Sect. 1. of the Slander , take these things .

1. If a Minister in a Certificate to his Ordinary , wherein hée is bound to certifie other matter , shall insert scandalous matter , this is actionable . Words in a certificate . Reads Case . M. 7. Jac. B. R.

2. A Libel may have and contain such matter in it as may give advantage to the party slandered by it , to bring this Action ; and therefore to In a Libel . write a Libel of Slander in Paper , and affir it to the Church door , men going to the Church , is actionable . 17. Ed. 4. 3. lib. 13. sect. 4.

3. To write a Letter in private sealed , wherein is matter of Slander , is actionable . And yet if the Writer shall deliver it to him who is slandered In a Letter . in his own hands , perhaps it may be otherwise . Hobb . Rep. 63. M. 9. Jac. B. R. In the Lord Lumley , and Hoods Case . It was agréed , That where Ford in a Letter written by him had written , It is reported the Lord Lumley seeketh my life ; and in truth it was not reported , this is actionable . Leonard . 187. Bulstr . 3. Rep. 225.

4. To speak the words in a mans ear , and by him kéep counsel , is actionable . M. 9. Jac. B. R. Hob. Rep. pl. 63. Words uttered by a Counsellor in pleading .

5. If a Counsellor give in evidence , and enforce any thing in his Instructions for his Client against his Adversary , or against the Testimony of a witness , albeit it be false , if it be pertinent to the Case in question , which hée must look to , this is not actionable . But if it be not pertinent to the issue , or matter in question , it will be his wisdome to forbear it , for if not true , or if true , and not pertinent , hée may be sued for it in this Action . So if hée shall speak the words at another time , and in another place , Mich. 31. Jac. B. R. Brook Versus Mountague . And if the slander be by this information of his Client , the Client may be charged in this Action for a slander thus published . Croo. 9. 90. And yet by Glin. ch. Iust. B. R. It was said , That if a Counsellor speak scandalous words against one in the defence of his Clients Cause , no Action will lye for this ; for hée doth but his duty , and it shall bée intended to bée spoken according to his Clients Instructions . Styles Rep. 462.

5. If the Slander be contrived by way of Iudictment , Articles exhibited By way of Indictment . to procure one to be bound to the Good Behaviour , or otherwise in a course of Iustice , it may be actionable ; But for this know , That this Action will not lye for any thing that is said , that may reflect upon another , if it bée said or done in a way of Iustice , without any malicious intent . As where a Defendant in a Spiritual Court amongst exceptions put in against the Plaintiffs witnesses , one of them is , that such a one of them was perjured ; so if one bring another before a Iustice upon a suspition of Felony that is false . And where one doth exhibit a scandalous Bill in a Court that hath Iurisdiction of the Things , and they be false ; or a man in pleading say , such a man was Bankerupt , and so hée seized his goods under a Commission , and the like . So where a witness doth give in evidence Bankerupt . only . So for indicting a man for Felony , where there is ground for it , although it be false ; So for suing of a Writ of Forgery of a false déed ; Forgery . so for to make a false Affidavit in Chancery , by which a man is imprisoned ; So for to put a slanderous Complaint into the hand of a Member of Parliament , no Action will lye for any of these things . Noys Rep. 116. In Godb. Rep. pl. 333. Kelw. 26. Dyer . 2. Coo. 4. 14. Pasch. 3. Jac. B. R. Marsham Versus Pescod . Croo. 1. part last publisht . 230. 247. Dyer . 285.

But if a man shall so accuse a man in a Court , that hath not jurisdiction Sect. 2. of the thing whereof the party is accused , or insert other things amongst things wherein it hath jurisdiction , or speak of other matters , which do not ●n a Court of ●ustice . concern himself , but others with which hée hath nothing to do ; As when the Star-Chamber stood , if one had charged another person , a stranger , with matter of slander ; Or had charged another there in a Bill of Piracy , Murther , or the like , wherewith the Court had not Iurisdiction , as Sir Richard Buckly was charged by a Bill in the Star-Chamber to be a maintainer of Pirates , Théeves and Murtherers , and a Procurer of Pirates , and for this the Action was adjudged to lye , for that Court had not Conusance of these things . Coo. 4. 14. Croo. 1. last publisht . 230. 247. So also if one having a Bill in there against a Iudge for Corruption , or the like , and hée had gone about and divulged what was in the Bill to others to scandal the party ; this had béen actionable . Trin. 116. Car. B. R. Vast . Crooks Case .

So if a Iustice of Peace sent his Warrant to arrest a man pretended by the Iustice to be accused before him for the stealing of the horse of J. S. the party is arrested and kept in Prison , till hée give bond to answer it , and in Theft . truth the man was not accused , nor had the Iustice any ground for it ; this is actionable adjudged . But if in truth hée had béen accused , albeit it had béen false . Contra Trin. 3. Eliz. B. R. Windhams Case . Leonard . Rep. 187.

If I have lost goods , and I suspect a man for it on some ground , and I Theft . go to a Iustice for a Warrant against him , and hée say , take héed what you do , and thereupon I say I will charge him with the stealing of my goods ; this is not actionable adjudged . Hatton . Rep. 113.

But if a Felony be done , and the rumour fained is , that A. did it , and thereupon B. doth inform a Iustice of the Report , and before the Iustice , or elsewhere shall positively affirm , that A. did this Felony ; this may be actionable . For albeit one may charge a man with a Felony , or arrest a man for it in such a Case of suspition , yet hée may not thereupon affirm that hée did it , for hée may be innocent all this while . Hobb . Rep. pl. 238. 103. 381. 112. 105.

Or if one shall begin to charge another in the right place , and then prosecute it elsewhere out of course , there the Action may lye . So if hée do or Robbery . say more than is necessary in the right rode of Iustice . As if I be robbed , and J. S. is suspected by the common report ; now I may have him arrested , and prosecute him for it ; But if I shall report and affirm that J. S. hath robbed mée , I may be liable to his Action ; So where I have duly indicted a man upon a suspition of Felony , and I shall after tell of it boastingly in Ale-houses , and report of him , that hée hath done the Felony whereof hée is suspected , or had preferred a Bill in the Star-Chamber of scandalous matter , and had after gone and reported the thing in an Ale-house , or the like . Croo. 1. last publisht . 230. 247.

So if one shall indict or charge another legally for Felony , where there is no ground of it at all , nor any colour of guilt about him . So where a witness shall go beyond the issue , or point in issue , and slandereth a third person , an Action will lye for this . Croo. 1. part last publisht 230. 247.

6. A Bill of Indictment was falsly and maliciously without any colour By way of Indictment . of guilt preferred by one to a Grand Iury against another for a Rape , and an Ignoramus found by the Iury ; this is actionable adjudged , and affirmed in Error . Hill. 10. Jac. B. R. Horewoods Case . Jenk . Cent. 7. Case 64. 40. Dyer . 285. Winches . Rep. 28. 54. Marches Rep. 76. pl. 119. Stiles Rep. 335. See in March. of Slanders . 2. part 10.

And if there be malice and conspiracy in a Course of Iustice , to take Conspiracy . away my life , I may be relieved by this in some cases by an Action of the Case for a Conspiracy . 27. H. 8. 11. See after .

7. Mich. 28. 29. Eliz. B. R. Stanley versus Curson . One was brought in by subpena ad testificandum , and upon his oath , uttered matter of Infamy against the Plaintiff ; and it was said no Action would lye for this . Croo. 1. part last publisht . 230. 247. 248.

8. A. Exhibited Articles to have the good behaviour against B. and took his oath before a Master of the Chancery , after hée ceased his prosecution there , and did get a Supplicavit out of the Kings Bench , to have the good behaviour there .

In this Case it was resolved , that the Action did lye . But had hee prosecuted in the Chancery , although the Articles had béen scandalous no Action would lye , for a man shall not be punished for mistaking the Law , for hée may be misadvised by his Council . Brownl . 4. Mich. 27. 28. Eliz. B. R. Tuthill . versus Osborne .

2. As to the persons of the Slanderer , and the Slandered , who may have this Action , and against whom .

An Alien born under a King in Amity with our King , may have this Alien . Sect. 3. Action . If therefore such an Alien Merchant who tradeth here be called Bankerupt , hée may have this Action against him that so called him . Bulstr. 1. part 134. Yelvertons Rep. 198.

If one man slander two men at one time , they may not joyn in one Action , but must have several Actions for this slander . Pasche . 1650. Croo. 1. 368. Dyer . 19. Goldsb . 76. Marches Rep. pl. 249. So if two men do slander one man , hée must sue them severally , and may not sue them joyntly for this slander . M. 20. Jac. Chamberlains Case . 2. H. 7. 16.

If the wife slander , the Husband and Wife may and must be sued for Husband and Wife . this , and the Wife may not be sued alone for it . But for slanderous words spoken both of a man and his wife ; the husband may sue one Action alone for his own slander , and hée and his wife may after sue another Action for the slander of his wife . And so for any slander of the wife alone , the husband and wife must sue ; or perhaps the husband may sue alone , but it is safe to joyn his wife with him . In Styles Rep. 113. Trin. 14. Car. 1. B. R. Stiles Rep. 361.

If two have an office joyntly , and a slander be of one of them in relation Officer . to his office , hée may have this Action , and hée must bring it alone . Winch. 21. Rep. 40.

If one say of a Jewry , All the Jewry is perjured ; Every Iuror may Perjury . have this Action against him , and they must sue asunder , and not together . Mich. 7. Jac. Co. B. Deacons Case .

If the declaration be laid , that the Defendant dixit the words , and it say not de Querente , it is naught , for now it appears not how the words were uttered . Stiles Rep. 70.

If the declaration be , hée spake these words of the Plaintiff , Thou art a Theef , in the second person , it is good enough ; for to say , de praefat . or , ad praefatum , is all one . So to say to a mans face , Hee is a Theef , is actionable . Croo. 2. 39. Bulstr. 1. part 5650. Brownl . and Goldsb. 5.

To say of A. B. Thou art a Theef , behinde his back , or , hee is a Theef , Theft . to his face . And where two be speaking of A. B. and one of them say , Hee is a Theef ; this may be reduced to a certainty , and so be actionable . Coo. 4. 17. For uncertain words may be made certain by reference , Id certum est Certainty . quod certum reddi potest . Hobb . Rep. pl. 119. In Godb. Rep. 391.

To say to the Father , Thy Son J. S. or , thy Son J. is a Theef ; if hée Father and Son . have but one Son , and it is so averred , is no doubt actionable . Croo. 2. 635. March . Rep. pl. 96. So to say to the Son , Thy Father is a Theef . Croo. 2. 635. 1. 635. And this néeds no Averment . Bulstr. 3. 72. And yet it was adjudged to lye for this , your Son Innuendo your Son William J. stole a horse , and sold him for ten pounds . Stiles Rep. 46. Theft .

But to say without any precedent communication of any person incertain , one of the Sons of J. S. is a Theef ; and J. S. have more Sons than one , is utterly incertain , and not actionable . Coo. 4. 17. Croo. 1. 127. Hobb . pl. 351. Bendloes . 134.

To say to the Wife , Thy Husband is a Theef ; or , to say to the Husband , Husband and Wife . Theft . Thy Wife is a Theef , is no doubt actionable . Croo. 2. 635. Bulstr. 3. 226.

In say to the Servant , Thy Master is a Theef , is without doubt actionable . Master and Servant . Theft . Croo. 1. 127. and 2. 443. 635. Hobb . 351. 371. Leonard . Rep. 335.

This Action will lye for saying , Thou servest no true subject . And here an Innuendo . J. S. such a man , will make it certain . Croo. 1. last publisht . 192. 193.

But to say without any precedent communication of a person in certain . One of the Servants of J. S. ( if hée have more servants than one ) is a Theef , is utterly incertain , and therefore not actionable . Coo. 4. 17. Croo. 127. Hobb . Rep. pl. 331. Bendloes Rep. 134. Croo. 2. 443. But if hée have but one servant , and , it be laid to be spoken of him , it may be certain enough , and actionable . Brownl . and Goldsb . 2. Brownl. 1. part 7. 9. 10. 13. Hobb . Rep. 351. 371.

To say to a woman , Thy Husband and his Master stole my Horse , will Theft . not give Action to any one as his Master , but it may give Action to her Husband . But if hée say , Thy Husband and his Master J. S. stole my Horse ; this will give the Action to J. S. also , if J. S. were then re vera his Master . Bulstrode 2. part 82.

To say to A. B. Thy Brother C. B. is a Theef , is without doubt actionable . Brother . So to say , Thy Brother , without more , if hée have but one Brother , and it be said to be spoken of him . But to say without any precedent communication of a person incertain , One of the Brothers of J. S. is a Theef , and J. S. hath many Brothers , is utterly incertain , and not actionable . Theft . Coo. 4. 17. Croo. 1. 127. Hobb . Rep. pl. 331. Bendloes Rep. 134. Hobb . Rep. 351. 371. So for one that hath more Brothers than one , One of my Brothers is a Theef . Bulstr . 3. 226. And yet to say to A. Thy brother is a Theef , and hée hath but one Brother , which is B. in this Averment . case B. may have this Action , but then hée must aver himself to be his only Brother ; and therefore it was adjudged not to lye for these words spoken to the Father , thy Son [ Innuendo the Plaintiff ] hath murthered my childe , Murder . because it was not averred that the spéech was about the Plaintiff , or that hée was his only Son . Croo. 2. 635. March . Rep. pl. 96. And yet see Brownl. 4. and. Croo. 107. where for saying , My Brother is perjured , Averment . upon not guilty , pleaded , it was found for the Plaintiff , and said to be well laid without any averment , and that it shall be now intended , hée had no other Brother .

To say , That one that is neer to J. S. [ or one that is about J. S. ] or Sect. 4. one that is mine Adversary , or one of you three ( where there are thrée in the company ) is a Theef , or one of you two ( where there are but two Theft . in the company ) is a Theef . These words are utterly incertain , and not actionable . Yet if in the first case it may appear by Averment , that such a one was then his enemy , and hée had no other enemy , it may happily lye , Coo. 4. 331. 17. Croo. 1. part last publisht . 497. Croo. 1. 127. Hobb . Rep. pl. Bendloes Rep. 134. So to say to thrée that have given in evidence , one of you three is perjured , Croo. Rep. 1. last publisht . 496. 497. and his fellows are Theeves ; this can be certain for none but the first , and no other person but him may have an Action for these words . Stiles Rep. 247. Croo. 1. part 127. Hobb . Rep. 351. So to say , One I. S. stole the Horse that is lost , is altogether incertain , and not actionable . Mich. 7. Jac. B. R. Reads Case . But to say of a man there present , this man is a Theef , is certain enough , and actionable . Brownl . and Goldsb. 2.

To say of two others of one Sirname Jones , and the one of them say to Theft . the other , These Jone-ses are Theeves , this may be certain enough , and so actionable ; But if the words be , The Jone-ses are Theeves ; the Case will be more doubtful . Godb. Rep. 391. 344.

If a spéech be about a Suit that is betwéen A. and B. and sir others defendants , and in this spéech the defendant is charged to say , These defendants Murther . Jnnuendo . B. the Plaintiff , and the others , are those that did help to murder J. S. this is certain enough , and all of them it was agréed might have Action upon it .

To say , The Parson of Dale is a Theef , may be certain , and bear Action Theft . with an Averment that hée that sues was then Parson of Dale , when the words were spoken . Per Just. Dodridge . Mich. 14. Jac. B. R. Bulstr . Rep. 3. 326.

To say , That murdrous Knave Stroughton lay in wait to murder mee , Murther . and after not guilty pleaded in an Action brought by Thomas Stroughton , and verdict for him , hath béen adjudged actionable . As was said in Croo. 2. 101.

To say , that one Stamford ( leaving out his Christned name ) stole my Horse , is altogether incertaine and not actionable . Croo. 1. 303. Theft .

If there be spéech betwéen two about scandalous words , and therein one of them uttereth this spéech , I know who spake those words , Winnifle and Bell , I mean to have their Ears cut off , and their Tongues cut out ; it séems no Action will lye for these by any one of either of those names . Bendlers Rep. 134. yet sée Golds . 76. which séems to differ somewhat herein .

To say , A. had a Childe , and between her and her mother they murthered Murther . it ; it séems this is certaine enough , and happily both of them may have the action . But A. may doubtlesse have an action . Bendloes Rep. 152.

A. and B. were speaking together of C. and D. the Plaintiff , and the Theft . Defendant spake these words of C. and D. C. hath stoln such goods , and shee ( Innuendo the Plaintiff ) was privie and consenting thereunto ; in this Case it was resolved to be certaine enough , and that the word ( Shee ) shall have reference to D. the Plaintiff , and not to C. and so that she may have an action upon them . Croo. 1. 171.

To say these words , I. S. and I. D. is Perjured , is incertaine and not Perjary . Actionable , but to say , He Innuendo , the Plaintiff , and one A. are perjured Knaves , is certaine and actionable . Croo. 2. 102.

An Action was laid , That the Defendant , Dixit de prefato Carolo , VVhere is this Baker , Innuendo the said Carolus Baker , hee hath , &c. In this Case the words were held to be certaine enough and actionable ; as Innuendo , or Averment . to say of a Counsellor , VVhere is this Counsellor , Innuendo such a one , this is actionable . Bulstr. 3. 72.

But here it must be observed :

1 That where the words are utterly incertain in , and of themselves , there no Innuendo or Averment can make them certain . and so actionable ; but where the words are so certain in themselves as that it may appear what person the speaker did intend , there the words may be actionable . Croo. 2. 107.

2 That sometimes where there is such an incertainty in the words , by a Verdict found for the Plaintiff after not guilty pleaded , the words may be ascertained to be spoken of the Plaintiff , and so the Action maintainable . Croo. 2. 107. Bridgemans Rep. 60. Stiles Rep. 245.

3 That where the words are in themselves somewhat incertain , there in many cases they may by the precedent Conference , or by some Circumstances , and with a special Averment thereof in the Declaration be made Actionable , and so it may be done in many of the Cases before laid down , wherein the words will not bear Action , without some such special Averment to help . Croo. 1. 303. Bulstr. 2 part , 227.

The Plaintiff doth in his Declaration set forth , that there being talk Theft . betwéen his Father and the Defendant , who said to the Father , That Taylor did steal the Mare of I. S. and thy Son was consenting to it ; in this case the Declaration was ruled to be naught , because it did not averr that the Father had no more Sons but the Plaintiff . Trin. 14. Jac. B. R. Lewkner and Bodnams Case , Bulstr . 3. 249. And yet sée Croo. 2. 107.

In all these and such like Cases of Incertainty before named , where the Plaintiff is to make a supply by his Averment , to maintaine his owne Action , and he omit it , it will be the wisdome of the Defendant in his Pleading , to set forth the Truth omitted for his owne advantage ; As where the words are about a Son , a Brother , or Servant , and the Plaintiff doth omit to shew , that there is but one Brother or Servant in the Case , to shew that there are more Sons , Brothers , or Servants in the Case then one .

And now as to the manner of the utterance of the words , and charge of the 3 As to the manner of utterance of the words , and charge of the Slander . Murder . Sect. 5. Slander it is to be known ( as is before touched ) That slander may be uttered by direct , expresse , and downright words , thus ; Thou hast killed I. S. or , He hath killed I. S. or , A. B. is a Thief , or the like ; or by indirect and implicite words , and in other forms of words , either by way of question , thus , Are you not a Thief ? Did you not kill I. S. or the like : or by way of report from others , as , A. told me you were a Thief , or the like ; or by way of opinion , or thought , as , I think in my conscience you are a Thief , or the like ; or by way of threatning , as , I shall call you in question for killing of my Aunt , or the like ; or by way of comparison , as , You are as very a Thief as any in VVarwick Goal , or the like . And some are otherwise uttered , also some slanders import a charge of an inclination , or a purpose only to doe a thing ; and some import a charge of an Attempt , and an indeavour to doe a thing , but no Act done ; but some import a charge of an Act done , and some have another import in them . And therefore it is held it will lye for words of slander uttered Theft . By way of Interrogation . thus , What art thou a Bankrupt ? &c. Croo. 1 Part last publisht , 273. what I. S. that Thief ? Croo. 2. 422. Pasche . 15 Jac. B. R. Nelsons Case , Hardwicks Case , 40 Eliz. Co. B. or thus , VVhen will you leave your stealing ? or thus , Have you brought again the Horse you stole from me ? Theft . or , Have you brought again the Mony you stole from mee ? Maxies Case , Trin. 18. Jac. B. R. or thus ; Have you been at London to change the Mony you stole from me ? It is said therefore that it will lye for Theft . words spoken thus , Did you not kill I. S ? and some think these words Actionable , You might have known your owne Sheep , and not have stoln mine . Yelverton , 144. And these words also , Hath A. B. the Bastard sued you , is that all the spight the Bastard can do you ? Croo. 2. 422. Bastardy . Felony . Jenk . Cent. 8. Case 78. But if words be thus spoken , A , saith to B. He is a Felon , to which a stander by saith . Take heed what you say ; to which he saith , Is not he a Thief that doth conceal Felons [ or steal Trees , or takes my goods in Execution ] it seems these words are not Actionable ; but if the Ironically spoken . last words were first contra , Hill . 17. Jac. Newlands Case . And it is said , that an Action will lye for words spoken ironically , thus , You are no Thief . Theft .

This Action will also lye for words uttered after this manner , viz. I have said that I. S. is a Thief , and I will justifie it , and I have told him so much to his face , Croo. 2. 438 , Or thus , I will justifie that I. S. is a I have said that I. S. is , &c. I will justifie , &c. Theft . Uttered as a Dream . By way of thought or opinion . Theft . Treason . thief , Trin. 9. Jac. B. R. Barnes Case . Or thus , I did dream that I. S. did steal a Horse , March Rep. pl. 90. Or thus , I think in my conscience I. S. is a Thief , Hobb . Rep. 152. Or thus , I think thou wouldst if thou couldst kill the King , &c. Croo. 2. 407. Hobb . Rep. 152. Or thus ; I think in my conscience if thou mightst have thy will thou wouldst kill the King , &c. Croo. 2. 407. Coo. 4. 19. Sée for this March of Slanders , the first part , 113. VVinches . Rep. 124.

But these words are held not to be Actionable .

It is reported A. did such a thing , and I feare it to be too true . And if question be about a Robbery , and one say , He thinketh the Robbery was done by A. and he fears it is too true . Yelvertons Rep. 114. So if one ask why Mary S. did not come to Church , and another said , It is thought I shall question him for , & a Murther . shee is with childe , and I fear it is too true . Yelvertons Rep. 114. So ,

This Action will lye for words uttered after this manner , I shall call him in question for poysoning my Aunt , &c. Noys Rep. 63. Sidenhams Case 16 Jac. See Winches . Rep. 124. Pophams Rep. 210.

So for words thus spoken , It will be proved by many vehement presumptions , It will bee proved , &c. that A. did steal the Horse of B. Pasche 7. Jac. B. R. Welbyes Case . Whitacres Case . Pasche 5. Jac.

So for this , I can prove you are a Theef , and ten men will justifie it , Theft . I doubt not to prove , &c. Murther . Treason . Pasche 15. Jac. B. R. So for this , I make no question but to prove that hee hath poisoned my Aunt , &c. Noyes Rep. 63. So for words uttered thus , I doubt not but to prove that hee hath spoken words of High Treason . Serjeant Hitchams Case . Huttons Rep. 75. Winches . Rep. 124. Or thus , I will prove Fermon to be a perjured Knave . Croo. 1. last publisht . 122. Or thus , I will prove you are a Theef . Yelverton 126. Or thus , Perjury . I did not know A. was your Brother , I will prove him perjured , or else I will bear his charges . Popham . 210. For this , I doubt not to prove you are a Theef . Croo. 1. last publisht . 420. Or thus , I will bring you before a Justice , and prove that you have stoln , &c. And yet it is said , that it will not lye for this , I will prove that A. was perjured . Winch. 124. And Perjury . that it will lye for this , I could prove him perjured if I would . Yet see Hobb . pl. 394.

This Action will lye also for words uttered by way of Report from others , By way of Report . Theft . thus ( viz. ) J. S. told mee that A. was a Theef . And in truth J. S. did never tell him so . But if in truth J. S. did tell him so , then the words are not actionable . Croo. 2. 407 , 427. 413. Bulstr. 3. 225. Croo. 2. 103. The Lady Morrisons Case . 5. Jac. B. R. Lord Norths Case . 41. Eliz. B. R. But if in truth a slander be raised of a man , and one that is his friend tell him of it , and wish him to clear himself of it ; this is not actionable . And yet if in this case a man shall report such a thing generally , and not name the Author of the Report , the words will be actionable ; and therefore it is said , it iwll lye for words thus uttered ; I have heard A. B. is a Traitor , if hée do not say by whom hée heard it . So for words thus spoken , Did you not Treason . hear that A. B. was guilty of Treason . Coo. 12. 134. Jenk . Centurie 8. Case 7. Leonards Rep. 187.

This Action will lye also for words uttered after this manner , viz. I charge him with that Felony . Pophams Rep. 110. 111. 150. Croo. 2. I arrest you for Felony , &c. I charge him with Felony , Sect. 6. 312. Or thus , Bear witness I arrest you for Felony . 17. Jac. B. R. Serles Case . Coo. 4. 15. yet see the contrary , in Hobb . Rep. pl. 396. Popham Rep. 110. 111. Hobb . Rep. pl. 286. 381. Or thus , I charge you with Felony , and I charge the Constable to take you ; or , I arrest thee for high Treason ; some say this is actionable . Mich. 5. Jac. B. R. the contrary seems to be in Huttons Rep. 38. And there held to lye for this . I accuse J. S. of High Treason . Huttons Rep. 131. It is held to lye for this , Bring Treason . mee to the Constables house , for I am robbed , and I will bring him to the house of J. S. to arrest him , for hee setteth them to rob mee from time to Theft . time . So to say to a Constable , There hee is , take him , for I charge him with that Felony . Styles 59 And yet for this it will not lye , I charge you , King , with Felony , and you Constable [ Innuendo . A. &c. ] to apprehend him . Popham . Rep. 210. Yet see Hobb . pl. 286. 381. Or thus , If I could finde J. S. I doubt not but within two daies to arrest him of suspition of Felony . Coo. 4. 15. Albeit hée do not say , Hee committed Felony . Felony . Popham 150. And yet some say , that it will not lye for these words , I charge him with Felony , &c. Nor for this , I have arrested A. for Felony , for stealing sheep of mine . Pophams Rep. 210. Nor for these words , I charge you with Felony , for taking mony out of the pocket of J. S. Theft . Huttons Rep. 38. Hobb . Rep. pl. 381. 394. And yet if no Felony be done , it séems reasonable the words should be actionable . Brownl. 1. part 18. Hobb . Rep. 38. But in case where a Felony is done ; And a man in a course of Iustice shall speak words to this purpose , I arrest thee for Felony ; or , I will charge him with [ or arrest him for ] Felony , there the words will not be actionable . Popham Rep. 110. 111.

The Action will lye for words uttered after this manner , Thou hast Thou hast been in Gaol for , &c. Indicted , &c. Theft . been in the Gaol for stealing a Pan. Croo. 2. 155. Bulstr. 1. part 40. And yet it is said , it will not lye for this , Thou wast in Warwick Gaol for stealing of Horses . Noys Rep. 24. Bulstr. 1. part . Hutton . Rep. 2. Brownl . and Goldsb . 16. And yet it is held , it will lye for this , Thou wast in the Tower for High Treason . M. 9. Jac. B. R. if it be false that is said . Hobb . Rep. pl. 96. So it is said , it will lye for this , Shee is a very Theef as any that robbeth by the High way side . So for this , Shee is a worse Theef than any that robbeth by the High way side . Croo. 1. last publisht . 224.

But it is said , it will not lye for words thus spoken , Thou wert arraigned Theft . for Felony , for stealing of a Horse . Bulstr . 1. part 40. Nor for this , Hee is in Warwick Gaol for stealing of a Mare . Hobb . Rep. 196 But if Or hee is in Gaol for , &c. He is indicted , arraigned , &c. Felony . hée say , Hee stole them , and was in Gaol for it ; this may be actionable . Nor will it lye , for saying of a man , Hee was indicted [ or arraigned ] or impeached ] for Felony , if it be true ; but if false , the words are actionable . Hobb . Rep. pl. 190. 196. 286.

But it séems it will not lye for words thus spoken , viz. What is J. S. in Gaol for ? for murder . Huttons Rep. 2. Nor for this , J. S. was in Theft . Thou wast whipt , &c. Thou wast burnt in the hand , &c. Thou wast detected for , &c. Thou wast convicted for , &c. Hee held up his hand at the bar for , &c. Averment . Newgate for forging of writs . Huttons Rep. 2. Nor for this , Thou wast whipt about Taunton [ or burnt in the hand , or shoulder ] for stealing Sheep . Hills Case . Mich. 8. Car. 1. B. R. Nor for this , Hee was detected for Perjury . Coo. 4. 16. Nor for this , Thou art a false Knave , thou wast arraigned for two Bullocks ; or , for thou wast arraigned for stealing two Bullocks . Croo. 1. part last publisht . 279. Nor for this , Hee held up his hand at the Bar for Felony . See Brownl . 2. part 272. And therefore , where the Action is laid for such like words as these , Hee was indicted for Felony at W. Sessions ; or , Hee was impeached for Felony ; or , Hee was accused for Felony ; the Plaintiff must avert , that there was re vera no such thing done , otherwise the Action will not lye . Hobb . Rep. pl. 196. 289.

It is said , it will lye for this , I will indict him for stealing of my horse . Huttons Rep. 58.

It is said , that this Action will lye for this , I will pawn my shirt , I I can hang thee , &c. will hang him for . , &c Winches . Rep. 124. And yet it is said not to lye for this , It is in my power to hang thee . Pasche 7. Jac. B. R. Brownl. 2. part. 280.

So it is held to lye for these words , As sure as you beleeve God Rules the world , and the King rules the Kingdome , so sure did Whorewood Sure it is that J. S. is a Theef . steal my horse . Winch. Rep. 124. Hughes Abridgement . 37. So also for this , I am sure J. S. is a Theef .

It is said , it will not lye for this , I have served thee with the Queens Letter for stealing of goods out of my Mothers house . Croo. 1. part . last publisht . 234.

So likewise for this , Masters , bear witness hee is a Theef . Huttons Theft . Rep. 39. But Quere of this .

It is generally held , That the words that shall bear an Action , must be Words spoken in an unknown language . Sect. 7. Theef . uttered in a language , that one of them ( at the least ) that do hear them do understand . And therefore that to call a man Theef in Welch , or in Latine , before such persons , neither of which do understand the tongue ; that this will not bear an Action . And yet some doubt much of this , for they may remember the word , and enquire , and so come to know what it is . Hobb . Rep. pl. 63. 276. 126. Hughes Abridgement . 37. Croo. Rep. 1. last By way of Caution . Treason . publisht . 496. 497. 865. It is said , that this Action will not lye for words thus spoken ; Take heed that you do not speak Treason . Bulstr . 1. 143.

It is said , it will lye for this , Hee hath deserved to stand on the Pillory . Hee hath deserved , &c. Bulstr. 1. part 147. And yet it is said , it will not lye for this , Thou deservest to be hanged . Mich. 4. Jac. B. R. Nor for this , Thou hast deserved hanging . Croo. 1. last publisht . 470. Nor for this , Hee will come home if hee escape the Gallows , for hee hath deserved to be hanged . Nor for this , If thou hadst thy Right , thou hadst been hanged . Brownl . 1. part. 3.

It is held , that the Action will not lye for these words thus spoken , I I fear you will be arrested , &c. Felony . I doubt you will be found guilty , &c. Treason . Treason . fear you will be charged with [ or arrested for ] Felony . Nor for words thus spoken , Take heed you be not arrested for Felony . Hobb . Rep. pl. 381. 286. Nor for words thus spoken , I doubt [ or I fear ] whether your words be not Treason , and I shall advise upon them . Bulstr . 1. part 143. 148.

It is held to lye for words thus spoken , I did tell Mr. Carne , that I am neither Traitor to my Prince , nor Rebel to my Country , as J. S. and the words are spoken to Mr. Coxell , albeit they were never spoken to Mr. Carne , nor to any but to Coxell himself . And so for this , If I say to A. Go tell B. hee is a Theef , albeit A. do never tell B. of it . Mich. 9. Jac. Foxes Cases B. R.

It is held that this Action will lye for words thus uttered , Thou art as Thou art as very a Theef as any in the Gaol . Averment . Theft . very a Theef as any in Warwick Gaol [ or as any in England . ] So as hée averr , that there is a Theef in Warwick Gaol , or in England , and what Théef it is . But not otherwise . Nor will it lye for these words , If ever man was perjured , Williams was , because it appeareth not that any Perjury . man was perjured . Bulstr. 1. part 40. Noys Rep. 116. Sed Quere of this last Case . Winches . Rep. 70. 89.

It is said , this Action will not lye for words thus uttered , I suspect you I suspect you , &c. Sect. 8. Theft . for stealing of my horse . Huttons . Rep. 18. 19. Nor for this , I doubt not to see J. S. indicted at the next Assizes for Barretry or Sheep-stealing , as George Bland , for hee was indicted at the last Assizes for stealing of Sheep . Albeit it was not said by the Plaintiff , that hée was not indicted . Barretry . Huttons Rep. 18. 19.

But here wée must and to the Cases before put upon this head , these following Cautions to be observed .

1 That in many of the Cases before mentioned under this head , the words there mentioned that are said not to be actionable in another Case ; yet if they be spoken to a Iustice of Peace , or some such like Officer , with reference to his Office , they may be actionable . Huttons Rep. 131.

2 That no Innuendo will alter the Case , or make the words not actionable in themselves , to be actionable , by the Innuendo .

3 That in some of the Cases before cited ( as to the frame of words ) not to be actionable , that there perhaps by the help of a special Averment , added by the Plaintiff in his Declaration , the same words may bee made actionable , and therein especially , wherein the Plaintiff shall afterwards have a verdict given for him also in the Case .

4 That in some of the Cases noted not to be actionable for the frame of the words , the precedent or subsequent words spoken at the same time with them , may make them actionable , for as the precedent and subsequent words may make actionable words spoken at the same time not actionable , so may they make words not actionable to be actionable .

5 That in many Cases where the words originally spoken for their incertainty may not be Actionable , yet after by the help of a Verdict for the Plaintiffe in the Case , the Action may become maintainable .

6 That the Plaintiff must be very careful how he Declare in his Action upon any such words spoken , and the Defendant likewise how he pleads , for either of them may much disadvantage themselves thereby .

7 That many of these Cases séem very difficult , and questionable , and therefore it will be the wisdome of him that is to Sue in such a Case , to be well advised by the Lawyers therein .

And now we shall come to the Matter and Quality of the Slander it self , and herein we are to know , what we have before touched upon , That there are some Slanders that bring a man in danger of his life , and there are other Slanders that doe not bring a man in danger of his life , but they doe bring him in danger of some bodily harm ; and there are other Slanders that doe neither bring him in danger of his life , nor of other bodily harm ; but they bring him in danger of some other damage and prejudice in his Name , or Estate , or in both . Those that bring a man in danger of his life , doe carry in them some charge , either about matter of Treason , or about some other Felony ; but herein we are to know , that there are some general words that may refer to both , or either of these , and may bee Actionable words , and therefore it is held , That this Action will lye for saying of a man , Hee is a Traitor , a Murtherer , a Thief , a Robber , a Church-robber , Traitor . Murtherer . Thief . Robber . Church-robber Sacrileger . House robber . Buggerer . Sodomite . a Sacrileger , a House-robber , a Buggerer , a Sodomite , or the like , 30 Ass. 19 Dyer 19. 236. 27 H. 8. 14. 22. So for saying of a man , He hath committed High Treason , or Treason , or Murder , or Robbery , or Burglary , or Buggery , or Sacriledge , or the like . Dyer 19. 75. 236. Plow. 118. Jenk . Cent. 7. Case 70. Croo. 116. 27 H. 8. 14. Coo. 10. 130. and 4. 15 , 16. 30 Ass. 19. Croo. 2. 275. 424. Bulstr. 2. 272

It séems to be agréed also , that this Action will lye , for saying of a man that He is a Felon , or that he hath committed Felony , Coo. 4. 17. Bulstr. 1. Felon . 148. Croo. 2. 312. And yet the contrary is affirmed by some , by whom it is held , that it will not lye for saying of a man , He is a Felon , or , he hath committed a Felony , unlesse he shew something wherein he is so , or hath so done , as that he stole a Horse , or the like , for that it is too general and incertain , for every maihme is a kind of Felony . But see for this , Huttons Rep. 38 Bendloes Rep. 202. Coo. 4. 15.

But this is agréed on all sides , that these general words may bee so intermixt with other words of explication , and qualification , that they may not be Actionable at all ; as to say , You are a Traytor , for I trusted you to buy Land for me , and you bought it for your self . Or , You are a Thief , for you robbed me of one of my Sentences out of one of my Books , or , of my Apples out of my Orchard ; or , You are a Murtherer , for you killed forty Hares in one year , or the like . Huttons Rep. 69. 110. 113. Yelvertons Rep. 10. 155. Coo. 4. 13 , 14 , 16. But for the further opening of this , sée what followeth in the next Section .

And as to the matter of the Slander it self , and the thing charged upon 4 As to the matter of the Slander it self . Sect. 9. Murder . Robbery . the slandered person , take these following Cases , referring to all kind of slanders . This Action will lye for this , Thou hast Sacrificed thy Childe to the Devil . So for this , He is infected of the Robbery lately committed , and smells of it ; for the former , but not for the latter words . Dyer 317. Huttons Rep. 58.

This Action will lye for this . Waterman and thou [ Innuendo , the Murder . Plaintiffe ] hast killed thy Masters Cook [ Innuendo , &c. ] And I will bring thee in question for thy life . And that without any Averment , who was his Master , or that he had a Cook , for it is certaine enough without it . Pophams Rep. 128. Bridgeman 60. Stiles Rep. 66. So for this , Thou Theft . art a Thief , and hast robbed my Son ; without Averment that he had , or hath a Son . Noys Rep. 55. So for this , Thou didst kill a Woman Murther . great with Childe [ Innuend . uxorem cujusdam . R. C. defunct . M. 2 Jac. B. R.

This Action will lye for this , Long is a Murtherer , and hath bewitched my childe , and was the death of my childe , when a Verdict is found upon a not guilty for the Plaintiffe . So for this , VVhosoever is the falsest thief , and the strongest in the County of S. whatsoever hee hath Felony by Theft . Averment . stoln or done , A. B. is falser than hee ; so it bee applied by an Averment , that such a Felon is in the County of S. but not otherwise . So for this , Thou art a Thief , and hast stoln one Passions Lamb , and marked and denied it , albeit there be no Christian name to Passions ; for the first words are Actionable . Huttons Rep. 109. It is said it will lye for this , Thou Felony . art a concealer of Felonies . Bulstr . 1. 148.

It is said to lye for saying of an Attorny , He was cooped for forging of Forgery . VVrits . 31 Eliz. in Nowels Case . Huttons Rep. 58.

It will not lye for this , Hee hath cousened the Town of S. [ or , hath Cousening . made a false account . ] But if he be an Officer of whom the words bée spoken , it is more doubtful . Bulstr. 1 Part. 228 , 229.

It seemes it will not lye for these words , He is a base beggerly Rascal and hath cousened the Parliament a hundred times , and deserves to ride on the Woodden Horse on Sandhil . Stiles Rep. 422. Nor for these words , Old Apthorp is a perjured Knave , for he did swear that such wood Perjury . was worth forty shillings , whereas it was dear of a mark . Bulstr . 3. 150.

This Action will not lye for saying , Thou art a false Thief , Rogue , or Theft . In the Disjunctive Declaration . some such like thing . Brooks Action of the Case , 112. and therefore where the Declaration , That the Defendant spake such words in certain , Vel verba similia ; this is naught . Nor will it lye for this , Thou hast stoln my Mare , or consentedst to the stealing of her . Croo. 1. last publisht . 780.

But where it is said in the Declaration , that the Defendant spake of a Cousening . Merchant , Thou art a cousening Knave , and a Bankerupt Knave , ac eadem verba , aut alia iis similia sepius repetivit , in this case it is good ; for Bankrupt . the first words are certaine and Actionable , 41 Eliz. Co. B , March in Slanders , 2 part 8. Golsb. Pl. 11. Hill 41. Eliz. Co. B.

Nor will the Action lye for these words , Thou hast stoln my Mare , or Theft . was consenting to it . Noys Rep. 172.

This Action will not lye for saying , He hath killed J. S. where , there Murder was never any such man known as I. S. Godb. 181. Pophams Rep. 188. Nor for saying to a Bayliff , Thou dost serve false VVarrants , and deceivest Deceit . the people . Sée it in Croo. 1. last publisht . 192. Nor for this , You make false Records , and justifie them for true . Nor for this , Thou Innuendo . art a Papist , and not the Queens friend . Nor for this , Thou hast broken my shop , and taken my goods , and an Innuendo will not make them Theft . Actionable . Croo. Idem .

This Action will not lye for saying , He hath cut my Wives Purse , and his Father knew it , and his Father knowing of it received it of him , and the Mony and Rings therein . But if he adde this further , and therefore I Felony . charge him with that Felony , it may be Actionable . And yet it is said it will not lye for this , A. did see B. that had committed Felony , and did suffer him to escape , I charge him of Felony , Popham . Rep. 111.

Nor will it lye for this , Thou art a Thief , and that will bee proved by Theft . the Apples thou hadst off my trees . Yelvertons Rep. 10. 34.

It is doubted whether it will lye for this , Thou art a Knave of Record , Forgery . and a forgering Knave . For forgering is altogether incertain . Hill. 1. Car. B. R.

This Action will lye , for saying of a man , Hee hath been a Theef . So Words in the preterperfect tense . Theft Sect. 10. Plague . for saying , Hee hath committed perjury . But for saying , J. S. was a Theef ; Or , J. S. had been a Theef : Or , of a Iustice of Peace , Hee had been a debauched man , &c. Or of any man , Hee hath had the Pox , or the Plague ; it séems none of these words are actionable , for it may be otherwise with him now . Noys Rep. 151. Stiles Rep. 22. 23. 210. 24. 25. Eliz. Co. B.

It will lye against a woman Covert , for saying , Thou art a Theef for Theft . stealing my Corn out of my Barn , albeit it cannot properly be said to be her Corn. Stiles Rep. 135.

This Action will not lye , for saying , Hee did break open the Trunk of Theft . A. with the tools of J. S , and took out twenty pound , for this way be a taking as a Trespassor . So it is said of these words , Hee is an arrant Theef , for hee did break open the Trunk of A. with the tools of J. S. and took out twenty pound , and that these latter words do mittigate the former . Winch. Rep. 70.

This Action will not lye for such words as these , Thou deservest to be Forgery . hanged ; or , thou wast cubbed up for forging of Writs . Croo. 1. part last publisht . Or , it is in my power to hang thee ; Or , thou seekest my life . Theft . Coo. 4. 15. Or , thou didst bear away my goods ; Or , thou didst carry away my goods . Hobb . Rep. 236. Or , hee took my mony with a strong Forgery . hand . Mich. 15. Car. 1. B. R. Or , hee forged a Writing [ or a Warrant . ] Huttons Rep. 39. Hobb . Rep. 4. 48. Or , hee hath killed a man , not naming Murder . any man . Popham . Rep. 188. Or , thou didst cut my purse . Popham . Rep. 110. Or , thou art a Cut-purse . For every Glover is so . Godb. 181. Cutpurse . Nor for this , Thou wast the cause that J. S. did hang himself [ or did cut his own throat . ] Hetlyes Rep. 70. For these words are all of them too general , Murder . and incertain . Hobb . Rep. pl. 236. So it is said for these words , Thou Witchcraft . hast bewitched a man ; Or , thou hast bewitched my good man . And yet it is said , to lye for this , Thou hast bewitched a man ; Or , thou hast killed a man by witchcraft . Stiles Rep. 106. It is said , it will not lye for these Filching fellow words , Hee is a filching fellow , and did filch four pound from mee . Hutton . 34. Or , thou art a filching fellow , and didst filch from A. B. one hundred pound . Hobb . pl. 323.

Nor for this , Hee is a prigging pilfring Merchant , and hath pilfred away Prigging fellow my Corn and my Goods from my Wife and my Servants , and this I will stand to . Owens Rep. 57.

Nor for this , Thou hast stoln a peece , and I will charge thee with Felony , for it may be a péece of any thing ; Popham . 187. Theft .

Nor for this , Thou didst carry away my Sheep on thy back . Huttons Rep. 8. Some Iudges have held , That for saying , Thou hast killed J. S. no Action will lye , for the words are too general , and hée may come to his Murder . death by execution , Physick , battel , &c. But the general opinion of the Iudges is , that the words are actionable . See Croo. 2. 306. Godb. Rep. pl. 257. Hetley Rep. 70. Coo. 4. 16. Snaggs Case . Popham . 187. Croo. 2. 438. Bulstr. 1. 42. Croo. 1. 352.

And yet to say to one , Thou art a Healer of Felonies , Mainsworne , Out-putter , Strange words . Sheep-Theef , or the like in the Country where the use and meaning of the words are known to be scandalous , will bear Action . And so for Another language . Slanders in the Welch , or in other languages , the Action will lye for them , and that without Averment of the sense of the words in the Country . Averment . Hobb . Rep. pl. 155. 236. Goldsb . and Brown . 4. 6. Croo. 1. part last publisht . 250.

This Action will not lye for these words , I have matter enough against Forgery . thee , for J. H. hath found Forgery against thee , and can prove it . Huttons Rep. 39. Nor for this , Thou art a perjured Knave , and that will bee Perjury . proved by a stake that standeth between the ground of J. S. and J. D. Yelvertons Rep. 10. 34. Lewis Case . Pasche 1. Jac. B. R. Nor for this , said of a man sworn in a Cause before a Iudge , Hee was disproved before the Justices of Assize at Darby before Kingsly . Owens Rep. 58.

For these words are some of them incertain , and some of them insensible .

Nor for these words , That Prichard which serveth Mris. Shelley did murder John Adams childe . And in the Count it is thus , Quandam Isabellam Murder . Addams modo defunct . filiam cujusdam Johannis Addams of W. in the County of G. Innuend . ] for it should have béen true , and not modo defunct . Coo. 13. 71.

The Plaintiff declares , that the Defendant dixit de praefat . The Plaintiff , Thou [ Innuendo the Plaintiff ] hast stoln goods , &c. and this after not guilty , and a virdict for the Plaintiff was held good enough . Pasch. 5. Jac. Theft . Stones Case .

And so where two talk of one Tooses wife , hée being lately dead , and the one saith to the other , Tooses wife [ Innuendo the Plaintiff ] killed thy Husband [ Innuendo . one J. D. her Husband lately dead ; this is actionable , Croo. 1. 352. Croo. 2. 366. Murder .

But here wée must also add to the Cases put upon this head , the same Cautions wée gave upon the last head .

1 That in many of these Cases where the words spoken to ordinary men are not actionable , yet spoken to a Iustice of Peace , or such like Officer , they may be actionable .

2 That an Innuendo will not make any unactionable words actionable .

3 That an Averment , and especially if there be a verdict found upon it , for the Plaintiff , may in some Cases make words otherwise unactionable , to be actionable .

4 That precedent or subsequent words may make words in themselves doubtful , and incertain , and unactionable , certain and clear , and so actionable .

5 That in all Cases of uncertain and doubtful words , the Plaintiff must be very careful how he doth declare , and the defendant must be careful how he doth plead .

6 That there being same difficulty in many of these Cases it will be his wisdome , that is to bring his Actions in the same Case for the same words , that hée be well advised in it .

It is said in Croo. 1. 201. That this Action was brought against a man for that hée had maliciously and falsly imposed a Crime of Felony upon the Plaintiff , and caused him to be arrested for it , and that it was adjudged good . Croo. 1. 201.

Wée shall now descend to the particulars before named . And 1 To slanderous words about matter of Treason .

CHAP. VI. Of words of Slander about matter of Treason .

FOr the opening of this particular about slanderous words , that have an Treason , what it is . import in them of any matter of Treason , or of any thing about it , Wée are to know first of all , That Treason ( in the eye of our Law ) is a great Crime , and the punishment appointed by the Law to be inflicted on him that dath commit this offence , is the loss of his life , and all his estate whatsoever . If any man therefore shall by slanderous words charge another man with this Crime , or any thing like unto it , the party slandered may have this Action to relieve himself by damages to be recovered therein for this wrong .

And therefore it is held , that this Action will lye , for calling of another Traitor . Traitor , or Traitor-Knave . 30. Ass. 19. 27. H. 8. 9. 14. 27. 26. H. 8. 9. Coo. 4. 17. Or for saying of another , Hee hath committed Treason — or the like . So for saying , There is no King in England . Croo. 2. 407. Committed Treason . So for this , I doubt not out to prove that hee hath spoken Treason . Serjean . H●tcham , Case . Huttons Rep. 75. So for this , Thou hast spoken Treason , and I shall bang thee for it . 9. Jac. Beriffords Case . B. R. Bulstr . 1. part 148. So for this , Thou hast spoken Treason , and I will prove it . Spoken Treason . Croo. 2. 235. But it will not lye for this , Take heed you do not speak Treason . Nor for this , I fear you have spoken Treason , and shall advise upon it . Nor for this , I doubt you have spoken Treason , and I shall advise upon it . Bu●str . 1. part 148. Trin. 9. Jac. Benefords Case . This Action will Killed the King . lye for saying , Thou hast killed the King . Popham . Rep. 187.

So it will lye for saying , Thou hast committed Treason beyond the Seas , and didst run away from thy Captain . Lewis Case . Croo. 2. 424.

So it will lye for this , Go tell Mr. Carns that I am neither Traitor to Rebels . my Prince , nor Rebel to my Country , as J. S. is , it will lye for J. S. in this Case . Mich. 9. Jac.

So it is said , it will lye for saying of a Iustice of Peace , Deputy Lieutenant , a Servant of the Kings Person , or any such eminent person , that No true Subject . hee is no true Subject . But otherwise it is if they be spoken of an ordinary person . See for this , Croo. 1. last publisht . 621. Croo. 2. 202. Walgraves Case . Bulstr. 3. 221. Yelvertons Rep. 104. Mich. 32. 33. Eliz. Co. B. Smiths Case . Goldsb . Rep. 441. But this , I am put out of the Parsonage house by Fowler , the Patron , who is neither the Queens friend , nor a true Subject , was held not actionable . Croo. 1. last publisht . 268.

So it is said to lye for this , Thou art an enemy to the State of this Rebel . Realm . Croo. 1. last publisht . 602. Hill. 40. Eliz. Co. B. Chambers Case . 38. Eliz. B. R. So for this , I was never a Traitor to the State , as you have been . Lamplews Case . See Stiles Rep. 435. But it will not lye Rebel . for saying of a man , Hee is a Rebel . 44. Eliz. Fountain and Grimes Case . Croo. 1. last publisht . 621.

So it séems it will lye for saying to one , Thou art a Rebel , and all that keep thee company are Rebels , and thou art not the Queens friend , for all this together . And yet it séems it will not lye for either part of these words alone . Croo. 1. part last publisht . 638. 876.

So it is said to lye for this , Thou dost harbour and maintain Rebels Maintain Rebels . and Traitors . And this albeit hée do not say , Knowing them to be such . Goldsb . Rep. pl. 7. 48. See chap. 10. Sect. 10.

So it is held , it will lye for this , Thou wast partaker with the Rebels Partake with Rebels . in the North in their Rebellion . But not for saying , Thou wast partaker with the Rebels in the North , without more words ; for this is altogether incertain . Bulstrode 2. part 109. Incertainty .

So for this , My Lord President in the North shewed Mr. Stapleton his hand set to a Book , whereby hee had consented to the late Rebels in the North , but by the means of Mr. Fairfax , my Lord President was perswaded , and the matter was suppressed . But if the words had béen thus , Hee consented to A. and B. ( who were Rebels ) and no more ; perhaps they might not be actionable . As where it was said of one , Hee was confederate with Campian the Jesuite ; these words ( it is said ) are not actionable , for hée might not know him to be a Jesuite . Croo. 1. last publisht . 251. 26. Eliz. inter Brown . & Lisle .

So it will lye for this , That John Peirse did say , that John Lewis [ the Plaintiff ] did say , that there is no Prince in England ; with this Averment , By Report . Sect. 2. that John Peirse never spake any such words . Lewis Case . Croo. 2. 407. 413. 427. Bulstr. 3. 225. But to say , I have heard that A. B. is a Traitor . If he say by whom hée heard it , and re vera hée did hear it ; it is not actionable . Croo. 2. 407.

So it will lye for a Master , for these words spoken to his Servant , Thou hast a Traitor to thy Master . Innuendo the Plaintiff . Croo. 1. part last publisht . 906. So for this , It is well known that I am a true Subject , but thou servest no true Subject . [ Innuendo . W. W. Croo. 1. last publisht . No true Subject . 191.

So it is held , it will lye for this , I am perswaded in my conscience Opinion only . Kill the King . Maintainest Rebels . [ or I think in my conscience ] thou wouldest , it thou couldest kill the King , and all his Subjects , and thou art a maintainer of Papists and Rebellious persons . Croo. 2. 407. Sydnhams Case . See Hobb . Rep. pl. 152. 180. Bulstr. 3. 260.

It is said in Godb. Rep. 147. to be adjudged not to lye for these words , Inclination . Thou art an arrant Papist , and it were no matter if such were hanged , and thou , and such as thou , wouldest pull the King out of his seat .

But this Action will not lye for such words as these , Hee is a seditious Adjective words . Knave , Nor as it hath béen said , for this , Hee is a Rebellious Knave , or he is a traiterous Knave . Coo. 4. 19. Bulstr. 2. part 210. And yet it is said , it will lye for saying of a man , Hee is a rebellious and traiterous Knave . See it . Croo. 1. part last publisht . 171.

Nor will this Action lye for this , Thou hast dealt treacherously with mee . But to say , Thou hast dealt treacherously with the King , are dangerous words , and may be actionable . Croo. 2. 80. Yelvertons Rep. 72.

Nor will it lye for these words , Thou art a Traitor , for I trusted thee Under qualification by other words . to buy Land for mee , and thou boughtest it for thy self . Coo. 4. 14. 15. 16. See in March . Rep. 20.

Nor for this , Thou art a Traitor , for thou didst affirm that the Kings Coin was faln a noble in the pound . In Bulstr . 265. Nor for this , Thou hast killed thy wife , and art a Traitor for it . Coo. 4. 13. 16.

It is said , that it will not lye for this , Hee is one that doth like of those Sedition . that do maintain sedition against the King . See Coo. 4. 13. 19. Croo. 2. 80. 81. And yet if it be of a great man , or the conference be about the great , publick , and violent Sedition , as the word doth most properly import ; they may be actionable . Coo. 4. 13. Lord Cromwells Case . Nor will it lye for saying , One of the servants of A. B. ( if hée have more than Incertainty in the person . one servant ) or one that is néer to A. B. is a Traitor . For it is altogether incertain , who it is that is intended by this spéech . And no Innuendo can Innuendo . ascertain it . Coo. 4. 17.

This Action will lye for these words , Thou art a Coiner of false mony , About coining of mony . Sect. 3. and I have mony to shew which thou coynedst . Croo. 1. part last publisht . 629.

So for these words , Thou wast in Lancaster Gaol for coyning . To the which the party accused answered ; I was there , and answered it well enough . And then hée replied , You were burnt in the hand for it . Croo. 2. 536.

But it will not lye for saying any such words as these , Thou art a coyner of Money , or , thou coynest gold , or , thou art a coyner of gold ; or , thou mayest well be rich , for thou coynest thirty shillings in a day ; for a man may coyn by authority , and it may be his trade . Mich. 9. Jac. Burnels Case . See the Cases reported in Godb. Rep. pl. 234 , 375 , 391.

It is said , this Action will lye for this , Thou hast forged a Privie Seal , About Forging the Kings Seal . Croo. 1. 157. But not for these words , Thou hast made the Great Seal . Hobb . Rep. pl. 48.

But upon this Head these things are to be known .

1 That in some of the Cases , and for some of the words said not to bée Actionable , if so it be that the Party of whom they are spoken have any special damage by them , he may perhaps in that Case have this Action for his damage .

2 In all the Cases before named , and in other Cases for words of the Averment . like nature , with the words before mentioned that doe bear Action , the Plaintiffe néed not shew any losse he hath sustained by them , for his Action will lye without this .

3 All the Actions that are brought for words of this nature , are and must be subject to the general Rules before laid down , viz. they must be malicious , false , particular , certain , positive , of a single , and clear intendment , under a capacity of Qualification , by the precedent and subsequen words spoken with them , and hold forth an Act done , and not an intent only ; for albeit the words in themselves be Actionable , yet if they be incertain in the Person of whom they are spoken , or the like , they may not be Actionable .

CHAP. VII . Of words of Slander about matter of Murder .

FOr the opening of this particular about Slanderous words , that have Murder , what it is . Sect. 1. an import of any matter of Murder in them , wee are to know , That Murder is a great Crime , and the punishment appointed by the Law for it is great , the losse of the life , and the whole estate . If any man therefore doe by slanderous words charge another with this Crime , or any thing like unto it , he may have his remedy against him by this Action .

And therefore it is held that this Action will lye against a man for saying of another , That he is a Murtherer ; Or for saying , that he hath committed Murtherer . Murther . Coo. 10. 130. and 4. 15. Dyer 236. Sée Owen . 33. So for this , Thou art a Murdering Knave . Croo. 1. 132 , 133. So for this , Thou art a long shag-haired Murdring Rogue . Greenes Case , 9 Car. 1. B. R. So for this , He is a Man-slayer , and hath laine in wait to kill . 28 Eliz. B. R. Harris and Dixons Case . So for this , He is a maintainer of Murtherers . Coo. 4. 14. See Chap. 10. Sect. 10.

So it will lye for saying this , Thou hast killed J. S. Or , Thou hast Murdred J. S. or , Thou hast poysoned J. S. or , Thou hast killed thy Poyson . Husband , or the like . Croo. 2. 352. 438. Coo. 4. 16. And yet some have held it otherwise for the first words , Thou hast killed J. S. Croo. 2. 306. in Godb. 257. see after Sect. 3.

It is held it will lye for this , I will call him in question for the poysoning For the manner of utterance of the words . of my Aunt , and I make no question but to prove that hee hath poysoned her . In a Case cited in Noys Rep. 63. 39 Eliz. Webbs Case . Croo. 1. part last publisht . 169.

So for this , It will be proved by many vehement presumptions , that A. B. was the Plotter of the death of C. D. Pasche . 7. Jac. B. R. in Yelvertons Rep. 153.

It is held it will lye for this , I have said that J. S. hath poysoned her Poyson . husband , and I will justifie it , and I have told her so much to her face . Croo. 2. 438.

It is held it will lye for these words said by a Servant , Thou hast killed Incertainty . my Masters Cook [ with this in the Declaration , Innuendo , I. H. Servant to Mr. Dingley , who was murthered ; and the Count was held Averment . good in this Case without any Averment who was his Master ; or that Mr. Dingley was Master to him that was slaine . Croo. 2. 422. So for this , Sir Thomas Colt hath killed his Cook , without any Averment that his Cook is dead , Pasche . 1. Jac. B. R. Sir Tho. Holts Case . So for this , Thou Averment . didst kill a Woman great with childe , with this Addition in the Declaration . Innuendo , uxorem cujusdam . R. S. defunct . and this was held to be certaine enough . Mich. 2. Jac. B. R. Certainty .

It hath béen held it will lye for this , Hee took my Wife by the hand and said , Thou and I will be married shortly ; and after that he dispatch't his Wife out of the way . Coo. 4. 16.

So for this said of A. A. [ the Plaintiffe Innuendo ] was with childe before she was married , and betwixt her Mother and her they murthered it , which childe was born alive , and heard cry ; it is said the Action lies . Eyes Case in Bendloes Rep. 152.

So for this . Hee is infected with the Murther lately committed , and doth smell of it . Dyer 317.

So for this , Thou art a base Fellow , and didst kill thy first Wife . Bernards Case , B. R. in Stiles Rep. 227.

So for this , Thou art a Murtherer , for thou art the Fellow that didst kill Mr. Sydnhams Man . But then the Plaintiffe must be sure in his Declaration , Averment . one way or other to shew , that one of his Servants was slain . Croo. 1. last publisht . 331.

It will lye for these words . Thou hast sought the blood of thy Husband , and wast his death , for if thou hadst been an honest Woman , hee had been alive yet , Croo. 1. part last publisht . 239. But in this Case in Averment . the Action brought , the Plaintiffe must aver that he is dead .

It is held it will lye for this , He came to such a house , where one lay sick upon his bed , and got upon the bed , and with his knee did break his bloud-bulk , and that thereby he had killed him . Sée Bulstr. 1. part 42.

So it is said it will lye for this , to say , A. is a Felon , and one standing by said , Take heed what you say , and then he saith , Is not hee a Felon that knew of a Murder and concealed it . And he knew of the Murder of Concealing Murder . Sect. 2. A. B. and did not reveal it till long after it was openly known . In Yelvertons Rep. 154.

So for this , where two or three Colliers were burnt in a house , and some were executed for it , and one said of the Plaintiffe , Thou didst bring Faggots a mile and a halfe to the burning of the Colliers . It is said an Action will lye for this . In Huttons Rep. 122.

So for this , There was a man killed in the house of A. and she concealed the Murther . In Stiles Rep. 392. and yet it is said it will not lye Concealing Murder . for this , He is a Felon , for he knoweth of a Murder and concealeth it .

So it will lye for this , The Knave , the Apothecary that married my Sister hath poysoned my Unckle , and I will have him taken up againe to hang him . In Stiles Rep. 245.

So it is said to be held to lye for this , A. B. was found dead , and you killed him , In Hetleys Rep. 70.

It is said , it hath béen held to lye for this , One told mee that shee heard By Report . say , that Megs wife poisoned her Husband , in a Mesle of milk , with this Averment , that nullus dixit , &c. It is so reported by Goldsb . 139. Bendloes Averment . Rep. 152. So for this , A. said that B. did report , that your Wife sacrifized her childe to the Devil , to make away my mother . Pasche . 15. Jac. Locks Case .

It is said , it will not lye for this , Thou dost lead a life in manner of a Incertainty . Rogue , I doubt not but to see thee hanged for striking of Mr. Sydnhams man , who was murdered . Mich. 11. Jac. in Scaccario .

It is said , that it hath béen held to lye for this , Keynor is a base Gentleman , hee hath four children by his servant Agnes , and hee hath killed them , or caused them to be killed . In Pophams Rep. 187.

It will not lye for this , A. struck his Cook on the head with a Cleaver , Incertainty . and cleaved his head , the one part lay on the one shoulder , and the other part lay on the other shoulder . Croo. 2. 184.

Nor for this , If two be speaking of the killing of Hares with Engines , Under qualification . and with reference to this ; the one of them doth say to him that hath so done , Hee is a murtherer ; in this case the subject matter of the discourse shews his meaning , and will qualifie the words , that they shall not be actionable . Coo. 4. 14.

It is said to have béen agréed to lye for this , That where two are talking Certainty in the person charged . together of a Suit wherein the Plaintiff and others were Defendants ; And in that discourse the Defendants used these words , These Defendants [ Innuendo the Plaintiff and the other Defendants ] are those that did help to murder H. Parrer . [ Innuendo H. P. lately deceased ] who was murdered by one T. H. who was hanged for it . In Hobb . Rep. pl. 118. And it was there held , that the words were certain enough as to the persons charged . But if there be thrée present , and one say to them , One of you Incertainty . three killed J. S. Or if one say , One of the servants of A. B. ( who hath many servants ) murdered J. S. this is altogether incertain , and not actionable . Fleetwoods Case in Hobb . Rep. 375. 351.

It is said , that it hath béen held to lye for this . Mris. Paffield did write a Attempt or indeavour of Murder . Sect. 3. Letter to one to poison her Husband . In Bulstr . 1. part 2. Some doubt of this Case . Yet see Finches Law . 186.

It is said , it hath béen held to lye for this , thou didst place a woman in the house of J. S. to the intent to poison her . In Bulstr . 1. part 201. Finches Law . 186. So for this , Shee would have cut her husbands throat , and did attempt to do it . But that it will not lye for the first words . Lanes Rep. 98.

So for this , A. sent a Letter to my Master , and therein willed him to poison his wife . Croo. 1. part last publisht . 747.

So for this , thou didst lye in wait to assault mee , with an intent to kill [ or to rob ] mee . Mich. 4. Jac. and Pasche . 5. Jac. B. R. See in Bulstr . 2. part 206. Murreys Case .

So for this , thou didst procure one to lye in wait to murder mee . See Bulstr . 2. part 20. the contrary .

So for this , thou didst hire one to kill mee . Trin. 33. Eliz. B. R. Suttons Case . Yet see Croo. 3. 1. part last publisht . 191. where the Court séemed to hold the contrary to this . And yet there the Court agréed , that it will lye for this . Tabbot and Gough agreed to have hired a man to kill mee ; And that Gough should shew mee to the hired man to kill mee . See the Report of one Murreys Case , in Bulstr . 2. part 206. which séems to oppose this .

So for this , thou didst lye in wait to kill mee with a Pistol . Pasche . 5. Jac. B. R. So for this , thou didst send one to kill mee . Trin. 33. Eliz. B. R. Or thou didst send one to my house to kill mee . Yet see Murreys Case before named .

So for this , thou soughtest the life of J. S. If hée be dead . Mich. 7. Jac. Weblins Case . Yet see Coo. 4. 15. So for this , hee sought my innocent blood . Sir Edward Hertburyes Case . B. R. see Coo. 4. 15.

So for this , My Lord Lumley hath gone about to take away my life against all Christian dealing . Coo. 4. 16. 15. Hext Case . which seems in the case and reason of it to be against these cases .

So for this , My Lady Cockin offered to give poison to one to kill the childe in her body . 32. 33. Eliz. Coo. 4. 16. See in this Bulstr. 2. part 206.

So for this , If I had consented to Mr. Cardinal T. H. had not been alive [ or had been dispatcht out of the way . ] Cardinals Case . Coo. 4. 16.

So for this . A. did prepare poison to kill mee . Yelvertons Rep. 90.

But it is said , it will not lye for this , Sir Francis Beamont did come to the house of Sir John Harper , and that hee and his servants went about to kill Sir John Harper , and that hee did maintain them , and that Sir John Harper may not have this Action for this . But if hée say hée did maintain them to that intent , or that any thing were done that way , it might happily be actionable . Bulstr. 3. part 167.

And so generally in all cases , where the words do import an intent , joyned with any overt Act of Attempt , or Endeavour , there the words will bée actionable . But , a Charge of an Inclination , or Purpose only to do a murder without any Act of endeavour or attempt , is not actionable . Coo. 4. Inclination or purpose only . 18. And therefore it would not lye for this , He gave his Champion counsel to make a Deed of Gift of his goods to kill mee , and then to fly out of the Country , but God preserved mee . Coo. 4. 18. Bulstr. 2. part 206.

And it is said , it hath béen held not to lye for this , Thou wouldest have killed mee . Trin. 4. Jac. B. R. for this is only punishable in case of Treason . Croo. 2. 407. Hobb . pl. 152. 180.

Nor for this , Shee would have cut her husbands throat . Lanes Rep. 98. Bulstr. 2. part 206.

Nor for this , Hee had a minde to have killed mee . Bulstr . 2. part. 206. Incertainty in words . General words .

Nor for this , Hee hath killed a man ; For this hée may do as a Minister of Iustice , or in the wars , or se defendendo , &c. Trin. 17. Car. B. R. And yet see the contrary before Sect. 1. Croo. 2. 352. 438. Coo. 4. 16.

Nor for this , Thou hast procured a perjured Knave to seek my blood . Words general , and incertain . 32. Eliz. B. R. Sir Edward Hastings Case . In Hobb . Rep. 196. 332.

Nor for this , Thou wert the death of J. S. or , thou wast the cause of his death ; or , thou wast the cause that hee hanged himself , or cut his own throat . Croo. 1. last publisht . 239. See in Hetleys Rep. 70.

Nor will this Action lye for such words as these , Thou seekest my life . Coo. 4. 15. Yet see before some Cases , that séem to contradict this . Nor for this , Hee seeketh my blood . Sir Edward Hurtburies Case . See March of Slanders . part 2. 6. Nor for this , Thou wentest about to poison a childe . Eatons Case . Nor for this , Hee smells of the Murther of J. S. Dyer . 317. Nor for this , To say of one that is dead , J. S. was the cause of his death , and I will swear it on a Book . And yet if the discourse which occasioned the words , were about the Murther of him that is dead , the words are more dangerous . Bulstr. 2. part 10. 11.

For in all these latter Cases the words are too general and incertain to maintain the Action .

It is said , it will lye for these words , Thou hast poisoned J. S. And Sect. 4. this albeit hée be alive , or it appear hée is alive . For poison may break out upon him , and hée may escape . In Bulstr. 1. part 42. In Yelvertons Rep. 21.

So for this , Thou didst poison J. S. and it shall cost mee a hundred Poison . pound , or I will hang thee for it . New Book of Entries . 25. Yet see Hobb . Rep. pl. 11. And there it is held , that it must be said , that hée did it willingly , or it is not actionable .

It is said , it will not lye for this , A. B. gave C. D. mony to shift him away as soon as he had killed R. T. Parrants Case . B. R. Quere of this .

But it is held , that the Action will not lye for these words , Thou hast Words of contradiction . killed my Wife , and art a Traitor for it . Nor for saying , thou hast killed thy Wife ; for the words import that shée is alive at the time of the words spoken . But otherwise perhaps it may be if shée be re vera dead , and the Plaintiff do set it forth to be so in his Declaration . Coo. 4. 13. 16. Hill. 39. Eliz. Co. B. Bulstr. 3. part 167. Pasche . 5. Jac. B. R. Holt and Taylors Case . So it is in other Cases when it doth not appear in an Action brought for such words importing a Charge of killing another , that the party it is said hée killed was dead at the time of the words spoken . In Hobb . Rep. 8. Trin. 17. Car. 1. Co. B.

Nor for this ; Thou art a blood-sucker , and seekest my blood . Nor this , Blood-sucker . Hee is a blood-sucker , not worthy to live in a Common-wealth , and his childe not born is bound to curse him . As it is reported by Noy 64. and in Popham . 177.

Nor for this , Thou art a cut-throat . In Bulstr . 3. part. 265. Cut-throat .

Nor for this , Thou art a companion of cut-throats . Croo. 1. last publisht . 554.

But upon this head this also is to be known .

1 That in some of the Cases , and for some of the words herein said not to be actionable , if so it be , that the party of whom they are spoken , have any special damage by them , hée may perhaps in such a case have an Action for the words .

2 In all the Cases before named , and in other Cases of like nature with the words before mentioned , that are actionable words , the Plaintiff is not bound to set forth in his Declaration any special losse hée hath sustained by the words , for the Action is maintainable without it .

3. That in all the Cases of actionable words , they must be under the general Rules , viz. the words they must be false , malicious , particular , univocal , positive , and certain , and such as import some Act done . For if they do not appear to be so , but they be true , or spoken in a way of Iustice , or the like , that they appear not to be malicious , or be altogether incertain , either in the person , or thing , or be under a qualification by other words spoken at the same time , or import only an intent to do something , but nothing is done , or the like , no Action will lye upon them .

4. That the Plaintiff in his Action brought for such words as these , is Averment . not bound to say , or set forth that the Charge by the words did import a malicious , voluntary , or willing Murder , or that the party said to be murthered , is dead , or died within the year . But this is certain , That where the Action is brought for words of import , to charge the Plaintiff with the killing of a man , it will be the sure way for the Plaintiff in his Declaration , to shew that hée is dead , and was so when the words were spoken . Or if hée do not so , then it will be the wisdome of the Defendant in his pleading , to shew hée is yet alive , or was alive when the words were spoken ; for then no Action will lye upon them . Coo. 4. 16. Croo. 2. 252. Yelverton . 20. 21. Croo. 1. part last publisht . 823. Croo. 2. 438. Bulstr. 1. part 42. Hobb . Rep. pl. 11. New Book of Entries . fol. 24.

CHAP. VIII . Of words of Slander , about Matter of Witchcraft .

THis offence of Witchcraft , by the use of Invocation , or Conjuration Witchcraft , what it is . Sect. 1. of evil Spirits , to take up any part of a dead person to bée used in any Witchcraft , and used to kill , or lame any person is Felony . To take upon one by Witchcraft , and such like waies , to discover any thing lost , or any treasure , to provoke to unlawful love , or to destroy , or hurt any person , cattle , or goods , is a great offence and very penal : If any man therefore shall by slanderous words , charge another with this Crime , or anything like unto it , hée may have this Action for his remedy . Stat. 1. Jac. chap. 12. Coo. 13. 59. And therefore it is held ; that this Action will lye for the words as they are mentioned , in the Cases hereafter following .

Some of the Iudges have from time to time béen of opinion ; that this Witch . Action will lye , for calling of a man or woman Witch ; or saying , hée , [ or shée ] is a Witch , without the Addition of any other words to it : And some Iudgements are said to bée given accordingly . For which see , Croo. 2. 306. 150. 639. 531. 205. In Godb. pl. 435. But the main current of the Iudges opinions and judgements are the other way , and the Law ( as it séems ) is now taken to bée ; that this Action will not lye for saying one is a Witch ; without the addition of some other words , importing that hée hath bewitched some Person , or his goods , &c. For which see , Finches Law 126. Croo. 2. 399. 150. 205. 236 531. 660. Croo. 1. 233. 205. 236. 340. 233. In Godb. Rep. 257. 341. 17. Jac. Hawks Case M. 8. Jac. B. R. Shirdens Case . Brownl . 2. part . 14. Bendloes Rep. 23. 127. Hellenas Case . Stiles Rep. 11. 47.

It is said , to be adjudged , to lye for the words in the Cases hereafter next following . That is to say , The Devil appeareth to thee every night in the likeness of a black man , [ or a black horse ] and thou conferrest with him , and hee giveth thee what thou askest , and therefore thou hast so much money . Marshals Case , by Hobb . pl. 137. 162.

But it is doubted whether it will lye for the words in the Case , next hereafter following , that is to say ,

Thou art a Witch , and wert the death of such a mans childe , at whose birth thou wert Midwife . In Godb. Rep. 341. Bendloes Rep. 127.

And so whether it will lye for this ; Thou art a hagg . in Hobb . Rep. 155. Hagg.

And so whether it will lye for this ; Thou art a Witch , and hast bewitcht my wives milk . Croo. 2. 600.

And so whether it will lye for this ; A. did bewitch my goodman , Incertainty . Innuendo my husband . Stiles Rep. 106.

And so whether it will lye for this ; Thou hast bewitched one . Stiles Rep. 106.

But there it is the opinion of two Iudges , that it will lye for saying ; Thou hast bewitched a man . Stiles Rep. 106.

And for these words it is said it will lye ; thou art a Witch , and didst Sect. 2. bewitch my Mothers drink , and being asked after why shée did it , shée said : If I have called her Witch , wee will prove her a Witch , and answer Witch . what wee have done . Hughes Case , Croo. 1. part 100.

And for this , thou art a Witch , and hast bewitched J. S. to death . Croo. 1. 100. Godb. 341. Croo. 1. 341. And for this , hee is a Witch Witch and Inchanter ▪ and an Inchanter , and hath bewitched the children of one Strong . Hutton Rep. 13. yet see Bendloes 127. And for this , thou art a Witch , and thou hast bewitched children that they are wasted and destroyed . Stones Case , Brownl . 1. part 2. 7. Croo. 1. part 341. Huttons Rep. 13. And for this , He is a Witch , and a strong Witch , and hath bewitched me and my Aunt A. S. Ceelies Case . Croo. 1. 341. Stiles Rep. 106.

And for this , Thou and thy VVife [ Innuendo , the Plaintiffe and Agnes his Wife [ are both VVitches . and have bewitched my Mare [ Innuendo , the Mare predict . Thome . ] whereas it should have been , predict . Richardi . Tho. Smith versus Cooker . Croo. 1. 368.

And for this thou art a Witch and a Sorcerer . Croo. 1. last publisht . 571. And for this , Shee hath bewitched J. S. by VVitchfraft and Sorcery . Witch and Sorcerer . Croo. 1. part 189. Goldsb . 341.

And for this , Thou art a VVitch , for thou hast bewitched my Cow . Savils Case . Stiles Rep. 59. 65.

And for this , I. S. is a VVitch , and hath bewitched two of the servants Averment . of I. S. to death , and there held that the Plaintiffe néed not to aver that any person is dead , or how she did bewitch . Croo. 2. 639.

And for this , Thou dost work by Nigromancy , and dost work by the Devil . Yelvertons Rep. 150.

And for this , Long is a Murtherer , and hath bewitched my childe , and was the death of my childe . Mich. 23. Car. B. R. in Stiles Rep. 65.

And for this , Thou art a VVitch , and dealest with VVitchery , and didst procure Mother Rale to bewitch the Cattle of I. S. Hill . 20. Jac. Sée in March of Slanders , 1. part 15.

And it is said it will lye for this , Thou hast killed a man by VVitchcraft , Certainty . and that this is certaine enough . Stiles Rep. 106.

But it is reported , and said to be held , that this Action will not lye for the words in the Cases hereafter following ( that is to say ) for saying of I. S. That he is a Sorcerer and Inchanter . Muttons Case . Coo. 13. 59. Sorcerer and Inchanter . Conjurer . Brownl. 2. part 276. Nor ( as it séemes ) for saying of a man , Hee is a Conjurer ; but if he saith , He is a Conjurer of the Devil , or , of any evil or wicked spirit , the words are more dangerous . Godb. Rep. 341. and yet some have held the contrary , and that all these words are Actionable , because they doe , as the Witch doth , deal with the Devil , the one by agréement , the other by prayer , and such like means . Some would have it Hagge . for to lye for calling of one Hag , others doubt of it . Hobb . Rep. 155.

Nor for this , Thou art a Witch and Inchanter , and hast bewitched Witch and Inchanter . Witchcraft . Strongs children . Brown . 1. part 2. 7.

Nor for this , He hath bewitched my VVeare that I can catch no Fish .

Nor for this , Thou art a VVitch , and hast bewitched my childe . Mellon versus , Hern. Godb. 341. Stiles Rep. 11. 66. 59. Huttons Rep. 132.

Nor for this , Mary Yates is a Sorcerer and a Witch , and a White Sorcerer and Witch . Witch , she can bewitch and unbewitch . Stiles Rep. 47.

Nor for this , Shee is a Witch , and I will take my oath of it . Turners Case , Stiles Rep. 47.

Nor for this , Thou art a Conjuring Knave . Bulstr . 1. part 138. Nor Conjuring Knave . for this , Thou art a Witch , and a strong Witch , Croo. 1. 205. 236.

Nor for this , Thou art a Witch , and by thy means I have lost my Mare . Hawks Case , Croo. Rep. 2. 531.

Nor for this , Thou art a Witch , and I will make thee come and say . God save my Mare ; I was forced to get my Mare charmed for thee Croo. Rep. 1. 233.

Nor for this , Mr. Lowes is a Witch , and I will prove it , for I have Sect. 3. seen him , and his imps , and evil spirits appear unto me in my chamber , and put me in fear of my life ; and he said , Come , he will never bee at quiet till we have killed him , and he did bewitch a childe of mine . Lowes Case , Bulstr . 3. part 74.

But upon this Head , these things are also to be known .

1 That for these , and such like words before mentioned therein , that are not Actionable , that albeit the words in themselves are not Actionable , yet if any special damage shall come thereby to him of whom they are spoken , he may happily have this Action for them . Croo. 2. 202.

2 That for all the words herein before mentioned to be Actionable in themselves , and for all such like words , this Action will lye , without Averment Averment . of any special losse sustained by the party of whom they are spoken . Croo. 1. 101. See March Rep. pl. 2. 93.

3 That such kind of slanderous words as these are , must bee under the general Rules before laid down , Malicious , false , certain , &c. For if they be true , or not malicious , too general , of a double intendment , or doubtful meaning , or not sufficiently positive , or altogether incertain in themselves , either as to the person of whom they are spoken , or in the thing spoken of that person , or under a Qualification by the precedent or subsequent words spoken at the same time , or import an intent only of doing an act , and no act done , they may not be Actionable .

CHAP. IX . Of words of Slander about Rape , Sodomy , Buggery , and House-burning .

THe Ravishment of a Woman is by the Law a very great Offence , and Rape . very penal , and therefore if any man shall charge another with this Offence , or any thing like unto it , the party slandered hereby shall have this Action for his Relief therein . Stat. 13 Eliz. chap. 6. 39 Eliz. chap. 9. and therefore it hath been held , That an Action will lye for the words in the Cases hereafter following ( that is to say ) for saying , Thou didst ravish I. S. and for this , He should have been hang'd for a Rape , and it cost him dear . M. 39 , 40 Eliz. B. R. Redfernes Case . Croo. 1. part last publisht , 589. And for this , He is ravishing of I. S. Croo. 1. 101. And for this , Thou [ Innuendo the Plaintiffe ] hast ravished a Woman twice , and I will make thee to stand in a white sheet for it . In Godb. Rep. 287.

Sodomy in the eye of Law is a great Crime , and very penal ; and therefore Sodomy . if any man shall slanderously charge another with this , or any thing like unto it , this may be actionable , 25 H. 8. cap. 6. 5. Eliz. cap. 17. Coo. 12. 37. and therefore this Action will lye for calling of one Sodomite , or for saying , He hath committed Sodomy . Coo. 10. 130. Sodomite . and 4. 15 , 16.

The like may be said of this offence of Buggery , and of words scandalous Buggery . about it ; and therefore it is held that this Action will lye for calling of one Buggerer , or saying of one , That he hath committed Buggery . Buggerer . Coo. 10. 130. and 4. 15 , 16.

The burning of any dwelling House , or Barn full of Corn , or any Out-house House-burning adjoyning to such dwelling House or Barn , is also by Law Felony , and very penal to the Offender ; and therefore if any man shall slanderously charge another with this , or anything like unto it , this may be actionable ; this Action is therefore said to lye for saying , Thou didst burn a dwelling house , or thou didst burn a barn with corn : But it will not lye for saying , Thou didst burn a barn , or thou didst burn a barn with thine own hands . Nor may such words bée made Actionable by enforcing it with an Innuendo in the Declaration , Innuendo a barn full of corn . Adjudged New . B. of entries . fol. 25. Coo. 4. 14. 20. In Yelvertons Rep. 21. Bulstr. 1. part 112. Croo. 2. 184. Hobb . Rep. 196. 332. 350. And yet it hath béen adjudged to lye for this , B. is a bad minded man , and none but hee did burn my fathers barn ; and hee doth use to set fire of barns about Michaelmas , when they are full of corn . In Noys Rep. 155. And sée in a Case where two or thrée Colliers were burnt in a barn , and some were executed for it ; where one said of J. S. Thou didst bring faggots a mile and a half , to the burning of the Colliers . Huttons Rep. 122. But it is said it will not lye for this , thou hast burnt my barn , for which thou wilt bee hanged . In Bulstr . 3. part. 267.

In an Action for these words , I am sure that A. B. did burn my Barn , Innuendo a Barn full of Corn , and I will have a bout with him for it ; If my Lord cheif Iustice would have done mée right , I would have hanged him for it ; in this Case the Iudges did most incline , that the words were not Actionable . Croo. 1. part . last publisht 834.

It is said , it hath béen adjudged to lye for this , hee hath harboured About the receiving of a Priest . and received his Son into his house , having notice of him before that hee was a Seminary priest ; for this is Felony , see in Bulstr. 1. part 181.

And here this also is to bée added to all the Cases before laid down in this chapter , as in the former chapters ; That in Cases where one shall slanderously charge another with any Crime , made Felony by any Statute Law , or with any thing like unto it : As with the having of two wives , the Imbezeling or razing of Records , the wilful putting out of a mans eyes , or cutting out of his tongue , the Levying of a fine , or acknowledgment of a Statute in another mans name , conveying away of the Kings Ordnance , or Armour , or the like , this Action may bée maintainable for it .

And in all such Actions , the Rule before laid down in the Actions for Slanders about matter of Murder , do held place here .

1 That if the words import any great slander , and bée not in themselves Actionable ; yet if any special damage happen to the party of whom they are spoken , by them ; they may by this become Actionable .

2 That in Actions for such words as these , there will not néed any Averment of special damage by them .

3 That if the thing said bée true , or not malitiously said , or too general , of a double intendment , or of a doubtful meaning , or not sufficiently positive , or altogether incertain in themselves , either as to the person slandered , or the slander it self , or under a qualification by the precedent or subsequent words spoken at the same time , or import an intent only of doing an Act ; and no Act done , they may not bee Actionable .

CHAP. X. Of words of Slander about matter of Theft .

AS to Slanderous words that have an Import in them of any matter of Theft ; we are to know , that Theft is the unlawful taking away of another mans goods from him against his will , and this is a great offence and Theft , what it is . very Penal : For by the greater Felony , which is the stealing of any thing Sect. 1. above Twelve Pence in value , the offender doth in many cases loose his life , and all his estate by it . And by the lesser Felony , which is the felonious Petit Larcenie . taking of any thing under the value of twelve pence ( which is called Petit Larceny ) by this hée will forfeit all his goods ; and become liable to such corporal punishment of whipping , and the like , as the Iudges shall appoint . If therefore any one shall charge another falsly with any crime of this nature , hée may have his remedy by this Action . It is therefore said to be agréed , that this Action will lye for these words , and as they are set forth in the Cases hereafter following , viz. for calling of a man Sacriledger , or Church-robbet ; or for saying , Thou hast committed Sacriledge , Sacriledge and Sacriledger . Church-robber . or , thou hast robbed the Church of Dale . Pasche . 5. Jac. B. R.

So it is said , it hath béen held maintainable for these words , A. is robbing the Church of S. Or , Thou hast robbed the Church of S. Croo. 1. 301. Dr. Sibthorps Case . But for saying , Thou hast robbed the Church , without more words , it séems no Action will lye , for the incertainty of the words , what Church hée intended , a Visible , or Invisible Church . And Incertainty . yet to say of one , That hee hath robbed a Church , is conceived , may bée actionable , and that it shall be intended to be spoken of a material Church . See in March. of Slanders . 1. part 48.

It is said to be adjudged to lye for this , Thou hast robbed the Church of A. and thou hast stoln the Lead from off the Church [ Innuendo the Church of A. M. 4. Jac. Benson and Morlyes Case . Croo. 2. 153. But that it will not lye for saying , Thou hast robbed the Church of Dale , for thou hast stoln away the Lead of it . Coo. 10. 130. 4. 15. Croo. 2. 153.

It is said , that this Action will lye for this , Hee hath robbed a Church , not saying what Church , as the Chuch of Dale , &c. and that an Innuendo Certainty . may make it certain . Croo. 1. 301. Croo. 2. 154.

This Action ( it is said ) will lye for calling of one Pirate . Or for saying of him , Hee hath committed Piracy . So for saying , Thou maintainest Piracy . Pirate . Pirates , who rob upon the Seas . So for this , Thou art a Maintainer of Pirates , and a procurer of piracies . Croo. 2. 629. Coo. 4. 14.

It is held to be out of question , That this Action will lye for calling of one Theef , Robber , or House-Robber . So for saying of one , Hee hath Other Theft . Theef . Robber . House-robber . committed a Robbery , or , hee hath committed a Burglary . Coo. 10. 130. 27. H. 8. 11. 14. Dyer . 112 , 236. Croo. 1. 329. In Owens Rep. 33. 47. In Noys Rep. 10. 20. So for this , Thou art a Sheep-stealer . So for this , Thou art a Horse-stealer , In Bulstr . 3. part 303. 260. In Bendloes Sheep-stealer . Rep. 154. So for saying , Thou art a Welch-Theef . Croo. 1. 329. So for this , A. hath stoln my Sheep . In Huttons Rep. 8. So for this , A. Horse-stealer . hath stoln Sheep . So for this , A. hath stoln Sheep from B. C. 27. H. 8. 22. N. 26. H. 8. 9. pl. 11. So for this , Thou art a Roguish Knave and a Theef . Bulstr . 2. part 134. So for this , Thou didst steal the Horse of J. S. In Hobb . Rep. pl. 196. So for this , Thou art a cunning Theef . Bulstr . 1. part 146. 210. So for this , Hee is a Theef to you , and to mee , and hath stoln twenty pound from mee , and forty pound from you . Croo. 2. 676.

So for this , Thou didst meet mee on the way , and askedst my purse , and I gave thee five shillings for fear . Bonds Case .

So for this , A. did set on mee , and took my purse from mee , not saying in the high way .

So for this , Thou didst set upon mee in the high way , and didst take away from mee my purse , and I will be sworn to it . Stoners Case . B. R.

So for this , Thou didst set upon mee , and tookest away my purse , with twenty marks in it , go with mee before a Justice , and I will charge thee with Felony . Lewis Case in the Chequer Chamber .

So for this , Thou didst violently upon the high way take away my purse from mee , and four shiilings two pence in it , and didst threaten mee to cut mee off in the midst , but I was forced to run away to save my life . Lawrence Case . Croo. 1. 102. M. 8. Car. 1. B. R.

It is said , it will lye for this , Hee hath robbed J. S. And this albeit J. S. were never robbed . Mich. 9. Jac. B. R.

So for this , Hee is a Theef , and hath stoln my gold . Albeit hée do not say when hée did steal it . Croo. 2. 622.

So for this , Thou didst steal my Horse , and wast in Gaol for it . Hobb . Rep. 196.

So for this , Hee hath stoln a horse , and it will be proved by twenty witnesses . Hares Case .

And yet it is said , it will not lye for this , Thou didst take away my mony [ or the mony of J. S. ] Hobb . Rep. pl. 11. 106. 332. 350. Croo. 2. 184. Brownl . Rep. 1. 2. Coo. 4. 15. Nor for this , Thou hast stoln by the high way side . Davis Case . Pasche . 38. Eliz. Goldsb. 143. Bulstr. 1. part 112. Nor for this , Thou didst beat mee , and took away my purse from mee . 37. Eliz. Co. B. March . of Slanders . 1. part 47. Nor for this , Hee did assault mee , and take away my money . Bulstr . 1. part 112. Nor for this , Hee took away money from him with a strong hand . Mich. 15. Car. B. R. Nor for this , Thou didst take away my money with a strong hand . Bulstr . 1. part 112. March . Rep. pl. 91. And Innuendo Felony in the declaration will not alter the Case . Godb. Rep. 181. Nor for this , Thou Innuendo . didst take away my purse , and twenty shillings in it . Hobb . Rep. pl. 268. So for this , Thou didst set upon mee in the high way , and take my purse from mee , and twenty marks in it , and I will be sworn to it . Croo. 2. 315. Holland and Stoner . Bulstr. 1. 112. for there is no certain charge of Felony in it . Hobb . Rep. pl. 268. 382. See in March . Rep. pl. 91.

Nor for this , I have a matter against A. who hath stoln by the high way side . Croo. 1. part last publisht . 459. See of this more upon the incertainty Sect. 2. of the charge . Afterwards in this chap.

It is said , the Action will lye for this , Thou hast stoln my goods , and I will have thy neck . In Brownl . 2. part 230. 280. So for this , Thou art a Theef , for thou hast stoln my Cock . In Brownl . 1. part 1. Or , thou hast stoln my two Cocks [ or my two Hens . [ or my other goods . Trin. 5. Jac. B. R. Bensers Case .

So for this , You , huswife , are a Theef , and have stoln my purse ; and it Certainty . was said , that there was certainty enough in it . Stiles Rep. 150.

So for this , J. S. did load a Ship of my Masters with Barley , and did steal and couzen seven quarters thereof in measure . Mich. 20. Jac. Co. B. Winch. 41. See Winch. 202.

So for this , Thou hast stoln Plate in Cambridge , and wee will charge thee with Felony for it . Wilb. and Gunning . 2. H. 7. 16.

So for this , Thou hast stoln a Sack , and a Curry-comb , and I will make thee produce it . And thou didst steal my Fathers Wood , and give it to a Whore . Brownl . Rep. 2. Hobb . Rep. 192. Skarlets Case .

So for this , Thou art a Theef , and hast broken my Chest . In Stiles Rep. 115. Wainwrights Case . Trin. 24. Car. B. R.

So for this , Thou art a Theef , for thou hast stoln the Town-beam [ Innuendo the Town of W. per Serjeant Hutton . Brownl . 3.

So for this , Thou art a steal-gown , and the first Gown that thou didst wear thou stolest , and thou didst walk up and down in the stole Gown , and hadst no Gown till thou didst steal one . New Book of Entries . 23. D. Sect. 20.

So for this , A. hath stoln my Axe from my Wood-pan . Edwards Case , in Stiles Rep. 213.

So for this , That he stole two or three pound of Tobacco out of his Masters shop , and yet there it is said , That it will not lye for this , Hee Averment . stole the Tobacco out of his Masters shop , without a special Averment that there was Tobacco there , and what it was . Wotherlies Case in Winches . Rep. 6. 15.

So for this , Thou art a Thief , for thou hast cut off the Ear-mark of my sheep , and set on thine own . See in March of Slanders . 2 part 4.

So for this , Thou wouldst have stole a peice of cloath , or else thou wouldst have delivered it to my Wives daughter , thou art a thief , and an arrant thief , and I will prove it . In Goldsb . Rep. 85. So for this . A. is robbing of I. S. Croo. Rep. 1. 101.

So for this , A. is as very a Thief as any that robbeth by the High-way side . So for this , A. is a worse thief than any that robbeth by the high-way side . Croo. 1. last publisht . 224.

So for this , to say of one suspect , and proseeuted for stealing of a Horse , That he did steal him ; for common fame of a man that he is a Thief , will not warrant any man to call him so , or to say , Hee is a thief . Mich. 13. Jac. Co. B. Cuddington against Wilkins . See Hobb . Rep. pl. 105. 112. 238. 381. So for this , There is a great nest of Theeves at Pinton , and Sir John Bridges is the maintainer of them , and hee is a Thief himself , Dyer 75.

So for this , I. S. was questioned for stealing of a gray Mare with a Manner of the speaking . snip in her ear , and Hue and Cry went out after him , and hee durst not shew his face hereabouts . Stiles Rep. 159.

So for this , I did meet J. S. and others , such a day in such a place , and they bid me deliver my Purse , and I being afraid , put my hand in my Pocket , and took out two shillings six pence , and gave it over my shoulder Incertainty in the person slandered . Sect. 3. to one of them , I know not which , it will lye for J. S. but not for any of the rest . Yelvertons Rep. 158.

So for this , Take heed how you lodge J. S. for hee takes Purses . By two Judges . Bulstr . 1. part 112. So for this , Thou art a Rogueish knave and a thief . Bulstr . 134. So for this , Thou art a cunning thief . Bulstr . 2. part 146.

So it is said to lye for this , You doe not well that you doe not apprehend J. S. for a Felon , and seize his goods , for he hath stole a sheep from A. B. Croo. 2. 126. So for this , Hee would have robbed me , and did rob me of my Dagger . Bulstr . 2. part 227.

It is said it will lye for this , There is not a Purse cut within twenty Cut-purse . miles but I. S. knowes of it . and hath a share in it . Balls Case .

So for this , Thou art a cunning Cut-purse Knave . Trevillians Case , B. R. But not for this , He is a Cut-purse ; Nor for this , He is a cunning Knave , and acquainted with more Cut-purses than any man in Northamptonshire . Bulstr . 1. 147. Croo. 2. 536. Godb. Rep. 181.

Nor for this , Thou hast cut my Purse , therefore I charge thee with Felony ; but if he say , Thou hast cut my Purse feloniously , it may perhaps Pick-pocket . be otherwise . Croo. 1. part last publisht , 890.

It is said to lye for this , Thou hast taken out of my Pocket forty pound of my Mony , and I will cause thee to be indicted at the Sessions of the Peace , and to hold up thy hand at the Bar for it . But that it will not lye for this , He hath picked out of my pocket silver and gold . Croo. 1. part 238. Yelverton . 136. Dromants Case ; or taken out of my pocket silver and gold , or picked my pocket , and taken away ten shillings . Stiles Rep. 127. Croo. 2. 498. And yet it is said it will lye for this , Thou hast Picked my Pocket , Quere thereof , and see Croo. 1. 238. In Godb. 287. pl. 413.

It is said it will not lye for this , Hee is a Pilfering fellow , and hath Pilferer , and Pilfering fellow . Pilfered away my corn and goods from my wife and children . Huttons Rep. 14. Owens Rep. 56. Carters Case . M. 37. 38. Eliz. B. R. Croo. 1. last publisht 424. Nor for this , Hee is a Prigging Pilfering fellow . Nor A Prigging fellow . for this , Thou art suspected to bee a common Pilferer .

Nor for this , Thou art a Filching fellow , and hast Filched away Ten Filcher , and Filching fellow . Pounds from mee . Hobb . Rep. pl. 323. Croo. 4. 15.

Nor for this , Thou art a common Filcher . Croo. 1. last publisht 554.

This Action will lye for these strange words , where the use and meaning of them is known ; Thou art a healer of Felonies , and hast shewed such For strange words used in some Countries . a favour to a Horse stealer , that thereby both the Horse and Theef were conveyed away , and it is in my Power to hang thee . Yelvertons Rep. 153. Healer of Felons . Hobb . Rep. 191. So for this , Thou art a healer of Felons . Hobb . Rep. 191. So for this , spoken before them that know the use of it ; Thou art a Sheep-Theef . So for this , Thou art an Out-putter . So for this , Croo. Sheep-theef . Out-putter . 1. last publisht 250. Bulstr. 2. part 145. Brownl. 1. part 13. Hobb . Rep. 350.

And this also ( as it séems ) without any Averment in the Declaration , Strained a mare . that the sense of the words is so and so ; for this may bée proved at the Tryal by witnesses . Mores Case . 6. Jac. R. B. Hughes Abridgement page Averment . 37. part 47. And yet some hold this Averment necessary . Brownl. 1. part 13. Croo. 1. 96. Benloes Rep. 134. Stiles Rep. 296. March . Rep. 1. 18.

So it is said it will lye for this for the Father , Barber and his wife bee false theeves , men cannot have their cattle go upon the Common , but they will kill them and eat them . Barbers Case .

So this Action ( it is said ) will lye for this , A. hath halfe my goods , and shall be hanged for it . 8. Jac. B. R. Long & Kings Case . Sed Quere of this . For it is said , it will not lye for this ; I had Fourty Pounds worth of Plate , and A. hath it , and will bee hanged for it . Trin. 12. Jac. Kings Case .

So it will lye for this , Hee is not fit to be a Constable , for hee and his Incertainty in the person slandered ▪ company , the last time hee was Constable , stole five of my Swine , and eat them : But it will lye only for him that is the Constable , and not for any others . Croo. 1. last publisht 861.

So it is said , it will lye against a husband and wife , for these words By improper words . Sect. 4. spoken by the wife , Mr. Plunket did Steal my Plate out of my chamber . And yet in propriety of spéech , it was not hers but her husbands Plate . Croo. 1. 38. and 2. 60.

So for this said by a wife , Thou art a theevish Quean , for thou hast stolen my Faggots , Innuendo five Faggots of the defendants husbands . Croo. 1. 88. and 2. 60. So for this spoken by the wife of another , Thou hast stoln my two Cocks . Mich. 9. Jac. B. R. See Croo. 1. part last publisht 279. Charnels Case . B. R.

It is said that this Action will lye for this said to a Father ; I will take Certainty and Incertainty of the person slandered , Averment . my oath that your Son stole my Hens ? So it bée with this Averment in the Declaration , that the Plaintiff is his Son , and that hée hath no other son , or that the words were intended of him that brings the Action by some other words spoken at the same time . Mich. 15. Car. B. R. Stiles Rep. 46. So for saying of J. S. That hee was one of those that Robbed J. S. Goldsb . 85.

So for saying to the Son , Thy Father is a Theef , and hath stolen more Averment . goods then I am worth ; this will lye for the Father , and that without Averment of what hée is worth that spake the words . Bulstr. 2. part 141. Painters Case . Mich. 11. Jac. B. R.

So it is said , it will lye for a Boy that is present for these words said of him , This Boy is a Theef . Brownl . 1. part 2.

So if two be talking together of John Syms , and William Syms , and one of them saith , These Symses are Theeves , otherwise it is if hée say , The Symses are Theeves . In Haghes Rep. 39.

This Action ( it is said ) will lye for the Father , where these words are said to the Son , Thy Father hath stoln such goods . So it will lye for a Husband , where these words are said to the Wife , Thy Husband hath stoln Averment . such goods ; and that without any Averment at all . But in Cases where it is said to a Father of a Son in general , no Action will lye for a Son , without some special Averment , that hée hath no other son , or that the son that brings the Action was intended in the words . Croo. 1. 127. and 2. 443.

It is said , it will lye for this , I have a Son in A. who had his Chest picked , and a hundred pound taken out of it in the house of one B. and I think I have found the Theef , who it is ; it is one that dwelleth in the next house , called Robert Kingston ; If there be such a man there , hée may perhaps Averment . have this Action , but then hée must averr that hée doth dwell in the next house . Pasche , 7. Jac. B. R.

So it is said , it will lye for these words , Pritchards man hath robbed Averment . mee . But then the Plaintiff must in his Action insert this Averment , that hée was Pritchards man , and that hée had no man but him , or that the conference was about him , &c.

But it will not lye for this , said of any one without any precedent Communication Incertainty of the person . of any person incertain , One that is mine Adversary is a Theef . Nor for this , One that is neer about J. S. is a theef . For the incertainty of the person standered . Coo. 4. 17. Hobb . Rep. 375. pl. 35. Nor for this , One of the Servants of J. S. is a theef , if hée have more servants than one . Hobb . Rep. 351. 371. Coo. 4. 17. Croo. 1. 127. Brownl. 1. part 1. 7. 9. 10. 13. Certainty and incertainty in the matter of the Slander . Innuendo . Sect. 5.

It will not lye for these words , You have committed Burglary in breaking of his house [ Innuendo the house of one Bennet ] and stealing his goods ; For this may be but trespasse . And it is not said , whose house hée brake , but by the Innuendo , which is not sufficient to make it certain . Croo. 1. part last publisht . 889.

Nor for this , Hee is as arrant a Theef as any in England , and broke up the chest of J. S. and took away forty pound out of it . Huttons Rep. 72. Yelverton 90. Croo. 2. 687. Foster and Browning .

Nor for this , Thou art drunk , and I never held up my hand at the Bar , as thou hast done . Nor for this , Thou wast arraigned for Felony &c. Nor for this , Thou didst hold up thy hand for Felony . Nor for this , Thou wast in the Gaol at G. for robbing , &c. Nor for this , Thou didst take away my mony . Nor for this , Thou didst beat mee , and take away my mony . Nor for this , Thou didst take away my mony with a strong hand . Bulstr . 1. part 112. March . Rep. pl. 91. Nor for this , Thou didst take away my purse , and twenty shillings in it . Hobb . Rep. Lynes Case . 268. Nor for this , I have an Action against J. S. who hath stoln by the high way side . Benizens Case . 37. Eliz. B. R. Quere of this . Yet see Hobb . Rep. pl. 382. a Case somewhat like to it . Nor for this , Thou Cut-purse . art a cut-purse ; for so every Glover is . Godb. Rep. 181. Trin. 17. Jac. B. R. Croo. 2. 536. Bulstr. 1. part 147. Pophams Rep , 180. Buls Case .

Nor for this , A. was robbed of forty pound , and a hundred marks-worth of Plate , and B. and C. had it , and for that , by God , they will bee Hee will bee hanged . hanged for it . for it may be they did not steal it , but came lawfully by it ; And the latter words , they will be hanged for it , are not actionable . Croo. 2. 302. 331. Bulstr. 1. part 147. Jenk . Cent. 8. Case 92. Bulstr. 1. part 147.

Nor for this , A. hath received again his peeces of cloth , and beareth with the Theef ; Innuendo quendam malefactorem ignotum . Noys Rep. 57.

Nor for this , A. hath broken my shop , and taken away my goods . 29. Eliz. George against Parker . In Noys Rep. 57.

Nor for this , Thou art as bad as thy Wife , when she stole my Cushion , Averment . without some Averment , that there was such a Felony committed . Croo. 2. 331. Goldsb . Rep. 242.

Nor for this , J. S. deserves to be hanged . Nor for this , J. S. deserves Hee deserves to be hanged . hanging . Nor for this , It is in my power to hang thee . M. 4. Jac. B. R. Pasche . 38. Eliz. Hollands Case . 10. Jac. B. R. Pridhams Case . Trin. 16. I can hang thee . Car. 1. B. R.

Nor for this , Thy brother was whipt about Taunton Cross for stealing of sheep , or , burned in the hand , or shoulder . Croo. 1. 106. Mich , 8. Car. 1. B. R. Hills Case . And yet these words import something done , by which the party of whom they are spoken had deserved hanging , &c.

Nor for this , He hath stoln a Mare , or , J. S. is forsworn . Pasche . 17 Jac. B. R. Barhams Case . And albeit hée averr that J. S. did never swear any Incertainty . such thing , yet it will not lye . Croo. 2. 530.

Nor for this , Thou hast stoln , without more words ; And yet if hée say , Thou hast stoln , for which thou wilt be hanged ; these words are dangerous . Bulstr. 3. 266.

Nor for this , Thou art a breaker of houses . Mich. 9. Jac. Slaughters Breaker of Houses . Case .

Nor for this , Thou didst steal my Peece [ Innuendo , a Gun ] and I do charge thee with Felony ; for the word is incertain , and the Innuendo cannot Innuendo . ascertain it . Bendloes Rep. 126. Wheeler against Appleton .

Nor for this , Thou usest mee now , as thy Wife did when she stole my Cushions . Goldsb . Rep. 242. Croo. 2. 331. Quere if it lye not for the Wife upon these words , When shee stole my Cushions .

Nor for this , Thou hast stoln my Mare , or consentedst to the stealing of her . In the Disjunctive . Croo. 1. last publisht . 780.

Nor for this , Thou didst bear away my goods . Hobb . Rep. 236. Nor for this , Hee bore away mony . Hobb . Rep. 268. Nor for this , Thou didst take my mony from mee . Nor for this , Thou hast theevishly taken my mony out of my purse . Nor for this , Thou hast theevishly taken such goods . Croo. 2. 81. Yelvertons Rep. 82. Nor for this , J. S. was robbed of twenty pound . and A. had it , and will be hanged for it , by two Judges , Pasche . 9. Jac. Foord . versus King .

Nor for this , He is a Rogue , or a Theef , or some such like thing ; for this is altogether incertain .

It is said , that this Action will not lye for this , said of a Jaylor , He hath let forth prisoners out of the Gaol , and had his part and shares with them ; and by that means hee came to his goods . He had not a sheet on his bed before he let them out of the Goal , to steal them . Croo. 1. last publisht . 783.

This Action is said to lye also for the words in the following Cases , viz. Attempt of indeavour of Theft . Sect. 6. for saying J. S. and W. S. knowing that A. did carry mony , did lye in wait to rob him , and set upon him , but he raising the Country , they did fly a-away , and J. S. lost his horse , and they both were driven to ride away with one horse . Croo. 1. 99. In Huttons Rep. 58.

So for this , He set upon mee to rob mee in the high way , and had done it , had not my horse the better escaped with mee . In Bulstr . 2. part 206.

So for this , Hee lay in wait to assault J. S. with an intent to rob him . Mich. 4. Jac. B. R. Lanes Rep. 98. Finches Law . 186. So for this , Hee say in the High-way to rob me . In Lanes Rep. 98. Yelvertons Rep. 90.

So for this , Thou layest in wait to rob me . Croo. 1. part last publisht , 888. Pasche . 5. Jac. B. R. 191. of Croo. 1. part last publisht .

So for this , A. is a false Knave , and was at my house the Sessions day at night , and would have robbed me , and did break my doors , and put me in jeopardy of my life . In Bulstr . 3. 200. Dyer 26.

And yet it is said it will not lye for this , Thou hast stoln by the High-way side . Goldsb . Rep. 143.

So it will lye ( as it is said ) for this , Thou hast hired one to rob me . Hill . 13. Jac. B. R. Bulstr. 3. 167. So for this , Thou hast been a setter of Theeves to rob me ; and yet the contrary is affirmed .

And it is said by some that this Action will not lye for this , He would have robbed me ; nor for this , Thou hast hired one to rob me ; nor for this , Thou art a setter of Theeves to rob me ; nor for this , Thou keepest men to rob me ; nor for this , Thou keepest men with intent to rob me ; nor for this , Thou keepest men which doe rob me , or which have robbed me . Hill 13. Jac. B. R. But see the first Section of this Chapter , how the Law is in these things .

So for this , That nine persons did set upon me to rob me , and I. S. was one of them . Croo. 1. 99. Coo. 4. 16. Eatons Case .

An Action was brought for this , Bring me to the Constables house , for I am robbed this night , and bring me to the house of A. Bond to Arrest him , for old Bond doth set his Sons to rob me . Innuendo C. and D. ] from time to time ; In this Case it was adjudged that old Bond can have Innuendo . no Action for these words , and that an Innuendo cannot acertain it . Croo. 1. last publisht . 618.

It is said that this Action will lye for these words , A. doth , or will prepare to rob me . Mich. 14. Jac. Sydnham against May. But it is said that Inclination or purpose only , no Act done . it will not lye for this , Thou wouldst have taken my Purse from me on the High-way . Godb. Rep. 202. Nor for this , He had a mind to rob me , Bulstr . 2. part 206.

Nor will it lye for such words as these , He is a theevish fellow , sée more of this , Chap. 7. Sect. 3. or , Thou art a Theevish Knave ; Or , Hee is Adjective words . a theevish Rogue ; or , He is a Roguish Knave . For these Adjective words import only an inclination to doe something , but nothing done . Nor will it lye for this , Thou art a theevish Whore . Coo. 4. 16 , 19. Bulstr. 1. part 134. 138. Croo. 2. 514. And yet it will lye for this , Thou art a cunning thief . Bulstr . 2. 146.

It is said this Action will lye for this , You are a Thief , for you have stoln a bushel of my Apples on the ground . Bulstr . 1. part 163. So , Thou art a Thief , for thou hast stoln a bushel of my Apples out of my loft , or , About stealing of Apples . Sect. 7. [ out of my Cock-loft . So for this , Thou hast stoln the Apples out of my loft . Hobb . pl. 253.

But this Action will not lye for these words , Thou art a Thief , for thou hast stoln my Apples out of my Orchard . Nor for this , Thou art a thief , and that will be proved , by stealing my Apples in my Orchard . Bulstr . 1. part 163. Mich. 43. 44. Eliz. Co. B. Dobbins and Franklin . Coo. 4. 19. yet see the Cases following for this .

Nor for this , Thou hast stoln my Apples out of my Orchard . Bulstr . 1. part 163. Nor for this , Thou art a thief , for thou hast robbed my Orchard , or , for thou hast stoln my Apples out of my Orchard . Huttons Rep. 65.

Nor for this ( as some judgements are ) Thou art a Theef , and thou hast Stoln my Apples out of my Orchard , or from my Trees in my Orchard , Hobb . Rep. pl. 98. 106. 404. Nor for this , Hee is a Theef , and it will be proved by Stealing of my Apples out of my Orchard . Coo. 4. 19. Hobb . Rep. 97. 406. 381. See afterwards .

But other judgements are ; that these words are Actionable where the words are coupled together by the word And , after Théef . See them after , differing opinions about this , and Bulstr . 2. part 142. Hobb . Rep. 106. Coo. 4. 17.

But it is said it will not lye for this , Thou hast Stoln Apples out of my Orchard , and art a Theef , for this is like the Case . Coo. 4. 15. Thou didst kill thy wife , and art a Traytor .

Nor for this , Thou hast robbed my Orchard of my Apples , and wilt bee hanged for this . Bulstr . 3. part 267. About Stealing of Trees , Wood , and Timber .

It is said by some that this Action will lye for these words , Thou art a Theef , and hast Stoln my Trees ; Or [ And thou hast Stoln my Trees . ] Or [ And thou hast Stoln Mr. Georges Trees . ] Or [ And thou hast Stoln my Apple Trees . ] Brownl . 2. Cowl and Gilberts Case . Co. B. Hill . 3. Jac. B. R. Minors Case . Or [ And thou hast Stoln the Apple Trees out of my Orchard ] Croo. 2. 114. 7. Jac. B. R. Hobb . Rep. 77. Brownl . 2. Brown and Gilberts Case . But there are other judgments , that it will not lye for these words . Goldsb . and Brownl . 2. Hobb . Rep 98. 404. Godb. 335. Benloes . 137.

It is agréed by all that it will not lye for these words , Thou art a Theef , Differing opinions and judgements about this . for thou hast Stoln my Trees , or Mr. Georges Trees , &c. Croo. 2. 114. Hobb . Rep. pl. 19. 97. 106. 381. 406. 473.

And for the difference between [ And ] and For ] and the Judgements that are contrary one to another about this . See Hobb . pl. 98. 191. 404. 106. 476. Godb. pl. 335. Bendloes 137. Coot . and Gilbert . Co. B. Coo. 4. 19. Hobb . Rep. 406. 381. Winch , Rep. 10. 113. Marsh . 211 , 280. Bulstr. 1. 143. Croo. 2. part 39. 114. Yelverton 10. 34. Croo. 231. Noys Rep. 135. Hobb . Rep. 77. Brownl . 2. Godb. 335.

This Action will lye for this , Thou hast Stolne two armfulls of my wood , Bulstr , 2. part 82. and 1. 163.

So for this , Thou art a Theef , and hast feloniously taken my wood . Pasche . 38. Eliz. B. R.

So for this , Thou hast Feloniously Stoln my wood . Croo. 1. part last publisht . 471.

So for this , Thou hast Stoln my wood . Croo. 2. part 166. 138. Hobb . Rep. pl. 258. Loes Case . Bulstr. 1. part. 81. 2. part 81. Stiles Rep. 25.

So for this , Thou hast Stoln my wood , and I shall charge thee with Felony . Pasche . 38. Eliz. Co. B. Stiles 25.

So for this , Thou hast Stoln my wood out of my Baxton . Popham . Rep. 129. Brownl . Rep. 2. Coo. 4. 19. Marsh . Rep. pl. 248.

So for this , Hee hath Stoln a tree formerly cut down , which is Felony , and I will cause him to bee indited for it . Croo. 1. 413.

So for this , Hee is a Theef , and Stole my timber . Huttons Rep. 38. And yet some will not agrée to this , but I know not the reasons of their doubt .

So for this , Thou hast Stoln as much wood and timber out of thy Landlords ground , as is worth Twenty Pound . Yelvertons Rep. 152.

And yet it is doubted whether it will lye for this , A. did Steal my wood , and I will send him to Bridewel . Because of the last words . Stiles Rep. 25.

But it is said the Action will not lye for this ; Thou hast Stoln my Trees [ or my Tree ] or [ a Tree ] Stiles Rep. 9. Hobb . Rep. pl. 77. Brownl. 2.

And yet some oppose this , Bulstr. 3. 267. Croo. 2. 136. Bulstr. 2 81. Howbeit it séems to bée clear , that no Action will lye for these words .

Nor will it lye for this , Thou hast Stoln my Wood growing in my Coppice . Nor for this , Thou hast Stoln an Acre of my Wood. Nor for this , Hee came in my Wood , and cut down ten load , and Stole it away .

It is said to bée Actionable to say of one , Hee hath Stoln a load of hop-poles , Croo. 1. last publisht . 225.

This Action will lye also for this , Thou art a Theef , for thou hast Stoln About Corn. my sheaf of corn . Bulstr . Rep. 1 part 163.

So for this , Thou art a Theef , for thou hast Stoln my corn out of my barn . Sect. 8. Stiles Rep. 135.

So for this , Thou hast Stoln my corn , and made mee no satisfaction Huttons Rep. 64 , Winches . Rep. 6.

So for this ; Thou art a Theef , and hast Stoln my corn . Croo. 2. 39. 424. Winch. 6. 10. Bulstr. 1. part . 81. Stiles Rep. 24. 73. Yet see Huttons Rep. 38. Hobb . Rep. 97. 406. 381. Coo. 4. 19. And yet in some of these also there is some Question . Hobb . Rep. 38.

So it will lye for this , Thou hast Stoln the corn , or [ my corn ] out of my barn . Hobb . pl. 258. Popham 129. Brownl . Rep. 2. So for this , Thou hast Stoln my corn and carried it to Market , Croo. 2. 422.

So for this , Thou art a false knave , and didst Steal my corn . Harris Case . Quere of this .

So for this , Thou art a Corn Stealer . Croo. 1. part last publisht 563. 39. Eliz. Cookes Case B. R.

So for this , J. S. hath Stoln so many loads , or [ so many bushels ] of my corn . Owens Rep. 57.

But it is doubted whether it will lye for this , Thou hast Stoln as much corn out of my fields as is worth , Nine or Ten Shillings . Croo. 2. 457.

Some question also is made of this , whether it will lye for saying , Hee hath Stoln my corn , or Stoln away my corn . Trin. 37. Eliz.

It is said , that it will not lye for this , Thou art a Theef , and hast Stoln my corn in the field . Winch. Rep. 6. Stiles Rep. 66. Croo : 2. 204. Nor for this , Thou art a Theef , and Stolest the corn out of my field . Winch. Rep. 6. Hobb . Rep. pl. 97. 106. 406. 473. And yet some judgements and resolutions séem to bée against these Cases . Nor will it lye for this , Thou art a Theef , for thou hast Stoln half an Acre of my corn , nor will an Innuendo corn severed , Innuendo . alter the Case , and make the words Actionable , Croo. 1. part last publisht 428. Owens Rep. 57. Hobb . pl. 97. 106. 406. 473.

It is said this Action will lye for this , Thou hast Stoln my Furzes out of About Furzes . my Barton . Hobb . Rep. 258. So for this , Thou art a Theef , and hast Stolen my Furze . Popham . 152.

But it will not lye for this , Thou art a Theef , and hast Stoln Ten Cart load of my Furzes ; unlesse hée say out of my Yard , for otherwise it shall bée intended Furzes growing , Huttons Rep. 113. 13. Hobb . Rep. pl. 97 , 165. 406. 476.

It is said , it will lye for this , Thou art a Theef and hast Stoln a About Fatches . bundle of Fatches . Huttons Rep. 65.

It is said , that it will lye for this , Thou hast Stoln Hay from Mr. Bells About Hay & Grass . Racks . Popham . 129. Yet see Winch. 6.

So for this , Hee is a Theef , and hath Stoln my Grass . Stiles Rep. 231.

It is said it will lye for this , Hee is a Theef , and hath Stoln my Hops : About Hops . But this is denyed by some Iudges to bée Law . Huttons Rep. 38. But it is said that it will not lye for this , Thou art a Theef , for thou hast robbed my Hop-ground . Coo. 4. 17. Nor for this , Thou art a Theef , and it will be proved by the robbing of my Hop-ground . Coo. 4. 17. 19.

It is said it will lye for this , He is a Thief , and hath stoln my Turnips . About Turnips . Stiles Rep. 231.

It will not lye for this , Thou art a theevish Rogue , and hast stoln About barres of Iron out of Windows . barres of Iron out of other mens windows ; and yet if he shall say , Thou didst steal barres of Iron out of such a mans house , these words may bee more questionable .

Nor will this Action lye for this , He hath stoln forty pound of Lead About Lead from a house . from the house of I. S. [ or of the house of I. S. ] if the words were out of the house of I. S. it may be this may alter the Case . So to say , He hath stoln ten pound of Lead , it séems this is actionable . Brownl. 2 part 84.

It is said it will not lye for saying , He hath stoln the tile off my house . About the tile off a house . So likewise it is said it will not lye for saying , He hath stoln my Tiles . sed quere of this last Case , yet sée Stiles Rep. 231.

Now out of all these Cases , about slanderous words , for stealing of Sect. 9. Corn , Apples , Wood , Trées , Tile , Lead , and the like ; some of which things as the Tile , Timber , barres of Windows and the like , in a house , the Law doth look upon as parcel of the house . And others , as Trées , Corn , Grasse , Turnips , Fatches , and the like , growing upon the ground , Apples , Hops , and the like fruit of Trees , the Law doth look upon as incident to , and parcel of the thing wherein they are , and whereon they grow , until they be severed , and till then no Felony can be committed by the taking of any such thing away ; and therefore the Report of the doing of such a thing is Felony . not so dangerous ; but in many of the Cases it cannot but bee observed , there is ( at least séemingly ) much contradiction , the summe of all being put together , séemes to be thus much . That it is agréed on all sides , that if the charge in the words be of such a Theft , as if true , may bring a man in peril of his life , or member of his body , as where it doth charge him with the stealing of any of these things severed from that to which it is annexed , the words will be actionable .

So likewise where the charge is thus , Thou art a Thief [ For ] Or , [ And ] thou hast stoln Corn out of my Barn , or the like , that for these , and such like words as these , the words wil be actionable .

So likewise where the charge is thus , Thou art a Thief , for thou hast stoln my Apples out of my Orchard , or stoln my Trees off my ground , or the like , the words will not be actionable ; for a man cannot be in danger of life , or member , by the taking away of these things , for it is no Felony to cut and take away standing Corn out of the Field , Apples from the Trées in an Orchard , nor to cut and take away standing Trées , Wood , Furzes , and the like ; or to take away the barres or Irons of a Window , Tiles from off the house , and the like , and therefore the charge of taking them away is no charge of Felony , or other great Crime .

But where the words of the Slander are thus . Thou art a Thief , and Words of qualification . hast stoln my Apples out of my Orchard , or the like , upon this Case the Iudges have béen divided in their opinions , some of them maintaining that the words subsequent to the actionable words may bee qualified by the word [ And ] as well as by the the word [ For ] others maintaining that the word [ For ] only , will enure , and work to explaine and qualifie ; and that when the words are brought in by [ And ] they are , and shall bée cumulative , and an additional slander ; as , Thou art a Thief , and hast stoln my Apples out of my Orchard , or the like , that in such Cases the Action shall lye for the word thief alone , and not be taken away by the subsequent words , as in case where the words be , Thou art a Thief , for thou hast stoln my Apples out of my Orchard . But that it shall be alike in both Cases .

Some of the Iudges also have put a difference betwéen words of qualification uttered at the same time with other words , and words of qualification , delivered at another time ; as where one shall say , I. S. is a Thief , and a stander by say to him , Take heed what you say , and then he say , Is not he a Thief that hath stoln my Apples out of my Orchard ? some think in this Case that the words doe not qualifie , others think that they have as much force herein as if they had béen spoken together at the same time . It behoves men therefore in these Cases , that have néed to know the Law , to take good advice herein .

It hath béen agréed that this Action will lye for these words , Thou maintainest theeves to steal my goods , Croo. 2. 629. So for this , Thou About the receipt , keeping , and concealment of Felons , and goods stoln . maintainest Pirates to rob upon the Seas . Sée Croo. 2. 629. So it is said to be adjudged to lye for this , Hee is a maintainer of Felons , albeit hée doth not say , that he knew them to be Felons , or , that he was a Justice of Peace . Sir Henry Leas Case , cited in Croo. 2. 268.

Some Reports have béen , of judgements in Cases for these , and such like Charge of a man , as an accessary to a Felony . Sect. 10. words as these , Thou receivest theeves , thou keepest theeves , thou keepest theeves about thee , thou keepest theeves in thy house , thou maintainest theeves in thy house . Let me say it with reverence , I cannot receive them as Law , nor sée reason for them : for such kinds of spéeches have not an import of any foul aspersion , they are ambiguous , why and how a man doth receive and kéep such men about him , he may by occasion of businesse , relation , or other obligation , have cause to kéep such men about him , possibly he may not know them to be such ; or if he doe , it is not against any Law to receive théeves , or stoln goods , unlesse it bee so as to countenance or cover the offence . or kéep the offender from punishment ; nor is any man bound by the Law to discover any such offender ( except he be a Traitor ) but at his pleasure , for a man may doubtlesse , in many Cases , knowingly receive a thief , or the goods stoln by a thief , and justifie it by Law ; and therefore in 42 Eliz. in the Exchequer Chamber , a Iudgement upon a Writ of Error was reversed , in the Case of Ball and Bridges ; and it was therein agréed by all the Iustices and Barons , That this Action shall not lye for these words , He is a maintainer of theeves , and keepeth none but theeves in his house , and I will prove it , &c. for one may Harbour or keep Traitors . have and maintaine théeves in his house , and not know them to bee such , and this is no offence . But there the Iudges did séeme to agrée all of them in this , that if the words be thus , That he did maintaine , and keep such in his house , knowing them to be such , that this would be Actionable . Croo. 1. last publisht . 746. 888. and it is reported by Goldsb . 48. That in Easter Tearm , 29 Eliz. Co. B.

It was there agreed by the Iudges , that this Action was maintainable for these words , Thou dost maintaine traytors , or , thou dost maintaine theeves , see chap. 6. sect. 1 , 2. But that no Action will lye for saying , Thou dost keep theeves . And that it hath béen agréed not to lye for this , He is a receiver of theeves , Mich. 40. 41 Eliz. Co. B. Nor for this , He kept men that did rob upon the High-way . Hobb . Rep. Nor for this , Thou keepest thieves , without saying , or knowing them to be such . Goldsb . pl. 7. Nor for this , Hee hath theeves in his house . Croo. 2. 331. Nor for this , Thou keepest none but theeves [ or , Cut-purses ] in thy house , and hast their goods . Mich. 17. Jac. B. R. Nor for this , Thou keepest men to rob on the High-way . Nor for this , Thou keepest men that rob me , for all this may be unawares to him . Croo. 1. last publisht . 188.

It is said , it will not lye for this , of a man that had lost cloth stoln by unknown persons . A. hath received again his peeces of cloth , and beareth with the theef [ Innuendo quendam malefactorem ignotum . Hall versus Hemsy . Trin. 38. Eliz. Noys Rep. 57. Nor for this , Hee hath three parcels of his cloth again of the theef that did steal it from him , and if I receive any hurt henceforth , I will charge him with it . Goldsb . Rep. 119.

Nor for this , A. keepeth men to rob mee ; albeit hée hath béen robbed by his men . But if hée say , Hee keepeth men to that intent to rob mee , and I was robbed by them ; these words would be dangerous . Sir Harbert Croft against Brown . Pasche . 14. Jac. Bulstr. 3. part 167.

Nor for this , A. and his servants went about to rob mee , and hee did maintain them . But if hée say , that hée kept them to that intent , and that any thing was done , the words would be dangerous . Sir John Harpers Case . Bulstr . 3. 167.

This Action will lye for this , Thou hast hoistred Theeves , and stoln goods , and the theeves and goods were found in your house , and the theeves were had before such Justices , and committed by them to prison , and were hanged ; and if the Justice had not been your friend , it had been hard with you . Bulstr . 2. part 109.

So for these words , spoken by a servant , whose Master had lost goods , thou art a maintainer of theeves to steal my Masters goods . Croo. 2. 629.

It will not lye for a Son for these words , A. hath stoln a horse , and his Son is consenting to it . Trin. 14. Jac. Lewkners Case .

Nor for this , I was robbed , and A. received part of the goods stoln , and I could hang him for it . Pasche . 7. Jac. Newlins Case .

Nor for this , Thou art a favourer of theeves . Dyer . 75.

Nor for this , Thou didst consent to the stealing of my Mare . Croo. 1. last publisht . 780.

Nor for this , Thou art a companion of theeves . Croo. 1. last publisht . 554.

Nor for this , Thou didst , and dost receive theef-stoln goods , witness a Feather-bed tick in thy house , and the cloth which thy mans Sute was made of , and thou knewest they were stoln . Stiles Rep. 91.

Nor for this , Thou art an arrant Knave , thou hast bought stoln Swine , and a stoln Cow , knowing them to be stoln . Yelverton . Rep. 5.

Nor for this , You have taken stoln goods , knowing them to be stoln . Yelverton . 5.

But it is thought it may lye for this , A. stole a Mare , and thou B. knowing of the same , conveyedst her into the Fens to my Brother B. his house . And it may lye for A. and B. both . Goldsb . Rep. 132. Cut-purse .

And yet it is said , it will not lye for this , Thy Boy [ Innuendo Ambrose Latham , the Plaintiffs wives Son ) hath cut my purse , and thou hast received it , I charge thee with Felony . knowing it , and hast the Rings and Mony that were therein in thy hand ; therefore I charge thee with Felony . Croo. 1. last publisht . 890.

Nor will it lye for saying , Thou art a Knave , and hast received stoln goods , and thou knewest they were stoln . For all this , though it be true , is not Felony , unless it be a Receipt to maintain the Felon , and a man may in divers cases receive such goods lawfully . Croo. 1. part last publisht . 888.

So for this , I was robbed , and you were privy thereunto , and had part of the mony . So it is said , it will lye for this , Thou hast been a setter of Theeves to rob mee . Hill . 3. Jac. B. R.

So where there is talk between two of A. and B. and one of them that Sect. 11. are talking together , say , A. hath stoln away such goods , and B. was privy and consenting thereunto ; in this case A. and B. both are slandered , and may have either of them this Action . Mot and his Wife against Butler . Mich. 7. Car. 1. B. R. Croo. 1. 171. So it is said , this Action will lye for this , I was robbed , and A. B. was privy to it , and had part of the mony . Godb. Rep. 138. pl. 32. 38. Eliz. Redfords Case .

So it is said , it will lye for this , Thou hast houstred [ or received ] goods that were stoln , knowing them to be stoln . But it séems these words are not actionable , except it be added , Ex scientia ; And that the Action will not lye for saying of a man , Hee received stoln goods , for hée may justifie that in some cases . And if the Receipt be such as is not Felony , the Defendant is to set it forth for the clearing of himself . Mich. 17. Car. 1. B. R. Haws Case . Croo. 2. 331. Bulstr. 3. 167. Goldsb . pl. 7. But it will not lye for this , A. hath received three peeces of his cloth again of the theef , and beareth with the theef ; and if I have any hurt hereafter , I will charge him with it . Croo. 1. part last publisht . 487.

So for this , Thou art a concealer of Felons , and hast shewed such favour Concealment of felons and goods stoln . to a horse-stealer , that hee and the horse is conveyed away , and it is in my power to hang thee . Rewdam versus Tooker Pasche . 7. Jac. B. R.

So for this , if one say , A. is a Felon , and a stander by , saith , Take héed what you say , And then hée saith , Why , is not hee a felon , that knew of the stealing of a horse , and did not reveal it till long after , that it was openly known ? Yelvertons Rep. 154.

So also ( as it séems ) for this only , Thou art a concealer of Felonies . Pendants Case . Bulstr . 1. part 48.

So for this , it is said it will lye , You have bought a Roan stoln horse , knowing him to be stoln . Godb. Rep. 212. 157. Briggs Case .

And it will lye for these words , Hee is a smotherer and maintainer of Felonies , especially when they be spoken of a Magistrate . Croo. 2. 268.

But it will not lye for this , A. hath picked five shillings out of the pocket of B. and her husband was consenting to it . Dromants Case . Yelverton . Pick-pocket . 136.

It is said , it will lye for this , A. is a theef , for he hath stoln a Lamb from B. and Geese from C. and killed them in my ground . So for this , Hee is a theef , for hee hath stoln a Lamb from A. and killed it in my ground . Hill . 3. Jac. B. R.

So it is thought it may lye for this , Thou hast taken my mony , and I will carry thee before a Justice of Peace , and lay felony to thy charge , in Godb. Rep. 202.

It is said , it will lye for this , Hee hath no sheets in his house , but what Averment . were stoln for him . But not without this Averment , that hée hath shéets in his house . Bulstr. 1. part 141. Sed Quere of this .

So for this , it will lye , Hee stole a Mare , and was in Gaol for it . Hobb . Rep. pl. 196.

So for this , Thou hast stoln horses in London . So for this , thou hast Averment . stoln as many horses , as I have fingers and toes . And in these cases there néeds no Averment , that horses were stoln in London , or how many fingers and toes hée had .

So it is said , to lye for this , Hee is a cunning Knave , and acquainted with more cut-purses , than any man in Northamptonshire , and there is not a purse cut within twenty miles of him , but hee hath his part of it . Cut-purse . Bulstr. 1. part 147 , 36. 37. Eliz. Buts Case . But in this case it séems there must be an Averment , that there be cut-purses there , otherwise it Averment . will not lye . Popham . Rep. 180. Huttons Rep. 58.

This Action will lye for words spoken thus , You are no Theef , are The manner of the words spoken . Sect. 12. By way of Interrogation . you ? spoken by way of Irony . Apletons Case . B. R. Pasche . 15. Car. 1. Hill 4. Jac. Lady Morrisons Case . See March . Rep. pl. 18. So for this , What J. S. that Theef ? Nelsons Case . Pasche . 15. Jac. B R. Hardwicks Case . 40. Eliz. Co. B.

So for this , I will justifie that Barns is a Theef . Trin. 9. Jac. B. R. So for this , Have you brought my Horse you have Stoln . Maines Case . Trin. 9. By way of Interrogation . Jac B. R.

So for this , Hast thou been at London , to change the mony thou didst Steal from mee . Croo. 2. 569. So for this , Did you not hear that A. B. By way of Opinion . is guilty of Theft . Coo. 12. 134.

So for this , I verily think him to bee a Horse Stealer , albeit hée say not hée is one . In Goldsb . Rep. 186.

So for this , Go follow suit against Willimore [ Innuendo the Plaintiff ] for Stealing the two Kine ; and hang him , or I will hang thee , for this is as much as to say , hee Stole them . Croo. 1. last publisht 904.

So for this , Hee did better than many an honester man did , for there is Opinion . many an honester and truer man hanged . And there was a robbery committed , whereof I think him to bee one ; and I verily think him to bee a Horse-Stealer , Albeit hée do not say , Hee was one of the robbers . Goldsb . Rep. 186. Owens Rep. 18. Wisdomes Case .

So for this , Thou Mutton-munger Theef , bring home my Stoln Hay . Mutton-munger-theef . In Stiles Rep. 70.

So for this , Hee is infected of the Robbery lately committed , and doth smell of the Robbery . Dyer . 317. 72. Godb. Rep. 91.

So for this , If thou hadst had thy right , thou hadst been hanged for breaking of Patches House . Brownl . Rep. 3. Harris Case . 2. part 280. So for this , If my Lord had done him right , hee had been hanged . 43 , 44. Eliz. Royal and vertues . Bulstr . 3. 360.

So for this , I doubt not , but within two daies to Arrest J. S. for suspition of Felony . Coo. 4. 15.

It is said this Action will lye for the words in the Cases following , viz I will prove that thou hast stoln , &c. I will prove that J. S. hath Stoln my Books . So for this , I will bring him before a Justice of Peace , for I will prove that hee hath Stoln my Books . And yet it is said the words , I will bring him before a Justice of Peace , alone are not Actionable . Pasch 15. Car. B. R. See in March . pl. 44.

So for this , I will prove thee a Theef , and a plotter of theeverie , and I will prove it by thine own Son , or I will send him to the Devil . Croo. 2. 214.

So for this , I will justifie that A. B. is accessary to the Burglary for Accessary . which C. D. was hanged . Barns and Hunts Case . Trin. 9. Jac. B. R.

So for this , Take charge of him , and carry him away , for I lay flat Felony I charge thee with Felony , &c. to him . And again afterwards for this , to the plaintiff himself , I will make you hold up your hand at the Bar. Stiles Rep. 235. Yet see Croo. 1. part last publisht 889.

So for this , A. was in Gaol for the Stealing of the Beasts of B. But it is Thou wast in Gaol for stealing , &c. said , it will not lye for these words , A. was in the Gaol for suspition of the Stealing of the Beasts of B Goldsb Rep. 130. Humfrey Parloes Case . Yet see Bulstr . 1. part 40. It was the opinion of most of the Iudges , that it will ly for this , Thou wert in the Gaol for Robbing such a one in the Highway . And it was said to bee adjudged for this , Thou wert in the Gaol for Stealing of a Pan. And yet , See Hobb . Rep. pl. 196. It is said to bee adjudged not to lye for this , Hee is in Warwick Gaol , for Stealing of a Mare and other Beasts Hobb . Rep. 235. pl. 196.

So for this , A. was indicted for the stealing of a Horse at a Sessions Thou wast indicted , &c. for stealing , &c. holden , &c. So for this , Thou wast arraigned at Warwick Assizes for stealing of a Horse , and didst make good friends , or else thou hadst been hanged . So for this , Hee was arraigned for the stealing of twelve Hogs , and had hee not made good friends , it had gone hard with him . So for this , A. was indicted and convicted for the stealing of a Horse , &c. But Averment . in these Cases it séems the Plaintiff must , or it will be safe for him to avert in his Action , that , it is not true which is said , that hée was indicted , &c. for if it be true , the words be not actionable . But in this Case let the Defendant sée to it , hée do not plead not guilty , but justifie the speaking , and the truth of them . Croo. 2. 90. Hobb . Rep. 309. Croo. 1. 195. Bulstrode . 1. part 40. And yet it is said to be agréed , not to lye for this , Thou art a false Knave , and wast arraigned for two Bullocks . Nor for this , Thou wast arraigned for stealing of two Bullocks . Croo. 1. part last publisht . 279. See Brownl. 2. part 273. Huttons Rep. 2. Some oppositions are against some of these Cases . Hobb . pl. 289. 296.

Some Cases there are that say , that this Action will not lye for saying , that A. was indicted at such a Sessions for stealing a horse . Nor for this , Hee was impeached [ or accused ] for stealing of a horse . Nor for this , Hee was arrested , imprisoned , [ or in a Gaol ] or arraigned , or did hold up his hand at the Bar , for stealing of a horse . Hobb . Rep. pl. 289 , 296. Goldsb . 30. Bulstr. 1. part 41 , 34. Eliz. Baylyes Case . Co. B.

But in all these and such like Cases , if the thing said be true that is said , no Action will lye . But the Defendant must not plead not guilty , but justifie the words , or demur to the Declaration , whether the words bée actionable , or not , as his Case is .

So for this , Whosoever is the falsest theef , and strongest in the County Averment . of Salop , whatsoever hee hath stoln , or done , A. is falser than hee . But then it must be averred , that there is some théef or other in the County of Salop , for if it may not appear there is a Felon there , the words are not actionable . Pasche . 1. Jac. B. R. Haselwood and Garrets Case . And yet it is said by some , that it will not lye for this , I can finde in the Parish a falser Knave than B. who was indicted for felony ; And this Knave is J. S. In Haselwoods Case .

So for this , Thou art as very a theef as any in Warwick Goal , with an Averment . Averment , that there is one there . Bulstr. 1. part 40. Yelverton . 90. Popham . 180.

So it is said , it will lye for words thus spoken , Thou art a Theef , and a Words of qualification . stander by saith , Take héed what you say , and then hée saith , I will justifie hee is a theef , for hee stole away my evidences . But had they béen spoken together , uno halitu , it had béen otherwise . But here it shall be taken for an evasion , and so a double slander ; and the last words shall increase the damages . Yelvertons Rep. 154. 155.

It is said that words slanderous about this matter of theft , will bee By way of Report . actionable , though they be uttered after this manner . A. saith that B. is a theef ; Or A. told mee that B. is a theef ; Or a woman told mee that B. is a theef ; Or I have heard A. say , that B. is a Theef ; Or I have heard it said that B. is a theef ; Or B. is a theef , if the report of A. be true ; Or I have heard it spoken , that B. was one of them , that was at the Robbery of A. and that four of the theeves went to his house the next morning .

But in all these and such like cases , the Plaintiff in his declaration must over , that the party mentioned did never say , or report any such thing ; for if Avermen● it be true , hée said it indéed , the defendant may justifie the speaking of them . And if he report it is said by another , and can finde no author but himself , the Action will lye upon him . Croo. 2. 406. Goldsb . 139. pl. 5. See in March . Rep. 8. Croo. 2. 350. Coo. 12. 134. Read against Saul . 40. 41. Eliz. Co. B.

So it is said , it will lye for this , where one man doth charge another Sect. 13. with Felony , and the Constable being present , hée saith to him , I charge you to arrest him for Felony . Croo. 1. 201. Stiles Rep. 235. So for this said to a Constable , Take charge of him , and carry him away , for I do lay flat Felony to him , I will make him to hold up his hand at the Bar. And so for this , There hee is , take him , for I charge him with flat Felony ; and then for saying further , Hee hath taken my Sheep with a felonious intent . Croo. 1. 201. Mich. 23. Car. 1. B. R. Nevils Case . Stiles Rep. 60. 235. And so for this . I do charge thee with the stealing of my horse . Croo. 2. 312.

So it is said , it will lye for this , I have served thee with the Queens Letter , for stealing goods out of my house . Croo. 1. last publisht . 234.

But it is said , it will not lye for this , I fear you will bee charged for I fear , or I doubt , you are a thief , &c. theft . Nor for this , I doubt you will be charged for theft . Nor for this , I fear [ or I doubt ] A. is a theef . Nor for this , I fear [ or I doubt ] you will be arrested for Felony . Hobb . Rep. 381. 286. 350. Croo. 1. 195. Nor for this , I have Articles against you for theft [ or for felony , &c. ] Nor for this , J. S. hath found felony in A. B. and can prove it . Hobb . pl. 3. 395.

Nor ( as it is said ) will it lye for this , A. was charged with a felony , for stealing , &c. Croo. 1. 195. Hobb . Rep. 381.

Nor for this , to go to a Iustice of Peace for a Warrant against A. and there to say to the Iustice , I will charge A. with flat felony for stealing my Hops from my shop . Ram. and Lumleys Case . Huttons Rep. 113. Words uttered by way of opinion , or perswasion .

This Action it is said will lye for these words , I verily think J. S. to be a horse-stealer . Goldsb . 186.

So for this , I dreamed this night that J. S. did steal a horse . See in By way of dream . By way of threat . March . 58.

So for this , I can prove you a theef , and two men will justifie it . Pasch. 5. Jac. B. R.

It is said , it will not lye for these words , I can finde in this Parish a falser Knave than Brisco is , the which Brisco is indicted of felony , and Burglary , and is gone to Stafford Gaol . And that false Knave is A. B. Haselwood against Brisco . Pasche . 1. Jac. B. R.

And finally it is agréed , that to call a man Theef , onely ; will bear an Sect. 14. Action , unlesse the word be coupled with some other words of qualification , to prove the thing to be no Felony , whereof the spéech was intended . Croo. 1. part last publisht . 857.

But this may be qualified by the precedent or subsequent words ; and therefore Words of qualification . it is held , that no Action will lye for calling of one Theef , in the Cases hereafter following , that is to say , Thou art a theef , and hast stoln my Maiden-head . Brownl . 2. Nor for this , thou hast robbed mee , and taken away my evidences , and a subpena . Godb. Rep. 89. Nor for this , thou art a theef , for thou hast couzened my couzen Baldwin of his Land . Huttons Rep. 113. Herbert . against Angel . Mich. 8. Car. 1. Nor for this , thou hast stoln the Lead from off my house , for which thou shalt be hanged . Bulstr . 3. part 265. Nor for this , thou art a theef , for thou hast stoln the Tiles off my house . Bulstr . 3. part 265. Nor for this , thou art a theef , for thou tookest away my Cattel upon an Execution , and I will hang thee . Mich. 7 Jac. Wilks Case . And the greater part of the Iudges séem to be of this opinion , That the words of qualification and explication may be brought in as well by the word And ] as by the word For ] See for And For. this . Bulstr. 2. part. 141. Croo. 2. 39. 114. Hobb . Rep. 98. 106. 404. 476. Godb. Rep. 335. Bendloes Rep. 137 Bulstr. 1. part 143. Yelverton Rep. 24. Winch. Rep. 113. Brownl. 2. part 3.

It is said , that this Action will lye for this , Thou art a Theef , for thou Dung . hast stoln my Dung . Stiles Rep. 68.

And here wée must add to all the Cases before , put of Slanders about matter of Theft , these following Rules .

1 That in many of the Cases , of words not actionable in themselves , if by the speaking of them , any special damage come to him of whom they are spoken by them , there the words may be actionable . Croo. 2. 202.

2 That for all the words herein before mentioned to be actionable in Averment . themselves , and such like , the Action will lye without any Averment of special damage by them , to the party of whom they are spoken . Croo. 1. 101. March . Rep. pl. 2. 93.

3 That these words in this chapter being such as bring a man in danger of his life , they that bring Actions upon them , or any such words , they must take care of these things .

1 The words ( in the Action brought ) must be laid to be spoken by the Defendant .

2 They must be laid to be spoken of the Plaintiff .

3 There must be a certainty in the description of the persons of the Plaintiff and Defendant .

4 All slanderous words of this nature must be ( as other slanderous words are ) under the rest of the general Rules for the Government of all sort of Actions of the Case for words ; malicious , false , certain , &c. For if the words be true , or not true , but no malice appearing in them , too general , of a double intendment , or a doubtful meaning , or not sufficiently positive , or altogether incertain , either as to the persons , or to the thing it self , or under a qualification by the precedent or subsequent words , or import an intent only of doing something , but nothing is done ; no Action may lye upon them .

And so wée have done with Actions of the Case , for words of Slander , that bring a man in danger of his life , And in the next place shall come to Actions for such words as do not bring a man in any danger of his life , but of the losse of a Member , or some other corporal , or pecuniary punishment .

CHAP. XI . Of words of Slander that may bring a man in danger , of other corporal punishment besides death .

Of Petit Larceny .

THere are some words that do not bring a man in danger of his life , but Sect. 1. Petit Larceny what . they do , or may bring him in danger of the losse of his Liberty , or of some other corporal panishment , such as are Petit Larceny , Perjury , Forgery , Incontinency , and the like . And for this , these things are to bée known .

That Petit Larceny is the stealing of a thing under the value of twelve pence , or not above twelve pence . And the punishment appointed by the Law for this offence , is the losse of all a mans goods whatsoever , and also to be whipped , stocked , bound to the good behaviour , or imprisoned at the discretion of the Iudge . If any therefore shall slanderously charge another with this Crime , or any thing like to it , hée may have this Action for his remedy . Therefore this Action will lye for these words , J. S. hath stoln six pence , or J. S. hath stoln a Hen , or a Hen and two Cocks , or any goods whatsoever under the value of twelve pence . Hobb . Rep. pl. 258. 27. H. 8. 22. Brownl . pag. 2.

And the Actions of this nature will be maintainable , without Averment of any special damage by the words . But they are to be subject to the general Rules of Actions of the Case for other slanderous words .

CHAP. XII . Of Perjury .

PErjury is a great offence , and the punishment thereof great , for hée What it is . Sect. 1. that is convict thereof within the Statute , is to forfeit twenty pound , to have six months imprisonment , his testimony is to be invalid ; and if hée cannot pay the twenty pound , hée is to be put in the Pillory , and his ears to be nailed . 5. Eliz. cap. 5.

Therefore it is said , this Action will lye for the speaking of these words , He is perjured . Thou art perjured . Coo. 4. 15. 19. Broo. Action of the Case . 104.

So for this , Thou art a perjured man . 25. Eliz. B. R.

So for this , Thou art a false perjured Knave ; or the like . Broo. Action of the Case . 104.

So for this , Thou wast perjured . Mich. 25. Eliz. B. R. Owens Rep. 62. Croo. 1. 144. 234. Kitch. 173.

So this Action will lye for saying , J. S. is [ or was ] forsworn in such 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 shilli●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 béen held to lye for this , Thou art thrice perjured in thy Answer in Chancery to my Bill . [ Innuendo such a Bill , &c. ] Croo. 1. last publisht . 907.

This generally is the Rule for these Actions of the Case for this kind of Sect ● . Slander , That they must import a charge of a Perjury , in some judicial Court , and in an oath taken in the Court , and in such a Court that hath Conusance of the cause wherein it is taken , and judicially taken there in the cause , and in a thing material and pertinent , otherwise the perjury is not Innuendo . punishable as perjury ; for every untruth , in an answer , or evidence , is not punishable ; and therefore any charge of a Perjury , in any case wherein it is not punishable is not Actionable ; nor will an Innuendo make a supply , or alter the case where the words are defective , as Innuendo a judicial Court , &c. Huttons Rep. 44.

It is said it will not lye for this , He hath forsworn himself at the Bar. Huttons Rep. 44. Nor for this , Thou art forsworn in Collet Court , not shewing what this Court is , and in what Action it was . Croo. 2. 190.

Nor for this , The Plaintiffe hath forsworn himself , Innuendo before the Justices of Assize , for the words not actionable , the Innuendo cannot make them actionable . Croo. 1. part last publisht , 609.

If one call another Whore , and she Sue in the Spiritual Court for this defamation , and the Defendant brings in witnesses to prove it , and to disparage the witnesse , she put in an exception into the Court , That hee had been perjured , this was admitted lawful , Trin. 15. Jac. B. R. Westovers Case against Davenet .

If a Cause be depending between Plaintiffe and Defendant , and the Defendant upon the reading of an Affidavit of the Plaintiffs made in Court , said openly in the Court , There is not a word true in the Affidavit , which I will prove by forty Witnesses ; in this Case the Action will not lye for the words , for it is in the defence of his title , Pasche 15. Car. B. R. Mutton against Clapham ; nor for saying to one that hath newly given evidence against him in any Court , Thou art much forsworn as God is true . Goldsb . and Brownl . 7. March . Rep. pl. 45. Molton against Clapham .

It is said that it will lye for this , Thou art not so honest a man as thou For suborning and procuring of Perjury . takest thy self , for thou hast drawn I. S. into Perjury . Croo. 1. part last publisht . 899. 906.

So for this , He is a suborner of perjury . Croo. 1. part last publisht . 308. So for this , Thou art a procurer of perjury . 25. Eliz. B. R.

So for this , You have caused J. S. to perjure himself . Brownl . 1. part 2. and 2. 49.

So for this , Thou didst suborn , procure , and bring in false Witnesses in such a Court in Westminster , &c. Leonards Rep. 101.

So for this , Thou hast procured eight or ten of thy Neighbours to perjure themselves . Mich. 4. Jac. B. R. Fenner and Muttons Case .

So for this , Thou hast procured [ or suborned ] one Smith to come thirty miles to commit perjury , before my Lord of Winchester , and hast given him ten pound for that purpose . Croo. 2. part 158. Croo. 1. part 244. And yet if the words had such an import that he did not take the Oath when he came , it may be otherwise , Croo. 2. part 158.

So for this , Thou hast given A. ten pound for forswearing himself in Chancery , and thou hast hired him to forge a Deed. Croo. 2. part 244 , 245.

Parson Prits Case in Suffolk was this , in Master Foxes Book there is a relation of one Greenwood of Suffolk , who is there reported to have perjured himself before the Bishop of Norwich in the giving of evidence against a Martyr , and that after by Gods Iudgement upon him his bowels rotted away , and all this was false . And the Parson not knowing the truth of it , preached against Perjury , and cited this story of Gods Iudgement upon Greenwood , who brought his Action for this slander , but it was adjudged against him , because it was not brought malitiose .

This Action for such like words as these , about matter of Perjury , is to be subject to the general Rules annexed to the rest of the Cases at the end of other chapters , that the words are actionable , without Averment of any special losse by them ; so as they be false , malicious , direct , certain , &c. See for this . Croo. 1. last publisht . 169.

CHAP. XIII . Of Forgery .

FOrgery is also a great offence , and the punishment thereof great , by the Sect. 1. Statute of 5. Eliz. chap. 14. For the offender may for this be put in the Pillory , have one of his ears cut off , and be imprisoned for a year . If any one therefore shall charge another with this Crime , or any thing like unto it , the party wronged by it , may have his remedy by this Action .

It is therefore agréed , that this Action will lye for saying of another , Of a Deed. Thou hast forged a Deed. Owens Rep. 47.

That he hath forged a Lease , Obligation , Release , Acquittance , Feoffment , or other Deed. Croo. 1. part last publisht . 554. 607. Owens Rep. 47.

So for this , Thou art a forger of false Deeds .

So for this , Thou art a forger of false Writings .

So for this , Thou art a forger of Writings . Dyer . 285. Pasche . 39. Eliz. B. R. Wades Case . 39. Eliz. B. R. Goodalls Case . Croo. 1. last publisht . 553.

But it will not lye for saying , One is a forging Knave . Goldsb . 25. pl. 5. Nor for this , Thou art a Knave of Record , and a forging Knave . Popham . Rep. 177. But it will lye for this , A. hath procured such a Deed ( Innuendo , Adjective words . such a Déed given in evidence ) to be forged .

So for this , Hee falsly procured such a deed to bee forged . Hetleys Rep. 31.

So for this , This is a forged deed , and you know it to be forged . So for this , You made this deed under a hedge , and forged it . Owens Rep. 47.

So for this , Thou hast forged the will of J. S. Pasche . 7. Car. 1. B. R Mackenists Case .

So ( by one Iudge ) for this , thou hast forged my Fathers will . Popham . 177. But in Winch. Rep. 40. It is said to be adjudged not to lye for this Mallard is a Knave , and forged my Husbands will against his mind . 10. Jac. for then it was not her Husbands will , if it were forged .

So for this , The deed which Sir George Reynel shewed forth to Sir John Tindal was forged , and made under a hedge . Bulstr . 2. part 132. 133.

So for this , Thou hast hired A. to forge a Deed [ or to forge a Bond. ] Croo. 1. part 244. 245.

So for this , Hee hath forged an Obligation , and I will prove it . Croo. 1. last . publisht . 603.

This Action ( it is said ) will lye for this , Thou hast forged my Fathers hand , whereby thou hast received my Rent . Bulstr . 3. 265.

But this Action will not lye for words thus uttered , I have matter 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.

So for this said to a Maid , or Woman , Thou art a Whore , and hast had a Bastard ; or to a man , Thou art a Whore-master , and hast had a bastard . Bulstr . 2. part 90. And yet there in his 2. part 89. it is said to bée agréed that it will not lye for these words , Thou art a Whore .

Nor for these words , Thou art a Whore-master , or , thou didst lye Sect. 2. with such a woman , or , such a man did lye with thee , except hée have some special damage by the words . Coo. 4. 16 , 17. Croo. 2. 163. Mich. 39. Eliz. B. R. and that without any Averment of any special losse , for they are by Law punishable for this . Coo. 4. 17.

So for this , He hath got Mary Nob with childe , and the childe is his , Averment . and I have tried it with a Sieve , and a pair of Sheeres ; for the first words , although the latter words be insensible . Stiles Rep. 379.

So for this spoken of a Lady to whom the Earl of Kent was a Suitor , By report . A. hath reported that he had the use of her body [ Innuendo , that he had carnal Copulation with her ] whereas A. did never make any such Report . Croo. 2. 162.

So for this , She is a VVhore , and I will prove it , and her plying place is in Cheap-side , and she gets forty shillings a night by playing the whore . Hills Case , B. R. Stiles Rep. 394. but it séems it was for the last words .

So for this , said of a Bastard childe whereof A. B. was delivered , Hee , [ Innuendo the Plaintiff ] is the reputed Father of the Bastard . Innuendo Averment . the said bastard childe ; if withall he aver , that hee lost a preferment in Marriage by it , or that it was the bastard of one not able to kéep it , or that it was some special losse by one way or other to him , and not otherwise . Croo. 1. 113.

So for this , Thou art a VVhore-master , and hast laine with Browns Wife , and hadst to doe with her against a chair ; if thereby hee lose his marriage , &c. Croo. 2. 323.

It is said to be adjudged to lye for this , My VVife is a VVhore , and she was naught with VV. S. [ Innuendo the Plaintiffe ] and had I had a Averment . candle , I had taken them together doing the deed . VVith an Averment , that he did by this lose his preferment in marriage . Bulstr . 3. part 48.

So for this , where a rumour is abroad of a Bastard drowned , for this , I doe verily beleeve the bastard child was thine ; and this Action was laid Averment . without any Averment that there was such a Bastard ; and if there were none such , let the Defendant plead it , and save himself . Stiles Rep. 221.

It is said that this Action will not lye for this , Thou art a VVhore , and I. S. hath had the use of thy body , the Cart is too good for thee , without the averment of some special damage by the words . Croo. 1. last publisht 582. 583. Goldsb . 172. So neither will it lye for this , A. is an arrant Whore , and would have lain with mee seven years since , and I would not unless shee would go to the hedge . For this is a spiritual slander only . Croo. 1. part last publisht 582. 587.

Nor for this , Shee is an arrant Whore , and hath had two bastards in Ireland . Sect. 3. Brownl . and Goldsb . Rep. 16.

Nor for this , Hee is the reputed Father of that Bastards Childe , Innuendo , &c. Vnlesse hée aver that some temporal losse that came unto him by it , as a losse of marriage , or that it is such a ones Bastard as is not able to kéep it , and so hée by this is charged to kéep it , or chargeable to the Parish , or the like . Croo. 1. 315.

Nor for this , Thou art a common Quean , a base Quean , a pipperly Quean : Winches . Rep. 14.

Nor for this , Thou art the hackny whereof J. S. Bodins Case . Nor for this , Thou art a Quean and a theevish Whore . Hill . 17. Jac. B. R. Nor for this , Thou wast rid up and down Stairs . M. 9. Jac. B. R. March . 2. part . 5. Noys Rep. 75. Stiles Regist . 8. Coo. 4. 18. And yet if these things were true , a man should bée punished for them with corporal punishment , as imprisonment , &c.

Nor will it lye for this , Thou art a forsworn Whore , and an old Baud. William Read and his Wives Case . Hill . 15. Jac. B. R. Croo. 462. Nor for this , Thou art Matcombes Hackny , thou art a theeving Whore , and a pocky Whore , &c. Croo. 2. 514. Godb. Rep. 278. Stiles Rep. 100. But perhaps these words spoken in London may lye .

Nor for this , Away you Pick-pocket , thou art a scurvy pocky Whore . Pick-pocket Albeit a special losse may bée averred by these words . Croo. 2. 499.

But it is generally held , that no Action will lye for calling of a woman ( bee shée married or immarried ) Quean , Harlot , Whore , common Whore , Adulteress , Pimpe , Baud , base Quean , common Quean , pipperly Quean , or the like . Nor for calling of a man , Whoremaster , common Whoremaster , Whore-munger , Adulterer , Fornicator , Whorson , or the like . For any of these words alone , without other words with them . Croo. 1. 168. 189. 239. 288. 315. 27. H. 8. 17. Coo. 4. 15. 17. Noys Rep. 75. 85. Winches . Rep. 14. Croo. 2. 499.

And yet to call one Whore in London , it séems is Actionable . Stiles Rep. 229. 245. Coo. 4.

So also may any of the other words bée Actionable , if by the speaking of them , hee of whom they are spoken have any special damage , as that hee looseth his marriage , or a sparsonage , hee is like to have : And this hée must bée sure to aver in a Declaration , or the like , and not otherwise , Stiles Rep. 287. Coo. 4. 16. Bulstr. 2. part . 90. Croo. 1. 293. Godb. Rep. 275.

It is agréed , that this Action will lye for any man or woman , ( especially For calling one Baud , or saying he keepeth a Baudy-house . Sect. . 4. such a one as kéeps an Inne , Alehouse ; Tabling-house , a common Victualling-house ; for these words ; Hee [ or shee ] keeps a Baudy house . So for this , Hee [ or shee ] keeps a house of Baudry . Bulstr . 1. part 138. Coo. 4. 14. 18. Stiles Rep. 322. 326. Croo. 1. 189. 166. 239. 255. Croo. 1. part last publisht 582. Brownl. 1. part 162. Kitch. 173. Noys Rep. 72. 73. &c. 117. March of Slanders 2. part 5. Stiles Regist . 8. Croo. 1. part last publisht 787.

And these words are most dangerous to bee spoken in London ; for , for London . this offence a man may bee Indicted , Fined , and Imprisoned ; and in London Ignominiously Carted also . Eliz. Thorns Case 24. Jac. B. R.

So for saying , A. the wife of B. is a Baud , and keeps a Baudy house . Croo. 1. 286. 350. March . Rep. pl. 249. Hughes Abridgement . 40. Trin. 16. Car. 1. B. R. Morgans Case . Trin. 18. Car. 1. B. R. Chambers Case .

And to speak such words of one that kéeps a Common house , Inn , &c. Averment . this will bear an Action without Averment of any special losse sustained by the words , but in other Cases it séems to be necessary . And yet it is said in some Books , that the Action will not lye for this , Hee keeps a Common Bawdy-house . See for these thing . Croo. 1. 168. 189. 239. 288. 27. H. 8. 17. Coo. 4. 17.

It séems that this Action will not lye at this day for saying of a man or woman , That hee [ or shee ] is a Bawd . And yet in London these words may happily be actionable . Stiles Rep. 322. 323. Croo. 1. 168. Noys Rep. 85. 27. H. 8. 14.

It is said to have béen adjudged to lye for this , Thou art a Whore and a Bawd to thy Daughters , and keepest a Bawdy-house . Stiles Rep. 326. Hill. 3. Car. 1. Elsey and Harrisons Case .

So for this , Hee is not sit to bear office in such a place , for hee keeps a Common Bawdy-house in London . Bulstr . 1. part 138. 27. H. 8. 15.

But it is said , it will not lye for this , Thou art a Pander to Sir H. Vanyham . Noys Rep. 74.

But here also , as in the other heads of Actions of the Case , for Slanderous words , this is to be added , That where the Action shall be maintainable for words of this nature , they must be malicious , false , certain , and under the Rule of qualification by other words . For if the words be true , or without malice , incertain , or such as may be qualified by the rest of the words spoken with them ; no Action will lye upon them .

CHAP. XV. Of other words importing some charge of transgression of a Penal Law .

THere are some other words that may sound to the hazard of a mans Sect. 1. losse of his liberty , or of the enduring of some corporal punishment , Speaking against the book of Common-prayer . for which this Action may lye . And therefore it is held , that this Action will lye for saying of a man , That hee spake against the Book of Common-Prayer , and said it was not fit to be read in the Church , in case where hée Averment . can and doth aver in his Action , that hée hath any special damage by it , as that by this means hée was cited into the Ecclesiastical Court , and there put to trouble and expence , &c. otherwise not . Brownl. 1. part 10. 13. 2. part 100. 129. March . Rep. pl. 191.

It is said , that this Action may lye for calling of a great man Papist , or For saying of a man , hee is a Papist , or hath been at Mass , or hath said Masses , or is a Priest . Recusant ; or for saying , that hee hath a pardon from the Pope ; or , that he can help any man to such a pardon . But otherwise it is of such words spoken of an ordinary man . Brownl . and Goldsb . 12. Brownl. 2. part 166. March . Rep. pl. 191. Leonards Rep. 335.

It will not lye therefore against a man for saying of another , That hee Papist . Recusant . Priest . is a Simonist , a Recusant . Croo. 2. 284.

Nor for this , Thou art an arrant Papist , and it were no matter if such were hanged , and thou , and such as thou wouldst pull the King out of his Seat if they durst . Hobb . Rep. pl. 187.

To say of one , Hee is a Mass-Priest , or hath said Mass , or hath heard Mass divers times , may be actionable . And to say of one , that hee received a Mass-Priest into his House , knowing him to be such a one , is dangerous . Bulstr. 1. part 181.

But to say of a man , Hee hath received a Recusant , without more words is not actionable . Godb. Rep. 106. Croo. 2. 484.

This Action will not lye for saying of a man , Hee hath erected a Cottage Erecting a Cottage . contrary to the Statute . Godb. pl. 125. 106. March . Rep. pl. 191.

Nor for saying , You did eat meat on a Friday . Nor for this , You did Eat Flesh Fish-daies . Sabbath-breaker . Strike in a Church eat flesh Fridaies . Godb. pl. 125. March . pl. 191.

Nor for this , Thou art a Saboath-breaker .

It may happily lye for saying , Thou didst strike another in a Church with a weapon . But not for this , Thou didst quarrel in the Church Godb. 125. March . Rep. pl. 191.

It hath béen said , that it will not lye for saying of one , Hee is a Champertor , Champertor . Maintainer of Suits . Buyer of Tites . Slander of an Officer . Maintenance . or a Common Champertor , or a Common Maintainer of Suits , or a Common Buyer of Titles . And yet this said of a Iudge , Iustice of Peace , Attorney , or such like officer , may be actionable . Hobb . Rep. pl. 145. and Hares Case . And yet in a Case B. R. 35. Eliz It is said by Popham . Chief Justice , that it had béen adjudged to lye for this , Thou maintainest such a Sute . Croo. 1. part last publisht . 297. See Hobb . Rep. pl. 188. Hetleyes Rep. 139. 143. Rioter . Maker of forcible Entry .

Nor for this , Thou hast made a forcible Entry into Lands . Nor for this , Thou art a common Rioter , or thou hast committed a Riot . And yet some think , that this may be actionable . Mich. 8. Car. 1. B. R. Stones Case .

Nor for this , Thou art a Forestaller , Regrator , and Ingrosser . Forestaller . Regrator . Ingrosser . Common Drunkard .

Nor for this , Thou art a common Drunkard , a Drunkard , or a drunken Fellow . And yet some say it may lye for the first of these words . Croo. 1. 207. March . 1. part of Slanders . 46. M. 8. Car. B. R. Finches Law . 186.

Nor for this , Thou art a common Swearer . Common swearer . Sect. 2.

Nor ( as it séems ) will it lye for any charge of an offence against a penal Law , which doth not inflict Corporal punishment , save only in case of non-paiment of the penalty .

This Action will not lye for any of the words in the Cases Common Libeller . Slanderer . Quarreler . Breaker of the Peace . Affrayer . Night-walker . Eves-dropper . Hedge-breaker . Mis-feasor . following , viz. for saying , Thou art a common Libeller , or , a common Slanderer , or a common Quarreller , or , a common breaker of the Peace , or , a common Affrayer .

Nor for this , Thou art a common Night-walker ; nor for this , Thou art a common Eves-dropper ; nor for this , Thou art a common Hedge-breaker ; Nor for this , Thou art a common Misfesor . Kitch . 173. 22. Ass. 31.

This Action is said will be maintaineable against any man that shall say Common Barretor . of another , hee is a convicted Barretor ; and for saying of a great man , of a Iudge , Iustice of Peace , Attorney , or the like Officer , He is a Barretor , or , He is a Common Barretor .

But it will not lye for saying of a Common person , He is a Barretor , or , He is a common Barretor . Hob. Rep. pl. 188. Hetlies Rep. 139. 143. Croo. 3. 171. Croo. 1. part last publisht . 171. Kitch. 173. Goldsb . and Brownl . 11. Hobb . Rep. pl. 188. Yelvertons Rep. 90.

It is said that it will lye for this , Hee hath been indicted for Barretry , if it were true , he was Indicted , and upon the Indictment acquitted . But had he béen found guilty upon the Indictment , then the speaking of the words are justifiable . Stiles Rep. 49.

But it will 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 deservest hanging . Varlet . Hypocrite . Rep. 90. Goldsb . and Brownl . 11. Hee doth trade with Pirates . Bulstr . 1. 216. Hee is a very Varlet , and seeketh to suppress his Brothers will . Hee makes shew of Religion , hee is a very Hypocrite . Popham . Rep. 148. That hee keeps such Dogs about him , that mens Cattel about him cannot go in peace , that his Cattel are in every mans ground , and the like . Bulstr. 1. 40. Dyer . 18. So neither will it lye for mée for this , My Master hath put mee away , because I would not be a Papist , for hee will keep no servants but Papists . Croo. 1. last publisht . 308. for this is a trivial charge that hath no weight in it .

CHAP. XVII . Of other words that have another import in them .

THere are yet other actionable words , that do not bring a man into the Sect. 1. danger of the losse of his life , liverty , or member , or other corporal punishment ; but they are such as may bring him in danger of suffering in his Name , or Estate , or both . Some of these may be such as have relation to an infectious disease , which hée is said to have . Some of them are such as may hinder him in a present preferment , that hée might otherwise have . Some of them charge him with deceit , and cheating . Some of them may reflect upon him in relation to his office , or profession . And some of them in relation to his Trade , and way of getting of his living . For that which doth concern words relating to an infections disease , take these Cases , That if a man be charged or reported to have any such great infectious disease , as for which hée ought to separate himself , or to be separated by the Law , from the society of men , and this be not true that is reported of him , Words about an infections disease . hée may have his remedy for this wrong by this Action . It is held therefore that this Action will lye for the words in the Cases hereafter fellowing , that is to say .

It séems it lyeth for this , Thou art a Bankrupt Knave , and a Pocky Knave , let them bear witness that stand by , and I will prove it . Croo. 1. Pocky Knave . part last publisht 99. But it must bée for the first , and not for the last words , and that it will not lye for the words , Pocky Knave .

This Action will lye for saying of another , That hee hath the French Sect. 3. French-Pox . Pox. But not for this , Hee hath had the French Pox. Stiles Rep. 64. Noys Rep. 151.

And yet it is adjudged to lye for this , of an Inne-keeper , A. had the Inne-keeper . French-Pox . and hath set it in the house [ Innuendo the Plaintiffs house ] and W. S. [ Innuendo the Plantiff ] and his wife have it , and all you , and that the husband alone may sue , Stiles Rep. 112. Plague .

So it is said it will lye for this , Thou wentst to the Wells to bee cured of the Pox. Stiles Rep. 219.

So for this , Thou art a Bastard getting Rogue , and hast a Bastard at Oxford , and art a Pocky Rogue , and for ought I know thou hast fild my bed full of the French Pox , and no such Pocky Rogue shall lye with mee . Stiles Rep. 283.

So for this , Hee hath caught the French-Pox and carryed them home to his wife . Hobb . Rep. 219. 290. Brownl . and Goldsb. 11.

So for this , Thou art an arrant Whore , and hadst the French-Pox . Owens Rep. 34. So for this , Mrs. Miller is a Whore , and hath had the Pox , and hath holes one may turn ones finger in them , Mrs. King the Apothecary gave her a drink for it , and therefore take heed how you drink with her . Croo. 2. 430. 144.

So for this , A. B. is laid with the Pox , or the Pox doth haunt him twice a year . Croo. 2. 144. Coo. 4. 17. and Ludsains Case M. 2. Jac. Per Williams and Fenner Justices .

So for this , Thou art a Pocky Whore , and the Pox hath eat out the bottome of thy belly , that thy guts are ready to fall out . Mich. 7. Jac. Co. B. Miles Case . Trin. 15. Jac. B. R. Millards Case .

So for this , Thou art a Pocky Knave , get thee home to thy Pocky Wife , her nose is eaten with the Pox. Croo. 1. part last publisht 878.

So for this , Thou art burnt , and hast the Pox. Croo. 1. last publisht 2.

So for this , Thou art rotted with the Pox. Croo. 1. part last publisht 648.

And such kinde of words are then most dangerous , and out of question Actionable when they are spoken of an Inne-kéeper , Vintner , Tabler , Inne-keepers . Victuallers . Ale house-kéeper , or the like persons , whose life , and livelyhood doth depend upon their society with men ; and therefore it is dangerous to say , that the Pox , or the Plague , or any such great and infectious disease is in such a common house , as Inne , Alehouse , or the like , when it is not so ; for if thereby his Guests forbear to come to him , or hée suffer any other damage , hée may have this Action , but otherwise not . Coo. 4. 17.

And therefore to say to a man going to such a house , Go not thither , for the Plague hath lately been there , is Actionable . Hetleys Rep. 70.

So to say of a woman Inholder , Shee is a Pocky unwholsome Woman , doth wear a Skarfe about her neck to hide her Blanches there : it is a Pocky houshold , is thought to bée Actionable . Mich. 9. Jac. Ludmans Case .

So it is held that this Action will lye for this , Hee is infected with the French-Pox . So for this , Thou hast the Great Pox. 21 Jac. B. R.

So it is said , this Action will lye for this , Thou art not worthy to come into any honest mans company , thou art a Leaprous Knave , and a Leaper Thou art a Leaper . Coo. 4. 17. So for this , Thou art a Leaper . Trin. 4. Jac. B. R. Taylor and Perkins Case . Croo. 2. 144.

And for all these words in the precedent Cases , it séems this Action will Averment . Sect. 3. lye ; And that ( as some say ) without any Averment of special losse sustained by them ; Sed Quere of this . But these kinde of slanderous words also are liable to all or some of the general Rules before named . And therefore they may for the incertainty , doubtfulnesse , or other matter in the words be rendred unactionable .

It hath therefore béen adjudged or resolved not to lye for the words in the Cases hereafter following , viz. for this , Thou art a scurvy pockey Whore , unlesse thereby shée have some special losse , by way of Trade , or by way of Marriage . Croo. 2. 498.

Nor for this , Hang him , hee is full of the Pox , I marvel that you will eat or drink with him . Coo. 4. 17.

Nor for this , J. S. hath the Pox. Coo. 4. 15. 17. Hobb . Rep. 196.

Nor for this , Hee hath had the French-Pox , or Plague , for hée may be well again . Noys Rep. 151.

Nor for this , Thou art a pocky Whore . 44. and 45. Eliz. and M. 7. Jac. Co. B.

Nor for this , Thou hast lyen in Fullers Tubb . 37. Eliz. Chappel and Burrows Case . Albeit this Averment be added , that none do lye there but such as have the French-Pox . M. 44. 45. Eliz. Boddin and Jones Case .

Nor for this , Hee hath been in Fullers Tubb ( meaning a Chirurgions Tubb , wherein none were but such as had the Pox ) I will not say of the Pox , but hee lay in the Tubb that time that Langhams wife was laid of the Pox , and his hair falls from his head , and hee is a pilled and a Rascal-knave , and a Villain , no Christian , and thinks there is neither Heaven nor Hell . Goldsb . 135. pl. 34. Croo. 2. 144.

Nor for this , Thou art Matcombes Hackney , thou art a theeving and a pocky Whore . [ Innuendo , that shée had the French-Pox , and I will prove thee a pocky Whore . Croo. 2. 514. Godb. 278.

Nor for this , Thou art a scurvy , pocky Whore , and a Pickpocket .

Nor will it lye for saying of a man , Hee hath the Falling-sickness . Hill . Falling-sickness . 4. Jac. B. R. unlesse it may disable him in his Profession , as a Lawyer , or the like . Hill. 4. Jac. B. R.

It is adjudged ( as it is said ) not to lye for this , to advise a mans friend not to kéep company with J. S. because hée is full of the French-pox , because there is no malice in this . James and Rudleys Case . 40. 41. Eliz. Co. B.

Nor will an Innuendo enforce any of these words beyond their native Innuendo . sense , to make them actionable , that in themselves are not so . Coo. 4 17.

And yet in some of these Cases , if any special damage come to the party by the words spoken , there haply they may be actionable , albeit they be not so in themselves . And in other Cases albeit there be damage , yet may not the words be actionable . Croo. 2. 499.

CHAP. XVIII . Of words that hinder ones Preferment .

THere are other words , that do , or may hinder a Preferment that a Sect. 1. man , or woman , may be in a possibility , and likelihood to have . And this falls out especially in one of these Cases , where a man is in likelihood to have a wife , or a woman a husband , or one that is , or may be an heir to an Ancestour , and in that Right , to have Land from him , or a Minister is in possibility and likelihood to have a Parsonage by presentation , or one is in a likelihood to be chosen to an office , or one is in likelihood to be preferred to a special service , and by some scandalous words spoken by another against him to his disparagement hée is prevented of , and put besides it ; in such a Case , and for this Injury the Law gives him this remedy .

And therefore it is held , that this Action will lye for the words in the Cases hereafter following ; That is to say , where a woman is like to have a husband , or a man is like to have a wife ; and one say of him , or her , hée , or shée had a Bastard , or lay with J. S. or J. S. had the use of her body , or the like , and hée or shée lose the Match thereby ; this Action will lye for him , or her that is so disappointed . Hill. 4. Jac. B. R. Dame Morrisons Case . Hobb . Rep. 106. 236. 350. Croo. 1. 110. 111. 195. 134. Croo. 2. 163.

So if one say of a man , Thou art a Whoremaster , for thou hast lyen For a hindrance in Marriage . Sect. 2. with Browns wife , and hadst to do with her against a Chair . If by this he lose a preferment by a wife . Bulstr. 2. part 90. So to say of a Widdower , being about a wife , that hee had lien with such a woman , and others carnaliter cognovit , and that by this hée lost such a match . Croo. 1. 293.

So for this , Hath that Bastard A. B. caused you to be arrested ? is this all the spight the Bastard can do you ? if by reason hereof hée lose a match hée was about . Croo. 2. 422.

It will lye for these words , A. hath had a childe , for shee was conveyed to B. and there shee laid her great belly , it is as true that she hath had a childe , as that you sit there ; For shee was sent away with childe , and if shee had not a childe , shee hath made it away . Croo. 1. part 639. For an Heir , to hinder him of Land .

If one be Heir to his Father , or Vncle , that hath an Estate of Land , or Goods , which in likelihood hée may bestow upon him ; or if Land be given to his Grandfather , and the Heirs of his body , and hée hath children , the Father and others that may be Heirs to the Entail , though in the second or third degrée , and the Land being at sale , hée is offered somewhat for his possibility ; and after one shall say of him , Hee is a Bastard , and by this means hee loseth it ; hée may have this Action , and not aver any special loss . Croo. 1. 337. Coo. 4. 13. 14. Coo. 10. 130. Owens Rep. 32. Yet see Popham . 187.

If a Divine be to be presented to a Benefice , and one say of him , Hee For a Divine to hinder him of a Parsonage . is a Heretick , or a Bastard , or Excommunicate ; if thereby the Patron refuse to present him , and hée lose his Preferment , this is actionoble . Coo. 4. 16. 17.

If one be Heir to his Father , Brother , or other Ancestour , who intendeth For an heir to hinder him of Land . to settle his Land upon him ; And another shall say of him , Hee is a Bastard , and thereupon the Father , Brother , or Ancestour give away the Land from him , this is actionable . Hughes Rep. 451. Bulstr. 2. part 276. 277. Croo. 2. 213. And this Action , some say , it hath béen adjudged will lye , albeit the party have no special losse by the words . N. B. Entries 28. Trin. 25. Eliz. B. R. Godb. Rep. 519. Croo. 1. 337. Coo. 10. 130. Owens Rep. 32.

If some say of a Lawyer that stands for a Town-Clerks place , or any other For an Officer to hinder him of an office . place of preferment , Hee is an ignorant man , and unfit for the place , and thereby hée loseth this place ; this Action will lye . March . Rep. pl. 217. Sandersons Case . 17. Car. B. R.

And so by the like reason , if any common servant be like to have a service , and For a Servant , to hinder him of a service . by some slanderous spéeches hée loseth it . Agreed . M. 15. Car. B. R.

So it lyeth for this , Hee is not worthy to bear office in such a place , for he keeps a Baudy-house in London ; if by this hée lose the place he stands for . Bulstr. 1. part 138.

It is said , that this Action will not lye for saying of another , hee is base born . And yet that perhaps it may lye for saying of another , Hee is an Alien , if he have any special damage by it . Godb. Rep , 327. 328.

This Action will lye , for saying of a Maid , or a Widdow that hath a Hindrance of Marriage . Suitor , I know her well enough , shee did dwell in Cheapside , a Grocer did get her with childe ; if by this report the Suitor fall off , and shée lose the match . Anne Davis Case . Coo. 4. 16. And there it was resolved , that if hée had charged her with bare Incontiuency , that this had béen actionable , if shée had lost her Suitor by it . And for this said in such a Case , A. hath reported that hee had the use of her body at his pleasure , ubi re vera , A. did not report it , and if upon this the Suitor fall off , the Action will lye . Dame Morrisons Case . Hill . 4. Jac. B. R. Croo. 2. 103. Jenk . Cent. 8. Case 7.

So for this , ( as it séems ) to say of a woman about Marriage , that shee is For a Servant that is hindred of his service . Couzening . mad , if shée lose her Marriage by it . Bendloes Rep. 155.

So this Action will lye for these words spoken of a servant and Bayliff , to J. S. who doth much trust him , and thereby hée had his livelihood . He is a couzening Knave , and hath couzened his Master [ Innuendo the said J. S. ] of a bushel of Corn. Croo. 1. 345.

So for this , spoken to a Deputy , Clerk of one B. a Register , who trusted Sect. 3. him much , and the Deputy Clerk got his living by him , hee is a base couzening Knave , hee is a Cheater , and hath couzened his Master , Innuendo the said B. Croo. 1. 406.

So for this , said of a Shoomakers servant , that lives by the Trade under him , Hee will cut his Master out of doors . But then hée must aver , that Averment . by those words in that place is understood , hée will undo him . Bulstr. 2. part 146.

So this Action will lye for these words spoken of a Widdower , who was Hindrance of Marriage . like to have had a good match , Hee is a sharking fellow , and getteth his living by Deceit , and used himself violiently to his former wife , and denyed her necessaries , and is a needy fellow , and his conditions are wicked , and for his Religion , hee is a Brownist , &c. If by this hée lose his Match . But there it was agréed , that without an Averment of some special losse , the Action will not lye in this Case . Croo. Rep. 1. 110. 195. 234. March . Rep. pl. 2.

So for this spoken of a Maid that hath many Suitors , That A. Reading is with childe , and did take Physick to kill her childe , and that by this shée lost her Suitors . Hetleys Rep. 18.

So for this , Southold hath been in bed with Dorchesters wife ; if by this Southold lose his Match hée is about . Croo. 1. 195.

So for this , Shee is a Whore , and her children [ Innuendo , the children which shée had by B. her late Husband ] are Frambishes Bastards , Innuendo Nicholas Frambish ; if by this shée lose her Marriage . Croo. Rep. 235. And so fo for any such like words spoken , by reason of which a man or woman doth lose his or her preferment in Marriage . Stiles Regist . 7. Coo. 4. 16.

But this Action will not lye , for saying of a man that is a Suitor to a Widdow , Thou didst couzen J. S. of her mony , in procuring false witnesses to couzen her ; albeit hée lose the Widdow by the words spoken . Owens Rep. 47.

And for the words in the fore-mentioned Cases this Action will lye , with Averment of damage where it is necessary , as in most ( if not in all ) Cases it is . Coo. 4. 13. Croo. 1. 13. 100. Bulstr. 2. part 270. 277. March . Rep. 93. But all this kinde of Action of the Case for such words as these , are to be subject to the general Rules of the other actionable words ; for if the words be doubtful , incertain , or the like , they may hereby become unactionable . See more for this , chap. 14. ch. 21 , ch. 22. And in some of the other chapters .

CHAP. XIX . Of words importing a charge of Deceit and Couzening .

THere are other Slanders , and Slanders in other Cases than these , Sect. 1. which are before named ; some of them import something of fraud and couzening , for which this Action is given ; It is therefore held , that this Action will lye for the words in the Cases hereafter following ; That is to say , for saying , Thou Captain Greenfield hast received mony of the King About Couzening and Deceit . Of a Captain . to buy new Saddles , and hast couzened the King , and bought old Saddles for the Troopers . Pasche . 17. Car. B. R. Sir Richard Greenfields Case . March . Rep. pl. 135. So to charge an Officer , or Tradesman with couzening is dangerous ; and therefore it is held actionable , to say of an Inekéeper , There is no man comes to thy house , but thou dost couzen him . Of a Tradesman . Hetleys Rep. 123.

And yet it is said to be adjudged not to lye , for saying of a Butchers wife , that doth use to sell meat in her Husbands absence , Shee is a couzening woman , and hath couzened one of her neighbours of four pound , and I will prove it . Huttons Rep. 14.

To say of a Brasier , Thou hast couzened mee of a Pan , is actionable . Stiles Rep. 364.

It lieth also for one that hath the over-sight of a Gentlemans Farm , Of a Bayliff , or Servant . and sells his Corn , for these words , Thou art a couzening Knave , and thou hast couzened mee in selling false measures in my Barley , and the Country is bound to curse thee for selling with false measures , and I will prove it ; and thou hast changed my Barley which I bought of thee . Brownl . Rep. 1. part 4. Hobb . Rep. pl. 93.

So for this , said of a Servant and Bayliff to J. S. who doth much trust him , by which hee gets his living , thou art a cozening knave and hast cozened thy Master of a Busnel of corn . Croo. 1. 345.

So for this , said of a deputy Clark to one B. a Register , who trusted him much , and by which hee got his living , Hee is a base cozening knave , hee is a cheater , and hath cozened his Master A. B. Croo. 1 , 406.

So for this , You have Cozened the State of two thousand pound , and I Of an Officer of the State . will prove it ; for you have received twenty five thousand pounds profit of the Office , and not compounded for it , and have foisted in words in the order of your composition . Stiles Rep. 436.

So ( as it is thought ) for this , said of a Lord of a Mannor , Thou art Of the Lord of a Mannor . a cozening knave , and keepest cozening courts , to cozen men of their fines . 4. Jac. B. R.

So for saying of a Gold-smith , I will prove thee a cozener , for selling mee a Saphyr for a Diamond . Brownl . 2. part 100 Kitch. 173.

It hath lain for this , spoken in London , Thou art forsworn in the Carpenters-Hall , Of an Officer in London . and didst rob the Hall , and deceive the company of twenty pound . Croo. Rep. 1. last publisht 787.

So this Action will lye for a charge of cozening , imposed upon an eminent Of an eminent person . person ; as to say of a Gentleman of the Privy Chamber of the King , That hee is a cozener , and liveth by cozening . Croo. 2. part 427.

But in all , or most of these Cases to make such words as these Actionable , there must bee an Averment of some special damage to the Plaintiff by the words : and in all Cases , if the truth bee so , it is best so to set it Averment . forth in the Declaration .

But it is held , that this Action will not lye for the words in the Cases hereafter following ; that is to say , it will not lye for calling of a common Cozener . person , cozener , cozening knave , cheating knave , cheater , or the like . Finches Law 186. Bulstr. 1. 138. March . Rep. pl. 135. Cheater . Officer .

And yet perhaps to speak so of an eminent person , or of an officer in reference to his office , it may be Actionable . Croo. 1. 345. Croo. 2. 427. Eminent person . Godb. 284.

It will not lye ( as it is said ) for this said of a man that is a suiter to a Widdow , Thou didst cozen J. S. of her money in procuring false witnesses to cozen her . Albeit hee loose the Widdow by these words . Owens Rep. 47.

Nor for this , said of an ordinary Gentlewoman , Thou art a cozener and livest by cozening . Croo. 2. part 427. Coo. 4. 16.

Nor for this , Thou hastcozened J. S. in buying Saddles for him . Godb. Rep. 284. pasche . 27. Car. B. R.

Nor for this , Thou hast cozened mee and my two kinsmen , and art a false knave . 26. Eliz. Kerby and Wallers Case Godb. Rep. 284.

Nor for this , said of a Mayor , Hee hath cozened all his brethren , &c. See in March . Rep. pl. 135. B. R. Mayor of Tibbortons Case .

Nor for this , Thou wert a Suiter to a woman in Southwark , and didst cozen her of her goods , and procuredst certain false witnesses to bee forged . Croo. 1. last publisht 99.

Nor for this , Thou hast used Jugling with mee . Croo. 1. part last publisht Jugling . 178. Sect. 2.

Nor for this , Thy credit hath been called in question , and a Jewry being to passe upon it , thou foistedst a Jewry early in the morning , and thy lands thou hast gotten by lewd practises . Croo. 1. part last publisht 348.

Nor for this , Mr. Crook came unto Cornwel with a blew coat on his back , Cozening in sale of Fish . and hath now gotten together a great quantity of Wealth , by trading with Pirates , cozening in the tale of Pilchers , and by extortion . Balstrod . 1. part 216.

Nor for this , He is a cozening knave , and cozened a poor man of one hundred pound , and all the Georges are cozening knaves . Huttons Rep. 14. Nor for this , Hee is a cozening knave , and hath cozened mee of forty pound . Incertainty . Huttons Rep. 14.

Nor for this , Hee is a false knave , and keeps a false debt book ; for hee In a false debt book . chargeth mee with the receit of one peece of Velvet , which is false . Huttons Rep. 14.

Nor for this , Thou art a pilfering Merchant , and hast pilfered away my goods from my wife and children . Huttons Rep. 14. Owens Rep. 56.

Nor for this , spoken of a man that is no tradesman , A. is a cozening In selling a Saphir for a Diamond . knave , and so I have proved him before the Lord Mayor , for selling of a Saphire for a Diamond . Huttons Rep. 13. Nor for this , Thou art a cozening knave , and hast cozened mee of five hundred pound . Huttons Rep. 13. Nor for this , Thou art a cozening knave and shewedst forth a forged Deed. Bulst . 1. part 132. By shewing a false Deed. Cozened a Town .

Nor for this , Thou hast cozened the Town of B. of so much mony , albeit hée were an Officer and to account . Bulstr. 2. 228. Nor for this , Hee hath cozened the Earl of H. of as much as hee , Innuendo the Plaintiff , is worth . Bulstr. 1. part 162 , 163.

Nor for this , said of a Merchant , Thou art an arrant knave , for thou Of a Merchant . hast cozened all Coventry . Bulstr . 1. part 162 , 163.

Nor for this , spoken of a Merchant , a Gentleman of the Kings Privy Chamber , or whosoever else hée bée , Hee is a cozening knave , and lives by cozening . Godb. Rep. 407. Goldsb . 3 , 4 , 5.

Nor for this , You bought land when you cozened the Town in your Accounts . Cozening of a Town . Bulstr. 2. 228.

Nor for this , Thou are a varlet , and hast suppressed thy Brothers will to In the suppressing of a Will . deceive others of Legacies . Trin. 17. Jac. B. R. Godfreys Case .

Nor for this , Thou hast cozened mee and all my kindred . 18. Eliz. B. R. Nor for this , Hee hath cozened all the Town of Coventry . Nor for this , Hee is a very bad fellow , for hee made A. drunk in the night , and Incertainty . cozened him of one thousand marks . Goldsb . 125. pl. 12. Nor for this , Thou getst thy living by cozening . Croo. 2. 427.

Nor for this , Hee is a cozening knave , for that hee hath sold mee a chain of Copper , for a chain of Gold , and that hee is a cozening knave upon Record . Deceit in trade But if hée bée a Gold-smith , and got his living by buying and selling of Chains and such wares , there perhaps it may lye . Croo. 3. 171. Croo. 1. last publisht 171.

See more in Chap. 18. Chap. 21. Chap. 22.

For all these last Cases of Vnactionable words , this is also to bee added ; that if it bee so that the party of whom they are spoken ; sustain any special damage by them , hee may perhaps have an Action of the Case upon them ; but then hee must be sure in his Declaration to Aver it . See March. Averment . of Slanders 1. part 100.

This also is to bee known herein ; that The Slanderous words of this kinde , are also liable to the general Rules of other Slanderous words , that is , they must bee false , malitious , certain , and the like , or they will not bee Actionable .

See more in Chap. 18. and 19. and in other Chapters .

CHAP. XX. Of scandalous words that relate to men in their Offices , Professions , and places of Trust .

THere are other scandalous words that reflect upon men in their Offices , Sect. 1. Professions , and places of Trust ; and these are either such as charge them with corruption and dishonesty , or with ignorance and unskilfulnesse therein ; and for this , it may go for a Rule , as to such Persons , generally that for any words that shall import a charge of unskilfulnesse , or dishonesty and corruption , in , and about their Offices , this Action will lye .

It is therefore agréed , that this Action will lye for a Bishop against him Of a Bishop . that shall say of him , Hee is a Papist , or Recusant ; or that hee hath received a pardon from the Pope , or the like . Brownl . and Goldsb. 12. and 2. Recusant . Papist . part 166. March . Rep. pl. 191.

This Action will lye also for a Iudge , Iustice of Peace , or such like Officer , Of a Judge or Justice of Peace . for the words in the Cases hereafter following spoken of him viz. That hee is a corrupt Judge ; or hee is a corrupt Justice of Peace ; or hee is a corrupt Officer ; or hee is a corrupt Man ; if it be spoken with reference to For matter of corruption . his Office . Coo. 4. 14. 16. 19.

So for this , Hee gave a corrupt sentence in such a cause . Popham . Rep. 35. Popham . 177. Hobb . Rep. 35.

So for this , Hee doth not administer true Justice . Croo. 1. part last publisht . 358. So for this , He dealeth corruptly .

So for this , Hee is a false Judge , or hee is a false Justice of Peace , or hee taketh bribes . Coo. 4. 16. Broo. 112.

So for this , Hee is a lewd Justice of Peace . Croo. 1. part last publisht . 158.

So for saying of such a one , Hee is a Felon , or hee is a common Barretor ; Fellon . Barretor . Champertor . Maintainer of Suits . Extortioner . or hee is a common Champertor , or hee is a common Maintainer of Suits ; or hee is an Extortioner , or hee hath committed Extortion , or the like . Hobb . Rep. pl. 145. 188. Goldsb . and Brownl. 11. 30. Ass. 19. Popham . Rep. 35. Kitch. 173.

So for this , Hee is a Basket Justice , a partial Justice , I will give him five pound a year for his gifts about Justice matters ; And yet it is said in this Case , that none of the words but partial Justice are actionable . Croo. 2. 90.

So for this , Hee took forty shillings for a bribe . Yelvertons Rep. 142.

So for this , You have extorted twenty shillings above your due fees . Stanleys Case . Pasche . 14. Jac. Coo. 10.

So for saying of such a Iudge [ or Iustice ] Hee covereth and hideth Felonies , and is not worthy to be a Judge [ or Justice of Peace .

So for this , you cover and hide felonies . Dyer . 72. Stuckleys Case . Pasche . 7. Jac. B. R. Coo. 4. 16.

So for this , There is a Nest of Theeves in Dale , and Sir John Bridges is the maintainer of them . Pophams Rep. 180.

So for this , You , out of malice and spleene have perverted Justice , and have wrested the Law many times , to serve your own turn . And in this Case there was no Averment made in the Action , that the words were spoken with reference to his office . Beamond versus . Sir Henry Hastings . Averment . Mich. 7. Jac. B. R. Bulstr. 1. part 96. Croo. 2. 241.

So for this , Hee is but a half-eared Justice , hee will hear but on the one side . Croo. 1. 162.

So for this , Hee can hear but with one ear . Chomleys Case . Hetley . Rep. 123.

So for this , You are a sweet Judge [ or Justice of Peace ] you sent your Warrant for J. S. to be brought before you for suspition of felony , and afterwards sent J. D. to give him warning thereof , that hee might absent himself . Burton versus Tokin . Croo. 2. 143. 413.

So for saying these words , I have been often with him for Justice , but never could get any at his hand , but Injustice . Croo. 1. 9.

So for this , You are an Ambodexter , and you take mony on both sides . M. 2. Jac. B. R. Dawtries Case .

So for this , Sir William Buttons men have stoln sheep , and hee spoke to mee not to prosecute them . Popham . Rep. 180.

So for this , Hee hath been the cause of the over-throw of a hundred men by false and subtil means . In Brownl . 2. part 299. March . Rep. 8.

So for this , A. being arrested as accessary of Felony , Mr. Stafford [ Innuendo the Plaintiff ] knowing thereof , discharged him by agreement of Sect. 2. three pound , to which Mr. Stafford was privy , whereof thirty shillings was to be paid to him , and was paid to his man by his appointment . Trin. 36. Eliz. B. R. Croo. 1. part last publisht . 536.

So for this , Hee hath received mony of a Theef , that was apprehended and brought before him for the stealing of certain sheep , to let him escape , and to keep him from the Gaol . Pasche . 17. Eliz. B. R. Brownl. 1. part 11. Cottons Case .

So for this , said of a Iudge that had given his sentence in a Cause betwéen the Defendant and another , That the same sentence given by the Plaintiff ] Innuendo , &c. was corruptly given . Croo. 1. last . publisht . 305.

So for this , Mr. Gilbert hath done mee wrong , in returning the Recognisance of Podger in twenty pound where it was taken in ten pound , and the Sureties in ten pound a peece . Pasche . 4. Jac. Gilberts Case . B. R.

So for this , Thou hast forged a Recognisance , taken before Fisher and others . Croo. 1. part last publisht . 883.

So for this , said , where , upon Articles upon Oath before the Iudge or Iustice against mée , I say , By your means I had wrong at the Sessions , for you caused Hickman to swear against mee that which was not true [ Innuendo the said Oath . Croo. 2. 308. Yelvertons Rep. 221.

So for this , Mr. H. did put in of his own head these words into an examination taken by him , viz. J. S. did steal twenty sheep of such a mans . And for saying this further of the Iustice , Hee is a debauched man , and not fit to be a Justice of Peace . But it was said , the Action did lye for the first , and not for the last words . Stiles Rep. 22.

So it séems for this , where one is arraigned , and acquitted of a Felony , and the prosecutor shall say , if A. and B. had done Justice , C. had been hanged for robbing mee . And that for this , A. B. and C. may have this Action . For Matter of Ignorance .

This Action will lye , for saying of a Iudge , Iustice of Peace , or such like Officer , He hath no skill in his office . Hill . 16. B. R.

But this Action will not lye for such a person , where a discourse is about For other Matters . him , as to his body , and health , and therein , one of them shall say , Hee is a corrupt man . Nor where the discourse is about his Estate , and therein one of them shall say , Hee is a Bankerupt ; Nor where a discourse is about his Words of Qualification . Vsury , or his fraud , in an executorship , and therein one of them shall say , Hee is a corrupt man , or hee is a false man , or the like . And therefore in these and such like Cases , where the Plaintiff shall set forth but part of the words of the conference , the Defendant must set forth the occasion of the words by the rest of the conference , Coo. 4. 14. But if the words bee spoken without any such references , as in the Case before , they will bée Actionable , for they shall bée so intended , and taken in the worst part . Hob. Rep. pl. 351.

Nor will this Action lye for this , You do openly maintain and countenance the worst people against Gods Laws and the Queens . Croo. 1. part last publisht , 297.

This Action also will lye for such an Officer for this , Hee is not worthy Hee keeps a Baudy house . to bee in such an Office , for hee keeps a common Baudy-house in London . Simpsons Case , Bulstr . 1 part 138.

So for this , said to such a one , You are no true Subject , Or for this said to his man , Thou servest a Master that is no true Subject Croo. 2. 202.

So for this , Hee and his Son sought to kill mee , and his Son threw a Dagger at mee , and run mee through the hose twice , and all this by the procurement of the Justice of peace , Croo. 2. 56. Yelvertons Rep. 57.

But this Action will not lye for this , Hee is a false Justice , vel his Incertainty similia , Broo. Action of the Case , 112.

And it séems it will not lye for this , I heard it spoken that Mr. Read was one that was at Burrels Roberie , and that four of them went to his house the next morning ; ubi re vera , the Defendant never heard any such words . Sed quere , for the words have a sound of Actionable words . See Croo. 1. last publisht , 644. 645.

This Action will not lye for a Iudge , or Iustice of peace , , or such like Officer , for this . Hee is a base Rascal , Villain , and by unjust means Sect. 3. doth most villanously take other mens rights from them , and keeps a company of theeves and traitors to do mischief , and gives them nothing but base blew Liveries , and this all the Country reports . And other good hee doth not . And yet two of the Iudges were for the action in this Case . Croo. 2. part 58. Dyer 75. 158.

Nor for this , Hee hath delivered untruths upon his Oath , in his answer in Chancery , at the suit of I. S. Croo. 1 part last publisht , 374.

Nor for this , Hee hath but one Mannor , and hee hath gotten it by swearing and forswearing , Coo. 4. 15. Nor for this , Hee hath gotten all that hee hath by swearing and forswearing , New Book of entries , 4. 22.

Nor for this , For my ground in D. hee seeks my life , Coo. 4. 15.

Nor for this , You have Couzened the Earl of Hertford , of as much Couzening . as I am worth , Bulstr . 1. part , 163.

Nor for this , Hee is a Recusant and a Simonist , &c. Croo. 2. 484.

Nor for this , Hee is a Blood-sucker , and sucketh blood , Croo. 1. last publisht , 306. 433. Blood-sucker .

Nor for this , said in a conference about him , and his Tenants of his Mannor , When your Tenant took his Land , you couzened him of his fine , Couzening . and dealt corruptly , and I will make you appear where you dare not shew your face , for your base dealing , Trin. 4. Jac.

Nor for this , Hee is an Usurer , Nor for this , Hee hath not dealt Usurer . honestly about a Will. Coo. 4. 16. New Book of Entries , 22.

Nor ( as it seems ) for this , If any man will give him a Bribe , as a Inclination or Affection . Sheep , or a couple of Capons , hee will take them ; And yet this séems to bée a foul Charge , Croo. 1. part last publisht , 306. 433.

But in these kinds of Actionable words these things must bee observed .

1 That the Plaintif must bee sure to set forth , that hee was such a Iudge , Iustice , or Officer at the time when the words were spoken of him , or the words will not bear Action .

2 That hée is not bound to set forth , that hée had any special losse by the words .

3 That words of this nature are subject to the Rules laid down in other Cases before , for other Actionable words , they must be certain , false , malitious , and not liable to qualification , &c. For if the Case be so that they be true , or incertain , or not malitious , or subject to qualification by the occasion of speaking , or other words spoken at the same time , if so it be , they may by this bee unactionable . Croo. 1. part 97. 162. Bulstr. 1. part , 36. Yelvertons Rep. 153. 159.

This Action will lye for a Serjeant or Barrister at Law , that doth practise in the Law with words in the Cases hereafter following , spoken For a Serjeant , or a Barrister at Law . of him with reference to his Profession , viz. Hee hath undone many . Osberton and Stanleys Case Trin. 37. Eliz. Cam. Scaver . Sect. 4.

So for this ( as some would have it ) Go not to him , for hee will deceive For his dishonesty . you , Hettleys Rep. 70. yet see the contrary by March. pl. 217. Brownl. 1. part. 11.

So for this , Hee hath been the cause of the overthrow of 100. men , by his subtill means , Yelverton Rep. 143. March 8.

So for this , You are a dishonest man in your profession , Trin. 37. Eliz.

So for this , you are a paultrie Lawyer , and use to play on both hands , Croo. 2. 267. So for this , Hee is a paultry fellow , for hee doth deal on both sides , and deceive them that put him in trust . Noys Rep. 11.

So for this , Hee hath done falsly with mee being his Clyent , and hath joyned with mine Adversary , Stiles Rep. 231. 283.

So for this , Hee is a Bribing knave , and hath twenty pound of J. S Bribing Knave . to couzen mee . Brownl . and Golsb. 6.

So for this , Go you to him to bee of your councel , hee will deceive you , hee was of councel with mee , and revealed the secrets of my Cause . Trin. 13. Eliz. B. R. Coo. Lib. Entries . 22.

So for this alone , Hee being of my Councel , revealed the secrets of my Cause .

So for this , Hee revealed the secrets of his Clyants Cause .

So for this , You did disclose my Councel to mine Advesary . Snags Case . Trin. 13. Eliz. B. R. So for this , Thou didst disclose my Councel , See Croo. 1. part last publisht . 358.

So for this , Thou didst deliver my evidence to mine adversary , see there for it .

So for this , Hee giveth bad Councel .

So for this , You are a couzening Knave , and shewed a counterfeit Couzening Knave . or forged Deed knowing it to bee so , Mich. 39. 40. Eliz.

So for this , You are a bribing Knave , or a Corrupted Knave , or Bartetor Champertor . Maintainer of Suits . you are a Corrupt man , or you are a common Barritor , or you are a common Champertor , or you are a common maintainer of Suits . Hobb . Rep. pl. 17. 177. 188. 145. Brownl . and Goldsb. 11.

So this Action will lye for such a man for this , He a Barrister ? he is For his unskilfulness . a Barretor and no Barrister , he was put from the Barre , &c. and durst not shew himself there , he hath as much wit as a Daw. Coo. 13. 71. Godb. Rep. 441. Hetley Rep. 71. Noys Rep. 98.

So for this , Thou hast no more Law than a Monkey ; or , thou hast no more Law than a Jackanapes , or thou hast no more Law than a Jack-daw . Hetleys Rep. 71. Owens Rep. 17. Godb. Rep. 441. Nor for this , Hee hath as much Law as a Monkey , &c. March . Rep. pl. 93 Goldsb . 126. pl. 17. Croo. 13. 71. Mich. 36. 37. Eliz. Palmers Case B. R. Hetleys Rep. 71.

So for this , you a Counsellor , a fool , an asse , a hang-man , a Counsellor at Law , a fool in the profession . Popham Rep. 207. So for this , hee is a dunce , and will get little by the Law . Croo. 1. part 277. So for this , he is an Ignorant man in the Law . So for this , hee hath no skill in the Law . So for this , he is the simplest Lawyer towards the Law . 39. 40. Eliz. B. R. So for this , he is no Lawyer .

So for this , hee a councellor , hee is a concealer of the Law . Coxes Case . Trin. 2. Jac. B. R.

And yet it is held , the Action will not lye for these words , he is no Schollar , or thou wast never any Schollar , or thou art an ignorant man in general , without reference to his office . Or for this , he is an Asse . Cawdreys Case .

And yet it is said by some to have béen adjudged actionable to say of such a man , he is an ignorant man . Trin. 17. Car. 1. B. R. Sandersons Case . But without question it will lye for saying of such a man , hee is an ignorant man in the Law .

But it will not lye for this , to say , he hath no more Law than J. S. and J. S. is no Lawyer .

But it was said by Tanfield Iudge , it may lye for saying of such a man , For other Cases . Hee hath the falling Sickness .

So it may lye for saying , hee giveth bad council . Croo. 1. part last publisht 403.

It will not lye for saying of a Lawyer , and Iudge of a Corporation Judge . Court , Hee is a Puritan knave , a Precise knave , a Bribing knave , and I will make him answer for what hee hath done . Popham . Rep. 139.

Nor for this , You have lost your Clyents cause . Hetleys Rep. 70.

Nor for this , you have send a counterfeit , [ or a forged ] Deed , Mic. 39 , 40. Eliz.

Nor for this , Hee mis-enters the name of his Clyent in his book . Croo. 1. part last publisht 403.

Nor for this , Hee is a Drunkard , or a Drunken fellow .

Nor for this , Thou hast nothing , but what thou hast gotten by swearing , and forswearing . New book of entries 22.

Nor for this , He is a Bankerupt . March . Rep. 8.

But these things must bee added for the understanding of all these Cases Sect. 5. also :

1 That hee that brings an Action for such words as these , must set forth , that hee was a Lawyer at the time of the speaking of the words .

2 That in this Case , where the words are in themselves Actionable , there need not bee any Averment of any special losse by the speaking of them ; but if in truth the Case bee so , it is best so to set it forth .

3 That for some of the words herein , set forth to bee Vnactionable , if the party of whom they are spoken , have any special damage by them , there perhaps an Action may lye for some of these words .

4 That such kinde of words as these , are to bee regulated by the same general Rules of other Slanderous words , that is , they must bee false , malicious , certain , and not lyable to qualification by other words spoken with them , and the like , or they will not bee Actionable .

It is said that this Action will lye for saying of a Sheriff , Hee is an Extortioner , Of a Sheriff . Extortioner . or that hee hath by colour of his office extorted twenty shillings above his due Fees .

But it will not lye for saying , to the servant of the present Sheriff , of the last years Sheriff , Your Master must not look to have such hudling and shufling of matters this year , as hee had the last year . Croo. 1. part last publisht 849.

Nor against an under Sheriff for this . Thou art a cozening fellow , as any Cozening . in the country , the last time thou wert under Sheriff , as now thou art : thou d●dst serve an Execution for a neighbour of mine , and didst keep the money in thy hands . Croo. 1. part last publisht 854.

This Action will lye also for a Preacher , a Parson of a Church , for Of a Preacher , or a Parson of a Church . Sedition . these words said of him , Hee hath made a Seditious Sermon , and moved the people to Sedition this day . Coo. 4. 19. Pasche . 24. Eliz. B. R. Phillips versus Badby .

So it is said it will lye for him , for these words , Hee hath had two Incontinency . children by A. the wife of B. and I will cause him to bee deprived for it . Parrets Case 38. 39. Eliz. Noys Rep. 64. Croo 1. part last publisht 502.

And yet it is held , that it will not lye for this , said of him , Hee is an Adulterer . Nor for this , Hee is a Whore-master . Nor for this , Hee is Drunkard . Swearer . Preach false Doctrine . a Drunkard . Nor for this , Hee is a common Swearer . Nor for this , Hee is a Preacher of false Doctrine . Stiles Rep. 49.

And yet in Hill. 1650. B. R. in the Case of Drake : the Court did incline to give an Action for these words , for saying of a Preacher , a Master of Arts , and an incumbent of a spiritual living , Thou hast Preached lyes in the Pulpit . Stiles Rep. 363. 364.

And if a Preacher have any special damage by any such like words spoken against him , in that Case doubtlesse hee may have this Action for his remedy .

To say of a School-master , Put not your Son to him , for hee will come Of a School-Master . Of a Clarke of Assises . Bribing . away as very a dunce as hee went , this Action will lye . Hetleys Rep. 71.

This Action will lye also for a Clerk of Assizes , for saying of him , Hee hath taken a Bribe of fourty shillings . Yelvertons Rep. 142. 143.

This Action will lye for saying of a Coroner , Hee is an Extortioner , Of a Coroner . Extortioner . Cozener . and hath , colore officii , Extorted forty shillings .

But to say of such a one , Hee is a cozening knave , and hath cozened J. S. of his land , is not Actionable . See March . 2. part of Slanders 4.

This Action will lye for a Town-Clerk , that is an Attorney , and a Of a Town-Clarke . Bribing . Iudge in the Mayors Court , for saying of him , Hee took fourty shillings for a Bribe . Godb. Rep. pl. 211.

But not for this , Thou hast made many false certificates , for the Mayor and Burgesses in that court , and the more thou stirrest , the more it will stink . For that no spéech was about his office , when the words were spoken , nor did it appear that the making of the Certificates did belong to his office , nor Averment . was it averred that hée knew them to bee false , Huttons Rep. 123.

Nor for this , Hee is a common maintainer of Suits , and a Plague of God Maintainer of Suits . consume him ; I hope to see his body rot upon the earth , like the carcass of a Dog , and I will have him thrown over the Bar the next Term , and I will give a Beech to hang him . Brownl . and Goldsb . 15.

It will lye for any Deputy of such officer as the King of Arms , that Of the King of Arms. hath a Patent for his office , and power by Commission to make a Deputy to inquire of matters about his office , when hée hath done it ; to say of his Deputy : Hee came and sate by force of a forged Commission , and hee is a Forgery . Scrivener and no Herauld . Croo. 1. last publisht 329.

This Action would have lyen for a receiver of the Court of Wards , upon Of a Receiver or auditor of the Court of Wards . these words , Mr. Deceiver hath deceived and cozened the King , and dealt falsly with him . Sir Miles Fleetwoods Case .

So to have said of an Auditor , Hee was a frauditor , and had deceived and cozened the King . Hobb . Rep. 375. So to have said this , You have Sect. 6. Cozening . received money for the Ingrossing of Foedaries , and I will prove that to bee cozening ; and you are a cozener and live by cozening . Winches . Rep. 40.

This Action will lye for saying to a Steward of a Court , That he hath Of a Steward of a Court. been the cause of the overthrow of a hundred men by his subtil means . Yelvertons Rep. 142. 143. So for this , Hee hath taken a bribe of forty sh●llings . Yelvertons Rep. 142. Taken Bribes .

But it will not lye for saying of a Steward to a great man of his Courts , and one that hath béen much trusted by him , Hee is a notorious lyer and couzoner , and hath deceived the Parishioners of H. of five hundred pound , Couzener . and I will teach him to couzen mee of my house . Croo. 2. 619.

This Action will lye , for saying of a Steward of a Court Léete , and Court Baron , Mr. Carve hath put a presentment into the Jewries Verdict against mee of three shillings four pence , for suing of Peter West forth Forgery . of the Court , without the consent of the Jewry . M. 4. Jac. B. R. Carves Case .

But this Action will not lye for an Arbitrator , chosen by consent to end a matter of difference betwéen men , That hee is a corrupt man , or that hee Of an Arbitrator . dealt corruptly in the making of such an award , or the like , by Williams Justice . But such words spoken to a Iudge or Iustice of Peace , will give an Action of an Action .

This Action will lye for an Attorney , or Clerk of the Court , or such like Officer , for saying of him at large , or in relation to his office , the Of an Attorny . words in the Cases hereafter following ( that is to say ) for this , Hee is a bribing Knave . Hobb . Rep. pl. 17. Coo. 4. 16. For corruption and dishonesty .

So for this , Hee hath taken a bribe of forty shillings . Yelverton Rep. 143. 412. Hobb . pl. 17. Golsdb . 6.

So for this , Hee is a bribing Knave , and hath taken twenty pound of Bribing . A. to couzen mee .

So for this , His credit is fallen , hee dealeth on both sides . Noys Rep. 10. Mich. 41. 42. Eliz. Co. B. Kings Case . Sect. 7.

So for this , Hee is an Ambodexter . Godb. Rep. 214. Finches Law . 186.

So for this , Hee hath taken mony on both sides in Suits .

So for this , Hee takes mony on both hands in Suits .

So for this , Hee took mony on both sides in a Cause between him and mee . M. 2. Jac. Dawtreys Case . B. R.

So for this , Hee is good Attorney , but hee will play on both sides . Brownl . 1. part Croo. 1. part 166.

So for this , Hee is a paultry fellow , his credit doth begin to crack , hee doth deal on both sides , and deceive many that trust him . But for the last words only , hee doth deal , &c. is the Action grounded . Croo. 1. part last publisht . 914. Noys Rep. 11.

So for this , in the North , Hee is a Daffidowndilly , which there is an Ambodexter . Hetleys Rep. 123.

So for this , Take heed and follow him well , for hee will make you throw your purse over your bosome . Winches . Rep. 40.

So for this , Hee is a base Rascal , and I say , I will make him to lose his ears , and I will teach him , or any Lawyer of them all , to have a Writ served on mee . Leys Rep. 170. 176.

So for this , Hee hath been the cause of the overthrow of a hundred men , by his subtil means . Yelvertons Rep. 142. 143.

So for this , Hee is a false practiser . Pasche . 17. Jac. Moores Case . So ( as some say ) for this , Hee is a false Attorney . So for this , Hee is a couzening Attorney . Hetleys Rep. 140. 141.

So for this , You are a dishonest man in your profession . Noys Rep. 11. 7.

So for this , Thou didst disclose thy Clients Counsel to his Adversary . Trin. 17. Jac. Andersons Case .

So for this , Hee revealed the secrets of my Cause . So for this , Hee did deliver my Evidence to my Adversary . So for this , Hee did disclose my Counsel . Croo. 1. part last publisht . 158.

So for this , You are well known to be a corrupt man , and to deal corruptly . But in this case the words must have reference to his Calling , for if they were occasioned by spéech about him as a Vsurer , or about an Executorship , and his ill dealing therein , no Action will lye for such words . Coo. 4. 14. Finches Law . 186. Godb. 214 Croo. 1. part 196.

It is said , it will not lye for this , Hee is a forger of Writings , and deserveth Forgery . to lose his ears . Nor for this , Hee is a forger of Writings , by which hee hath couzened fatherless children . Winches . Rep. 90. 91. Quere of these Cases . For they import a very foul charge . But it is said , it will lye for this , Thou hast forged the Will of J. S. Huttons Rep. 29. And yet doubted whether it will lye for this , Thou hast forged Writings , for which thou shouldest lose thy ears . Bulstr . 3. part 265.

So for this , Hee hath forged a Sheriffs Warrant , shewing what it was . Brownl . Rep. 4.

But it will not lye for this , He made false Writings . Winches . Rep. 40.

Nor for this , You were cooped up for forging of Writs .

Nor for this , Hee gets his living by false Writs . Croo. 1. part 195. For this Quere . But this Action will lye for this ; If a Suit be betwéen A. Couzening . and B. and B. say to A. Your Attorney is a bribing Knave , and hath twenty pound of you to couzen mee . Mich. 1. Jac. B. R. Yardlies Case .

So for this , Thou didst couzen J. S. of his fee , and I will sue thee for it in the Starr-Chamber . Brownl . 1. part 2. 3. 6. 7. part 2. 253.

So for this , Hee is a couzener , and couzens his Clients in the Sheriffs Court at London , where hee is an Attorney , and was for that cause discharged of that Court . Croo. 1. 190. 192.

So for this , Thou art a false couzening Knave , and hast gotten all that thou hast by couzenage , and thou hast couzened all those that have dealt with thee . Croo. 2. 586.

So for this , Hee is a base Rogue , and cheating Knave , and doth maintain himself , his wife and children by cheating . Croo. 1. 171.

So for this , Hee is a couzener , and hath couzened mee of twenty shillings . Hetleys Rep. 123.

So for this , Thou art a couzener , and hast delivered couzening Bills . Hetleys Rep. 123.

But it will not lye , for saying , He is a Cheater . Hetleys Rep. 139. Croo. Cheater . 1. 139.

It will lye also for this , Thou art a couzening Knave , and gettest thy Sect. 8. living by extortion , and didst couzen one Pidgeon in a Bill of costs of ten pound . But for the last words only , and not for the first words . Croo. 1. part last publisht . 601. 602.

It will not lye for this , spoken to one that is speaking of retaining him , Go not to him , for hee will couzen you . Pasche . 18. Jac. Ratcleifs Case . Croo. 1. 29.

Nor for this , will it lye ( as it is said ) Thou art a false couzening Knave , Words of qualification . and hast couzened my two Kinsmen of their Land , and deservest the Pillory . 26. Eliz. B. R.

Nor for this , Hee couzened J. S. out of his Land . Nor for this , Thou hast couzened J. S. of his fee , and I will sue thee for it in thee Starr-Chamber . Brownl . 1. part 3. 5. 6. 16. 2. part. 253.

And it is said , it hath béen doubted whether it will lye for this , Hee is a base , cheating , couzening Knave , and hath cheated mee as never man was cheated . Croo. 1. 112. 367. But these words séem to others clearly to be actionable .

So it will lye also for this , Hee is a Champertor . Hobb . Rep. 117. Champertor . Barretor . Extortioner . Maintainer of Suits . 359. pl. 145. 351. Coo. 4. 16. Brownl . Rep. 17. Winches . Rep. 481.

So for this , Hee is a common Champertor , and I will have him turned over the Barr. Hobb . Rep. 183.

So for this , Hee is an Extortioner . Hill . 40. Eliz. B. R.

So for this , Hee is a common Barretor . Brownl . and Goldsb . 11. Winchel . Rep. 166. Huttons Rep. 104. Croo. 1. 139. 406. Hobb . Rep. pl. 188. But it will not lye for saying of him , He is a common Maintainer of Suits . Hobb . Rep. pl. 145. Winch. Rep. 40. Forgery .

So it will lye for saying of him , Hee is a forging Knave . Brownl . 1. part 16. Hetleys Rep. 140.

Soalso it will lye for this , Hee is a suborning Knave , or hee is a suborned Knave . So for this , Hee is a perjured Knave . Stiles Rep. 17. Paines Case .

So for this , Hee is an extorting Knave , and did suborn one to be forsworn Subornation of Perjury . before the Lord Chief Justice . 20. Jac.

So for this , Take heed of him , for hee is the falsest Knave in England , and hee will cut your throat . Hetleys Rep. 140.

And so it will lye for calling of him Knave only , as hath béen adjudged Knave . after a Writ of Errour brought . Nichols Case . Stiles Regist. 8. 17. Trin. 12. Car. 1. B. R. Yardlies Case 18. Eliz. 2. B. R. And therefore a fortiori it must lye for saying , hee is a couzening , or a forging Knave , or the like . Yet see the whole Court . Co. B. against it . Croo. 1. last publisht . 601.

So for this , He is a common stirrer up of Suits , and a disturber of the Peace , and so a mover of unjust Actions . Hetleys Rep. 140.

So for this , Thou art a Knave , and stirrest up Suits between parties to their undoing , and 't is pity such persons go unhanged . Croo. 1. 166.

So for this , said to a Client of the Attorney , I marvel you will imploy such a Knave as Nichols is , you will have but disgrace and discredit by imployment of him , for he is a proclaimed Knave in the Market . Croo. 1. part 331. 333.

So for this , He is a base Rascal , and I will make him to lose his ears . Leys . Rep. 70. Sect. 9.

But it will not lye for saying this , of an Attorney , or such like Officer , Cheater . Vipet . Villain . Judas . Brabler . Swaggerer . He is a Cheater , a Judas , a Destroyer , a Viper , a Villain , a common Brabler , a common Breaker of the Peace , and a Swaggerer , all together , or asunder . But if an actionable word be joyned with them , these will aggravate the slander , and so the damages . Hetleys Rep. 140. 139. 143. Huttons Rep. 104. Winches . Rep. 166.

Nor for this , I think thou art no Attorney , but an Attorneys Clerk , and if thou be , I shall have thee pickt over the Bar the next Term , and thy ears nailed to the Pillory . Hobb . Rep. pl. 159.

Nor will it lye for this , Thou art a Usurer ; Nor for this , Thou hast Usurer . plaved the Knave with mee about a Will. Coo. 4. 16.

Nor for this , He is a Recusant . Hetleys Rep. 140. 141. Recusant .

Nor for this , Thou art a flagging Jack , and a Couzener , and wouldest have couzened mee . Hetleys Rep. 140.

Nor for this , I have matter enough against him , for M. H. hath found Forgery against him , and I can prove it against him . Hobb . Rep. 189. 395. Forgery . Incertainty .

Nor for this , spoken to an Attorneys Son , My Father was not cast over the Barre as thy father was Knightlies Case . Trin. 41. Eliz. B. R. Hobb . pl. 145.

Nor for this , Thou gettest thy living by extortion . Nor for this , Thou Extortion . gettest thy living by swearing and forswearing . Croo. 1. last publisht . 603.

Nor for this , I will have him thrown over the Barre the next term . Hobb . Rep. 1. 59. Boxe and Barnabies Case .

Nor for this , He was , or will be picked over the Barre . And yet it is said to lye for this , He was picked over the Barre .

This Action will lye also for an Attorney , or such like kind of Officer , For lack of skill . for these words , viz. Thou art the simplest Attorney towards the Law . Mich. 39. 40 Eliz. B. R. Martins Case .

So for this , He is the foolishest Attorney towards the Law , and if he doth not overthrow your Cause I will give you my ears ; he is a Fool , and an Asse , and so I will prove him . Croo. 1. part last publisht . 589. Goldsb Rep. 128. Hobb . Rep. pl. 117.

So for this , Thou hast no skill in thy office . But it will not lye for saying of him , That he hath no skill in Husbandry , or the like .

But it is said , that it hath béen doubted whether an Action will lye for these words , said of an Attorney , He is a Knave , and a couzening Knave , and did take fees on both hands in a Suit between me and Greene , and by knavery suffered me to be condemned at Ipswich at Greens Suit wilfully , being Attorney for me . See March of Slanders , 1 part 78. But this Case séems to others to be out of doubt Actionable .

So it is said by some , that it will not lye for these words , Thou art the dishonestest Attorney in England , and if any bee more dishonest than thou , he deserves to be hanged , unlesse the words be spoken with reference to his office , or practise , and unlesse there bee an Averment made , that Averment . there is a dishonest Attorney in England . Croo. 1. 29.

And this also is here to be added :

1 That where the words in the Cases before named be Actionable , there will be no need of any special averment of losse . Averment .

2 That where the words be not Actionable in themselves , yet if the party , of whom they are spoken have any special losse by them , they may perhaps be Actionable .

3 These kinds of slanderous words are to bee subject to the Rules laid down in other Cases for other Actionable words , they must be certaine , false , malicious , and not subject to qualification , &c. For if the words bee true , or not malicious , nor subject to qualification by other words , they may not be Actionable .

4 The Attorney ( it séemes ) is to shew in his Suit , that hee was an Attorney at the time of the speaking of the words .

This Action will lye for saying of a Constable , Hee is a concealer of Of a Constable Sect. 10. Felons . Pridhams Case , Pasche . 7. Jac. B. R.

So for this , Thou hidest [ or coverest ] Felonies . So for this , Thou favourest Felons . Stuckleys Case , Pasche . 7. Jac. B. R. and Bondmans Case .

But it is doubted whether it will lye for this , said of such an Officer , Thou art a bribing Knave , and hast couzened the Parish of W. in Rates Couzening of thirty pound . Hetleys Rep. 36.

This Action will lye for over-séets of the poor of a Parish , for these Of Over-seers of the poor . words said of them , viz. of any such Officer , He hath couzened the poor of their bread . March . Rep. pl. 135. 9 Jac. B. R. but some deny this Case , to be Law , but the words have a verbal sound .

So for this spoken in relation to his office , That he is a cheating Knave , and hath couzened the Parish of forty pound . Stiles Rep. 388. Couzening .

So it is said to lye for this , Thou dost make Loanes , Taxes , or Assesments thy self , and makest five quarters in the year , and dost cheat and couzen the Parish . Stiles Rep. 394.

Some say it will lye against such an Officer for these words , He hath Couzened the poor of their money , others deny it , but certainly they have the import of a foule aspertion in them . 9 Jac. B. R.

It will not lye for saying of such a one , Hee is a notorious Lyer and Couzener , and hath deceived the Parishioners of H. of five hundred pound , and I will teach him to deceive me of my house . Croo. 2. 619.

It is said this Action will lye for saying of the Churchwardens of a Parish , Of Church-wardens . such like words as these , of one of them , He hath couzened the poor of their Bread ; or he hath couzened the poor of their Money . But others oppose this . 9 Jac. B. R.

It séemes it will lye for this , spoken of such an Officer in relation to his office , That he is a cheating Knave , and hath couzened the Parish of forty pound . Stiles Rep. 388. 394.

But it will not lye for saying of such an Officer , He is a notorious Lyer , and Couzener , and hath deceived the Parishioners of A. of five hundred pound , and I will teach him to couzen me of my house . Croo. 2. 619.

This Action will lye for a Churchwarden , for this said of him that had made his presentment at a Visitation , Thou hast perjuredly presented me at the Visitation before I. S. official . Croo. 2. 80 , 81. 120.

It wil not lye for these words spoken of a Scrivener , Thou art a Rogue , For a Scrivener . Rogue . Couzener . Cut-purse . Of a Measurer , or Surveyor of Land . and a Cony-catching Rogue , a couzening Rogue , a Cut-purse . Croo. 2. 536.

Nor for this , He made false writings . Croo. 2. 536.

This Action will lye for a Mathematical Measurer , or Surveyor of Land , a Geometrician , or a Mathematician , for any words spoken of him to scandalize him in his Art , Faculty , or Profession , as to say of him , He hath no skill in his Trade , or that he is a cheater in his Trade , or that he is a couzener in his Trade , or that he is a cheating Knave , and that I can Cheater . prove . But this must be for a man that is learned , and doth his work by his Art , for if the words be spoken of one that doth measure by the poll only , it seems they are not Actionable . Goldsb . Rep. 278. Hill 16. Jac. B. R. Londons Case . Croo. 2. 504. It will lye also for a Surveyor or measurer Couzener . of Land , that gets his living by it , for these words said of him , Thou art a couzening and shifting Knave , and a cheating knave . Croo. 2. 504.

This Action will lye for saying of a Commissioner , that hath a Commission Of a Commissioner . Sect. 11. to examine Witnesses , and to hear and determine a matter in Chancery , That he is a corrupt man , or that he hath taken bribes of R. K. and for saying after , King hath set Sir George Moore on horse-back with bribes , whereby to defraud Equity , Justice , and good conscience ; and Popham took no difference to bee , where the Commission is to one , and where to many , and where the Commissioners bee named by the Court , and where by the Parties , or either of them , Sir George Moore , and Fosters Case . So likewise for Commissioners that have a Commission to examine witnesses out of the Exchequor .

And it is adjudged to lye for this said of a Commissioner , that had a Commission out of the Exchequer to examine Witnesses , That he had returned as the Depositions of Witnesses into the Exchequer , the Examination of divers who were never sworn . Croo. 1. part last publisht . 623.

This Action will not lye for the Mayor of a Town , for saying of him , That he hath couzened all the Town . 8 Car. B. R. Mayor of Tivertons Of the Mayor of a Town . Case .

This Action will lye for a publick Weigher in a Market , Fair , or Town , Of a publick Weigher in a Town . that is a publick Officer there , for these words , That he hath done corruptly ; of that hee hath taken bribes to make false Weights , or the like , by Williams Justice .

This Action will not lye , for saying of a Bayliff , That hee had made no Of a Bayliff . true Accompt . Bulstr. 2. 218.

This Action will lye , for saying of A. B. Clerk to the Company of Merchant-Taylors Of a Clerk of a Company . in London , these words , Before A. B. came to the service of the Merchant-Tailors , hee dwelt in Shrewsbury , and setthe Town together by the ears , and so long as hee was there , they were never in quiet , but afterwards they lived quietly , and he being Clerk to the Merchant-Tailors , was of consent and counsel with W. G. to deliver the Books of the Corporation which hee had in his keeping , to the intent that thereby some of the Lands of the same Corporation might be found concealed . Croo. 1. part last publisht . 358.

But if one shall say of another ( that is an Officer ) without any precedent Communication about his Office , Place , Trust , or Profession . That Couzening . Incertainty . hee is a couzening and cheating Knave ; or that hee hath couzened and cheated any man thus , and thus ; this is so general and incertain , that no Action will lye for it . March . of Slanders . 1. part 72. 73.

Out of all which Cases touching Officers , and such like persons imployed as in the Cases before , That hée that will charge a man for words spoken against another , for any thing tending to defame him in his office or place of Trust , these things must be in the Case .

1 The words must be spoken of him generally , and then will be by construction of Law intendible , as spoken to , or of him in relation to it , or they must be spoken with expresse reference to his office , or place , and imployment ; for if they be spoken occasionally , about another subject , they may not be actionable .

2 The Plaintiff that sues , must set forth that hée was such an Officer at the time of the words spoken , or otherwise regularly the Action will not lye ; for it will not be sufficient to say , that hée had béen such an Officer , &c. But it is not néedful for him to say , that the hearers of the words did at that time know him to be such an Officer .

3 The words must be subject to the general Rules of all other actionable words ; they must be certain , false , malicious , &c. And yet if they fail to be actionable by any of these defects , if they occasion any special damage to him , of whom they are spoken ; they may be actionable , albeit they be not so of themselves .

4 It is said , that in Actions for Slander , of this nature , that there must be a special Averment of some damage by the words , and that otherwise they will not be actionable : But it séems , the Law , and common practice is otherwise ; and it shall be presumed to be a losse , and therefore néed not to be averred . Howbeit , it is doubtlesse the sure and safe way ( if the Case will bear it ) to alledge a particular damage , and it is usual so to do , for merease of damages . March . 59.

5 That the same actionable words , when spoken of a man in Office and Trust , &c. spoken of another man out of this Office , or place of Trust , or of a man in Office , without any reference to it , may not be actionable . Hobb . Rep. pl. 35. 93. 104. 351. Croo. 1. part 97. Bulstr. 1. part 36.

CHAP. XXI . Of Scandalous Words that relate to men in their Trade , and Way of Living .

THere are other scandalous words , that have reference to men in their Sect. 1. way of Trade , and that whereby they get their livelihood . And this lyeth especially in thrée things .

1 When any thing shall be said of them to disparage their credit , as to their estate , as when they shall be said to be Bankerupts , or the like .

2 When any thing is said against their honesty , and Iustice in their Trading , as when they shall be said to cheat in things , or in weight , or measure in their buying , and selling .

3 When any thing shall be said to disparage their skill in their Trade . But it may be in some other particulars , and wherein soever it is , that any man is damnified by such talk , hée must have his remedy by this Action .

It is therefore agréed , that this Action will lye , for saying of a Merchant , 1 To disparage the estate . Mercer , Grocer , Shoomaker , Dyer , Weaver , one that doth buy and sell Wooll by Retail , a Grasier , one that doth trade for Lead in any County , and gets a living by it , a Corn-Master , or Baker in London , a Country Farmer , that doth buy and sell , and live by it , a Millener in London . Or to say of any other Tradesman that liveth by buying and selling at present . or did so very lately , and doth so usually . To say of any such kind of man , That he is a Bankerupt . Noys Rep. 158. Huttons Rep. 49. Bulstr. 1. Bankerupt . part 267. Coo. 4. 19. Stiles Rep. 75. Croo. 1. part last publisht . 268.

Or , Hee is a Bankerupt Knave . Bulstr . 2. part 210. Dyer 72. Croo. 1. part last publisht . 911. Bulstr. 1. part 110. And yet some have doubted of this . Hutton . Rep. 13. 14.

Or , He is a Bankerupt Rogue . Godb. Rep. 152. Croo. 1. 21. Huttons Rep. 52.

Or , hee is a Bankerupt Scrub . Stiles Rep. 75.

Or , hee is a Bankerupt Slave . Croo. 2. 58. Popham . 184. Hutton . 13. 14. March . of Slanders . 2. part 2.

Or , hee will be a Bankerupt within two daies . Dyer . 72. Coo. 4. 19.

And yet it is said , it will not lye for these words spoken to a Tradesman , Thou art a Bankerupt Knave , or a Bankerupt Rogue , where they have relation to something else besides his Trade . Stiles Rep. 420.

So it is said , that this Action will lye for this , Hee is a Bankeruptly Knave , and cannot be trusted in London for a Groat . Godb. Rep. 151. But for calling of one Bankeruptly Knave alone , this is doubted . Croo. 2. 345. 578.

So it will lye for this , I will prove that hee hath been Bankerupt , and hath agreed with his Creditors for a Noble in the pound , and I will prove it . Hill . 3. Jac. B. R. Edmonds Case .

So for this , I will prove thee a Bankerupt .

So for this , I shall prove thee a Bankerupt by such a time . Croo. 1. 193.

So for this , Hee is gone , and dares not shew himself for Debt , and hee is a Bankerupt for ought that I know . Stiles Rep. 130.

So for this , Hee is a Bankerupt , and fled beyond the Sea for mony , Trin. 9. Jac. B. R. Trulocks Case .

So for this , Hee is not worth a Groat , hee is a hundred pound worse than nought . Croo. 1. 193. 231. Huttons Rep. 125. Bulstr. 2. part 267. Croo. 2. 578. yet this is doubted by some . See afterwards .

So for this . Hee came a broken Merchant from Dale .

But it will not lye for saying , Hee was a poor man within this seven years , for hée may be sufficient now , notwithstanding this . Croo. 1. 123.

So it will lye for this , Hee is a Bankerupt , and not able to pay his Sect. 2. Debts , but will run the Country . Huttons Rep. 46.

So for this , He is a Bankerupt , and I will drive him out of the Country .

So for this , What art thou ? a Bankerupt , and wast a Bankerupt . Croo. 1. part last publisht . 273.

So for this , Thou dost owe more than thou art worth , and art not able to pay thy Debts . Stiles Rep. 213.

So for this said of a Merchant , or the like . Hee is broken . Hill . 17. Jac. B. R. Johnsons Case .

So for this , Hee is a poor fellow , and not able to pay eleven shillings in the pound , and not able to pay his debts . Stiles Rep. 273.

So for this , Thou art a base beggerly Rogue ; and not able to pay thy debts . Stiles Rep. 217.

So to say of such a one as doth merchandize for Lead in any County , and get his living by it , hee is a Bankerupt , and beggerly Gentleman . Bulstr . 1. part 41. Huttons Rep. 40.

So for this , said to a Corn-Master and Baker in London , Thou art a broken fellow , and hast cheated mee of two hundred pound . Stiles Rep. 429.

So for this , said of a Farmer in the Country , that doth buy and sell , and get his living by it , You are a begger and bankeruptly fellow , and if every one had his own , you are not worth a groat ; with an Averment , that thereupon his Landlord turned him out of his bargain , or hée had any special losse .

So for this , said of a Millener in London , Thou art in a breaking and decayed condition , and I will prove it ; and if you question mee , I will prove it to your disgrace . Stiles Rep. 425.

So for this , said of a Merchant , that is to have a Trial at Guildhall , Hee is broken [ Innuendo hée is not able to pay for the wares hée bought ] and I warrant you hee dares not be at the Trial at Guildhall . Croo. 2. 562.

So for this , said of a Merchant , Thou art a Rogue , and a beggerly fellow , and I shall prove thee a Bankerupt before the next Term. Croo. 1. 171.

So for this , said of a Grocer , He is a beggerly fellow , and not able to pay his debts . Croo. 1. 339. Croo. 1. last publisht . 643.

And yet it is said , it will not lye for this , Hee is a base broken Rascal , and hath broken twice , and I will make him break the third time . But to say , hee will break the third time , may be more dangerous . Noys Rep. 77. Bendloes Rep. 170.

Nor will this Action lye for saying of an Attorney , Farmer , or other man that is no Merchant , or other Tradesman , that lives by buying and selling , hee is a Bankerupt . March . 8. Croo. 2. 424. Goldsb . 84. Finches Law . 186. Bulstr. 1. part 40. Jenk . Cent. 7. Case 70. Huttons Rep. 13. 14.

Nor for this , said of a Merchant , or Tradesman , Trust him not , for hee will be thy undoing . Nor for this , said of a Tradesman , hee is a beggerly fellow . Croo. 1. 171. Nor for this , I will sue out a Commission of Bankerupts against J. S. Nor for this , said to a Wooll-winder in London , or elsewhere ; Nor of a Tailor , or Fuller , hee is a Bankerupt . Popham . 185.

Nor for this , Thou art an arrant Knave , for thou hast couzened all Coventry . Cozening . Bulstr. 1. part 162. 163. Nor for this said of a Merchant .

This Action will lye for saying of a Shoomaker , Hee is a Bankerupt , and hée did set forth , that hee was a Shoomaker , and did use buying and selling of Leather . Croo. 1. part last publisht . 208.

Nor for this said of a Merchant , Doth hee owe you money ? get it quickly , and take heed how you trust him . Croo. 1. part last publisht . 541. Trin. 36. Eliz. Vaspicks Case .

Nor will it lye ( as it is said ) for this , said of a Dyer , Thou art not worth a great ; Albeit hée aver , that the spéech in the Country where it was spoken , be as much in the sense thereof there , as , thou art a Bankerupt . Pasche . 15. Car. B. R. Axe & Moodes Case . For his credit may be good , albeit hée be worth nothing . And yet if a man have any special damage by such words , with an Averment of it , hée may maintain the Action . Yea , it séems there are some Iudgements , that the words themselves , Thou art not worth a groat , are actionable . See before . Croo. 1. 193.

If one be but a Merchants Apprentice , and hée doth Merchandize for another man , and be called Bankerupt ; or if one have béen a Merchant , and hath given it over , and a man call him Bankerupt ; in either of these Cases the Action will not lye . And yet if in the last Case , hée have resumed his Trade again , and then be called so ; in this Case the Action will lye . Noys Rep. 33. Bulstr. 1. part 267.

This Action will lye for saying of a Merchant , Mercer , Grocer , or any 2 To disparage his honesty . such like Tradesman , That hee doth buy and sell by false weights and measures ; or by false weights , or measures . But to charge another man so , that is no Tradesman , is not actionable . Mich. 15. C●r . 1. Co. B. March . Rep. Sect. 3. pl. 119. 197. Hobb . Rep. 93. Pasche . 17. Car. 1. Pains Case .

Nor to say of a Tradesman , That he keepeth false weights and measures in his house ; this is not actionable , for perhaps hée doth never use them , nor know of them . March . Rep. pl. 197. Hill. 6. Eliz. Co. B.

And yet to say , Hee keeps false weights and measures , by which he Deceit . doth couzen the Country , it séems , will be actionable . So it will lye for this , Thou dost keep , and sell by false weights , and in four and twenty shillings bestowing , thy weights were false two ounces , and I will prove it . Brownl . 1 part 4. 5.

So it will lye for this , said of a Merchant , Hee is a cheating Knave , and hath cheated his Father , by returning twenty pound for wares , &c. Croo. 1. 398. Stiles Rep. 388.

And yet it hath béen said to be resolved not to lye for a Whéelwright , for these words said to him , Thou art a Couzener , and hast couzened mee of a pair of Wheels . Hetleys Rep. 123.

This Action will lye for saying of a Goldsmith , and one that gets his living Couzening . by buying and selling of Chains , and the like wares , Thou art a couzening Knave , for thou hast sold mee a Saphyr for a Diamond . Croo. 3. 171. Hill. 32. Eliz. B. R. But it will not lye for saying these words of a Tailor , He is a couzening Knave , for he hath sold mee a Chain for Gold , that is but Copper , and he is a couzening Knave upon Record , and hath been imprisoned for couzening . Croo. 2. 171. March . of Slanders . 2. part 2.

So it will lye for this , for saying of a Farmer , that doth use to sow his Land , and sell the Corn upon it , and by this to maintain his family , he keeps Couzening . a false bushel , by which he doth couzen and cheat the poor , and that by this he lost his custome , &c. Pasche . 17. Car. 1. Co. B. Mirch . Rep. pl. 192.

To say of a Brewer , he maketh and selleth bad Béer , or of a Baker , hée selleth naughty Bread , is actionable , if the partie of whom it is said hath any losse by it . Mich. 15. Car. 1. B. R.

So to say of a Brewer , My Mare doth piss as good Beer as hee doth brew ; this is said to be actionable , if hée suffer any losse by it . March . 60. Dykes Case . But otherwise not , for the words are insensible and impossible , and therefore not actionable , but by reason of the especial damage . Mich. 15 Car. 1. B. R.

Nor will this Action lye for these words , said of a Merchant , Hee is a couzening Knave , March . 8. 9. and yet if it be spoken with reference to his Couzening . trade , it is questionable . Palche . 15. Car. B. R.

Nor for this , He came to D. with a blew Coat on his back , but hath now gotten much wealth by trading with Pirats , couzening in the trade of Pilchars , and by extortion . Bulstr . 2. part 216.

Nor for this , said of an Alderman and Merchant , Hee is a false Knave , and keepeth a false Debt-book , and chargeth me with the receipt of a peece of Velvit , which is false . Croo. 1. part last publisht . 403. Hill 37 Eliz. B. R. Brooks Case .

If I have a Bayliff on my Farm , that doth buy and sell my Corn there , Sect. 4. and by my service herein he hath his livelihood , and any one shall charge him with any deceipt herein , whiles he is in the office and imployment , he may Servant to deceive his Master . have this Action , but not after he is out of the imployment . Hobb . Rep. pl. 9. Winches-Rep . 40. March Rep. 190. 197.

This Action will lye for any servant that shall bee by such words Servant . charged to couzen or deceive his Master ; as to say , A. doth defraud [ cozen , or cheat ] his Master , and will undoe him . If the servant have any special losse by it . Pasche . 15 Car. 1. B. R. March of Slanders . 1. part 99.

This Action will lye for saying of an Inne-kéeper , No man cometh to Inne-keeper , Alehouse-keeper , &c. his house but he couzeneth him . Hetleys Rep. 123.

And yet it is said to be adjudged not to lye for these words , spoken of a Butchers Wife , who doth use to sell meat in her Husbands absence . That shee is a couzening Woman , and hath couzened one of her Neighbours Couzening . of four pound , and I will prove it . Huttons Rep. 14.

So for this , said of a Co-partner in Trade , You are a couzening Knave , and did couzen me of one thousand two hundred pound at one time , and that was in making an Accompt in the year one thousand six hundred forty eight . Stiles Rep. 388.

So for this , said of a Brasier , Thou hast couzened me in a Pan. Stiles Rep. 364. Pasche . 7. Jac. B. R. And so by the same reason it séemes it will lye against any man , that shall charge any other Tradesman with couzening another in his Trade .

This Action will not lye for saying of a Merchant , He is a very Varlet , Varlet . Hypocrite . and seeks to suppresse his brothers will , hee makes a shew of Religion , hee is a very hypocrite . Pophams Rep. 148.

Nor for this , Thou art a Cheater , and hast cheated my husband of Cheater . five hundred pounds . For the words doe not refer to his trade . Croo. 1. 301. Brownl. 1. part 4. 16.

Nor for saying of any Trades-man in London , Thou art a Cheater , and hast cheated I. S. of five hundred pounds , unlesse it be spoken of , and applied to a cheating in his Trade . Croo. 1. 101.

Nor for this said of any Trades-man , He hath deceived me in a reckoning for Wares , and his Debt-book which hee keepeth in his Shop is a Deceit . false book , and I will make him ashamed of his calling . Brownl . 4. Gold . Rep. 242.

Nor for saying of a Merchant , He keeps a false Debt-book . Winches . Rep. 40. Croo. 1. part last publisht . 403. But to say of him , He deceives men by buying and selling , may be actionable . Winches . Rep. 40.

Nor will this Action lye for this , said to a Merchant , Trust him not , he will be thy undoing . Croo. 1. 171.

Nor for this , said of such a man , He is a Couzener . Croo. 2. 204.

This Action will lye for this , said of a Trades-man , to one that is about to place his Son with him , Put not your Son to him , for hee will starve him to death . Hetleys Rep. 71.

So for this , said of a Taylor , and frée-man of a City , He hath cheated in his Trade . Irelands Case , Trin. 15 Car. 1. B. R. Hetleys Rep. 123.

This Action will lye for saying of some Trades-men , They have no 3 To disparage the skill . Sect. 5. skill or understanding in their Trades , as to say of a Taylor , Carpenter , or such like trades-man , He hath no skill in his trade , it séemeth clearly to be actionable . But this said of a Mercer , or some such like Trades-man , that may use his trade by one that hath skill , may not be actionable .

So to say of a Baker , He knoweth not how to bake , or hee doth not make good bread ; or of a Brewer . He cannot , or doth not brew good Drink , and the like , this must needs bee Actionable ; so to say of such a Trade-sman , Hee wants skill , or care about his trade . And yet to say of any such man , He had no skill within this few years , may not bee actionable , for he may have enough at this time . Croo. 1. 231.

If one shall say of an Inne-kéeper , Victualing man , or such like man 4 Or otherwise to prejudice him of whom they are spoken . Inne-keeper , &c. Infectious disease . Averment . or woman , that kéepeth a common house , That hee [ or she ] hath in his , [ or her ] house , any great or infectious Disease , as the Plague , Pox , or the like , and thereby he or shée lose their Guests , or suffer any special damage , they may have this Action , otherwise not ; and yet it séems the Action is maintainable without Averment of any special losse . Coo. 4. 14. 17. Pophams Rep. 36.

So to say of such a woman , Inne-kéeper , &c. Shee is a pockey Drab , doth wear a Scarf to hide her blanches in her neck , it is a pockey houshold ; it séems is actionable . Trin. 9. Jac. Ludmans Case . Stiles Rep. 112. Hetleys Rep. 70.

But this Action will not lye for such words spoken of another that is no Inne-kéeper , That pockey Drab doth wear a Scarf about her neck to hide her blanches , I will not eat with her for ten pound . And yet it there be spéech of the French Pox , and therein the words be spoken , they may be the more dangerous .

So it will lye for this , said of such a man , He doth keep a Bawdy-house , Coo. 4. 14. 17. Bulstr. 1. part 138. 27 H. 8. 15. Keep a Bawdy-house .

So to say of an Alehouse-kéeping Woman , Hang thee Bawd , thou art worse than a Bawd , thou keepest a house worse than a Bawdy-house , and thou keepest a Whore in thy house to pull out my throat . Hughes Rep. 40.

So to say of an Inne-holder , That he hath buried divers in his Garden , that dyed in his house of the Plague . Regist. orig. 173.

But this Action will not lye , for saying of a Carrier , He is a common Barretor . Barretor .

Nor for saying of a Cooper , He is a Varlet , and a Knave , and a false knave . Hobb . Rep. pl. 188. Croo. 2. 104. 1. part last publisht . 403. Varlet .

Nor for this , Thou art a branded Rogue , and a Rogue by the Statute . Branded Rogue Croo. 2. 204.

This Action will lye for saying of a Physitian in reference to his Of a Physicia or Dhirurgion . profession , He is a Mountebank , a base fellow , and an Emperike . Hughs Rep. 441. Pasche . 12 , Car. B. R.

So for saying , He hath no learning nor skill in Physick , 7 , & 8. Car. Sect. 6. B. R. So for this , He is a drunken fellow , a fool , and an asse , and was never a Scholar , nor able to speak like a Scholar , is no Scholar , or hath no learning , in general without referring it to his office ; But if the words be spoken with reference to his office , they are the more unquestionably Actionable , Croo. 1. 196. 197. Godb. Rep. 441. So to say , Goe not to such a one for Chyturgery , for hee hath no skill in Surgery . Hetleys Rep 70.

So it séemes to lye for this , spoken of a Chyrurgion , and of one Matthews he lately had in cure , Thou didst kill Mr. Matthews , thou didst kill him , and if he say for lack of skill , then is the Case more clear . Hetleys Rep. 69.

But say of him , He hath killed A. ( now dead ) with Physick , a Pill , Of a Midwife . and the Vomit was found in his mouth , and Doctor A. and Doctor B. found it ; so , and it is true , is not Actionable , albeit it bee averred the Doctors never found it so . Croo. 1. part last publisht . 620.

This Action will lye for saying of a Midwife , Many have perished for her want of skill . Croo. 1. part 153.

So for this , Thou art a Witch , and wert the death of the child of I. S. at whose birth thou wert Midwife . Trin. 21. Jac. B. R.

And to all this , wee have said of these last kinde of Slanders , wée must Sect. 7. add these things .

1 That hée that brings an Action for this Slander , he must in his Action brought , set forth himselfe to bée a Merchant , Mercer , Baker , or of some one Trade or other in certain ; and it will not bée sufficient for him to say hée was a Tradesman in general , for no other man can have this Action , Stiles Rep. 420. 426.

2 That hée must set forth , that hée is a common Tradesman , as a common Baker , or the like , and not a Baker for a time only . Huttons Rep. 49.

3 That hée must set forth , hee was such a Tradesman at the time of the speaking of the words ; and yet a Declaration saying that the Plaintiff , fuit Mercator per magnum tempus , not saying hee was so at the time was held good . Croo. 1. part last publisht 273. Bulstr. 1. part 36.

4 That a man may not justifie the calling of another Bankrupt , because hée was once a Bankrupt , unless hee bee a Bankrupt at the time hee calls him so . Croo. 2. 578. Coo. 4. 17. 18.

5 That the words bée spoken with reference to the Trade , or that bee general and relative words to the Trade , that must bée so understood , as Bankrupt , or the like , for being spoken of another thing , they will not bée Actionable .

That in many of the Cases before , for words that are not Actionable , yet if the party of whom they are spoken , have any special losse by them , the words may happily bear an Action .

6 That in Cases of words Actionable , there must bée ( as some say ) in the Declaration an Averment of some special losse , that the party of Averment . whom the words are spoken , hath sustained by them : But it séems the Law , and the Common practise ( at least ) in some of the Cases , is otherwise , howsoever if the Case will bear it , it is best so to do . March . Rep. 96. Brownl. 1. part 10. 13. 2. part 100. 129. Croo. 1. 100.

7 That this Action for such kinde of words as these , is to bee subjected to the general Rules of other Actions for Slanderous words , viz. they must bee false , malitious , certain , &c. For if they bee true , or not malicious , or subject to such a Qualification by other words , as they may possibly bee , they will not bee Actionable at all .

CHAP. XXII . Of an Action of the Case for a Conspiracy .

A Conspiracy ( strictly taken ) is where two or more persons do purposly and maliciously , conspire and labour together falsly , and unjustly , What it is Sect. 1. without any ground at all , to indict another for some Treason , Felony , or other offence ; and after hée which is so Indicted , is upon that Indictment after a lawful tryal , purged and acquitted ; in this Case , and for this wrong , as hee may have other remedy , so hee may have remedy by an Action of the Case , wherein the Plaintiff shall recover damages according to his harm . Coo. 9. 56. F. N. B. 114 , 115 , 116.

The word Conspiracy , and the writ of Conspiracy , is sometimes taken more largely ( to wit ) for any agréement , or combination betwéen others , to vex and molest mée in any vexations Suit whatsoever ; in which Case the Law gives mée a remedy by this Action , to which wee may happily say more hereafter .

It two , or more , do falsly , and maliciously , Conspire to indict , or appeal Where , and in what Case this Action will lye for a Conspiracy , or not . And how . another of any offence against any Law , as Treason , Felony , Barretry , or the like ; and after hée that is so indicted is acquitted , this writ lyes for him . Coo 5. 56. F. N. B. 114. Bendloes Rep. 152. Yelvertons Rep. 161. Bulstr. 3. part 271. Bendloes Rep. 138.

And this Action is given to the party indicted , as well for the scandal that both grow to him thereby , as for the trouble which may befal him , by reason of the preferring of the Bill of Indictment against him . Stiles Rep. 10. 11. Croo. 1. part last publisht 564. 724. 725.

But for the opening of this point , these things are to bee known , that in all Cases where this Writ of Conspiracy shall bée maintainable , there must bee these things in the Case .

1 This lyeth as well upon an Indictment for Treason , as upon an Indictment for Felony ; and other matters . Bulstr. 2. part 271. 272.

But it will not lye for an Indictment of Trespas . Stiles Rep. 157. 424.

2 There must bee two or more in the Plot , for the Writ of Conspiracy will not lye against one man alone , nor against a man and his wife ( who are but one person in Law ) unless the Writ say that they Simulcum It must bee by two or more persons . others did the thing . And hence it is that if the Suit be begun against divers , and all but one of them are discharged of it to all intents , as being acquit by verdict , hereby hee is discharged also . F. N. B. 114. 116. 18. Ed. 1. Broo. Consp. 21 Bendloes 138.

But if the Writ bee brought against two , and one of them doth barr the Plaintiff by a Demurre in Law , or one doth appear and plead , and his plea is found against him : in these Cases the other is not discharged but the Plaintiff shall recover , though the other be not attainted : And yet in this Case hee may perhaps refuse to answer without the other ; Or if all the Conspirators but one bee dead ; there the Writ may bee had against him alone . F. N. B. 116. 114. 40. Ed. 3. 19. 38. Ed. 3. 3. 35. H. 6. 14. 24. H. 6. 25.

But an Action of the Case in the nature of the writ of Conspiracy will lye against one . Croo. 1. part 173. Bulstr. 3. part 271. and 1. part 185. Godb. 76. Croo. 1. part 173.

3 The party that brings this Writ of Conspiracy , must be indicted , arraigned , and acquitted , for a purpose , or intent without the Act , ( however in some cases it was punishable in the Starre-Chamber ) yet it is not punishable by our Law . And therefore this Action will not lye for a Plot , or Preparation , without an execution of it . Non officit conatus , nisi sequatur effectus . Coo. 9. 56. F. N. B. 114.

4 The proceeding , and prosecution in question , must be voluntary , and not compulsory . And therefore neither this Action , nor an Action of the Case Sect. 2. in general , will lye against a man that 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. ●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 corpor●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. Cou●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 danger of this Action . But if when hée shall so do , hée knows there was no Robbery done , it is dangerous . Goldsb . and Brownl. 9.

11 The Iudictment must be preferred before the Iudge that hath power to take it , or else no Action will lye for it . Croo. 1. part last publisht . 125.

But upon all this , there may séem to arise a Question ; If in any Case where the party prosecuted is guilty of the offence for which hée is prosecuted , be there never so much of malice in it . Whether for this , this Action may lye , or not against the Prosecutor ?

If the offence about which the Prosecution is , be Treason , or Felony , it should séem no malice shall be said to be in this , to make the Prosecutor liable to Action , if the party be guilty of the offence . But if the offence be only Barretry , or some small matter , and the party be guilty , there may haply be so much of malice in the Prosecution , as to make him liable to this Action . Yet see Bulstr. 3. part 331. Just. Crooks opinion otherwise in this . Bulstr . 1. 185.

In all Cases , where the practise , or procurement , being by two , or more , Where , and in what case the general Action of the Case in the nature of a Writ of Conspiracy will lye against one man . Or not . And how . Sect. 4. will give cause or ground for a Writ of Conspiracy , there , if the same thing be done by one alone , a general Action of the Case , in the nature of a Writ of Conspiracy , will lye for it ; so that if one man only do falsly and maliciously cause another to be indicted for Felony , Barretry , or the like , who is thereupon acquitted , as Action of the Case , in the nature of a Writ of Conspiracy , lieth for it . Hobb . Rep. pl. 11. 350. March . 130. Pasche . 7. Jac. B. R. Marsham versus Pescod . 41. 42. Eliz Co. B. Sheringtons Case . Croo. 2. 193. 32. Bulstr. 3. part 331. Croo. 1. part 123. Croo. 1. part last publisht . 563.

And for the opening hereof , these things are to be known ; That in all Cases where this general Action of the Case against one man shall be maintainable , there must be these things in the Case .

1 There must be somewhat done and acted , for the Action will not lye upon a plot , or purpose only . And yet it is not néedful in this Case , that there be so much done , as there must be in the Writ of Conspiracy . For in this case , if one do but procure another to be arrested , brought before Iustices , examined , or imprisoned for a Felony , and hée be never indicted for the Felony ; it séems that for this only without more , this Action will lye in this Case . Coo. 9. 56. 57. Coo. 4. 14. 15. F. N. B. 114. 116.

2 It must be false , and malicious ; For if the thing be true , for which the Prosecution is , and there were probabilis causa , for what was done ; no Action will lye for this . And therefore it is held , That no Action will lye for prosecuting another in a legal way and course of Iustice ; as for giving of evidence in any Court against an offender , or for petitioning of a Iudge to have the Good Behaviour , or the like . Bulstr. 2. part 269. Croo. 2. 193. And so , as it is in the Cases before of a Conspiracy , it is in most things in this Action also .

3 In this Case the Plaintiff hath not néed to set forth in his Writ , that hée was legittimo modo acquietatus , as hée must in the Writ of Conspiracy . Pasche . 3. Jac. B. R. Marshams Case .

Nor is it necessary in this Case , that the Prosecution be to an Acquital by verdict . For if the party do only charge him with a crime , and cause him to be arrested upon it , and go no further , hée may have this Action for the doing of so much , and no more . Coo. 9. 55. Croo. 1. 223. And yet see Godb. 76. Croo. 1. 173. Hughes page 52. Where it is said , that this Action will not lye , no more than the Writ of Conspiracy , unlesse hée shew in his Declaration , that hée was upon a Trial legittimo modo acquietatus . But the contrary hereof séems to be the Law herein . Croo. 1. 197. 201. Coo. 9. 55. And in 3. Jac. B. R. Markam and Pescods Case .

It is said to be agréed , that a Writ of Conspiracy will not lye , but where the Plaintiff is legittimo modo acquietatus . And yet that if one prosecute another to Indictment , and Imprisonment , falso & malitiose , and go no further , that for this , the party prosecuted may have this Action , both for the Slander and vexation both ; for hee is legittimo modo acquietatus , by the not prosecution . Goldsb . 51. Hughes Rep. 54. Croo. 1. 223.

4 But in this Case , there need not bee , as there must bee in the Writ of Conspirary , two or more in the Conspiracy , for this general Action of the Case , in the nature of a Conspiracy , will lye against one only . Godb. Rep. 76. Croo. 1. 173.

5 It may , out of this , appear to bee a safer way in these Cases , for a man that hath suffered such an injury , rather to bring the general Action of the Case , than the Writ of Conspiracy for his releif herein .

It will be a good Plea in Barre of this Action , to Plead an accord with Execution , betwéen the parties . 21. H. 6. 28. What shall bee said a good plea in Barr● , in this Action . Sect. 5.

So to shew that the Iudictment , upon which the acquittal was , was erronious , notwithstanding that the party indicted did not take advantage of it . Croo. 9. 26. 9. Ed. 4. 12. Bridgmans Rep. 132. Dyer . 286. 34. H. 6. 9.

So to say , that there is no such Record as the Plaintiff doth set forth . 9 H. 6 , 26. Croo. 2. 32.

So to shew any of the things before set down , that it was done by compulsion , in pursuance of their oath , as Iudges , Iurors , and the like . 20. H. 6. 5. Croo. 1. part last publisht 724. 725.

So that one hath had his goods stoln , and found them in the Plaintiffs possession , and that hee had other causes to suspect him , complained to a Iustice , who bound over the Plaintiff to appear , and the Defendant to prosecute . Bulstr. 2. part 284. 285. Croo. 2. 193.

And if the Defendant hath any of these or such like thing in his Case , Caution to a Defendant . it will bee his wisdome to plead it specially , and not to plead , not guilty . Leonards Rep. 107.

But it is no good plea to say , that the Plaintiff was guilty of the Felony whereof hee was so acquitted , or that one of the Defendants is dead since the Writ brought ; or that the Record on which the Action is grounded , is , that the Plaintiff and divers others besides him were indicted therein . 18. Ed. 4. 1. 9. Ed. 4. 23.

Case 1.

1 One brought an Action in the nature of a Conspiracy , against another , Some Cases for illustration and confirmation , of the things before laid down about a Conspiracy . Sect. 6. for procuring him to bee indicted for the Ravishment of his Daughter , and the Defendant ( her Father ) shewed that his Daughter complained of it to him , and hee to the Iustice of Peace , who bound the one to appear , and the other to prosecute at the Gaol-delivery , where hee preferred a Bill of Indictment , and gave evidence , &c. And this was held a good plea and excuse , without saying , that there was a Rape ; But if the Plaintiff had set forth , that there was no Rape , and that the Defendant knew there was none , haply the Action might have béen maintainable . Croo. 2. 193. Coxe versus Wirral . The like Case is , Croo. 1. 130. Markams Case . And the like in Bulstr. 2. part 286.

Case 2.

2 Doggatee vers . Lawry . B. R. Croo. 2. part 190. This general Action of the Case , was brought against the Defendant , for , that hée did falsly , and maliciously accuse the Plaintiff of a Felony , and caused him to be brought before a Iustice of Peace , and procured him to binde the Plaintiff , to appear at the Gaol-delivery , and there put in a Bill of Indictment against him , which was found not true , &c. The Defendant pleaded , that hee had Shéep stoln , and missed others , which were found in the Plaintiffs possession , going with twelve Shéep that were stoln , &c. And the Iewry upon the tryal , found him guilty , and hee had Iudgement , and could not get it staid , because the Declaration laid to bee false and malicious , and the Iewry found it also to bee so .

Case . 3.

3 Huttons Rep. 49. Hord versus Cordery . The Plaintiff brought an Action of the Case against C. the Defendant , and B. his Wife , and D for a malicious confederacy , to charge the Plaintiff with the Felonious Rape of the said D. and procured him to bee examined before a Iustice of Peace , and thereupon was bound in a Recognisance to appear at the general Sessions , and from thence bound over to the Assizes , and there they Indicted him , and hee was acquitted , and hee averred that hee did not ravish her : And adjudged for the Plaintiff after a Writ of error , and twenty marks costs given for his delay .

Case 4.

4 Leonards Rep. pl. 146. s . 107. An Action of the Case of this nature was brought by Joan Jerome against Knight , and shee declared , that Knight had maliciously caused the Plaintiff to bee Indicted of Felony , and to bee Arraigned upon it , and that shee was legittimo modo acquietatus , &c. And the Case was this , that the Defendant came into the Court where the Sessions was held , and complained of the Plaintiff for the said Felony , for which the Iustices commanded her , to cause an Indictment to bee drawn ; and the Plaintiff had Iudgement and could not avoid it by a Writ of error .

Case 5.

5 Smith versus Crashaw and others . B. R. M. 1. Car. 1. Croo. 1. 10. The Plaintiff brought his Action of the Case in nature of a Conspiracy against the Defendants , for that they had at T. &c. falsly and maliciously accused him of Treason , caused him to bee apprehended , brought to a Iustice , to bee commited to Gaol , Indicted , and falsly and maliciously affirmed it to bee true ; and not guilty was pleaded , and verdict given for the Plaintiff , and Iudgement given for the Plaintiff , two hundred and forty pound Damages , notwithstanding motions to Arrest it , and after a solemn deliberation . The like Case was by Lovet vers . Faulkner . 11. Jac. B. R. Bulstr. 3. part 270.

Case 6.

6 Smith versus Hodgeskins Pasche . 8. Car. 1. B. R. Croo. 1. part 201. An Action was brought for this , that the Defendant malitiose et falso crimen feloniae ei imposuit , and caused him to bee arrested for Felony : and for these words , and this work ; it was adjudged the Action of the Case did lye .

Case 7.

7 Maning and his wife versus Fitzharbert . Hill . 7. Car. 1. B. R. Croo. 1. 197. An Action of the Case was brought against the Defendant , for that hee ex malitia of the Plaintiffs wife , crimen feloniae imposuit , caused her to bée brought before a Iustice , there charged her with Felony , required that shée might bee bound over to the Assizes , which shee was forced to do , &c. and this was found for the Plaintiff , and had damages and Iudgement , &c.

Case 8.

8 Williams versus Fletcher . Pasche . 10. Jac. In an Action of the Case in nature of a Conspiracy , for indicting of a man for a common Barretor , and making oath to the Iewry , that the Bill was true , upon which the Bill was found , supposing it false and malicious . In this Case it was adjudged , that in this Case no Action of the Case in nature of a Conspiracy will lye , Bulstr. 1. part 185.

Case 9.

9 Three men conspired amongst themselves to charge J. S. with a robbery , and to procure him to be Indicted , and procured divers Warrants from Iustices of Peace , by which he was apprehended and examined , and after they preferred an Indictment against him , whereupon an Ignoramus was found ; in this Case it was resolved , that an Action of the Case in nature of a Writ of Conspiracy lieth . Coo. 9. 55. Pasche . 5. Jac. in Camstellat .

Case 10.

10 It was resolved by the two chief Iustices , and the Lord Chancellor , and the chief Baron , That when the Grand Iury doth indict one of Murder or Felony , and after the party is acquitted ; that no Conspiracy lieth for him that is acquitted , for this .

Case 11.

11 A man brought this Action of the Case in nature of a Conspiracy , for causing him to be indicted of Felony , &c. for suffering a Prisoner to escape that was convicted , and Iudgement was given for the Plaintiff , for this is more than trespasse , Stiles Rep. 157.

Case 12.

12 Hill 8. Jac. B. R. Wall and Hills Case . Bulstr . 1. part 149. An Action of Conspiracy was brought for conspiring to indict the Plaintiff for a supposed counterfeiting of a Letter , and for the malicious prosecution thereof at the Assizes , and that hee was acquitted . And he pleaded that the Letter was brought to him by one unknown , and delivered to him , two others being in his company , one of which afterwards told him , that the Plaintiff was the man that delivered it , and thereupon hee prosecuted him for it ; in this Case it was adjudged for the Plaintiff , for that the prosecution was not upon the Defendants owne , but upon another mans suspition , and his prosecution , and the justification thereof must be upon good probabilities , and not upon the suspition of others . Bulstr. 1. part 149. Sée Coo. 9. 26. Pasche . 9. Case 13. Car. B. R.

Case 13.

13 The Action was for that Falso & malitiose , he spake these words of the Plaintiff , He committed Felony , and procured him to be Arrested and Imprisoned for three daies , and had Judgement after a Plea by Verdict , &c. Croo. 1. 223.

CHAP. XXIII . Of Pleadings in Actions of the Case for words .

AS to the Pleadings in all Actions of the Case for words , this is first to bée known . Of the Declaration to maintain this Action , and what is requisite therein .

1 That the pleadings of the parties to their Action , are in this Action much to be héeded , for the Plaintiff or Defendant , either of them in this may , by his Omission , or Commission , very quickly advantage or prejudice himself , and therefore they must be very careful herein . Sect. 1.

2 If there be any thing in the truth of the Case , that may make to the Plaintiffs advantage , it doth concern him to insert it into his Count , and if there be any thing that will make to the advantage of the Defendant , to defend himself against the Action , and the Plaintiff omit it , the Defendant must be sure to take hold of it , and to mention it in his plea.

As to Declarations in Actions of the Case for words , these general things are to be known .

1 That the Declaration is good without the word [ Malitiose . Noys Rep. 35. yet some say , if falso , or malitiose be omitted in the Declaration , that it is not good . Trin. 7. Car. 1. B. R. Norman and Simons Case , yet sée the contrary in Stiles Rep. 59.

2 That if it be , dixit the words , and [ de Querente ] is left out , it is good . Stiles Rep. 69. Bendloes Rep. 143. if there bee any thing to supply it . Croo. 2. 39. but if the words be not recited , to be spoken of the Plaintiff in the Writ , or in the Declaration , and where he reciteth the words he saith , Innuendo the Plaintiff , this is defective . Croo. 2. 126. Brownl . &c. part 4.

3 That where these words [ in Auditu cum plurimorum ligeorum , ] &c. be left out , it is held good enough , and yet if these , or other words of usual form be omitted in the Declaration , there perhaps the Defendant may take some advantage by it , and avoyd the Action for that time , if hée take exception to it before he Plead , and before the Trial , for by his Plea , and the Verdict , many defects in the Declaration may be cured Croo. 2. 33. 39. Croo. 1. 144. Hobb . Rep. 63.

4 That the words of the Declaration with in presentia diversorum . without in Auditu is good enough , for that will be intended . Croo. 1. last publisht , 486 , 487.

5 If a man sue , and declare of the losse of a Marriage , by words spoken , it is not sufficient to say , He intended and endeavoured to have a Wife , but he must say , that there was a communication of Marriage , &c. Bulstr . 1. part 276.

6 If the Declaration set forth , that he spake the words of the Plaintiff , and in truth , they were spoken to the Plaintiff , it will be good enough , and that Dixit de praefato , and dixit ad praefatum is all one . Croo. 56. and 2. 39.

7 The Declaration was laid thus , That B. that serves Mistris Shelly , hath murdered Adams his Childe [ Eliz. Addams filiam Johannis Addams modo defunct . Innuendo ] in this Case the Count was adjudged naught , for modo defunct . referreth only to the time of the Action . Coo. part 13 71. so if for these words that the Count be , for saying , That the Defendant hath poysoned I. S. Modo defuncto , which referres to the time of the Count , this is not good , for he is to averre him to be dead at the time of speaking of the words . Croo. 2. part 343. Jenk . Century . 8. Case 58 , 59. Cent. 7. Case 40.

8 Where the Action is laid for speaking of the Plaintiff , Hee verba , &c. without saying , that there was any spéech of the Plaintiffe , or any Innuendo , &c. it séems good enough . Croo. 2. 230. 241.

9 To say in the Count , Palam & publice promulgavit , is good without in presentia & auditu , &c. Croo. 1. part last publisht . 861.

10 It matters not whether the Plaintiff doe in his Count set forth all the circumstantial words , as they were spoken , so as he set forth the very words truly that are actionable , and that he must bée sure of , for a little variance may marre all . And therefore it is wisely done of those , that where they doubt they charge the Defendant with speaking of various words at several times , and several waies , and by that are sure in one of them to hit upon the very words themselves , or the substance thereof . But then he must take care that the Iury doe assesse damages only for the words that are spoken . Croo. 1. 238.

11 The Count was Quod propalavit quaedam verba scandalosa , prout in his Anglicanis verbis sequend . and ruled to be good . Croo. 1. last publisht . 573.

12 If the Count be thus , That the Defendant Colloquium habens cum querent , in the presence of others dixit [ meaning the Plaintiff ] Thou art a Thief , &c. and this was ruled good . Stiles Rep. 298.

13 That where the Declaration is laid thus , that the Defendant said of the Plaintiff , Thy Father is a Theef [ Innuendo the Plaintiff ] that this is not good , unlesse hee alledge it to be said to be spoken to the Son of the Plaintiff , &c. Croo. Rep. 1. 65.

These things are to be known about an Innuendo in a Declaration . Of the Innuendo in the Declaration . Sect. 2.

1 That the same may in many cases make certain , that which will otherwise be incertain .

2 That the use and office of an Averment , by an Innuendo , in a Declaration , is either to contain and design the same person , which was named before incertainly . As thus , two are speaking together of B. and one of them saith , Hee is a Theef , in this case B. may say in his Count , that they had spéech of him , and one of them said , Hee [ Innuendo ] the Plaintiff , is a Theef . Or to declare the matter , or sense of the words themselves , which were certainly exprest before , thus , A. and B. speaking of C. A. said , that B. was a Traitor , to whom B. said , that hee was so too : In this case , if A. bring Action for these words , hée may shew in the Declaration , that there was a speech betwéen him and the Defendant of C. And that the Plaintiff said to the Defendant , that C. was a Traitor , and that the Defendant said thereupon to him , that hee [ Innuendo the Plaintiff ] was so too . In both these cases it is good . M. 20. Jac. B. R. Croo. 1. last publisht . 192. 193. But an Innuendo will never make words actionable , which of themselves are unactionable . Brownl . and Goldsb . 7. Coo. 4. 17. 20. Croo. Rep. 1. 303.

3 That this Averment by Innuendo , cannot change the nature of the words , and make a person , or matter certain in particular , which in it self is so general , that it is altogether incertain . Nor can it alter the matter or sense of the words themselves . As where the words are , Hee did burn my Barn ; hée cannot by an Innuendo a Barn full of Corn , make the words actionable . So where the words are , Hee is forsworn , by adding Innuendo in a Court of Record . So where the words are , hee hath the Pox , by adding , Innuendo the French-Pox . So where the words are , hee took my mony from mee with a strong hand , Innuendo Feloniously . So where the words are , the servant of J. S. ( who hath many servants ) is a Theef , [ Innuendo his servant J. S. So , one neer about J. S. is a Traitor , Innuendo , J. S. In these cases , the Innuendo will not make these words , otherwise unactionable , thereby actionable . Coo. 4. 17. 20. Owens Rep. 58. Hobb . Rep. pl. 3. 48. Goldsb . and Brownl. 7. 9. So if the words be of a double and indifferent meaning , and in the one sense actionable , and in the other not actionable , this will not make them actionable ; or if the words be incertain of themselves , or in the person of whom they are intended , an Innuendo will not make them certain , and actionable . Mich. 6. Car. 1. B. R. Hobb . Rep. pl. 4. 48. Croo. 1. part last publisht . 496. 497.

4 Where the Action is for words , by which a Marriage is lost , it is not enough to say , intendebat , or conatus fuit , to have such a woman . But hée must say , Quod colloquium habitum fuit de Matrimonio . Bulstr . 2. part 276.

As to this of Averment , these things are to be known .

1 That if the Declaration be for these words , That J. S. hath killed a Of an Averment in the Declaration . Sect. 3. man ; that it is not necessary to aver , that the man is dead . Winches . Rep. 40. Bulstr. 1. part 42. So if the words be , for which the Action is brought , Thou hast robbed my Son , or stoln my Horse ; there will not néed an Averment , that hée had a Son , or that hée was robbed , or that hée had a Horse . Winches . Rep. 40. Bulstr. 1. part 42. Noys Rep. 55. 63. 116. Winch. 70. 98.

3 That where the words spoken , for which a man brings an Action , do Sect. 3. ( import a scandal of themselves ) concern him , and may indanger his life , liberty , or member , there néed not to be an Averment of any special losse by them ; And therefore , for calling of one Traitor , Theef , or the like , there will not néed an Averment of any losse by it to be mentioned in the Declaration , as where the Action is for calling of one Bastard , or the like . March . Rep. 1. So where the scandal is about a mans Office , or Trade ; so it is also where it doth charge a man with such a disease that must separate him from the society of men ; But in other cases generally there must be an Averment of special damage . And it is best in most cases to aver it , if the case will bear it . March Rep 59. pl. 93. Brownl. 1. part 10. 13. and 2. part 100. 129. Mich. 17. Car. B. R. And so it is also for words spoken , that are not in themselves actionable , of a man or woman , whereby hée or shée loseth a Match , Office , Service , or Preferment , hée or shee stands for , and is like to have , there must be an Averment of a special losse by it to maintain the Action , and warrant the Declaration Pasche . 5. Car. B. R. Axes Case . Trin. 17. Car. 1. Co. B. Sandersons Case . So also for any words of passion that may arise to be actionable , as to call one Rogue , Villain , or the like ; these Actions must be made up by a special Averment . Coo. 4. 15. So , for any words that are called spiritual , to make them actionable , it must be by a special Averment of losse . Coo. 4. 17.

4 If the Action be laid , for saying of these words , Thou hast killed J. S. it need not in this case be averred , that J. S. is dead . Adjudged B. R. Coo. 4. 16. Hobb . pl. 11. And yet this hath béen denied , and the contrary maintained by some . March . Rep. 109. pl. 187.

5 If the Slander be upon a report , it must be averred in the Court , that there was no such report made . Hill. 4. Jac. B. R. Lady Morrisons Case . Pasche . 42. Eliz. Co. B. Morleys Case . As if the Declaration be for this , That A. B , told mee that D. the Hostler , and hee stole such a mans horses , hée must avert that A. B. did tell him so , otherwise if A. B. did not tell him so , the Action will not lye . 42. Eliz. Co. B. Mowl . versus Skebington . Lord Lumleys Case . 10. Eliz. March . of Slanders . 2. part 13.

6 The Brother of the Defendant spake these words to the Plaintiff , Thou Theef , thou Gaol-whelp , &c. And after this the Defendant said , That which my Brother spake is true , I will justifie it . In this case it was agreed , that there must be an Averment , that he had notice of his Brothers words . Brownl. 2. part 100.

7 That the word Scienter is a necessary word in some Declarations . Godb. Rep.

8 That where the Action is brought for such strange words as these , Thou hast strained my Mare , thou art mainsworn , or the like hard words , there néeds no averment what the sense thereof is in the Country where they are used , but it may be proved by witnesse at the Trial. And yet some say otherwise ; the sure way is to do it by the Declaration . March . Rep. 18. Croo. 1. 96. in Hughes Rep. page 37. And so it seems is the Law for a slander in another tongue . Hobb . Rep. 165. 268. pl. 236. March . Rep. 18. Bendloes Rep. 134. Stiles Rep. 263. Pasche . 7. Jac. B. R Coo. 4. 25.

9 That if the Action be brought , for saying of the Plaintiff , Hee was in the Gaol at S. for robbing , &c. it néed not be averred , that hée was not in the Gaol , and yet it is the safest way so to set it forth . Sprat and Haines Case .

If one sue for this , said , Hee that dwells in the next house to J. S. one R. L. did rob mee ; hée that sues upon this , must averr , hée dwells in the next house to J. S. Pasche . 7. Jac. Clerks Case . B. R. So if it be for these words , Pritchards man robbed mee , hée must averr hée is Pritchards man . Coo. 4. 16. Hobb . Rep. 16. Brownl. 1. part 13. and 2. part 100.

11 That in all these Actions for words , where there is any thing that is the cause or ground of the Action , or tends necessarily to the maintainance of it , in such Cases the Action is not maintainable , unlesse that thing be expresly averred to be , or not to be , as the Case requireth . As if it be brought for this , Whosoever is hee , that is the falsest Theef , and the strongest in the County of Salop , whatsoever hee hath stoln , or whatsoever hee hath done , Thomas Haselwood is falser than hee . In this Case it was resolved , that an Averment must be made , that there were Felons in the County of Salop , or the words will not bear Action , for if there were no Felons there ( which shall rather be intended ) then is it no slander . Hobb . Rep. 309. Pasche . 1. Jac. B. R.

So also if the words be , That hee is as very a Theef , as any is in England ; that in this Case it is held that there must be an Averment , that there is such a Théef in England , yet this Case is more doubtful . Noys Rep. 116. Winch. Rep. 70. 89 , So if one say , My Son stole my Hens , if hée sue his Father , hée must averr hée is his Son . Mich. 14. Car. B. R.

It will be the wisdome therefore of a Plaintiff in his Declaration , not Caution . to omit any thing this way , for to averr any thing néedlesse cannot hurt . But not to averr any thing néedful is dangerous herein , and destructive to the Action .

12. If one had slandered a man by his Bill in the Starr-Chamber , and one had brought an Action for it ; and the party said his Bill was true ; this had not been sufficient without Averment , and shewing of the particulars of the Bill . Coo. 4. 14.

13. Where the Declaration is for this , Thou art a Theef , for thou stolest my Sons goods , it néeds not be averred that hée had goods . 38. Eliz. Co. B. Eslin and Moores Case .

14 Where the Count is for this , I will justifie that Barnes is accessary to the Burglary for which C. D. was hanged ; there néeds no Averment , that hée was hanged for such a Burglary . Trin. 9. Jac. B. R. Barnes Case . If the Action be brought for this charge , Hee stole the Horse of J. S. it néed not be averred hée had a Horse . If for this , Hee killed his Masters Cook , it néed not be averred , that his Master had a Cook . Bridgman Rep. 60.

15 Where the Count is for this , My Master . B. hath robbed me of all my goods ; it need not be averred , that hée was his servant . M. 15. Jac. B. R. Browne and Low. So where the Count , is , for saying , Pritchards man robbed him ; it seems it must be averred , that hée was Pritchards man .

16 If the Plaintiff declare , that there was a conference between the Defendant , and one R. and hée said , Your Master E. ( meaning the Plaintiff ) is a forger of Deeds ; hée must averr , or it must expresly appear . that R. when hée spake the words , was his servant . Brownl . and Goldsb. 10.

17 That it will lye for these words , Thou didst kill thy Masters Cook , [ Innuendo J. S. late servant of J. D. without any Averment , that the Plaintiff had a Master , or that J. D. was his Master . Bridgm. Rep. 60.

But if the Wife of the Defendant shall say to the Plaintiff , to A. B. Where is that lying Theef thy Son [ Innuendo the Plaintiff ] hee hath murdered my Aunt [ Quandam D. S. [ Amicam defendentis Innuendo ] and I will prove it ; in this case it is doubtful , Croo. 1. 127.

18 That it is held by some , that if one bring an Action for words spoken against him as a Iustice of Peace , or Officer , that the Plaintiff is to averr in his Count , that hée was a Iustice , or Officer at the time of the words spoken . But otherwise it may be , if it be brought by a Tradesman for a slander to him . And there , that it will be sufficient to say , That hée hath been of the Trade for divers years past ; and that this will be sufficient . Yelvertons Rep. 21. 153. 158.

19 If the words be , Thou art a The●f , and hast stoln more goods , than I am worth ; here néeds no Averment of his worth . Bulstr. 2. part 141.

So where the words be , Thou hast stoln more horses , than I have fingers and toes ; there néeds none , of his fingers and toes . Bulstr. 2. part 141.

20 If the words be thus , Hee hath no sheets in his house , but what were stoln for him ; there must be an Averment , that hée hath shéets in his house , or the Action will not lye . 42. Eliz. B. R. Bulstr. 2. part 141.

As to this , the Plea in Barr , these things are to be known .

1 That the pleading of the Defendant , or the verdict of a Iury , or both in many cases , may help to cure a defect in the Action brought . Croo. 1. 303. What shall be said , a good plea in bat , or Justification to this Action . Sect. 4.

2 That where the Declaration , for the substance of it , is incertain , and naught , the Bar will not help it . But where the fault is in the form only , the Bar may help it . As where J. S. declares for words thus , quod in presentia diversorum , &c. dixit de prefat. querent . haec verba Anglicana , viz. thy Father [ predict . querent . Innuendo ] is a Theef , for hee stole my Sheep ; the Defendant doth justifie , and it is found for the Plaintiff ; no Iudgement can be had ; because it doth not appear that the words are spoken of the Son of the Plaintiff . Brownl . Rep. 1. 187.

3 That the Defendant may , in this Action , plead not guilty ; or if the Plaintiff declare upon some of the words only , where all of them together are not actionable , the Defendant is to set them forth at large , as hée spake them , and traverse , justifie or plead not guilty to the rest of the words as the Case is . Or if the words be true , and hée be able to prove it , hée may justifie the speaking of them . As for a charge of Perjury , to shew hée was perjured in the Starr-Chamber , for calling of him Théef , that hée was attainted of Petit Larceny . Coo. 4. 13. 19. New Book of Entries . 24. 25. 26. And so in all cases , where the Plaintiff shall omit any thing material on the Defendants part , the Defendant may plead it by way of Bar. Coo. 4. 17.

4 To say , a man was indicted for a Felony , may be justified , if it be true ; but the words are not actionable , Hobb . Rep. pl. 89.

5 In a Charge of Perjury , it is not a good Iustification , to say , That hee swore such a thing in a Court falsly , unlesse hée add this , knowing it to be false . M. 38. 39. Eliz. B. R. Willis Case .

6 If one call a man Théef , hée may justifie it , for that hée stole a shéep . Hobb . Rep. 258. 27. H. 8. 22.

7 If I say to another , A. B. is a Theef to J. S. and to mee ; and an Action is brought for this , and I justifie for a Felony done to mee only ; this is not sufficient , for the Charge is of a double Felony , and the Iustification is only by a single Felony . M. 21. Jac. B. R.

8 An Action was brought against Husband and Wife , for words spoken by the Wife , and they pleaded not guilty , and agréed to be nought , and that the Wife aloke is to plead not guilty . Brownl . Rep. 6. Hobb . Rep. 126.

9 That where A. doth call B. Theef , and hée doth justifie that hée stole shéep , and the Defendant shall plead the general pardon after the words spoken , that this is not good . M. 13. Jac. Com. B. Cuddingtons Case .

10 That it is not a good justification to a Charge of calling one Thief , that a Robbery was committed , and the common fame was , that the plaintiff did it , Dyer 230. Brownl. 2. nor is it a good justification for calling of one Murderer to say , There was a Murder done , and the Plaintiff was indicted for it , or that he was imprisoned for it ; or , that the common fame was , that he did it . Dyer 236. Broo. 127. New Book of Entries , 26 , 27. Nor can one justifie the charging of one with Felony after hée hath a pardon . Hobb Rep. pl. 106.

11 If in this Action , the Plea be not guilty , and part of the actionable words only be found , this will maintaine the Action . But if the Defendant take a Traverse to the words , Contra. Noys Rep. 134.

12 The Action was for this , Thou didst keep , and sell by false weights , and in twenty four shillings bestowing , thy weights were false two ounces , and thy man will bee a witnesse against thee , and I will prove it . The Defendant justified in pleading that the Plaintiff kept a Shop , and used unlawful weights , and by such weights sold , by reason whereof hee said these words , viz. Thou didst keep , and sell by unlawful weights , and in twenty four shillings bestowing , thy weights were false an ounce and three quarters , and thy man , &c. and traversed the words in the Declaration ; and it was adjudged a naughty Traverse , for that the words in the Barre , and justified by the Defendant , are acionable . Goldsb . and Brownl. 5.

13 The Action was brought for this word perjured . The Defendant justified , that it was found by Verdict , that the Plaintiff was perjured , but no Iudgement was entred upon that Verdict , and it was adjudged no Barre , because no Iudgement was given in the first Action . Goldsb . and Brownl. 11.

14 That where the words may be justified Ex causa dicendi , there the Defendant may ( if he please ) take the general issue not guilty , Modo & forma , &c. and give in evidence of the coherence , occasion , or connexion of the words , or he may ( as the cause shall require ) justifie the speaking of other words , and traverse the speaking of the words in question , and upon the evidence have the words specially found .

15 And when the matter in fact will serve for the Defendant , albeit he may suppose , that the Plaintiff hath no cause of Action , yet is it not safe for him to hazard his Case upon a Demurrer , but first let him take his advantage of the matter of Fact , and leave the matters in Law , which arise upon the matters in Fact to the last , for after trial the matters in Law shall be saved to him . Coo. 4. 14. Sée more . Croo. 1. part last publisht . 239. 492.

As to this question three things are to be known . What shall bee said a sufficient Verdict of a Jury herein , upon which Judgement may be had .

1 That where the Action is laid for saying , I know him to be a thief , and the Defendant pleaded other words , Absque hoc , &c. And the Iury doth find it thus , I think him to be a thief . this will not be a good Verdict to give judgement upon . Hobb . pl. 213.

2 That where the words are laid to bee spoken thus , That Nicholas Fenner procured eight or ten of his Neighbours to perjure themselves ; the Defendant pleads not guilty , and the Iury doth finde , that the words are thus ; That Nicholas Fenner had caused eight or ten of his Neighbours to perjure themselves ; it is doubtful whether this be a good Verdict to give judgement upon , or not . M. 4. Jac. B. R.

3 That where the words are said to be thus , That John Barber and his Children be false theeves , men cannot have their Cattle going upon the Common , but they will kill , and eate them , &c. and the issue is joyned , whether the Defendant spake the words , modo & forma , &c. and the Iury doth finde the words spoken to be thus , viz. Men cannot have their Cattle , &c. but they doe not finde the first , which are the only Actionable words to be spoken ; this is not a good Verdict to have a Iudgement for the Plaintiff , for the words found are not Actionable . Dyer 118.

4 That where the words are laid to be spoken thus , A. is a Thief , for he hath stollen a Lamb from A. and Geese from B. and killed them in my ground , the issue is , whether the words be spoken modo & forma , &c. and the Iury finde that the words spoken were thus , That the Plaintiff was a thief , for he hath stollen a Lamb from A. and killed it in my ground , and nothing said of the Géese , this is good enough to warrant the Declaration , and to give him a iudgement upon it . Hill 3. Jac. B. R.

5 That where the words are laid to be thus , Burges is a maintainer of Theeves , and a strongthief himself , and the issue is joyned upon the words , Modo & forma , and the Iury finde all the words , but the word [ strong ] this is a sufficient Verdict to ground a judgement for the Plaintiff , and by these Cases we may observe , That if the Action be brought for more words than are found , yet if there be some of the words that are actionable found , it is well enough . Dyer 21. 75. And so it is if the Iury finde other words than those that be in the Declaration , if they doe not finde withall so much of the actionable words for substance , as are set forth in the Declaration . Croo. 2. 407 , 408.

6 Where an Action is brought for words , some whereof are , and some are not actionable , and the Iury assesse damages for all together ; this will bee error . And yet if words bee spoken at several times , and the words spoken at one time are actionable , and the words spoken at another time are not actionable , but they have reference to the former words ; in this Case , the damages may be assessed for both entirely and good . Croo. 1. 238. And yet if an Action be brought for calling of one Murtherer , Blood-sucker , Villain , Rogue , Bankerupt , some of which are , and some are not actionable , and the damages bee assest by the Iury entirely , this will bée good enough , and it shall be intended to bee given only for the actionable words . Croo. 1. 238.

7 Where words are spoken at several times , and some are actionable , and some not , and two Actions are brought for them , and both are found for the Plaintiff , and damages are given entirely , this is not good . But otherwise it is , where one Action is brought for words actionable spoken at one time , and words not actionable , spoken at another time , for there it shall be taken to be given for the actionable words only . Bulstr. 3. part 283. yet see the contrary in Coo. 10. 131. Jenk . Cent. 8. Case 89. Croo 1. 471. Hobb . Rep. 6. Jenk . Cent. 7. Case 70. Croo. 2. 343.

8 The Plaintiff declares , that the words are spoken Falso & malitiose , and the Iury finde , that they were spoken Falso & injuriose ; this is not a good Verdict for the Plaintiffe to have a Iudgement upon it . Trin. 7. Car. 1. B. R.

9 The Declaration was for calling of J. S. thief , and the Record of Nisi prius was quod predictus W. dixit de prefat I. S. haec scandalosa verba , &c. prefat W. Innuendo , 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 . Pas●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 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. and B. talking of how many Hares one of them had killed , and the other therein say to him , You are a Murtherer , this is not actionable . The Plaintiff therefore was barred , Coo. 4. 12.

Case 2.

Cutler and Dixon . To prefer scandalous Articles against any man to In a Course of Justice not actionable . the Iustices of the Peace , to the intent he may be bound to the good behaviour is in pursuance of justice , and not actionable . M. 27 , 28. Eliz. Coo. 4. 14.

Case 3.

Sir Richard Buckley and Owen Wood : Sir Richard sued him for preferring divers scandalous Articles against him in the Star Chamber , not determinable there , and for affirming the same to be true , [ without naming any of the particulars of the Bill ] in the County of S. W. doth traverse the affirmance before , or after the day in the Count. In this Case it was resolved .

1 That the Traverse is not good , that the day in the Count is excluded .

2 That no Action lyes for things determinable , in that Court where In a course of Justice . the Complaint is made , for it is in a course of justice .

3 For things not determinable there , it is otherwise , for an appeal of Murder brought in the Common Pleas , no Action will lye , it is in nature of a just Suit , though the Court be mistaken , but because the words in the County out of which the Action is composed are not actionable , the hearers not being of judgement to know what was in the Bill , Iudgement was given against the Plaintiff . Coo. 4. 15.

Case 4.

Stanhop and Blisse Case , 27 Eliz. An Action was brought by Master Words general and incertain . Stanhop a Iustice of Peace , Surveyor , for these words . He hath but one Mannour , and that he hath gotten by swearing and forswearing . It was Officer . Justice of Peace . Perjury . resolved , that the Action would not lye , for the words were too general , and such words to ground this Action must have convenient certainty in them , he doth not charge the Plaintiff with swearing , &c. and he may recover a Mannour so , and yet not procure or agree to the perjury . It was resolved to say to another , He hath forsworn himself , is not actionable , for this may be in an ordinary discourse ; but to say , a man is perjured , or that he was forsworn in such a Court , is actionable .

And resolved also , that for words of Passion and Choller , as to call one Villaine . Rogue . Varlet . Villaine , Rogue , Varlet , or the like , will not bear Action . Coo. 4. 15.

Case 5.

Hert and Yeomans Case . The Plaintiff being a Iustice of Peace , sues Charge of an endeavour of Murder . for these words ; For my ground in Alerton Hert , seeketh my life , and if I could finde I. S. I doubt not but within two dayes to accuse H. of Felony . In this Case it was adjudged , that for the first words for my ground in A. he seeketh my life , no Action will lye , for this may lawfully be done Justice of Peace . Incertain words if he hold Land of him , and be an offender .

2 Seeks my life is too general , there is no punishment to be inflicted for séeking only . But for the latter words , it was agréed they were actionable , Words general . endeavour . because for a suspicion of Felony , a mans life is brought in question , and he may be imprisoned . Coo. 4. 16.

Case 6.

Byrchleys Case , 27 , 28 Eliz. The Defendant said to B. C. a Clerk of Officer charged to deal corruptly . the Kings Bench ( and sworn to deal duly without corruption ) discoursing together about his carriage in his Office , these words , You are well known to bee a corrupt man , and to deal corruptly . In this Case it was adjudged that the Action did lye .

1 For the words Ex causa dicendi , imply that he meant , he did deal corruptly Causa Dicendi . in his office , and this toucheth him in his oath .

2 The words scandalize him in that whereby he gets his living ; Skinner Justice of Peace slandered . of London said , That Manwood was a corrupt Judge , and it was adjudged actionable ; and in this Case it was resolved , That if the precedent talk had béen , that B. was a Vsurer , or Executor of another , and would not perform the Will. And upon this the words had béen spoken , they had not béen actionable . Coo. 4. 26.

Case 7.

Weaver and Caridens Case . It was adjudged that no Action lyes for saying , That the Plaintiff was detected for perjury , for an honest man Detected for perjury . may be detected , but not convicted . Coo. 4. 16. Slander of a Justice of Peace .

Case 8.

Stuckley and Bulheads Case , 44 , and 45 Eliz. It was adjudged , That this Action will lye for saying of a Iustice of Peace , Hee covereth and hideth Felonies , and is not worthy to be a Justice of Peace . For this is against his Oath , and Office , and cause to put him out of Commission , and for this hee may be indicted and fined . Coo. 4. 16.

Case 9.

Snagg and Gees Case . An Action was brought for these words , Thou Charge of Murder . Words Repugnant . hast killed my Wife , and art a Traitor ; and it was adjudged that the Action would not lye , for the Wife ( as appeared ) was alive , and so vain , and no scandal , but otherwise it would be , if shee had been dead . Coo. 4. 16.

Case 10.

Eaten and Allens Case . An Action was brought for these words , Hee is Charge of Murder . a Brabler , and a Quarreller , for hee gave his Champion counsel to make a Deed of Gift of his Goods , to kill mee , and then to flye out of the Country , but God preserved mee . And it was strongly urged , that the Attempt and endeavour to murder . Action should be maintainable , and divers cases cited . Lady Cockein . Mich. 32. 33. Eliz. B. R. for these words , My Lady Cockein offered to give poison to one to kill the childe in her body . Another between Tibbot and Heine in Gloucester , for this , Tibbots and another did agree to hire one to kill S. B. Also Cardinals Case . If I had consented to Mr. Cardinal . T. H. had not been alive . And the Lord Lumleys Case , My Lord Attempts and endeavours . Lumley hath gone about to take away my life , against all Christian dealing . But upon great deliveration it was adjudged , that the words were not actionable , for a purpose , or intent to do an evil Act ( unlesse it be in case of Treason ) is not punishable by Law , yet such a Conspiracy might have béen punished in the Starre-Chamber , when it was up . Coo. 4. 16.

Case 11.

Anne Davis Case . The Plaintiff was néer to Marriage , the Defendant Charge of Incontinency . said of her , Shee had a Bastard , and by this shée lost her Marriage ; this is actionable . 1. For shée is punishable upon 1. Eliz. if true . 2. So upon any naked charge of Incontinency , and special damage shewed by it , and the ground of the Action is temporal , viz. the defeating of her advancement Inne-keeper . in Marriage . By Popham . An 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 of Murder . her by the hand , and said , thou and I will bee man and wife within a year , and shortly after hee dispatcht his wife , and rid her out of the way , and in what case then stood I ?

Case 26.

It was the opinion of three Iudges , that this Action will not lye , for Charge of an infections disease . saying , Now that pocky drab doth wear a Scarf about her neck , to hide her blanches , they are a pocky , and an unwholesome houshold , and I would not eat a b●t , on which shee breathed , for twenty Nobles , and women that talk with her , put Aprons before their mouths . But if their communication Pox. were about the French-Pox , it were otherwise . And yet if the Husband of this woman were an Iun-holder , and lose his Guests by the Inne-holder . words , then the words were actionable . And there it was said to be adjudged to lye for this , Thou Whore , thou pocky Whore , Doctor Claytons Whore . Mich. 44. 45. Eliz. Boddin and Jones . But that it will not lye , for saying , Your Master hath lyen in Fullers Tub. Albeit hée averr , Fullers Tub. that none lye there , but such as have the French-Pox .

Case 27.

It hath béen adjudged to lye for this , I will justifie that Barnes is accessary Charge of Burglary . Averment . Indirect words of charge . to the Burglary , for which K. D. was hanged . And that without any Averment that K. D. was hanged for such a Burglary . Trin. 9. Jac. B. R. Barnes and Hunt .

Case 28.

It was agréed by the Iudges , that this Action would lye for this , said of a Bankerupt . Merchant . Attorney slandered . Merchant , Hee is a Bankerupt , and fled beyond Sea for mony . And for this , said of an Attorney , He is an ignorant Attorney . Trin. 9. Jac. B. R. Trulock and Morrison .

Case 29

It hath béen agréed , that this Action will not lye for this , Thou art a Hornsby , Cuckoldly Knave . Hornsby , and a Cuckoldly Knave . Trin. 9. Jac. Palmer and Palmer .

Case 30.

Charge of Couzening . It hath béen adjudged , that this Action will not lye for this , Thou hast couzened the Earl of Hartford , as much as thou art worth . Trin. 9. Jac. B. R. Tuck and Kirton .

Nor for this , Thou art a couzening Knave , and hast couzened all the Town of Coventry .

Case 31.

It hath been adjudged to lye for this . He is mean-sworn , with an Averment , Mean-sworn . Averment . Strained my Mare . that it is taken in the place for perjury .

So for this . Thou hast strained my Mare , with an Averment of the acceptance of the word in the Country .

Case 32.

It was held by two Iudges , that this Action will not lye for this . A. was Charge of Robbery . robbed of twenty pound in Silver , and one hundred Marks in Plate , and Words incertaine . Foord , and Anne Long had it , and , by God , will be hanged for it . Pasche 9. Jac Foord and King .

Case 33.

It hath béen adjudged , that this Action will lye fo this , Thou art a Knave , Charge of Robbery , and a Rascally Knave , thou didst set on me in the High-way , and didst take away my Purse from me , Innuendo Felonice ] and I will be sworn to it . Stoner and Holland . B. R.

Case 34.

A. came to a Iustice of Peace , and informed against B. for Misdemeanours , Charge of Burglary . and wrote these words , A. doth charge B. that he did commit Burglary in breaking of my house ; And it was adjudged actionable . p. 8. Jac. Pet and Finch .

Case 35.

Coxe and Morton . 44 , 45 Eliz. B. R. The Action was brought for these Charge of Perjury . words , Thou art a false forsworn Knave , and that I will prove , for thou hast forsworn thy self against Peter Rumbal in the Hundred Court , and upon not guilty , and Verdict for the Plaintiff , it was adjudged against him , that the words were not actionable , for [ forsworn ] by it self , doth not Forsworn . import slander , as perjured doth , and because it was not shewed , that there was any cause in the Hundred Court betwéen Rumbal and another , Perjured . wherein he was produced a Witnesse , by which the word forsworn was induced , and so it might have béen equivalent to perjured ; for it might bee in private betwéen them upon an oath out of Court . that he might say hée was forsworn . Yelvertons Rep. 27.

Case 36.

Shire and King , 45 Eliz. B. R. The Action was brought by an Attorny Slander of an Attorney . for these words , Thou art a Paltry Fellow , and thy credit is fallen . for thou dealest on both sides , and doest deceive many that trust thee . And upon error brought , it was affirmed , that the words were actionable , and shall be taken in Malam partem , for they sound to no other purpose , and yet he may be on both sides as an Arbytrator . Yelvertons Rep. 32.

Case 37.

Sir John Harpur and Beamont . Hill 2. Jac. B. R. The Action was Charge of an endeavour to Murder . for these words , I was at Sir John Harpurs house , and John Harpur his Son drew me forth to see a Gelding , and then Thomas Beamont did throw his Dagger at me twice , and thrust me thorow the Britches twice with his Rapier to have killed me ; All this was done by the instigation of Sir John Hurpur , and I can prove it . And it was adjudged for the Plaintiff that the words were actionable . Yelvertons Rep. 58.

Case 38.

Stile and Heape . Mich. 3. Jac. B. R. The Action was brought for these Charge of Perjury against an Officer . words , Thou hast most perjuredly presented me at the Visitation against a Sides-man of a Parish , one sworn to doe his office truly , and to present the offences within the Parish . And the Iudges opinion séemed to bée against the Action ,

1 Because he did not charge him precisely with perjury , but by way of similitude [ perjuredly ] as if one say , Thou hast taken my money thievishly Adjective words . out of my purse ; or , thou hast dealt treacherously with J. S. these words are not actionable . But to say , Thou hast dealt traiterously with the King , perhaps may be actionable .

2 Because the Plaintiff did not shew what presentment he made at the Visitation , so that it might appear , that what he did , was within the compasse of his office , for if he had presented any thing out of his office , as that one was a thief , or the like , there is no perjury , albeit it be false . Yelvertons Rep. 72.

Case 39.

Harris and Dixon . M. 3. Jac. B. R. The Action was brought for these words , Francis Harris hath procured and suborned one Smith to come Subornation of Perjury . thirty miles to commit perjury against his Father , before my Lord of Winchester , and gave Smith ten pound to that purpose ; upon not guilty , and a verdict for the Plaintiff : and it was moved , and so agréed by the Court , that the words were not actionable ; for it doth not appear , that my Lord of Winchester had any Commission , or authority to take an Oath , and then it cannot be perjury , for he is not a Iudge known to be competent to give an Oath without a Commission . Yelvertons Rep. 72.

Case 40.

Heak and Molton . Trin. 4. Jac. B. R. An Action was brought for this , Common Barreter . Thou art a common Barreter , and deservest to bee hanged ; and by the Court it was agréed , that the words were not actionable , for the offence is Breaker of the Peace and Forests . Rogue . Hunter of Deer only finable , and to be bound to the good behaviour , As to say , that a man hath broken the Peace , or is a common Rogue , or a common hunter of Deer , or a common breaker of Forests , is not actionable .

So to say , I. S. would have killed me . But to say , He did lye in wait to kill me , is actionable . So , He prepared Poyson to kill I. S. but for this , Intent of Murder Indeavour of Murder . General and incertain word , He deserveth to be hanged . these are too general and incertaine to ground an Action upon ; and thereby , Fenner Iustice , it was said to be adjudged to lye for this , Thou art as very a thief as any in Warwick Gaol , with an averment , that there is such a thief in particular . Yelvertons Rep. 99.

Case 41.

Action for these words , Master Toplife hath forged and counterfeited Charge of Forgery . a Certificate to a Commission out of the Exchequer , and hath forged and counterfeited Mr. Birckets , and Mr. Savells hands , the Commissioners , and hath put their hands to it , by reason whereof he got a Verdict in the Exchequer , whereas otherwise he must needs have had the foyl . Vpon not guilty it was found for the Plaintiff , damages ten pounds . And it was alledged in Arrest of Iudgement , that the Action doth not lye , because it was not shewn , what Commission it was , nor in what Suit , so as the Defendant might give answer to it ; but Iudgement was given for the Plaintiff . Croo. 1 part last publisht . fol. 72.

Case 42.

Action for words , that the Plaintiff being a Minister , the Defendant Slander Spiritual of of a Minister . said of him , That he had two Wives , to cause him to be deprived , upon not guilty , it was found for the Plaintiff . Cook moved in an arrest of Iudgement , that the words were not actionable , Incontinency . for it is a spiritual fault , as to call one Heretick , &c. but it was answered , that for as much as the Plaintiff was a Minister , this is a defamation , Heretick . and cause of depravation , if true , yet Iudgement was given against the Plaintiff . Croo. 1. part last publisht . fol. 94.

Case 43.

Action for these words , ( Thou art a Couzening Knave , thou hast couzened Couzening Knave . mee of twenty pound at such a place , and such a man of twenty pound , and there is never a George in England , but hee is a couzening fellow ) upon not guilty , it was found for the Plaintiff ; and it was ruled , Words general and incertain . that the Action lyeth not , for Wray said , they are too general to bear an Action ; and a man is to suffer no plague or losse for those words , if they were true ; and one Egletons Case was cited to be adjudged , Thou art a couzening Coroner , for thou hast couzened J. S. of his Lands ; no Action lyeth , and Wray said , that in a Writ of Errour betwéen Warker and Middlemore , which doth depend in the Exchequer-Chamber , Action for these words , Thou art a Couzener , for thou hadst mee to Coventry , and didst couzen mee of eighty pounds ; Iudgement was given for the Plaintiff in the Quéens Bench ; but it was never moved in that Court , for if it had , they would not have given Iudgement . Nota. Trin. 30. That Iudgement was reversed in the Exchequer-Chamber . Croo. 1. part last publisht . fol. 95.

Case 44.

Action upon the Case . And declares that the Defendant was a Iustice of Charge of stealing of a horse . Peace , in the County of N. and whereas the Plaintiff was a Loyal Subject , &c. the Defendant maliciously intending to deprive him of his good name and fame ; did direct his Warrant , and shews it in certainty , &c. to divers Constables to attatch him , alledging , hee was accused of the stealing Slander by Deeds . of the Horse of A. B. by reason whereof hée was arrested , till hée put in bond to appear , &c. ubi re vera , hée was never accused , nor did steal the horse ; the Defendant did know him to be guiltlesse , by reason whereof hée was greatly discredited , upon non culp . pleaded , it was found for the Plaintiff ; and it was held by Clench and Gawdy , the Action was maintainable ; if a man be accused to a Iustice of Peace , for an offence , for which he causeth him to be arrested by his Warrant ; although the accusation be false , yet hee is accusable ; but if the party be never accused , but the Iustice of his malice , and own head , cause him to be arrested , it is otherwise ; and they commanded Iudgement to be given for the Plaintiff . 14. H. 8. Croo. 1. part last publisht . fol. 130.

Case 45.

Action for words , for calling him a rebellious and traiterous Knave , after verdict for the Plaintiff , it was moved in arrest of Iudgement , that the Charge of Treason . Action did not lye ; for rebellious may be upon a Proclamation of Rebellion out of Chancery , or other Courts : and when traiterous and rebellious , are coupled together , they are of the same sense , Curia : for the words , rebellious Knave , Action lieth not , but traiterous being joyned with it , Action lieth ; and the Plaintiff had Iudgement . Croo. 1. part last publisht . 171.

Case 46.

Action for these words . Tibbot and one Gough agreed to have hired a Charge of an agreement to kill a man . man to kill mee , and that Gough should shew mee to the hired man , to kill mee ; and upon not guilty , it was found for the Plaintiff ; it was moved in Arrest of Iudgement , that an Action lieth for these words , and so held Gawdy ; for it is not alledged , that any Act was done by the Plaintiff , nor any thing put in re by him . but only a Communication betwéen him and G. but otherwise it is , if the words had béen , Hee hath hired a man to kill mee ; Fenner contra , for it is an ill part for which hee might be bound to his good Behaviour . Wray was absent , but afterward Wray being present , hée agréed with Fenner , and Iudgement was given for the Plaintiff , against the opinion of Gawdy . Croo. 1. part last publisht . fol. 191.

Case 47.

Action for these words , Thou wert laid of the French-Pox , adjudged Pox. actionable , and Fenner said , it was adjudged in this Court , that for these words , Thou wert laid of the Pox , Action did lye , for it cannot bee intended but of the French-Pox . Croo. 1. part last publisht . fol. 214.

Case 48.

Action for these words , Thou art a mutinous and seditious man , and didst Charge of Sedition . Adjective words . procure the Queens Subjects to sedition . Gawdy , the words are not actionable ; for it is not said , hée moved them to sedition against the Quéen ; and to this opinion the other Iustices did incline , but this was only upon motion . Croo. 1. part last publisht . fol. 214.

Case 49.

Action for these words , Thou hast sought the blood of thy Husband Charge of Murder . and wast his death ; for if thou hadst been an honest woman , hee had been alive yet . And averrs in facto , that her Husband was killed ; it was moved , the Action lyeth not , for it is not said , shée did any unlawful act , and Averment . it was cited to be adjudged . Mich. 18. & 19. Eliz. that for these words , Thou wert the death of J. S. Action lyeth not , for it may be by grief ; but it was ruled here , that the Action lyeth , for they shall be taken to be spoken in malam partem , and it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 239.

Case 50.

Action for these words . ( ss. ) Aid mee to Stoner , for I have Felony to Charge indirect . lay to his charge , for hee would have robbed mee . After verdict for the Plaintiff , it was alledged in arrest of Iudgement , that the words are not actionable , for perhaps the saying , I have Felony to lay to his charge , of themselves are actionable ; but when hée saith further , for hee would have robbed mee , they prove no Felony , but extenuate the first words , and shew what hée did intend , and the last words are not actionable , for to say , One would have robbed mee , an Action lyeth not , without shewing Intent or will to do a Felony . some overt act put in ure , which is Felony , or cause to binde one to his good Behaviour ; for though hée had an intent , peradventure , hee repented of it , and did no evil act . And Lea cited a Case adjudged in 27. & 28. Eliz. inter Tuttle & Osborne , that these words ( scilicet ) thou wouldest have murthered mee , are not actionable , and for this cause the Court inclined , that an Action did not lye . Sed adjurnatur . Croo. 1. part last publisht . fol. 250.

Case 51.

Action for words ( ss. ) My Lord President of the North shewed Mr. Stapleton his hand set to a Book , whereby hee had consented to the late Charge of Treason . Rebels of the North , but by the means of Mr. Fairfax , my Lord President was perswaded , and the matter suppressed ; after verdict for the Plaintiff , it was moved in arrest of Iudgement , that an Action lay not , for it is not said , that hée consented to the Rebels , but that his hand was set to a Book , whereby hée did consent , &c. but sheweth not who set to his hand ; it might have béen done by another . Also it is not said , hée consented to them in their Rebellion , but the consent may be in some other matter ; nor that hée knew they were Rebels . Also it appeared not in what they were Rebels if in Treason , or only upon processe of Rebellion ; Cura contra in omnibus , for it cannot be his hand , if hee himself sets it not to the Book , but another may write his name ; and when hée said , hée consented to the Rebels , and shewed not any certain person , this cannot be otherwise intended , but that hée consented to all the Rebels in their Rebellion ; but if hée had said , That hee consented to A. and B. which were Rebels ; this peradventure may be intended , that hée consented to them in some other matter , as it was ruled . 26. Eliz. inter Brown & Lisle , where the words were , Hee was confederate with Campian the Jesuite ; no Action lay , for it is not said , hée knew him to be a Iesuite , nor in what matter hée was confederate with him ; and in this term it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 251.

Case 52.

Action for these words , Mr. Winckfield , you never thought well of mee , since Graves did steal my Lamb ; adjudged actionable , although it Charge of Theft . was alledged in arrest of Iudgement , that it was not a direct affirmance that G. R. did steal it . Croo. 1. part last publisht . fol. 289.

Case 53.

Action for words , and declared that the Plaintiff was an Inn-holder in Inn-holder . D. the Defendant spoke these words , Thy house is infected with the Pox , and thy Wife was laid of the Pox , adjudged actionable ; for it shall be intended Infectious disease . the great Pox , and if it were the small Pox , yet they were actionable ; for it is a discredit to the Plaintiff , and guesse would not resort thither , and it was adjudged for the Plaintiff , and fifty pounds damages given . Croo. 1. part last publisht . fol. 289.

Case 54.

Action for these words , Thou art falsly forsworn in Bell Court , Innuendo , About Perjury . a Court Baron held at Bell , & per Curiam , with this Innuendo , the Action did lye , otherwise not . Croo. 3. part last publisht . fol. 297.

Case 55.

Action for these words , Thou art forsworn and perjured ; the Iury found About Perjury . a special verdict ; that the Defendant , said the Plaintiff , was a forsworn fellow , to whom the Plaintiff said , will you say I am perjured ? the Defendant said , yes , if you will have it , and the Court conceived , that upon this matter an Action did not lye , and it was adjudged for the Defendant . Croo. 1. part last publisht . 297.

Case 56.

Action for words , for that whereas the Plaintiff was a Iustice of Peace , Justice of Peace . the Defendant said , You do openly maintain and countenance the worst people against Gods Laws , and the Queens ; after verdict it was moved , that an Action did not lye for these words , for it is not shewn who these people are which hée intended , were the worst people , viz. Rogues , Hereticks , or the like ; and it is not shewn that hée did know them to be such persons , nor in what hée did maintain them , and of that opinion were Fenner and Clench , but Popham Chief Iustice contra , for they sound to his discredit , and hée said it was adjudged upon good deliberation : in a Case betwéen Sir Henry Portman and Stowell , that for these word , Thou maintainest such Charge of Maintainance . a Suit , an Action did lye , for maintainance is unlawful and odious , and it is here alledged to bee spoken malitiose , and cannot bée intended , but hée maintained them in their naughtinesse , and afterwards . Mich. 35. & 36. Eliz. the Case was moved again , and it was held by the whole Court that the Action did not lye , for the words are too general to maintain an Action . Croo. 3. part last publisht . fol. 297.

Case 57.

Action for these words , Thou art a perjured Knave , for thou swarest Charge of Perjury . this day at the Leet , that I bake bread in my house , where I did not ; after verdict for the Plaintiff , upon not guilty pleaded it was moved , that an Action lay not for these words , for perjury cannot 〈◊〉 a Léet whereof the Law takes any notice ; but all the Court held that the words were actionable , for although it bee not a perjury punishable by the Statute of 5 Eliz. yet it is a discredit for which an Action lyes , wherefore it was adjudged for the Plaintiff . Croo. 1 part last publisht . 709.

Case 58.

Action for these words , Jo. Leversage ( Innuendo the Plaintiff ) would Charge of Robbery . have robbed the house of I. S. if I. D. would have consented unto it ; he perswaded I. D. unto it , and told him hee would bring him where hee should have mony enough . After verdict for the Plaintiff , it was moved that these words were not actionable , for there is not any act done by the Plaintiff whereby he can be called in question ; nor is it such a slander whereby he can have any prejudice ; but all the Court held them to bée Endeavour . words of great discredit and slander , and that the Action will lye , and it was adjudged for the Plaintiff . Croo. 1 part last publisht . 710.

Case 59.

Action upon the Case for these words , That the Plaintiff was a forsworn Knave , the Plaintiff demanding of him where he was forsworn , he answered , In Ilston Court ( Innuendo a Court Leet there holden ) and it was moved that an Action lyes not for these words ; for the calling one Charge of Perjury . forsworn Knave , ( unlesse he saith in Court , ) is not actionable , which was agréed per curiam . Then the Court here cannot know that Ilston Court was any Court of Record , and the Innuendo cannot help that which was imperfect , and therefore Williams said it was adjudged , that for saying , Thou wert forsworn in White Church Court , an Action lay not ; but note this Case was shewn to the Court in writing , 28 Eliz. between Hern and Innuendo . Hix , and the opinion of the Court there was , that the Action lay , and the Defendant gave to the Plaintiff thrée pound , and he released his Suit , and no Iudgement was given ; and all the Court here held , that the Action will lye , for this Action is given by reason of the discredit of such words amongst the Neighbours , and when hée said , That hee was forsworn in such a Court , it cannot be intended but that it was a Court of Iustice , and a president was shewn . Pasche , 37 Eliz. Rot. 370. in the Quéenes Bench , betwéen Wildham and Copman , that for these words , Thou art a false forsworn man , and wert forsworn in such a Court ; adjudged that the Action lay , Croo. 1 part last publisht . 720 , 721.

Case 60.

Action for these words , Thou hast stoln my Mare , or consentest to the Charge of Theft . stealing of her . The Defendant pleaded not guilty , and found against him , and after verdict it was moved , that an Action lay not for these words , for they are in the disjunctive , and as to the last words it lyes not , for he may be said to be consenting , because he did not contradict it ; and of that opinion were Fenner and Clinch , being only in the Court , and awarded . Words incertaine . Quod querens nil capiat per billam . Croo. 1. part last publisht , fol. 780.

Case . 61.

Action for these words , Thou art a forsworn Bayliff , and wert forsworn Thou art forsworn . this day ; after verdict for the Plaintiff upon not guilty pleaded , it was moved in arrest of Iudgement that an Action lyes not for these words , for he doth not shew that he was forsworn in any Court ; it is not also shewn , that hée was a sworn Bayliff at the time of the speaking , and the opinion of the Court was , that the Action lay not , upon the first reason principally . Croo. 3. part last publisht . fol. 788.

Case 62.

Action upon the Case for words ; whereas hée was of good name , &c. & Bankerupt . per multos annos jam retroactos fuit Mercator , and used the Trade of Merchandizing , tam infra Regnum , quam extra , that the Defendant spake of him these words , Thou art a beggerly Knave , and at Bankerupt , and thou art not able to shew thy face . It was moved , that an Action Merchant . lay not for these words , unlesse it had appeared by the Declaration , that he was a Merchant at that time , for being spoken of a Gentleman , or any who used not the Trade of Merchandizing , an Action lyes not , and of that opinion was the whole Court ; but the Question was , whether by alledging , that hée used the Trade of a Merchant , per multos annos jam retroactos , it shall be intended , that hée was a Merchant at the time of the words spoken , and the Court séemed to doubt thereof , because it is not precisely alledged , for it may be , hée used that Trade for a time , and left it afterward , wherefore they would advise thereof . Croo 3. part last publisht . 794.

Case 63.

Action for these words , Thou hast killed my Wife , after verdict for the Charge of Murder . Plaintiff , upon not guilty pleaded , it was moved , that an Action lay not for these words , because he doth not say , with what intent he killed her , violently , or otherwise , and hée doth not aver , that his wife is dead , but notwithstanding , it was adjudged for the Plaintiff , for it is to be intended , if Repugnant words . the contrary be not shewn by the Defendant , that his Wife is dead , and it shall be taken in the worst sense , viz. violently . Croo. 1. part last publisht . fol. 823.

Case 64.

Action for these words , Thou art as couzening a fellow as any is in the Charge of couzening . Officer . Country ; the last time thou wert Under-Sheriff , as now thou art , thou didst serve an execution for a neighbour of mine , and didst keep the mony in thy hand ; hereupon the Defendant demurred , and after argument at the bar by Snag , for the Plaintiff it was adjudged , maintained , that the words were not actionable , for calling one couzening fellow , Action lieth not , then the last words be not actionable ; for it is not expressed how long time hée kept the mony in his hands ; and it may be , hée kept it only but until return of the Writ , or by assent of the party , Plaintiff ; wherefore it was adjudged for the Defendant . Croo. 1. part last publishr . fol. 854.

Case 65.

Action for these words , Thou art a Rogue , and a Theef , after verdict , Rogue and Theef . it was moved in arrest of Iudgement , that an Action lyes not for these words , for they are too general , but the Court held , that for the word Théef , it is maintainable , unlesse it be coupled with other words , which proves it to be no Felony intended ; wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 857.

Case 66.

Action for these words , hée ( Innuendo the Plaintiff ) is not worthy the office of a Constable ; for hee and his company , the last time hee was Charge of Theft . Officer . Constable , stole five of my Swine , and eat them , after verdict for the Plaintiff , it was moved by Yelverton , that the Declaration was not sufficient , for the words , hée is not worthy , &c. may be spoken of any other , and the Innuendo will not help it ; also hée doth not say , that hée spake the words in presentia & auditu aliorum , and if it were otherwise , it is not any slander ; but all the Court held , that the Action will lye ; for hic & ille make a demonstration , what person hée intended ; and it is also alledged , that hée spake de querente , those words , &c. The words also , quod palam & publice promulgavit , imply , quod fuit in praesentia & auditu , &c. for it is not palam , unlesse it be in praesentia & auditu aliorum , wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 861.

Case 68.

Action for words , and declares that the Defendant spake these words in Charge of Murder in Welsh words . Welch ( reciting them particularly ) signifying haec anglicana verba , thou hast murdered my Wife , after verdict , and Iudgement for the Plaintiff , errour was brought and assigned in hoc , that it is not averred , that the words were spoken in the company of Welsh-men , or of such who understood the Welsh tongue , but it is alledged , that they were spoken in presentia & auditu quam plurimorum subdictorum Dominae Reginae ; and the Action was brought in the County of Monmouth , which was once parcel of Wales , but was now an English County ; and all the Iustices and Barons held , that for this cause it was erronious , for it shall not be intended , that any there understood the said tongue , unlesse it had béen shewn , and then it was not any slander , no more than if one spake slanderous words in French or Italian , an Action lyes not , unlesse it be averred , that some there present understood those languages ; as it was held in the Case betwéen Johns and Daux . Mich. 38. & 39. Eliz. in B. Reginae , but because the damages were found to fifty pound , and if the Plaintiff should begin de novo , hée might not have peradventure so great damages , they moved him to accept of ten pound , and to make an end without further procéedings ; and so it was done , and no judgement entred . Croo. 1 part last publisht . fol. 865.

Case 69. Cut-purse . Charge to receive stoln goods .

Action for these words , spoken of the Plaintiff , His Boy ( Innuendo , one Ambrose Latham the Plaintiffs Wives Son ) hath cut my purse , and hee , knowing it , hath received it , it was moved , that an Action lay not for these words , but adjudged that it was maintainable . Croo. 1. part last publisht . fol. 877.

Case 70.

Action for these words , Thou art a Rebel , it was demurred upon Declaration , and without Argument adjudged for the Defendant , that the words Rebel . be not actionable . Croo. 1. part last publisht . fol. 878.

Case 71.

Action for these words , Thou art a pocky Knave , get thee home to thy pocky Wife , her Nose is eaten with the Pox ; it was moved after verdict , Charge of an infectious disease . that the words were not actionable , for it shall not be intended by them , that hée is infected with the French-Pox , and otherwise the Action lyes not ; but all the Court held the Action was maintainable , for the word cannot be otherwise intendible , but that hée hath the French-disease ; for it is conceived , hée is accused to have the same disease , which his Wife hath , and that the words purport , that hée hath the French-disease , by saying that his Wives Nose is eaten with them , wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 878.

Case 72.

Action for these words , Thou hast cut my purse , therefore I charge thee Charge of Felony . Cut-purse . with Felony , after verdict it was adjudged , that the Action lay not , for to say , thou hast cut a purse , without saying feloniously , it appears not , that hée had committed any Felony , wherefore not actionable . Croo. 1. part last publisht . fol. 890.

Case 73.

Action upon the Case , for these words used of the Plaintiff by the Defendant to one Street ; Go follow Suit against Willymote ( Innuendo the Plaintiff ) for stealing thy two Kine , and hang him , or I will hang thee , Charge of Theft . and on his further malice offered unto him , if hee would exhibite a Bill of Indictment for stealing the Kine , that he would procure him the value of two Kine , and that hee exhibited a Bill against the Plaintiff , &c. after verdict for the Plaintiff upon not guilty pleaded , it was moved that the Action was not maintainable : But Fenner and Yelverton ( being only in the Court ) held , that the Action was well brought for the bidding him follow sute against him for stealing thy Kine , and hang him , imports as much as that hee had feloniously stoln them , otherwise hee could not hang him , wherefore it was adjudged for the Plaintiff , Croo. 1 part last publisht fol. 904.

Case 73.

Action for these words ; thou art a forsworn Knave , and that I will prove , Charge of Perjury . for thou wast forsworn in the hundred Court ( Innuendo Stiverton hundred Court ) after verdict for the Plaintiff it was moved , that the Action lay not ; for it doth not appear that it was a Court of Record , nor any Court whereof the Iustice should here take any cognisance , and of that opinion was the whole Court . Croo. 1. part last publisht fol. 905.

Case 74.

Action for these words , to J. S. the Plaintiffs servant , thou hast a Traitor Traytor . to thy Master ( Innuendo the Plaintiff ) adjudged that the Action lay , it being moved after verdict in arrest of Iudgement . Croo. 1. part last publisht fol. 906.

Case 75.

Trin. 11. Jac. B. R. Mathew versus Crasse . In an Action of the Case for these words , Thou art a Whore-master , for thou hast layen with Browns wife , and hadst to doe with her against a chair : and set forth that by reason thereof Charge of Incontinency . Spiritual Slanders . hée lost his marriage , &c. ad damnum , &c. And it was objected , that the words are not tryable here , but examinable in the Ecclesiastical Court , and therefore not actionable : But it was answered , and agréed by the Iudges , that the Temporal loss , makes it actionable as in the Case of a woman , as where one is callad Bastard alone ; this is determinable by the Hee is a Bastard . Ordinary ; but if he add further to entitle himself to be heir , or shews some possibility of being heir , this may make the words actionable . Bulst. 2. part 90.

Case 76.

Brian Nelson versus Staffe . Pasche . 15. Jac. B. R. An Action was brought in Slander of a Title Hindrance of preferment . Bastard . Co. Banco , that whereas Thomas Nelson was , and yet is seised of Land in fée to the value of one hundred pound a year , and married to Elizabeth , and had issue betwéen them the Plaintiff . And whereas there was communication betwéen the Plaintiff and Mary Cividal . concerning a marriage betwéen them , and hee was offered with her six hundred pound , that the Defendant of purpose to scandalize him , and to hinder him of his said marriage , speaking of the Plaintiff with J. S. said these words of the Plaintiff , hath that Bastard Brian Nelson caused you to bee arrested ; is that all the spight the Bastard can do you . By reason of which words he lost his marriage , &c. Vpon not guilty it was found for the Plaintiff , and damages given , and a Writ of error brought , and a Iudgement given for the Plaintiff , and so the first Iudgement was affirmed , and agréed , that the words were spoken affirmatively , and not by way of Interrogation , and that the Action was given for the stain of his blood , and his special damage . And that a man may , perhaps have this Action , albeit he have no Land at all . Croo. 2. 422.

Case 77.

Trin. 15. Jac. B. R. Sr. John Tasburge versus Day . This Action was brought for this , that whereas hee was a Iustice of Peace , &c. and that hee upon the seventh of March , and long before seized in Fée of the Advowson Slander of a Title . Of an Officer . of Sandcroft in the County of S. and intended to sell it towards the paiment of his debts , and the Defendant knowing of it , and intending to Slander him in his Religion , &c. and to Slander his Title to the Advowson , and hinder the sale thereof , the same day having spéech with divers persons about his Title to the Advowson , and about his Religion ; spake these words , True it is , that Sir John Tasburge was the true and undoubted Patron of Sandcroft , but now hee hath lost that Patronage and presentation by being a Simonist and a Recusant , both which I will prove him to bee . By reason whereof hee was hindred in the sale of his Advowson . And upon not guilty pleaded , and a verdict for the Plaintiff , it was adjudged for the Defendant , because it doth not appear hee was about the sale of it , and so had any special damage by it , and for the rest of the words they were held not Actionable , Croo. 2. 484.

Case 78.

Pasche . 13. Car. B. R. Humfreys and Studfields Case . In this Action for Hindrance of preferment . words , the Plaintiff declared , that hee was heir apparent to his Father , and also to his younger Brother , who had purchased lands , but had no Issue , either male or female , and that the Defendant , with an intent to bring him in disgrace with his Father , and also with his younger Brother , and thereby to make the Father and younger Brother to give away their Lands from the Plaintiff , did maliciously speak these words of him , Thou art a Bastard , which were spoken before the Father and the Brother ; Hee is a Bastard . by reason of the speaking of which words , the Father and younger Brother did intend , and afterwards did give their Lands from the Plaintiff : and by the opinion of the whole Court it was adjudged , that the words were Actionable , and Iudgement entred accordingly . Godb. Rep. 451.

Case 89.

Pasche . 15. Jac. B R. Cooper versus Smith . This Action was brought for this , viz. waterman and thou [ Innuendo the Plaintiff ] hast killed Charge of Murder . thy Masters Cook [ Innuendo , &c. ] and I will bring thee in question for thy life ; And after Verdict for the Plaintiff , and motion to arrest the Iudgment for the Incertainty of the words , for that it did not appear , who was his Master , or that his Master had a Cook , it was adjudged for the Plaintiff , Incertainty . Innuendo . and said , that albeit the Innuendo cannot make a thing incertain , certain , but shall serve only as a predict , yet the words import , that hee had a Master , and that his Master had a Cook , &c.

And another Action was brought for these words , viz. thou hast sacrificed thy Childe to the Devil , and adjudged that the words were Actionable . Charge of Murder . Pophams Rep. 128. Bridgmans Rep. 60.

Case 80.

Mich. 44. 45. Eliz. B. R. An Action was brought for this , Thy Father By Report . Averment . said thou hast murdred thy husband [ Innuendo such a man by name ] jam defunct , and averred , ubi re vera , her Father spake no such words . And Verdict for the Plaintiff upon not guilty pleaded , and it was moved in arrest of Iudgement , because it was not averred , that the husband was dead at the time of the words spoken , and divers Cases cyted to the purpose . Yelvertons Rep. 20 , 21.

Case 81.

Mich. 23. Car. B. R. Person and Dawson . An Action was brought for Charge of Theft . this , your Son [ Innuendo your Son William ] stole a Horse , and sold him for ten pound , and a verdict for the Plaintiff , upon a not guilty , and after many motions to arrest the Iudgement , it was given for the Plaintiff . Stiles Rep. 46.

Case 82.

Pasche . 33 Eliz. B. R. Buckley versus Wood. The Plaintiff in this Action Slander in a course of Justice . declared , that whereas the Defendant did exhibit a Bill against him in the Star-Chamber . 30. Eliz. containing ( inter alia ) that hee was a nozeler of Théeves , Murderers , and Pirates , &c. and recited a great part of the Bill , that afterwards the Defendant at P. in the County of Salop. 7 , Maij. 31. Eliz. Said hee would justifie his Bill to bee true in every part , &c. The Defendant pleads , that the seventh of May at Wellminster in the County of Middlesex , he was demanded of the Lord Chancelour , if his Bill were true , and he said it was true in all points . Absque hoc , quod dixit predicta Pleading . verba , before or after the said day , Aliter vel alio modo . And upon this the Plaintiff did demur ; in this Case , albeit it was objected ; For the first thing , that it was in a course of Iustice , and that his words after were justifiable , and that the declaration containing this , that he had exhibited his Bill inter alia , was not good , but that he ought to recite the whole Bill ; yet it was adjudged for the Plaintiff , for that they were matters not examinable in that Court , and especially because hée had spoken of them after in the Country . Croo. 1. part last publisht . 230. 247.

Case 83.

Action for these words , Coles hath strained a Mare , Innuendo carnaliter Strained a Mare . cognovit equam ; the Iury found , that the Defendant spoke the words , C. hath strained a Mare , meaning that carnaliter cognovit , &c. And upon these words the Plaintiff had Iudgement , although it was alledged , that the words in themselves had no sense ; And the Innuendo will not help the Innuendo . matter , but only denote the person ; but because the verdict was found prerisely , that this was his meaning , and it is a phrase of the Country ; it was adjudged for the Plaintiff . Croo. 1. part last publisht . fol. 250.

Case 84.

Mich. 33. & 34. Eliz. B. R. Cole vers. Havilland . This Action was A. hath strained a Mare . brought for these words , Coles hath strained a Mare , Innuendo , Carnaliter cognovit equam , and upon issue joyned , &c. the Iury found the words , and the meaning thereof to be as was declared , and Iudgement was given for the Plaintiff . Croo. 1. part last publisht . 250.

Case 85.

The Bishop of Norwich against Pricket . Action de scandalis magnatum , Scandalum Magnatum . brought for these words , viz. You ( predictum Episcopum Innuendo ) have writ a Letter to mee , which I have to shew , which is against the Word of God , against the Queens authority , and to the maintainance of superstition , and that I will stand to prove against you . And the Plaintiff recovered five hundred marks damages . Croo. 1. last publisht . 2.

Case 86.

An Action was brought for these words , A. did wrap Gun-powder Endeavour to burn a house . in a peece of Tow , and laid it under my Window , and put fire to it , minding to burn my house . And the Plaintiff had Iudgement . Croo. 1. part last publisht . 6.

Case 87.

Griffith against Morrison . An Action was brought for these words . Bankerupt Knave . Where is that Bankerupt Knave ? where is that Pillory Knave ? And the Plaintiff had Iudgement . Croo. 1. part last publisht . 26.

Case 88.

Morgan versus Kiffe . Hill . 9. Eliz. An Action was brought for these words , A. did maintain , victualled , and helpt to let go certain Pirates contrary to the Law of the Realm , and Proclamation made . And it was adjudged Hee maintains Pirates . for the Plaintiff , that the words were actionable . And there it was said , it had béen adjudged to lye for this , Hee maintained Theeves . Between Lea and Pennistone .

Case 89.

An Action was brought for this , Thou hast sitten upon the Pillory . And Pillory . adjudged not to lye . 29 30. Eliz. B. R. Croo. 1. part last publisht . 62.

Case 90.

Prowse versus Cary. Pasche . 30. Eliz , B. R. An Action was brought Charge of Subornation of Perjury . for this , Thou hast procured false witnesses to swear in such an Action ; and the Plaintiff had Iudgement . But if the words had béen , You brought in false witnesses . It had been otherwise . Croo. 1. part last publisht . 93.

Case 91.

Charge of Attempt , and Endeavour of Robbery . Mich. 36. 37. Eliz. B. R. Weeks Case . Action for these words , Week assaulted mee , and others , to have robbed us , but wee were too strong for them , and escaped . It was adjudged actionable ; and agréed to lye for this , J. S. lay in wait to do a Robbery , or Murder , although no Felony be done . Croo. 1. part last publisht . 349.

Case 92.

The same year B. R. Lyne versus Backhouse . Action for these words , Charge of Robbery . Doubtful words . Hee hath beaten mee , and taken away my purse , and twenty shillings in money . It was held per curiam , that the words are not actionable , for it may be intended , hée took them as a Trespasser , for hée doth not charge him with Felony . Croo. 1. part last publisht . 353.

Case 93.

Pasche . 37. Eliz. B. R. Jinkinson versus Maine . Action for these words , Indirect charge . The Plaintiff deserved to have his ears nailed to the Pillory . Adjudged that the Action lyes . Croo. 1. part last publisht . 384.

Case 94.

Pasche . 39. Eliz. B. R. Goodale versus Castle . Action for these words Filcher . Cut-throats . Thou art a common Filcher , companion of cut-throats , and a Forger of Writings ; It was agreed , for all the words but the last , no Action will lye , by two Iudges it will lye for the last words . Croo. 1. part last publisht . 554.

Case 95.

Pasche . 39. Eliz. B. R. Ausly versus Mason . Action for these words , Charge of Forgery . Thou hast made a forged Bond , and I will prove it , upon not guilty pleaded , a verdict for the plaintiff , a motion to arrest the Iudgement , it was adjudged for the plaintiff . Croo. 1. part last publisht 554.

Case 96.

Mich. 39. & 40. Eliz. B R. Pollard and his wife versus Armshaw . Action for these words , Thou art a Whore , and J. S. hath the use of thy Charge of Incontinency . body ; The Cart is good for thee . After verdict , and motion to stay the Iudgement . It was adjudged for the Defendant , and that the words were not actionable . Croo. 1. part last publisht . 582. Goldsb . 172.

Case 97.

The same Term and Court . Harrisons Case . Action for these words , Charge of Perjury . Thou hast forsworn thy self at London , and there it appeareth upon Record . Upon a Demurrer it was ruled , that it will lye . Croo. 1. part last publisht . 583.

Case 98.

The same Term , and Court . Redferne versus Tod . Action for these Charge of a Rape . Words indirect . words , Hee should have been hanged for a Rape , but it cost him all the mony in his purse . After verdict , and Motion to arrest the Iudgement , it was adjudged for the Plaintiff . Croo. 1. part last publisht . 589.

Case . 99.

The same Tearm and Court . Shaw and Tompson , Action for these Charge of Perjury . words , Thou art a forsworn Knave , and I will prove thee forsworn in the Spiritual Court ; after verdict , and motion to arrest the judgement for the words , it was objected they were not actionable no more than these ; Thou wert forsworn in Whit-Church Court , it was adjudged for the Plaintiff , Croo. 1 part last publisht . 609.

Case 100.

The same Tearm and Court , Action for these words , The Plaintiff hath forsworn himself , [ Innuendo before the Justices of Assize , &c. ] and Charge of Perjury . the whole Court held , That the words were not actionable , for the words are not sufficient , and the Innuendo will not help it ; wherefore it was adjudged for the Defendant . Croo. 1 last publisht , 609.

Case 101.

The same Tearm and Court , Wells against Hemmerson , Action for Rebel . these words , Thou art a Rebel , and no true Subject ; after Verdict , and Motion to stay Iudgement , it was adjudged for the Defendant , that the words were not actionable . Croo. 1 part last publisht , 622.

Case 102.

Mich. 40 Eliz. B. R. Blake versus Stanley , Action for words , Thou art Charge of coyning false money . a Coyner of false Money , and I have Money to shew which thou coynedst ; after verdict , and motion to stay the judgement , it was adjudged for the Plaintiff . Croo. 1 last publisht , 629.

Case 103.

The same Tearm Co. B. Action for words , viz. That hee keeps a Bawdy-house . And ruled , that the Action lyes not , for by the Common Law Thou keepest a Bawdy-house he is not punishable , but by the custom of London ; and therefore this Action ought to be sued in the Spiritual Court . Croo. 1 part last publisht . 643.

Case 104.

Pasche 41 Eliz. Co. B. Slade versus Allen , Action for these words , Thou Charge of Murder . art a Murderer , and a bloudy Fellow , and I am afraid of thee . Vpon Demurrer adjudged actionable . Croo. 1 part last publisht , 672.

Case 105.

Trin. 44 Eliz. B. R. Brown Versus St. John , Action for these words , You have committed Burglary in breaking his house [ Innuendo the house of one Bennet ] and stealing of his goods . After verdict , upon motion Charge of Burglary . to arrest the Iudgement , it was adjudged not actionable , for the breaking of the house may be but Trespasse , he doth not say whose house he brake , and so it is altogether incertain . Croo. 1 part last publisht . 889. Incertainty .

Case 106.

The same tearm and Court . Cox versus Humfrey . The Action was Charge of Felony . Receipt of stoln goods . Cut-purse . Incertaine words . thus , Thy Boy [ Innuendo Ambrose Lathum the Plaintiffs Wives Son ] hath cut my Purse , and thou hast received it knowing of it , and hast the Rings and Mony that were therein , in thy hand , therefore I charge thee with felony . It was adjudged that the Action lay not , for it doth not appear that the Purse was cut feloniously , and then the receiving of the things and Boy is not felony ; it was adjudged for the Defendant . Croo. 1. last publisht . 889.

Case 107.

The same Tearm and Court , Daws versus Bolton . Action for these Charge of Receipt of stoln goods . words , Thou art a Knave , and hast received stoln Swine , and hast received a stoln Cow , and thou knewst they were stoln ; upon not guilty , verdict for the Plaintiff , and a motion to stay the Iudgement ; it was agréed by the whole Court that the Action did not lye for these words , for the receiving of goods stoln knowingly , unlesse it be to maintaine the Felon , is not felony . And there agréed that the Action will lye for this , Thou layest in wait to murder one ; and that hee might receive the goods as Lord of a Mannour , or his Bayliff , as a waiffe or felons goods . Coo. 1 part last publisht . 888.

Case 108.

Trin. 26 Eliz. B. R. Smiths Case . Action for words , for that when as R. Charge of Felony . Smith was attained of Felony , and shewed what the Defendant said . You [ Innuendo the Plaintiff ] have done as ill and worse , and it will cost you as Words incertaine . much to be quit as it cost him ; it was conceived the words might bee actionable , have certainty enough in them .

Case 109.

Trin. 28 Eliz. B. R. Sir Tho. Cockaine and his Wife versus Witnam . The Action was , My Lady Cockaine did offer two shillings to a woman with Endeavour to Murder . childe to get her a drink to kill her childe , because it was gotten by I. S. Sir Tho. Cockaines Butler . And it was adjudged for the Plaintiff , that the words were actionable . Croo. 1 part last publisht . 49.

Case 110.

Mich. 29 , & 30 Eliz. Action for this , If you had your deserts you had Charge of Felony . been hanged before now ; and it was agréed to bee actionable , and it must be intended he had committed some offence for which he had deserved to bée hanged ; and there it was said by Wray Iustice , that it had béen adjudged , Charge indirect and incertaine . That where one did write the name of another upon a wall , and writ also , That if this man had his deserts he should have been hanged on the Gallows , and drew a pair of Gallows on the wall ; that for this the Action will lye . Croo. 1 last publisht . 62.

Case 111.

Doctor Caesar versus Curseny , Mich. 35 , 36 Eliz. B. R. An Action for Slander of a Judge of a Court. words , That whereas the Plaintiff was Iudge of the Admiralty , and I. S. had a Suit against the Defendant , and the Defendant said , That the sentence given by the Plaintiff , Innuendo sententiam predictam , &c. Corruption . was corruptly given , and upon not guilty , a Verdict , and a Motion to arrest the Iudgement , it was adjudged for the Plaintiff , Croo. 1 last publisht . 305.

Case 112.

Charter versus Peter . Hill 40 Eliz. Error was brought in the Exchequer Charge of Treason . Chamber of a Iudgement in the Quéens Bench , for these words , Thou art an Enemy to the State ; for that the words were not actionable . But it was adjudged that they were actionable . Croo. 1 part last publisht . 602.

Case 113.

M. 6. Jac. B. R. the Action was brought for these words , Thou dost Charge of Witch-craft . work by Negromancy , and dost work by the Devil ; and it was adjudged to be actionable , for they are words of infamy and reproach , &c. Yelvertons Rep. 150.

Case 114.

Higgs against Austin . Pasche . 7. Jac. B. R. for this , Thou hast stoln Charge of theft of Wood. as much Wood and Timber as is worth twenty shillings , and the Iury found the words , and this further , off my Landlords grounds , and it was adjudged for the Plaintiff ; for these words doe not gualifie , for Timber must néeds be separate from the ground , &c. Yelvertons Rep. 152.

Case 115.

VVeblin and Mayer , pasche 7. Jac. B. R. for these words , It will bee proved by many vehement presumptions , that the Plaintiff was a plotter Charge of Murder , by words incertain and contriver of the death of one Powel , because he would not sell him his Land ; and it was adjudged not actionable , for he doth not directly charge the Plaintiff , but doth refer to presumption , and slanderous words must be spoken affirmatively . Yelverton , 153.

Case 116.

Newlin and Fa●●et . Pasche . 7. Jac. B. R. The Action was for these words , The Plaintiff is a Felon . Take héed what you say , saith a stranger , He is a Felon . Why ( saith the Defendant ) is not hee a Felon , that knew of a Murder , and concealed it ? Hee ( Innuendo , the Plaintiff ) knew of the Murder of A. L. and did not reveal it , till long after it was openly known . And it was adjudged actionable . And that the first words were so , and the subsequent Words of qualification . words did aggravate the slander . And there a difference was taken betwéen words of qualification spoken at the same time , and spoken afterwards . As one saith , Thou art a Felon , for thou hast stoln my Apples off my Trees , is not actionable . But if one say , Thou art a Theef , and a stander by say , Beware what you say , and the other say , I will justifie what I say , is not hee a Theef that stole my evidence ; it comes too late now to qualifie the former words . And there it was said by one Iudge , to say , J. S. is a Traitor , for hee robbed a man by the high way side , is not actionable . And by another Iudge , that it is actionable . Yelverton . Rep. 154.

Case 117.

Bury and Wright . Bear witness , Mistress , that hee hath stoln my Charge indirect of steal-ing . Hair-cloth . And it was adjudged against the Plaintiff , and that the words were not actionable , for there is no direct Affirmation in the words , that import a charge of his stealing of it . No more than if hée had said , Mistress , you will bear witness that hee hath stoln my horse , for by this , the party that speaketh doth not slander , but resteth in the testimony of others for the proof of it , as if hée had said , J. S. will prove you stole my horse ; these words will not maintain an Action . Quod nota . Yelvertons Rep. 126.

Case 118.

Nile and Swanson . Mich. 6. Jac. B. R. This Action was brought by a Slander of an Officer . Bribing . Justice of Peace . Town-Clerk , and Steward of a Mayors Court in a Town , Hee hath taken forty shillings for a Bribe , and it was adjudged to lye , and that it shall have reference to him in his office , So to say so of a Iustice of Peace , or Clerk of Assize . Yelvertons Rep. 143.

Case 119.

Blanchflower and Atwood . The Action was for this , I will hang him , Charge of Treason . for hee hath spoken words which be high Treason ; and they were adjudged actionable . Yelverton . Rep. 107.

Case 120.

Brinsby and Balgy . M. 5. Jac. B. R. The Action was brought by a Charge indirect of a Robbery . Maid in a Treaty of Marriage for this . It is no marvel shee comes not to Church , for it is thought she is with childe , and I fear it is too true . And it séems not actionable . And yet that such words used about a Robbery , would be actionable . Yelvertons Rep. 113.

Case 121.

Tomson and Knot . M. 6. Jac. B. R. The Action was brought for these Charge indirect of a Theft . words , You might have known your own sheep , and not have stoln mine ; In this Case , by two Iudges the words were not actionable , for they are no direct affirmation of any stealing , but by way of Implication , and a slander may not be drawn in by a strained construction . And two Iudges , that they were actionable . Yelvertons Rep. 145.

Case 122.

James Wilshire hath forged the late Queens Writ ; It was affirmed in Forgery . a Writ of Errour , that the words are actionable . Wilshire Case . Mich. 5. Jac. B. R. Yelvertons Rep. 146.

Case 123.

Staverton and Relfe . M. 7. Jac. B. R. The Action was this , I will prove Charge indirect of Perjury thee a perjured Knave . And it was adjudged actionable , for these words , I will prove , import a vehement affirmative of the thing , and the Plaintiffs guilt therein . Yelvertons Rep. 160.

Case 124.

Dromant and Westofer . M. 6. Jac. B. R. The Action was for these Charge of Theft . Pickpocket . words , The wife of D. [ Innuendo , the wife of the Plaintiff ] pickt five shillings six pence out of H. Davis wives pocket , and her Husband [ Innuendo , the Plaintiff ] was consenting to the same ; and in this Case the Iudgement given in the Common-Pleas , upon a Writ of Errour , was affirmed in the Kings-Bench for the Plaintiff , for the first words , to pick a pocket , &c. are slanderous , and in the common phrase is in the worst sense a stealing . Yelvertons Rep. 136.

Case 125.

Tuerleote and Morrison . Hill . 8. Iac. B. R. The Action was brought for these words , by an Alien Merchant , Hee is a Bankerupt , and fled beyond the Seas for much mony . And the Defendant pleaded , that the Alien . Plaintiff was an Alien ; but it was adjudged for the Plaintiff . Yelvertons Rep. 199.

Case 126.

1 In an Action upon the Case for words , the Plaintiff did declare , That Case . hée was Heir apparent to his Father , and also to his younger Brother , who had purchased Lands , but had no issue , either Male or Female ; and that the Loss of Preferment . Defendant , with an intent to bring him in disgrace with his Father , and also with his younger Brother ; and thereby to make the Father and younger Brother to give away their Lands from the Plaintiff , did maliciously speak Thou art a Bastard . these words to the Plaintiff , Thou art a Bastard , which words were spoken in the presence of the Father and younger Brother ; by reason of speaking which words , the Father and younger Brother did intend , and afterwards did give their Lands from the Plaintiff . And by the opinion of the whole Court , it was adjudged , that the words were actionable , and Iudgement entred accordingly . Godbolt . Rep. Case 519. Humfreys Case . 13. Car. B. R.

Case 127.

Mich. 20. Jac. B. R. Elborrow versus Allen. Action upon the Case . Whereas hee was the Son and Heir of John Elborrow , and Anne his Slander of a Title to Land . Wife , Daughter and Heir of John Travel , and had divers Lands by discent from them , of the value of two hundred pound per annum , that the Defendant envying his estate , speaking of the Plaintiff , and Katherine his wife , said these words , Shall Elborrow his wife sit above my wife ; hee is but a Bastard ? That by this hée was much scandalized in his Estate , and forced to great expence to defend his Title , upon Nihil dicit , writ of Injury , and fifty pound damages , and after motion to arrest the Iudgement , it was given for the Plaintiff And it was agréed , that the words in themselves were scandalous and dangerous , that may cause his Inheritance to be questioned . Croo. 2. 642.

Case 128.

Banister sued Banister , for saying to him , being Son and Heir to his Father , Slander of a Title to Land . That hee was a Bastard . And it was resolved that the Action would lye , for the words tended to his dis-inherison . But if the Defendant himself had pretended to be the next Heir , then the words had not béen actionable . Trin. 25. Eliz. B. R. Mich. 3. Jac. B. R.

Case 129.

Two men having speech together of John Syms , and William Syms , Slander incertain in the person slandered , and in the matter . one of them said , The Symses make Half-crown peeces , and John Syms did carry a cloak-bag full of clippings . And whether the Action would lye , was the question , because it was incertain in the person ; for hee did not say , these Symses , but the Symses : Like unto the Case where one Farrer being slain , and certain persons being Defendants in the Starre-Chamber , one having spéech of them , said , These Defendants did murder Farrer , and it was adjudged , that the Action would not lye , for two causes . First , Because the words ( these ) was incertain in the person ; And secondly , it was incertain in the thing ; for it might be , that they had authority to do it ; as in Mills Case . 13. Jac. in the Kings-Bench , Thou Charge of coyning of money . hast coyned Gold , and art a Coyner of Gold . Thirdly , a Cloak-bag of Clippings , that is also uncertain ; for it might be Clippings of Wooll , or other things , or it might be Clippings of Silver from the Goldsmith ; for the Goldsmith that maketh Plate , maketh Clippings ; and fourthly , it is not shewed any certain time , when the words were spoken . And for these causes it was adjudged that the Action would not lye . Godbolt . Rep. Case . 477. Syms Case . Pasche . 3. Car. B. R.

Case 130.

Note it was cited by Chamberlain Justice 15. Jacobi , to be adjudged , Hinderance of Preferment , Bastard . Slander of a Title For saying one is a Bastard . That where a man brought an Action upon the Case against another man , for calling of him Bastard , that the Action was maintainable ; the Defendant brought a Writ of Errour , and shewed for Errour , that the Plaintiff did not claim any Inheritance , or to be Heir to any person certain : But notwithstanding that Errour assigned , the Iudgement was affirmed . And hee said , that if one saith of J. S. that his Father is an Alien , that an Action upon the Case will lye , because it is a disability to the Son . Quere Godbolt . Rep. Case 421.

Case 131.

Mich. 6. Jac. B. R. Vaughan versus Ellis . Errour of a Iudgement in Slander of a Title . the Exchequer , in an Action of the Case for words , for calling of him Bastard . And the cause of the Errour was laid to be , that the Action lies not for these words , without special cause shewn , that hée was damnified by them ; as that hée was inheritable to some Lands , and by reason thereof he Hindrance of preferment . is to have losse . And here it is shewn , that such Land was given in tail to his Grandfather , and that his Father had divers Sons , whereof the Plaintiff is youngest Son , and his Elder Brothers are living ; and that such a one was to buy the Land , and offered him so much for his Title . And by reason of those words , refused to give him any thing . In this case it was For saying of one , Hee is a Bastard . agréed , that albeit hée had no present Title , but a possibility ; and being offered mony for it , and having lost this gain by the words , and in futuro , might receive prejudice , in case hee were to claim any Land by descent . And for these causes they held the words actionable ; and did affirm the Iudgement . Croo. 2. 213.

Case 132.

An Action of the Case was brought for speaking of these words , viz. J. S. For saying , Thou hast had Bastards . 34. years since , had two Bastards , and hath paid for the nursing of them ; and the Plaintiff shewed , that by reason of these words , contention grew betwirt him and his wife , almost to a divorce : and it was adjudged , that an Action would not lye for the words ; and the Chief Iustice said , that an Action upon the Case doth not lye for every ill word , but for words by speaking of which , the Plaintiff is damnified , and that cannot be in this Case , the time being so long past . And the causes wherefore a man shall be punished for saying , that a man hath a Bastard , are two ; the one because by the Statute of 14. Elz. The offender is to be punished for the same . And secondly , because the party by such means is discredited , or hindered in his preferment . Godbolt . Rep. Case . 385. Pasche . 16. Jac. B. R.

Case 133.

Sir Gilbert Gerrard brought an Action against Mary Dickinson , and Slander of a Title . declared , that hée was seized of the Land in Fée , and was in treaty to make a Lease of it , for two and twenty years , at a hundred pound a year Rent to R. Egerton ; and that the Defendant knowing of it , said , I have a Lease of the Mannor and Castle of H. ( which was the same Land ) for ninety years , and published it , &c. by reason whereof R. Egerton did not procéed . In this Case it was agréed , that no Action would lye for the words , although they were false , because the Defendant did pretend an interest in the Land . So if the Defendant had said , that the Plaintiff had no right to the Land , but that shee her self had right to it ; no Action would lye for this . Coo. 4. 18.

Case 134.

An Action upon the Case was brought for these words , viz. Thou art a For saying , Thou art a Couzener and Bankerupt . Couzener , and Bankerupt , and hast an occupation to deceive men by ; the words were spoken of a Gentleman , who had a hundred pound Land per annum , to live upon ; and therefore although hée used to buy and sell Iron , yet because hée was not a Merchant ; nor did live by his Trade , the better opinion of the Court was , that the words were not actionable , and so adjudged . Godb. Rep. Case 45. Hill. 28. Eliz. B. R.

Case 135.

Pasche . 15. Car. 1. Smiths Case . One said , Thou art forsworn , and hast Charge of Perjury . taken a false Oath at Hereford Assizes against J. S. And the opinion of the Court was against the Action . But it was said , it would have lyen for this , Thou art forsworn , and hast taken a false Oath at the Assizes against J. S. with an Averment , that hée was sworn in the cause . March . Rep. pl. 17. Smiths Case . Pasche . 15. Car. 1.

Case 136.

Easter 15. Car. 1. Molton versus Clapham . The Defendant upon reading Perjury . Affidavids in Court openly , in the presence and hearing of the Iustices and Lawyers , said , There is not a word true in the Affidavids , which I will prove by forty witnesses . March . Rep. pl. 45. Molton versus Clapham . Easter . 15. Car. 1.

Case 137.

Mich. 15. Car. 1. Johnson versus Dyer . The Case was this , The Defendant Incertain charge of Felony . having spéech with the Father of the Plaintiff , said to him , I will take my Oath , that your Son stole my Hens ; But did not averr that hée was his Son , or that hee had but one Son ; and it was held not good . March . Rep. pl. 96. Mich. 15. Car. 1.

Case 138.

Mich. 15. Car. 1. Just. Crooks Case . It was agreed , That if one had preferred Manner of divulging of a Slander . a Bill in the Starr-Chamber against a Iudge , for Corruption in his office , and then shall go unto a Tavern , or other place , and tell the effect of it , that this is actionable . March . Rep. pl. 119.

Case 139.

Pasche . 17. Car. 1. B. R. Sir Richard Greenfields Case . The Action agreed Charge of couzening . to be maintainable for this , Thou hast received mony of the King to buy new Saddles , and hast couzened the King , and bought old Saddles for the Troopers , for hee may thereby lose his office or imployment : So if hee had said these words of the Kings , Sadler . March Rep. pl. 135.

Case 140.

Trin. 17. Car. 1. Co. B. Action was brought for this , Thou hast killed my Charge of Murder . Lack of Averment . Brother , Innuendo C. &c. fratrem nuper mortuum ; and it was held by the whole Court not actionable , without averment that hee was dead , and that the Innuendo will not do it . March . Rep. pl. 187. See Hobb . Rep. pl. 11.

Case 141.

Trin. 17. Car. 1. Hawes Case . The Action was brought for these words , Charge of speaking against the book of Common-Prayer . Averment Necessary . My couzen Hawes hath spoken against the Book of Common-Prayer , and said , it is not fit to be read in the Church ; with an averment of a special losse by it , that hée was called into the Spiritual Court , and the Plaintiff had Iudgement in it . March . Rep. pl. 191.

Case 142.

Mich. 17. Car. 1. Co. B. Baine sued for these words , That hee kept a Charge of cheating and couzening . Averment . false Bushel , whereby hee did cheat and couzen the poor . But hée set forth , that hée was a Farmer , did use to sow Land , and sell the Corn , and thereby maintained himself , and his Family ; and that the words were spoken to one that did use to buy of him , and that by reason of the words , hée lost his custome . And it was adjudged actionable . March . Rep. pl. 192.

Case 143.

Mich. 17. Car. 1. Co. B. A. sued for these words , That hee kept false Couzening . weights ; and hée set forth , that hée got his living by buying and selling , but did not shew of what Trade or Profession he was , and agréed that the Action will not lye . And if hée had shewed hée had béen of a Trade , it will not lye , because hée doth not shew that hée did use them . March . Rep. pl. 197.

Case 144.

In Mich. 11. Jac. B. R. and Exchequer Chamber . Miles versus Jacob. For Charge of poisoning a man . these words , Thou [ Innuendo , &c. ] hast poisoned Smith [ quendam Sam. Smith ad tunc defunct . Innuendo ] and if it cost mee a hundred pound I will hang thee for it . And declared further , that of méer malice at the next Assizes , &c. hée procured him to be falsly indicted , that hée had given poisoned drink to Smith , to the intent to poison him , whereof hée died , whereupon For procuring of an Indictment . Miles was afterwards acquitted ; upon not guilty , it was found for the Plaintiff , and damages severally for the words . And Iudgement seven pound a péece , Costs entire . Vpon a Writ of Errour in the Exchequer-Chamber , it was adjudged that the words would not bear an Action , for it doth not appear that hée did it wittingly , or that hée was dead at the time of the words spoken . And the Innuendo will not supply it , it is no sufficient Averment . Innuendo . But for the Iudictment it was adjudged , that the Action will lye . So that for the damages for the words , the same being several , the Iudgement being reversed , for that part failed . But the Iudgement for the Iudictment , and damages for it , was affirmed , and for all the Costs . Hobb . Rep. pl. 11.

Case 145.

Mich. 7. Jac. in Co. B. Muttons Case . An Action of the Case was brought Sorcerer . Inchanter . against Mutton , for calling of the Plaintiff Sorcerer , and Inchantor , who pleaded not guilty ; and it was found against him to the damages of six pence , and it was holden by the whole Court in the Common-Pleas , that no Action lyeth for the said words : For Sortilegium est rei futuri per sortes exploratio , et Sortilegus sive sortilegista est qui per sortes futura prenunciat ; Inchauntery est verbis aut rebus adjunctis aliquid preter naturam moliri . And it was said , that it was adjudged , that if one calleth another Witch , Witch . that an Action will not lye , for it is too general : But if one saith , shee is a Witch , and hath bewitched such a one to death ; an Action upon the Case lyeth , if in truth hee bee dead . And if a man bee called a Conjurer , Conjuring . hee shall not have any Action upon the Case , unless hee saith , that hee is a conjurer of the Devil , or of any evil , or wicked spirit . Coo. select Cases page 59. Case 26.

Case 146.

Mich. 5. Jac. B R. An Action was brought by John Prichard against Robert Charge of Murder , by words repugnant . Murder . Hawkins for Slanderous words , published the last day of August , in the third year of the King , viz. That Prichard , which serveth Mrs. Shelley , did murder John Adam's Childe , ( Quandam Isabellam Adams modo defunct , filiam cujusdam J●hannis Adams of Williamstre in the County of Glocester , Innuendo ) upon which a Writ of error was brought in the Exchequer-Chamber , upon a Iudgement given for Prichard in the Kings-Bench : and the Iudgement was reversed in Easter Term 7. Jac. because it did not appear , that Isabel , was dead at the time of the speaking the words ; for tunc defunct , ought to have béen in the place of modo defunct . Coo. Select Cases page 71. Case 35.

Case 147.

Easter 8. Jac. B. R. Humphrey Dison said of Nicholas Bestney , Utter Barrester and Counsellour of Graies Inn , thou a Barrester ? thou art no Barrester , thou art a Barretor ; thou wert put from the Barr , and thou darest not shew thy self there ; Thou study Law ? thou hast as much wit as a Daw. Vpon not guilty pleaded , the Iury found for the Plaintiff , and assessed damages to twenty thrée pound , upon which Iudgement was given , and in a Writ of error in the Exchequer-Chamber , the Iudgement was affirmed . Coo. Select Cases page 71. Case 36.

Case 148.

An Action of the Case was brought against one , for that hee said to another , I will give thee ten pound to kill such a one , and the Question Charge of words of Attempt , and Endeavour to Murder . Murder . was , whether the Action would lye . It was said , by Sir Thomas Cockain , that such a Lady had given poyson to such a one to kill her Childe within her , that the words were not Actionable . Also one said , That another had put Gun-Powder in the Window of a house , to fire such a house , and the house was not fired ; adjudged that the words were not Actionable , the Case was betwixt Ramsey of Buchingham shire and another , who said , that hee lay in wait to have killed him ; It was found for the Plaintiff , and hée had forty pound damages given him . But of the principal Case , the Court would advise . Godbolt . Rep. Case 51. Banco Regis . Mich. 28. 29. Eliz.

Case 149.

Hill. 43. Eliz. Stich. versus Wisdome , for these words , Hee did better Charge of Robbery . Manner of uttrance of words or Indirect charge . Opinion . than many an honest man did ; for there is many a truer and honester man hanged . And there was a Robbery committed , whereof I think him to be one ; And I verily think him to bee a Horse-stealer , and not guilty being pleaded , it was found for the Plaintiff , and Iudgement upon it . Goldsb . 186. and Owens Rep. 18.

Case 150.

Easter Term. 15 Car. An Action of the Case was brought by a Iourny-man , Slander to a Tradesman , Shoo-maker . and Foreman of a Shoomakers shop , which was his living , and livelihood , for these words , viz. It is no matter who hath him , for hee will cut him out of doors . And it was averred , that the common acceptance of the words amongst Shoomakers , is , that hee will make him run away , and begge , and alledged special damage by it ; and it was held actionable . In March . Rep. 2.

Case 151.

An Action of the Case was brought for speaking these words , Thou Charge of Murder . Incertaine words . dost lead a life in manner of a Rogue , I doubt not but to see thee hanged for striking Mr. Sydenhams man , who was murdered . And it was resolved by all the Iustices in the Exchequer Chamber , that the words were not actionable . At the same day in the same Court a Iudgement was reversed in the Exchequer Chamber , because the words were not actionable ; the words were these , viz. Thou usest me now , as thy Wife did when shee stole my goods . Godb. Rep. Case 331. Mich. 11. Jac. in the Exchequer Chamber .

Case 152.

Mich. 21 Jac. Action for these words , the Defendant having spéech with one Chapman of the Plaintiff , spake these words , Shee ( meaning the Plaintiff ) is a thief to you and to me , and hath stollen twenty pound Theft . from me , and forty pound from you ; the Defendant justified , that shée was a thief , and stole two Hens from her such a day , and year , feloniously ; the Plaintiff demurred upon the justification , because it is not a justification Pleading . of all the words , or of any part of the last words ; adjudged , the justification was not good , and therefore the Plea vicious ; and judgement was given for the Plaintiff . Hilsden and Mercers Case . Croo. 2 part , 676. Hilsden versus Mercer .

Case 153.

Hill 43 Eliz. Humphry Parlor sued for this ; Parlor was in Prison in a Manner of the charge of theft . Gaol for stealing of Mr. Piggots Beasts , and had a verdict and judgement upon it . Goldsb . 130.

Case 154.

Mich. 39 , 40 Eliz. Brough versus Dennison , for these words , Thou hast Charge of theft by words incertaine . stoln by the High-way side , and the words were not held actionable . Goldsb 143.

Case 155.

Mich. Jac. B. R. The Defendant spake these words of the Plaintiff , being a Iustice of the Peace , He ( meaning the Plaintiff ) for malice and spleen , did many times wrest the Law , and pervert Justice to serve his Slander of a just●ce of Peace . owne turn . It was moved , it was not alledged , That there was communication with any other of the Plaintiff , or that it was about the execution of his office ; and then the words , [ He did , &c. Non constat . whether the standers by knew they were spoken of the Plaintiff , and the words [ that he did many times wrest the Law , &c. ] might be spoken long before he was a Iustice ; but adjudged , the Action doth lye , the Declaration being that He , de prefate , Thomas Dixit : And secondly , the words shall be taken in the worst sense , to scandalize him in his office . Sir Tho. Beaumont , and Sir Hen. Hastings Case , Croo. 2 part. 240.

Case 156.

Pasche , 30 Eliz. Cutts versus Robbins , this Action was brought , and Words spoken in the time of another King . they were at issue ; and it was found for the Plaintiff , and hee had judgement , albeit the words were spoken in the time of Q. Mary , and perhaps the offences of that nature were pardoned . Goldsb . 85.

Case 157.

Hill. 43 Eliz. Hugh Hall sued for this , that whereas he had lost Cloth , and searched after it , that the Defendant said , Hugh Hall hath received Charge of being Accessary to a theft . three parcels of his cloath again of the thief , and if I receive any hurt henceforth I will charge him with it ; in this Case it was adjudged , that the words were not actionable , Goldsb . 119. Halls case .

Case 158.

The same Tearm Richard Somerstailes sued for this ; R. S. is a very Drunkenness . bad fellow , for he made I. S. drunken in the night , and couzened him of an hundred Marks ; and judgement was staied , for it was held , that the Couzening . words were not actionable . Goldsb . 125.

Case 159.

Hill. 7 Jac. B. R. The Defendant at W. in the County of G. in the hearing of divers , spake these words of the Plaintiff , being a Counsellour Slander of a Counsellour . at Law ; You are a paultry Lawyer , and use to play on both hands ; and at another time before the Chancellour of the Bishop of Gloucester , for he spake to the Chancellour of the Plaintiff , I hope you will not beleeve Mr. Rich , for he ( Innuendo Mr. Rich , ) is the furtherer and maintainer Maintainer of Felons . of Felonies ; adjudged the first words not actionable , but the last words . viz. That he was a furtherer of Felonies , were actionable , and so was it adjudged in Sir Hen. Leas Case , Rich and Holts Case . Croo. 2 part. 266.

Case 160.

Trin. 29 Eliz. an Action was brought for these words , Thou wouldst Charge of an Attempt , or Endeavour . have stoln a peice of cloath , or else thou wouldst have delivered it to my Wives daughter , and thou art a thief , and an arrant thief ; and it was adjudged they were actionable upon the last words ; otherwise perhaps it is where the words are , And therefore thou art a thief . Normans Case , Goldsb . 56. and Hill , 30 Eliz. Edward Smith sued VVarner for this , Theft . I was robbed of goods to the value of forty pound , and they were stoln by Smith , and his houshold [ Innuendo , the Plaintiff , and A. his Wife , and B. their Servant ] and upon not guilty , it was found for the Plaintiff , and he had judgement , and it was agréed , that each of them may have several Actions for the slander . Goldsb . 76.

Case 161.

Pasch. 9. Jac. B. R. Action for these words . Mr. Berisford ( meaning Charge indirect of Treason . the Plaintiff ) hath spoken Treason , and that I will prove ; moved , the words are not actionable ; 1 Because there is no expresse affirmation , that the Plaintiff is a Traytor . 2 The words , That I will prove , is quasi by way of argument , which is not to be taken in ill part . But the opinion of three of the Iustices was , that the words shall not be taken argumentative , but affirmative ; and Iudgement was given for the Plaintiff by consent of Parties , the Iudges being divided in it . Berisford and Cresses Case . Croo. 2. 275.

Case 162.

Hill. 10 Jac. Morton versus Leedel . The Action was for this , He is a Mainsworn Fellow . Lyar. lying dissembling fellow , and a mainsworn and forsworn fellow ; and judgement was given for the Plaintiff , after divers motions , Brownl . and Goldsb. 4.

Case 163.

Hill. 15 Jac. Harding versus Bulman . The Plaintiff declared , that before this he brought an Action against B. for slanderous words , to which he Indirect charge . pleaded not guilty , and that the Plaintiff gave evidence to the Iury to impeach the Plaintiffs testimony , that he was a common Lyar , and so recorded Manner of utterance . in the Starre Chamber , by which the Plaintiff gave him the lesse damage ; in this Case the Court agréed , that the Action would not lye . Goldsb . and Brownl. 2.

Case 164.

Pasche 29 Eliz. An Action was brought for this , Thou dost harbour Harbour Rebels and Traitors . and maintaine Rebels and Traytors ; and it was adjudged to lye without this averment , that hee knew them to bee such . Goldsb . and Brownl. 1 part 48.

Case 165.

Trin. 14 Jac. B. R. Rot. 39. an Action for these words , The 12th Decemb . Charge of Treason . 13 Jac. that John Piers did say , That John Lewis ( meaning the Plaintiff ) did say , That there is no Prince in England , whereas re vera , J. Piers never spake any such words ; and the Plaintiff adds , that the King , & his Son Prince Charls were then in England ; It was moved 1 That it was but the report of another , and not his owne spéech . 2 It is not shewed , when the words were used , for it might be in the time of Q. Eliz. But it was adjudged , that the Action lyes , for it shall bee taken , hee spake them in the worst sense to draw him in question for his life ; and they touch him in his Loyalty , which is a capital offence , if true ; and he adds , the words were never spoken , wherefore hee cannot shew any time of speaking of that which was never spoken . Lewis and Wal●ers Case , Croo. 2. 406. & 413. Bulstrode 3. 225.

Case 166.

Pasche 14 Jac. B. R. Smead and Badleys Case . The Plaintiff declared , Slander of a title to Land . That his Brother dyed seized of Land in Fée , and dyed seized thereof without issue , and the Land descended to him as Heir , and that he had a purpose to settle part of it upon his Son , and to make Leases of part of it , and that the Defendant , to frustrate his intent used these words , The Plaintiff hath no more right to the Land than a stranger . It was adjudged against the Plaintiff , because he did not shew any cause of losse , that he was about to make a Lease or assurance of it to his Son , but that he had an intent only . Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187.

Case 167.

Trin. 18 Jac. B. R. Action for these words ; the Plaintiff alledged , That 1. April , 17 Jac. hée was a Merchant , and the said 1. April , 17 Jac. the Defendant spake these words of the Plaintiff , Hee is a Bankrupt Bankrupt . slave ; the Defendant justifies , because 1 April , 17 Jac. the Plaintiff became bankrupt ; but adjudged , the words actionable , and the Defendants Bar insufficient , because he doth not alledge , he continueth still a bankrupt ; for it may be , he afterwards recovered himself , and became a good Merchant ; judgement for the Plaintiff . Usher and Bretts Case . Croo. 2. 578.

Case 168.

Trin. 22 Jac. in C. B. Action for these words Thou art as arrant a Indirect words . Theft . thief as is any in England , for thou hast broken up I. S. his chest , and taken away forty pound . After verdict , and motion to arrest the Iudgement , it was adjudged , the first words without any Averment , will not maintaine an Action , and the last words doe not prove any Felony committed , and the money may be taken away , and the Chest broken open upon pretence of Tithe , and in mid-day in the presence of divers , and then it is no felony . Iudgement was for the Defendant , and there this Case was put by Hobbard , Thou art a thief , for thou hast stoln away my corn , not actionable ; but if he say , For thou hast stoln my corn . contra . Foster and Brownings Case . Croo. 2. 687.

Case 169.

The Plaintiff being an Attorney in B. R. for one Ecombridge , prosecuted for him a Latitat against Lord , which he delivered to the Sheriff ; Slander of a Lawyer . upon which Lord was arrested . The Defendant having spéeches with Ecombridge concerning the Plaintiff , and his honesty as an Attorney , and concerning the said Latitat ; ex malitia praecogitata , said these words of the Plaintiff ; Go tell your Lawyer Roberts , that I say , hee is a base Rascal , and I will make him lose his ears ; and I will teach him , or any Lawyer of them all , to have a Writ served on mee . Vpon not guilty , it was found for the Plaintiff . And upon debate between the Iudges , it was resolved , that the words were actionable . Trin. 3. Car. 1. Rott. 1170. in B. R. Roberts and Lords Case . Ley. 70.

Case 170.

Action for words , The Plaintiff declared , that one named Carolus , being Charge of Perjury . Incertainty . of good fame , and name , the Defendant said , ●e prefato Carol● , Where is this Baker ? ( Innuendo , Caroius Baker ) hee hath taken a false oath , and I could make him look through the Pillory . It was moved , that the Innuendo Innuendo . will not make it good , there being no Baker spoken of before . But the opinion of the Court was , The Declaration was good . And if one say of a Counsellour , Where is this Counsellour , Innuendo , such a one , it is good . Adjudged for the Plaintiff . Trin. 13. Jac. in B. R. Bakers Case . Bulstrod . 3. part 72.

Case 171.

Action brought for these words . Sir Herbert Crofts keepeth men to rob mee ( the truth was , that the Defendant was robbed by two of Sir Herbert Hee keepeth men to rob mee . Crofts men ) and upon this the Defendant spake the words : But the Defendant doth not say , That hée did kéep them so to do . It was agréed by Cook Chief Iustice , and all the Court , that the Action would not lye for those words ; for that there is done ; and it is to be intended his kéeping of them to be lawfull ; and the words [ to rob mee ] this is but an intent , and Inclination and purpose . no Act ; and an intent without an act , is not punishable ; and Hill. 39. Eliz. in C. B. Snag and Gee's Case , was vouched by Cook ; where the words were , Thou hast killed my Wife , and it appeared the Wife was then living . Adjudged , the words not actionable ; in the principal Case , it being found for the Plaintiff , the Iudgement was arrested , because the words were not actionable . Pasche 14. Jac. B. R. Sir Herbert Crofts and Browns Case . Bulstr . 3. part 161.

Case 172.

In an Action upon the Case for words , it was found for the Plaintiff . Charge of Theft . It was laid in the Declaration , cum quidam malifactores ignoti , had feloniously shorn the shéep of J. S. upon a Communication had betwéen the Defendant and another , touching the shearing of these shéep , the Defendant spake these words , I do know who did shear the sheep ; ( predict . J. S. Innuendo ) General and incertain words . the other desired of her , who this was ? shee answered , It was the Plaintiff and M. that did shear them ( Innuendo , Felonice ) it was upon Innuendo . motion , for stay of Iudgement adjudged , that the words were not actionable , and that the general words shall not be restrained to particular ; and the Innuendo will not help it : And in the Declaration it is laid , there was Communication betwixt the Defendant and another , concerning the shearing of the shéep ( but not concerning the Felony ) And it is not said , that shée did know who did shear the shéep feloniously , but who did shear them generally ; and the scandal grows out of an inference only , which ought not to be , to make words actionable ; but the words themselves ought to be directly scandalous . Iudgement was arrested . Mich. 13. Jac. B. R. Helly and Henders Case . Balstr . 3. part 83.

Case 173.

Hill 9. Jac. Rott. 832. B. R. Action for these words , Thou art a Bankerupt Bankerupt Rogue . Knave . Theef . Rogue , and accounted a common Knave ; and thou art a Theef , and hast stoln my Corn. Adjudged , the first words were not actionable , but the second were : but because the Iudgement was intire , and the damages intire ; the Iudgement was reversed upon a Writ of Errour Damages entire . brought . Lloyd and Pearses Case . Croo. 2. part 424.

Case 174.

In an Action upon the Case , for words ; it was found , upon not guilty , for the Plaintiff : The words spoken by the Defendant to the Plaintiff , Charge of Forgery . were these , viz. Thou hast forged Writings , for which thou shouldest lose thy ears . It was laid in the Declaration , that the Plaintiff was a Practitioner , Solicitor , and Steward of a Mannor . The Court was divided in opinion : For Mountague , Chief Iustice , and Crook , were of opinion , that the words were actionable ; for although the first words of Charge indirect . themselves , are not actionable , yet the subsequent words added to them , make them actionable . Like the Case , if one saith , Thou hast stoln , no Action will lye for these words ; but if hée doth add these words , viz. for which thou shouldest be hanged ; then an Action upon the Case will lye : and the precedent words are to receive construction by the subsequent words . Haughton and Doderidge , the Action will not lye ; for the words here are uncertain , what manner of Writings they were ; and they may be Words incertain . frivolous Writings , for which hee ought not to be called in question ; and no Indictment will lye for this Forgery , and then if hée bée not in danger of his ears , and so no Action will lye for these words , Curia advisare vult , for search of Presidents . And afterwards the Case was not moved again , but was ended by agréement betwéen the parties . Pasche . 14. Jac. B. R. Frost and Ayres Case . Bulstrod . 3. part 265. 266.

Case 175.

An Action for these words , viz. Mr. Lowes is a Witch , and I will Witch . prove it ; for I have seen him and his Imps , and evil spirits appear unto mee , in my Chamber , and put mee in fear of my life ; and hee said , come , they will never be at quiet , till wee have killed him : And hee did bewitch a childe of mine . It was adjudged , that the words were actionable in the Kings-Bench . And if one saith of J. S. That hee hath conference with evil spirits , the words will bear Action . But for one to say , That such a one is a Witch , in anger , the words are not actionable , Iudgement was for the Plaintiff . Trin. 13. Jac. B. R. Rott. 114. & 130. Lowes Case . But yet afterwards a Writ of Errour was brought upon this Iudgement in the Exchequer-Chamber , and there holden by the Iudges , the words were not actionable , and the first judgement was reversed . Trin. 13. Jac. Bulstr. 3. part 74.

Case 176.

Pasche . 10. Jac. Co. B. Iveland versus Smith , for these words , Hee is He is a Papist . an arrant Papist , and hath a pardon from the Pope , and can help you to such a one , if you will ; and it was agreed that Action will not lye for them . Goldsb . and Brownl. 2. part 166.

Case 177.

Edward Gibbs brought an Action upon the Case against Jenkin David , Slander in another language . for words spoken in the Welsh Tongue , and declared that the conference was had by Baron Snigg with the Defendant , concerning the felonious stealing of thrée Heifers , and the Defendant is supposed to answer to the question in Welsh , Whether Thomas Jackson stole them ; if hée had them , I should have had them again , but Edward Gibbs stole them : and upon Welsh . not guilty pleaded , it was found for the Plaintiff at Bristol ; and it was moved this Term in arrest of Iudgement , that the words in Welsh did not signifie stealing , but carrying away upon ones back : and it appeared upon examination of one Mr. Gunter upon oath , that it is properly the word for carrying , though that there in the Intendment of the parties it might be taken for stealing , it being joyned with other precedent circumstances , yet it is not actionable , for it shall be taken in the most favourable construction , and best sense , as if one had said , That such a one had the No malice in words . Pox , and forbid one to use his company , it shall not be intended of the French-Pox , and no Action lyes . And judgement was given for the Defendant , yet it was averred in the Court , that the words were spoken in the hearing of them which understood the language . Trin. 15. Jac. Rott. 1634. Huttons Rep. page 8. Hobb . Rep. pl. 236. and in Noys Rep. 19.

Case 178.

Stone brought an Action upon the Case against Roberts , for these words , Witch and Inchanter . The Plaintiff is a Witch , and an Inchanter , and hath bewitched the children of one Strong : And Iudgement for the Plaintiff ; for though Witch is a word of malice , and familiarly used to old poor women , and therefore no Action lyes ; yet here it is coupled with a déed , by which the Plaintiff is drawn in danger of his life , by the Statute of 1. Jac. otherwise for the word Witch alone . Mich. 15. Jac. Rott. 636. Huttons Rep. 13. Noys Rep. 22.

Case 179.

Gittings Plaintiff in the Exchequer against Redserve , Gittings is a Couzening Knave . couzening Knave , and so I have proved him before my Lord Mayor , for selling mee a Saphire for a Diamond ; the Action doth not lye : and by Manwood , if A. sayes of B. Thou art a couzening Knave , and hast couzened mee of five hundred pounds ; no Action lyes , which the Court agréed . 26. Eliz. Huttons Rep. 13.

Case 180.

An Action of the Case was brought , for these words , I charge thee with Indirect charge of Felony . I charge thee with Felony , &c. Felony , for taking mony forth from John Spacies pocket , and I will prove it . Henden moved in Arrest of Iudgement , that these words were not actionable .

First , Because it is not any direct affirmative , that hee is a Felon ; and for that hée vouched a Case ( as hee said ) adjudged in the Kings Bench , Masters , bear witness that hee is a Theef . Bear witness he is a Theef .

The second reason was , because that the matter subsequent doth not contain matter , which must of necessity by Felony , but stands indifferent : for if it be not privily and secretly , it is not Felony ; and it may be , by way of sport , or trespasse : For as one said , That hee is a Theef , and stole his Timber , it is not actionable , for it might be Timber cut , or Timber growing : Theft about Apples , Timber , &c. So to say , That hee stole his Corn , or his Apples , or his Hops : for in mitiorem partem verba sunt accipienda . And it séemed to the Lord Hobbart , that the first words , viz. ( I charge thee with Felony ) are actionable , for the Constable ( if hee be there present ) ought to apprehend him thereupon , and it is a plain Affirmative , I arrest thee of High Treason ; Justice Winch I arrest thee of Treason , &c. prima facie held , that the words were actionable , and not qualified by the subsequent words , as it should be , if hée had said , For thou hast stoln my Apple-Trees standing in my Orchard , that could not be Felony , but it is not so there , for it may be Felony , and ex causa dicendi , it shall be taken for Felony ; in these words for taking mony , &c. Warburton and Hutton Causa Dicendi . was of opinion that the Action lay not .

This Case was moved in Mich. 18. Jac. And then the opinion of the Court ( preter Warburton qui haesitavit ) was , that the Action did not lye . Ideo memorando quod querens nil capiat per breve . Pasche . 18. Jac. Huttons Rep. 38. Mason versus Tomson . Pasche . 18. Jac.

Case 181.

Allen brought an Action of the Case against Swift , and declared , That wheras Bankerupt . Trades-man . Merchant for Lead . he bargained & sold , that is to say , 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. H●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 w●s an Infant , or that it is pardoned ; to which it was answered by the Court , First , that these words ought to be alledged as they were spoken , and that was indefinite . Secondly , the time is not material , unlesse the Defendant make it material by his plea , viz. when he was in giving evidence for the King against a Traytor , and then he repeated such words ; or when that the plaintiff was frantick , and of that he intended , and so justifie , there the time may come in question .

2 The second Exception was , that there is not any expresse affirmative ; Charge indirect , and not affirmative . to that it was answered by the Court , That it was more than an Affirmative , for he had ( as he said ) proof thereof , and not a Report or heresay ; and if one say , It is reported ; &c. that will not bear Action , unlesse hée justifie the Report , by charging it upon him , which was the Author of the Report .

3 Also it was objected , That the speaking of Treason was not Treason , but it was holden clearly , that it is as well as preaching , or writing , Et index animi sermo .

4 Also it is not said what Treason , and it may be High , or petty Treasan ; To which , it was answered , that when he speaks generally of Treason , it shall be intended according to the common intendment , which is , Treason against the King , vide Sir William Mulgraves Case , Coo. Lib. 4. And two Cases were vouched to bée adjudged in the Point , one betwéen Johnson and Atwood , 8 Eliz. Thou hast spoken Treason , and I will hang thee for it , adjudged actionable . The other was betwéen Pewall and Vardoffe , 9 Jac. Thou hast spoken Treason , and I will prove it , adjudged actionable . And it was resolved by all , that the Plaintiff should have his judgement . Pasche 1 Car. 1. Huttons Rep. 75.

Case 184.

John Daws Plaintiff against William Palmer , in an Action upon the Case , and Count , That whereas hee was a Fuller , and had used the Trade of Fulling , and thereby acquired his livelihood , and was of good Bankrupt of a Trades-man . A Fuller . credit &c. The Defendant said of him , Trust him not , for hee owes me a hundred pound , and is not worth one Groat ; and at another day hée said , He is a bankrupt Rogue ; and upon not guilty pleaded , the Iurors found for the Plaintiff , and gave entire damages ; and it was moved in arrest of judgement , that the first words were not actionable , and then Damages entire . the Iury , having given entire damages , the Plaintiff should not have Iudgement for any part , vide Osbornes Case . Coo. lib. 10 but in this case , after many debates , it was resolved by the Court , that the Plaintiff should have judgement ; for the first words are actionable at Common Law before the Statute , Trust him not , he is not worth one Groat ; Goe not to buy of I. S. ( a Merchant ) for he will deceive you . Of an Words that hurt a man in his Trade , or way of living . Iune-kéeper , Goe not to such an Inne , for hee is so poor that you can have no good entertainment . Of an Attorney , Use him not , for hee will couzen you , all these words are actionable , hee will bee a bankrupt within seven daies ; and for the other words , That hee is a bankrupt Rogue , that is resolved . Co. lib. 4. to be actionable .

And it was a Case , Pasch. 10 Car. 1. in a Writ of Error , brought in the Exchequer Chamber , upon judgement given in the Kings Bench , betwéen Dunkin and Laycroft , for words spoken of a Merchant , who had been at Hamborow , in partibus transmarinis , and there had used the Trade of a Merchant and Factor Thou ( Innuendo tthe Plaintiff ) camest Broken Merchant . over from Hamborow a broken Merchant , and adjudged actionable , and so affirmed in the Exchequer Chamber , and upon all these Authorities the Court gave judgement for the Plaintiffe . pasch. 10 Car. 1. Huttons Rep. 124 , 125.

Case 185.

One Widow Sower brought an Action of the Case against Burton for Old Witch . Old Whore . these words , Thou old Witch , thou old Whore , leave off thy Witching , or else thou shalt be hanged , or burned , if I can doe it ; and upon not guilty pleaded , and verdict for the Plaintiff , it was moved in arrest of judgement , and it séemed to Lord Finch , Hutton and Vernon that the Action lay not , without shewing , that shée did act any Witchcraft , for which the paine of Pillory ; and imprisonment for two years should bée inflicted , and the second time Felony ; and that the words , Thou art an Old Witch , or , Goe away thou old Witch are usual words , and Old Whore bears no Action ; and as to say , Thou shalt be hanged if I can doe it , it is not possible that he could doe it .

But Iustice Crawley doubted of it at first , because that it was alledged , that it had béen adjudged in the Kings-Bench , that an Action lies for calling one Witch ; but afterwards hee said , that hee had spoken with the Witch alone not actionable . Iustices of the Kings-Bench , of their reason , who said , that they adjudged no such thing , unless that hee had spoken further , that the party had done any act of Witchcraft punishable by the Statute . Hill 12. Car. 1. Huttons Rep. 132.

Case 186.

Powel an Attorney , brought this Action for these words , I have matter Slander of an Attorney Forgery . enough against him , for Master Harley hath found Forgery , and can prove it against him ; not guilty pleaded ; it was found for the Plaintiff , but hee could not have Iudgement . Hobb . Rep. pl. 382. 395. 399.

Case 187.

Pasche . 9. Car. 1. John Smith Town-clarke of Southampton , sued Cornelius Slander of an officer , a Town-Clarke . an Attorney , who set forth hee was Town-Clarke to the Mayor and Burgesses there , and was their Scribe , and had the kéeping of their Rolls , Pleas , and procéedings before them in their Court , &c. and Forgery . that the Plaintiff spake these words of him , Thou hast made many a false certificate to the Mayor and Burgesses in that Court , and the more thou stirrest in it , the more it will stink ; and it was adjudged not Actionable .

1 Because it was not alleaged , that there was any colloquium concerning his office .

2 Because it did not appear , that the making of Certificates did belong to his office .

3 They might bee false , and no fault of his , unless hee knew of it . Huttons Rep. 123.

Case 188.

Mich. 14. Jac. B. R. Sir John Sidnhams Case , for these words , If Sir Charge of Treason . John Sidnham might have his will , hee would kill all the true subjects of England , and the King too ; and hee is a maintainer of Papistry and Rebellious persons : The Defendant pleaded , that hee spoke other words , absque hoc , &c. the Iury found these words to bee the words , I think in my conscience , if Sr. John Sidnham might , &c. and found all the other words Jury found other words . verbatim , &c. And it was adjudged for the Plaintiff , and the Iudgement affirmed in a Writ of error , and agréed that the words are actionable , and that the words found in the verdict , are the same in substance as they are in the Declaration , and that the variance doth not hurt . Croo. 2. 407. Hobb . Rep. pl. 213.

Case 189.

An Action was brought for these words , Thou art a healer of Felony , Thou art a healer of Felonies . and hast shewed such favour to a Horse-stealer in the time of thy Constableship , that thereby both the Horse and Theef were conveyed away , and that it lyeth in my power to hang thee : It was adjudged for the Plaintiff ; for Healer of Felony , is a word known in Devonshire , where the Action is brought to bée a Consealer or Hider of Felony : as in Yorkshire to say to one , Thou hast strained a Mare , will bear Action ; for it is commonly Thou hast strained a Mare . Slander of an officer , when out of his office taken to steal a Mare : And notwithstanding it hee not laid expresly , that the Plaintiff was Constable at the time of the speaking of the words . It is not material , for albeit hee bee out of his office , yet hee ought not to bee Slandered with any thing done in his office ; as if a Iustice of Peace bee put out of Commission , and one shall say to him , when thou wert Justice , thou wert a Bribing Justice , this is actionable , for albeit it referre to a thing past , yet it doth defame him for ever , in the opinion of others , and will make him to bee accounted unworthy to bear office again . Quod nota . Pasche . 7. Jac. B. R. Pridham against Tucker . Yelvertons Rep. 153.

Case 190.

The Plaintiff declared , that whereas he was a Free-man of Wells , and did exercise the Art or Mistery of a Linnen-Draper within the same City , by the space of five years past , and by his credit , &c. had gained much , &c. by selling and buying , &c. That the defendant , the twenty eighth of July , Bankerupt of a Tradesman , Linnen-●raper . Anno quinto , &c. spake to the same Plaintiff , and to A. B. viz. you both ( Innuendo ) the Plaintiff and A. B. are Bankrupts , and not worth a Groat , ad damnum , &c. And it was found by Verdict for the Plaintiff , and it was moved that the Declaration is not good , because it was not laid precisely , that at the time of the speaking of the words , that the Plaintiff was a Linnen-Draper , but only by the space of five years past , to which Yelverton answered ; That there is a diversity between Slanders of one in respect of an office , and in respect of a Trade or Profession , for if one say to a Iustice of Peace , hee is a Briber , &c. Hee ought to shew in an Action for these words , expresly in his Declaration , that hee was a Iustice of Peace at the time of the words spoken , because it soundeth in Slander of his person in respect of his office only , which office endures but at the will of the King , being by commission . But where a man is Slandered in his Profession or Trade , there it need not bee so precisely alledged , that at the time of the words spoken hee was a Lawyer , Physician , Merchant , or Linnen-Draper , but it sufficeth to shew that hee is of such a Trade , and hath exercised it for divers years past , without saying ( ultimo ) Declaration , how , it must be that hee was a Tradesman . &c. or ( jam ) elaps● for a man shall not bee intended to alter his trade or profession , but by presumption to continue it during his life . Quod fuit concessum per curiam , quod nota . And the Iudgement was affirmed , vid. Trin. 6. Jac. Rot. 1272. For the Case . Accords . Trin. 38. Eliz. B. R. Rot. 546. Inter Gardner Plaintiff , & Hopwood Defendant , upon the same words , Thou art a Bankrupt , the Plaintiff alledging . Quod per multos annos jam retro actos artem Merchandizandi videndi , et licite barganizandi exercuit et usus fuit , and Iudgement was given for the Plaintiff . Tuthill vers. Milton . Trin. 7. Jac. B. R. Yelvertons Rep. 158. 159.

Case 191.

The Action was brought for this . Thou art an arrant Knave , for thou Accessary to Felony . Receipt of stoln goods . hast bought stolen Swine , and a stolen Cow , knowing them to bee stolen ; adjudged against the Plaintiff ; for the receipt or sale of goods stoln is not Felony , nor will it make one accessary , unless it bee joyned with the receipt or abetment of the Felon himself ; For in some Cases it is lawful to receive stolen goods ; as if a Lord of a Mannor that hath , bona waivata , méet with the Theef and the goods about him , and saith , you have stolon these goods , and hee confesseth it and flye . Per Gawdie , Fenner et Yelverton , Popham absente . Trin. 44. Eliz. B. R. Dawsons Case . Yelvertons Rep. 5.

Case 192.

Brooke against Mountague , Recorder of London . And the Action was Charge of Felony in a course of Justice . Slander of a Lawyer for these words , spoken of the Plaintiff , That hee had committed Felony , and upon not guilty pleaded , it was found , that hee was of counsil , with the Defendant in an Action , and that hee , in giving of evidence to the Iury spake the words , and that they were pertinent to the matter in issue , and it was ruled against the Plaintiff , albeit the words were false . Mich. 31. Jac. B. R. And agréed that so it will bee in an appeal of Murder , if the Counnsel say the Plaintiff did commit the Murder . But if it were in trespass for a Battery , that such words were spoken , they may bee actionable : And so also if the words were never so much pertinent , if the Council speak them at another time , or in another place , they may bee Actionable . The Case of Parson Prit in Suffolk . Croo. 2. 90.

Case 193.

Pasche . 12. Jac. B. R. Hutton versus Beck , for these words , spoken to Constables . a Constable , and Church-warden of a Parish , viz. Thou hast beguiled and deceived the Town [ Innuendo , the Inhabitants of the Village of A. ] upon Church-Wardens . thy accounts of four pound . And it is no marvel thou growest rich , when thou deceivest the Town . And it was adjudged with the Defendant Charge of couzening a Town . against the Plaintiff , that the words were not actionable , for they were too general . Croo. 2. 339.

Case 194.

Taylor brought the Action against Taliv , That whereas there was talk betwéen the Defendant , and J. S. such a day , in such a place , concerning a Marriage to be had betwéen the Plaintiff , and the Daughter of J. S. Super quod Colloquium ; The Defendant in present a diversarom personarum cum present . haec Anglicana verba dixit to J. S. of the Plaintiff , Will you cast away your Daughter upon Taylor , to which J. S. said , why ? to Charge of a Rape , by which a match was lost . whom the Defendant answered , Taylor ravished the wife of J. D. upon which the Marriage did not take effect , &c. Vpon not guilty pleaded , it was found for the Plaintiff , and moved in arrest of Iudgement , that the place where the words were spoken , was uncertain ; for albeit it be said , that the talk was at such a place , yet it is not said where the scandalous words were spoken , Richardson contra , and that they were spoken at the same Place of speaking the words . place , where the talk was , for the time and the place are conjoyned by the Adverb , Tunc present . and in a Court there néed not that certainty , as in an Indictment . Quod Car. Concessit , and so here the Super Quod is the Commencement of a new sentence , and for the words supposed to be spoken , no place is mentioned . Doderidge accord . Ergo per Car. quer . nil capiat per billam . Taylor versus Tally . 21. Jac. Benlowes Rep. 128.

Case 195.

Davis brought an Action upon the Case against Ockham , for speaking these words of him , The Knave , the Apothecary , that married my Sister , Charge of Murder . hath poisoned my Uncle , and I will have him taken up again , to hang him . The Defendant pleaded an Accord betwirt him , and the Plaintiff , that whereas the Plaintiff had done a trespasse against him , that one trespasse Acccord pleaded passe should be set against the other . To this plea the Plaintiff demurred , and Twisden said , the Plea was not good , and cited 16. Ed. 4. f. 89. and prayed Iudgement for the Plaintiff . Latch . of Counsel with the Defendant , said , that the Accord was executed on the Defendants part and therefore may be pleaded in Barr. To this Roll Chief Justice answered , how have you discharged the Accord ? for you do not shew it . Latch took exceptions Poyson . to the Plaintiffs Declaration . Pleading in this Action .

1 That the words set forth , are not actionable , for it doth not expresse that the Plaintiff wittingly poisoned the Defendants Vncle , or that hée did dye of the poison , and cited Hobb . Rep. 8. Miles and Jacobs Case , and 275. Fleetwood and Caveleys Case .

2 There is no Communication expressen in the Declaration to be of the Vncle , and it may be spoken of another Vncle , and the Innuendo will not help it , because hée may have divers Vncles . Twisden answered , that it is implyed in the sense of the words , that hée poisoned him feloniously , and so consequently wittingly .

And 3. Hee saith , that hée will have him digged up , and so it must be intended ; that hée died of the poison ; Roll Chief Justice held , that the words are actionable .

And 4. That the Defendants plea in Bar is not good , Jerman Justice held the plea in bar not good , but hée doubted whether the Declaration was good , for it doth not appear thereby , whether the party died of the poison , and the latter words help it not . Nicholas Justice , and Aske Justice agréed with Rolls in all , and thereupon the Rule was , Judicium Nisi , Lundi Suivant . Styles Rep. 245.

Case 196.

Rosse brought an Action of the Case against Lawrence , for speaking these Welsh words of him , viz. Dediagues Will . Rosse in Mudon , which are in English , William Rosse hath forsworn himself , upon issue joyned , and Slander in another language . a Verdict for the Plaintiff , the Defendant moved in Arrest of Iudgement , that the words are not actionable , as they are rendred in English , Welsh . and so the Action lyes not . Roll Chief Justice , if the words found in Welsh that the Plaintiff was perjured , yet if the Plaintiff do english them in English , which doth not amount to Perjury , it is ill , and an Action will not lye for them . Therefore let Iudgement be staid . Styles Rep. 263.

Case 197.

After a Verdict in an Action upon the Case , brought for these words , viz. I was never a Traitor to the State , as you have been : It was moved in Arrest Treason . Incertainty in the person slandered . Falso & malitiose . of Iudgement by Turner , for the incertainty of the Declaration , for that it appears not thereby , that the words were spoken of the Plaintiff , or to the Plaintiff , and because it is not said , that the words were spoken falso & malitiose . Shafto of Council on the other side answered , that it appears the words were spoken upon conference betwixt the parties , and thereby doth appear a sufficient Averment , that the words were spoken of Averment . the Plaintiff . Roll Chief Justice . The Declaration implies , that the words were spoken falso & malitiose , and there néeds not an expresse Averment , that they were so spoken , as there ought to be in an Indictment , and this Declaration is laid two years after the words were spoken , Therefore take your judgement , except better matter be shewn . Styles Rep. 435.

Case 198.

Townsend brought an Action upon the Case against Barker , that had Couzening Knave . béen a Co-partner with him in Trade , for speaking these words of him , You are a couzening Knave , and did couzen mee of twelve hundred pound at one time , and that was in making an account in the year 1648. Vpon a Verdict for the Plaintiff , it was moved in Arrest of Iudgement , Trades man . that the words are not actionable , because , though they be spoken of a Trades-man , yet they are not spoken of him in reference to his Trade , but in reference to an account : and although by way of reduction and consequence they may reflect upon his honesty , yet they are not actionable ; and though his Reputation be impaired by speaking them , yet hée cannot bée indicted for couzening in his Trade , by reason of them , because they are spoken of a singular and particular abuse , and not of a general couzening used in his Trade , and an Action of the Case lyes not for words which are only scandalous , by way of Reduction ; and if the words should hinder the party to get a partner hereafter , to trade with him , yet hée may use his Trade , and so cannot be preiudiced . Nor are the words , that he cheated him , but that hée couzened him , which are not of so violent a Construction . Wild on the other side said , that here is a Partnership which is necessary to the driving of a Trade , and without which it cannot be so well driven , and the account is incident to all Partnerships , and prayed for Iudgement . Co-partners in Trade . Roll Chief Justice ; if the Co-partnership continued , the words were actionable without doubt . For then they must be spoken of him in the way of his Trade ; but here the Partnership being ended , makes the matter more considerable ; but yet as it is , the words are scandalous , and may hinder from getting a Partner for the time to come ; and it may be hée cannot manage his Trade without a Partner , and although an account be a private thing , yet the Plaintiff is disgraced by the speaking of the words , and none will deal with a man , that will couzen his own Partner ; and we must countenance Trade and Traffick , and mens Credits ; and the account is not so collateral a thing to trade as Hales objects , as is the hiring of a shop to trade in , or the like . German Justice ad idem , and said , that Co-partnership is necessary to support Trade , and the kéeping of a true accompt is the principal thing betwéen Partners , Nicholas and Aske , Justices ad idem . Judicium nisi pro quaerenter . Styles Rep. 389.

Case 199.

Sir William Walgrave brought an Action upon the Case against Agur. Vpon these words , spoken by the Defendant to a Servant of the Plaintiff , Treason . it is well known that I am a true Subject , but thou ( Innuendo , the said Servant ) servest no true Subject , and thine own conscience may accuse thee thereof . It was moved in arrest of Iudgement , that these words are not actionable , for no slander comes to the Plaintiff thereby ; for perhaps the party served no man , but the Quéen , and if the words may receive such sense , which is no pregnant proof of Infamy , they are not actionable , as in the Case betwixt Savage and Cook . These words , Thou art not the Queens friend , are not actionable , for it might be they were Words incertain as to the person slandered . spoken in respect of some ordinary mis-demeanours , as in not payment of subsidies , or the like : Also it is not averted , that the party to whom the words spoken , was the Plaintiffs Servant . Cook , where a man is touched in the duty of his office , or in the course of life , an Action lyeth , although that otherwise the words are not actionable , and here is set forth in the Declaration . That the Plaintiff at the time of speaking of the said words , was a Iustice of Peace , and Sheriff of Suffolk , and Captain of a Troop of a hundred and twenty horse , to attend the preservation of the Quéens person : So in respect of place and dignity in the Common-wealth , as 2. H. 8. The Bishop of Winchestor brought an Action upon Scandalum Magnatiam . the Statute of Scandal . Magnatum , upon these words , My Lord of Winchester , sent for mee , and imprisoned mue , until I made a release to J. S. and in respect of his place and dignity , the words were holden actionable ; and 9. Eliz. Dyer , in an Action upon the Case by the Lord Aburgaveny against Wheeler , My Lord of Aburgaveny sent for us , and put some of us into the Coal-house , and some into the Stocks , and mee into a place in his house called Little-Ease , and the words were holden actionable : So in our Case ( Lewes said ) it was the Case of one Kinsey ; one said to a Bayliff of a Franchize , Thou didst execute false Officer slandered . VVarrants , without saying , they were falsified by him , adjudged an Action did not lye , VVray Chief Justice . These words in themselves are not actionable , for the Plaintiff might be untrue in small things , which gave no discredit , but the quality of the person of whom they were spoken , may add weight to them , as to call one Bankerupt generally , Bankerupt no Action lyeth upon it , but to call a Merchant so , is actionable . So to call one Papist , no Action lyeth for it ; but if one calls the Arch-Bishop Papist . of Canterbury in , an Action will lye , for hee is Governour of the Church . Thou art an untrue man to the Queen , gives not an Action to an ordinary Untrue man to the King . Subject , but such words spoken of one of the Privy Council , are actionable . Corrupt man , of themselves are not actionable , but being spoken of a Iudge , an Action Iyeth .

It was Birchleys Case , an Attorney of this Court , Thou art a corrupt man and dealest corruptly , and it was adjudged per curiam , that Slander of an Officer . the words were actionable , for that refers to his Calling . Gawdy was of opinion , that the words were actionable of themselves , without respect had to the quality of the person of whom they were spoken , for the words are particular enough , and to touch him in the duty of a Subject , which is to be faithful to his natural Prince , is a great reproach and slander . Fenner conceived , that the words were not actionable ; Wray , as before , of themselves they are not actionable , for they are in general , for if hée bée indicted of Trespasse he is not a good subject . Leonards Rep. Case 469. M. 32 Eliz. B. R.

Case 200.

Mich. 1 Car. 1. Co. B. Sir John Isham a Iustice of Peace sued York Slander of a Justice of Peace . for these words , I have been oft with Sir John Isham for justice , but could never get any at his hand , but injustice . Croo. 1. 10.

Case 201.

Hill. 2 Jac. B. R. Sir John Hollis versus Briscoe and his Wife , for Slander of a Justice of Peace . this ; first shewing , That he was a Iustice of Peace in the County of N. and had been Sheriff of the County , and then for seven years before was Deputy Lieutenant there ; that the Defendants Wife said to A. and B. the Plaintiffs servants , Your Master [ Innuendo the Plaintiff , ] is a base Rascally Villaine , and is neither Nobleman , Knight , nor Gentleman , but a most villanous Rascal , and by unjust means most villanously , Keeps Theeves and Traitors about him . take other mens Rights from them , and keeps a company of Thieves and Traytors to doe mischief , and gives them nothing for their labour but base blew Liveries , and this all the Country reports , and other good he doth not any ; and it was adjudged for the Defendant , yet two of the five Iudges held them actionable , but they all agréed none of the words could be actionable but those , He keeps a company of Theeves and Traitors to doe mischief . Croo. 2. 58 , 59. and in Yelverton . 64.

Case 202.

Pasche . 3 Jac. B. R. Sir George Moores Case was this , That there being Slander of a Commissioner out of Chancery with Bribery . a Suit in Chancery betwéen Richard King and two others , and a Commission by assent of the parties thereunto to him and thrée others , Ad examinandum testes , & audiendum & terminandum if they could , and if they could not to certifie , &c. the Defendant said of the Plaintiff these words , Sir George Moore is a corrupt man , and hath taken Bribes of Rich. King [ Innuendo that he hath taken Bribes of Rich. King for the executing of that Commission ] And said further , That Richard King hath set Sir George Moore on Horseback with his Bribes , to pervert Justice and Equity ; upon not guilty pleaded , and a verdict , the Plaintiff had judgement . Croo. 2. 65. also in Yelverton 62.

Case 203.

Mich. 3 Jac. B. R. Kempe versus Howsegoe , for these words spoken of Slander of a Justice of Peace Partial Justice . him being a Iustice of Peace , Kempe is a Basket Justice , a partial Justice , I will give him five pound every year for his Gifts about Justice-matters ; and it was held that for the words partial Justice the Action will lye , but that none of the rest of the words are actionable . Croo. 2. 90.

Case 204.

Pasche . 18 Jac. B. R. May versus Gibbons . The Action was for these Charge of Theft . Slander by way of interrogation . words , Have you brought home the forty pound you stole ? and they were adjudged actionable , though spoken by way of interrogation , and the judgement was affirmed in a Writ of Error brought upon it . Croo. 2 part. 568.

Case 205.

Crumpe versus Barue . Pasche . 2 Car. 1. Co. B. The Plaintiff he was Bankrupt of a Shoo-maker . a Citizen of Gloucester , and had so been for twelve years , and all that time used the Trade of a Shooe-maker ; and that the Defendant said of him Hee is a Bankerupt Rogue ; and it was adjudged for the Plaintiff . Croo. 1. 21.

Case 206.

Wicks versus Shepheard in the Exchequer . Pasche . 5 Car. 1. hee set Losse of preferment by words . forth , That he was in Treaty for a Wife , and like to have her , and that the Defendant to hinder him thereof spake this of him , Hee is a sharking Fellow , and getteth his living by deceit , and used himself violently to his Couzening . former VVife , and denied her necessaries , and is a needy Fellow , and his conditions are wicked ; and for his Religion hee is a Brownist ; by reason whereof he lost his marriage . And it was adjudged for the Plaintiff , but agréed that it was by reason of his losse only , and that otherwise the words were not actionable . Croo. 1. 110.

Case 207.

Mich. 5 Car. 1. B. R. Shaliver sued Foster and his Wife , for these Charge of theft . Incertainty in the person slandered words , spoken by the Wife of the Defendant , of the Plaintiff to Anne Rochester , the Plaintiffs Mother , VVhere is that lying thief thy Son , [ Innuendo the Plaintiff ] he hath murthered my Aunt [ quandam Dorotheam Stoke Amitam defendentis Innuendo ] and I will prove it ; and upon a not guilty , it being found for the Plaintiff , it was doubted because it was not alleadged , That there was a precedent communication of the Plaintiff , or that he was the only Son of Anne Rochester to whom the words were spoken , and the Court would advise . Croo. 1. 127.

Case 208.

Trin. 8 Car. 1. B. R. Goodyear versus Bishop , for this , That whereas the Plaintiff is , and for divers years hath béen a Merchant , and used the Bankerupt . Trade of a Merchant , that the Defendant speaking of him , said , to one Trades-man . Harris , Hee is not worth a Groat , he is a hundred pound worse than naught , and it was adjudged actionable . Croo. 1. 193.

Case 209.

Mich. 8 Car. 1. B. R. Lawrence sued Woodward for this , Thou didst Charge of Robbery . violently upon the High-way take my purse from me , and four shillings two pence in it , and didst threaten me to cut me off in the midsts , but I was forced to run away to save my life ; and it was adjudged for the Plaintiff . Croo. 1. 202.

Case 210.

Trin. 1654. Henley and Bayntons Case , for these words , You have couzened the State of twenty thousand pound , and I will prove it , for you Couzened the State . have received five and twenty thousand pounds profits of the office , and not compounded for it , and have foysted in words into the order of your composition , and after a verdict for it , it was adjudged for the Plaintiff . Stiles Rep. 436.

Case 211.

Mich. 17 Jac. B. R. Califord and his Wife against Knight , for these Adjective words . Whore . Pox. Innuendo . words , Thou art Mutcombes Hackney , thou art a theeving VVhore , and a pocky VVhore [ Innuendo that the said Jones had the French Pox ] and I will prove thee a pocky whore ; and it was adjudged against the Plaintiff , that the words were not actionable , and that the Innuendo did not extend them beyond their common sense . Croo. 2. 514.

Case 212.

Pasche . 16. Jac. B. R. Barmunds Case , for these words , hee hath had Charge of Incontinency . two Bastards , and should have kept them , by reason of which words discord did arise betwéen him and his wife , and they were likely to have béen divorced : And it was adjudged against the plaintiff , for that hee did not set forth any special damage that came to him by the words spoken . Croo. 2. 473. Averment .

Case 213.

Mich. 10. Jac. B. R. Tooses Case , for these words , Tooses his wife [ Innuendo the plaintiff ] killed thy Husband [ Innuendo ] John Dunscombe her Charge of Murder of a Husband . husband lately dead . And after verdict it was adjudged for the plaintiff , and that the words were Actionable ; albeit it were objected , that the words were too general , for shee might kill him by physick , and it might not bee Felony . Croo. 2. 306. Words general

Case 214.

Foxcrost brought an Action of the Case against Lacy , and declared , that Charge of Murder . whereas Lacy and four others were Defendants in a suit , concerning Conspiracies , &c. and that communication was moved betwéen John Walter and Richard Gwyn Esquires , concerning the said suit , that the said Defendant Lacy upon the said communication in their presence spake these words , These Defendants , meaning the Plaintiff , and the other six , are those that helped to Murther Henry Farrer , meaning one Henry deceased , who was murthered by one Thomas Gulfield , who was hanged for it , to the plaintiffs damage , &c. The defendant denyeth the words , and found for the Incertainty in the person slandered . plaintiff , and Iudgement given , error was assigned generally , that the Iudgement should have béen contrary , but Iudgement was affirmed , for it was holden , that it was sufficiently laid to entitle every one of the defendants to a several Action , as if they had béen especially named . Hobarts Rep. 119.

Case 215.

In the Exchequer an Action of the Case was brought by K. D. against Slander in another tongue , Welsh . W. T. for calling him Idoner in the Welsh tongue , and did not aver what the word did import , and yet Iudgement was given for the plaintiff , and the Court took Information by Welshmen , what the word meant in English . And the like Iudgement in the Common-pleas , and upon the like form of Declaration , were found in search in the Common-pleas , betwéen William Verch Howel , against Evan George , for a Slander in Welsh words . Trin. 43. Eliz. rot. 3024. and another . Pasche . 44. Eliz. Rot. 8034. And at this time Serjeant John Moore informed the Court , that Iudgement had béen given in the Kings-Bench , 6. Jac. in the Case of one Tuch , Healer of Felons Averment . upon these words , thou art a healer of Felons , without any averment how the words were taken , because the Court was informed , and took knowledge , that in some Countries , it was taken for a smotherer of Felons . Hobb . 155.

Case 216.

James Steward brought an Action of the Case against Bishop , for saying Charge of Theft . Indirect words of charge . of him , Innuendo , &c. is in Warwick Gaol , for stealing of a Mare and other Beasts ; and after a verdict for the plaintiff , upon divers motions in Arrest of Iudgement , the whole Court gave opinion Seriatim , that the words would not bear Action ; for they do not affirm directly , that hee did steal the Beasts , as if hee had said that hee stole them , and was in Gaol for it ; but they do only make Report of his Imprisonment and the supposed reason of it , and it may very well bee , that the Warrant or Mittimus was for stealing expresly , as is the common form of making of the Kalender , of the Prisoners for the Iustices of Assize , and the like . Hob. 196.

Case 217.

Mich. 6 Jac. B. R. Frank. versus Alsop , in the Exchequer Chamber upon a Writ of Error , after a judgement given in the Kings Bench for these words , I will prove thee a thief , and a plotter of theevery , and I I will prove thee a Thief . will prove it by thine own Son , or I will send him to the Devil . And it was adjudged that the words were not actionable , and therefore the former judgement was reversed . Croo. 214.

Case 218.

Hill. 5 Jac. B. R. Smith versus Turner , for these words . Thou art no true Subject to the King , and that I will prove ; upon not guilty pleaded , Treason . and a verdict found for the Plaintiff ; upon motion for arrest of judgement it was adjudged against the Plaintiff , and that the words were not actionable , for they were too general and incertaine , Croo. 2. 202. and Yelverton 104.

Case 219.

Mich. 5 Jac. B. R. Sir Tho. Holts Case , for these words , Sir Tho. Holt struck his Cook on the head with a Cleaver , and cleaved his head , the one part lay on the one shoulder , and another part on the other ; upon not Charge of Murder . guilty pleaded , and a verdict for the Plaintiff , but moved in arrest of judgement , and adjudged by the Court that the words were not actionable , because it was not averred that the Cook was killed , but Argumentative , for notwithstanding the wounding , the Party may be yet alive , and Incertainty in the words . the slander that is actionable must be direct , against which there may not be any intendment . Croo. 2. 184.

Case 220.

Mildmay brought an Action of the Case against Standish , for saying , The Land was lawfully assured to John Talbot for one thousand six Slander of a title to Land . hundred years , and that he was thereof lawfully possessed , whereas in truth some such estate was made , but the same was not legally made , nor was John Talbot thereby legally interessed in the Tearm ; for it was true , that he had a limitation of such an estate by a Will , which was the reason why he spake the words , yet because hee took upon him the knowledge of the Law , and did meddle with a matter did not concern him , judgement was given for the Plaintiff . Mildmay versus Standish . Coo. 175.

Case 221.

Hill. 4 Jac. B. R. Edwards Case for these words , Thou art a Witch , and Witch . I will prove thee a VVitch . And it was adjudged for the Plaintiff , Croo. 2. 150.

Case 222.

Mich. 3 Car. B. R. Turners Case for these words , Hee [ Predict . quer . Innuendo ] and one Allen are perjured Knaves ; upon not guilty pleaded , Charge of Perjury . it was found for the Plaintiff , and it was adjudged for the Plaintiff ; albeit it were objected , that ( Hee ) cannot refer to two persons , and are perjured persons , cannot be referred to one person ; but the Court held it well , albeit it be false english , for the sense appeareth ; and that it is not like to the Case where one saith , that I. S. and I. D. is perjured ; or if one say to thee , that one of you is perjured , this is voyd for incertainty . Croo. 2. 101 , 102.

Case 223.

Margaret Blisse , who was in remainder after an estate in Tayl , did Slander of a title to Land . bring an Action on the Case against Edward Stafford , for slandering her Title , in affirming , that A. had issue on B. who is alive , and the Defendant pleaded , not guilty , and the Action adjudged by all . But did abate for an exception to the Court . Owens Rep. 37.

Case 224.

Hill. 3. Jac. B. R. William Wisemans Case . For these words , that the Defendant said , de praefato Querente existente fratri suo naturali , My Brother [ praefat. Querentem Innuendo ] is perjured . Vpon not guilty Perjury . pleaded , and verdict for the Plaintiff , it was , after motion to arrest the Iudgement , adjudged for the Plaintiff . Although it were said , that the words be incertain , what Brother hée intended , and it may be he had divers Incertainty in the person slandered . Brethren , and that the Innuendo will not help , for that actionable words must import in themselves precise slander , without ambiguousnesse , so that every one that hears them may intend of whom they be spoken . For it was said , that hée spake the words of the Plaintiff , and the Iury found him guilty . And this difference was taken , where the words in themselves import apparent incertainty , and when they may be ascertained by Intendment . In the first Case no Averment will aid it . But in the last Case by Averment . an Averment , and a Verdict , it may be aided . And therefore where the words be , One of my Brothers is perjured , this is so incertain , that neither of them can bring an Action ; and if he be found guilty by Verdict , it will not help . But here it did not appear that hée had more Brothers than one , and then it may be certain enough , and here it is expressy averred to be spoken of him , and the Iury hath found him guilty ; and therefore it is here certain enough . And this Case was cited by the Court to be adjudged for the Plaintiff . That murdrous Knave Stroughton lay in wait to murder mee . And upon this one Thomas Stroughton brought the Action , and said , they were spoken of him . And upon not guilty pleaded , and a Verdict for the Plaintiff , it was adjudged after divers motions , to arrest the Iudgement for the Plaintiff . Croo. 2. 108.

Case 225.

Sir Thomas Gresham versus Grindsley , Thy Brother was a fool , and was never born to do himself any good ; for that he could not hold his hand from ratifying and subscribing to his Fathers Will ; notwithstanding I have that to shew in my house , that if his heir Elizabeth Gresham do not any such Act , as hee hath done , it shall bring her to inherit Titsley . Sir Tho. upon this , sues the Defendant , And shews how his Father was seized Slander of a Title to Land . of the Mannor of Titsley , and of other Lands , and by his will devised to A. his wife for life , the Remainder in Tail to the Plaintiff , and how the Father had issue William the eldest , which had issue Elizabeth his Daughter and Heir , and this Plaintiff the youngest Son , and that A. is dead ; and the Plaintiff entred , and the Defendant to slander his Title , spake these words before , and shewed further how hée had an intention to make a Ioynture to his Wife , and to passe divers parcels of the Land devised to him to his younger children , for their advancements , and that hée was hindred in his intent , by these words , ad damnum a hundred pound , and upon not guilty pleaded , it was found for the Plaintiff , and twenty pound damages . But Iudgement was given for the Defendant .

1 For that it doth not appear by any thing in the Declaration , that the Plaintiff is damnified , viz. that hée was about to sell it , or has entred into any Bond , to make a Ioynture to his wife , which by reason of these words would not be accepted ; and there ought to be some special matter shewed , in which damage may be apparent . Coo. 4. 18. For upon such general words , no special slander may be imposed . As if a Lease for life be with a condition to re-enter , and J. S. shall say , That hee can shew that which will bring him in Reversion to the possession ; this is no slander of the Title , for the very Lease it self , by the Indenture by which the Land was devised , will bring him to it , either by the condition , or by the determination of the estate .

2 For that it doth appear by the Plaintiffs own shewing , that Elizabeth is Heir at Common Law , and that the Plaintiff himself had but an estate tail ; and upon the determination of it , Elizabeth will have Titsley as general Heir , and the Defendant doth not shew any time certain , when Elizabeth shall have it , but indefinitely , and this shall be taken in meliori sensu . Yelverton . Rep. 88. Coo. lib. Entries 35.

Case 226.

Mich. 4. Jac. B. R. Earl of Northumberland versus Birches . In an Slander of a Title to Land . Action for the slander of a Title . The Plaintiff declared , that Henry Earl of Arundel , was seized in Fée of the Mannor of D. and gave it to the plaintiff in tail , and that the Defendant was a Customary Tenant for life of a messuage , parcel of the said Mannor . And the Plaintiff was in Communication with J. S. to make a Lease for years to him , to make a Lease for years of the Land to him , to begin after the estate of the Defendant , for life was determined , for which J. S. agréed to give him five hundred pound , that the Defendant intending to hinder that bargain , and slander his Title , spake these words , The late Earl of Arundel , Lord of the Mannor of D. did make a Lease of my Tenement to one J. D. for sixty years , to begin after my customary estate ended , and the same is a good Lease : Whereas the said Earl did not make such a Lease , by reason whereof , neither J. S. nor any other person would give him ten pound for the Lease . The Defendant justified , that Henry Earl of Arundel , before the Gift made to the Plaintiff , made such a Lease to J. S. for sixty years , and that J. S. conveyed the Lease to him . It was objected , that the words import not any slander , nor is it alledged when the Earl made the Lease . But the opinion of the Court was , that the words shall be taken in the worse sense , according to his intent which hée spake , when hée said it to be a good Lease . And the words themselves imply , that hée spake them to countenance the Title of a stranger , which is not lawful ; and now hée cannot excuse himself by intituling of himself , when at the first the words did not import as much , and now hée cometh too late to justifie . Croo. 2. 163.

Case 227.

M. 3. Car. B. R. Law and Harwoods Case . In this Action for a slander of a Title . The Plaintiff declared , that hée was seized in Fée as a Coppy-holder Slander of a Title to Land . of Land in D. within the Iurisdiction of the Defendants Court , and that the Defendant said , Hee had not any title to those Lands : It was found for the Plaintiff , And upon a Writ of Errour brought , the Iudgement was reversed , because the plaintiff did not shew , that by occasion of the words , hée had any prejudice , as by any bargain of Inheritance , or Lease of the Land . And this Action is not maintainable , without shewing a special prejudice . Croo. 1. part last publisht . 99.

Case 228.

M. 6. Jac. B. R. Vaughan versus Ellis . M. 6. Jac. B. R. Errour of a Iudgement in the Exchequer-Chamber , in an Action of the Case for words , for saying , Hee is a Bastard . The Errour assigned was , that the Action lyes not for these words , without special cause shewn that hee was damnified by them ; as to alledge , that hée was inheritable to some Lands , and that by reason of those words hée is to have losse : And here it is shewn that such Land was given to his Grandfather , and that his Father had divers Sons , Slander of a Title . whereof the plaintiff is the youngest , and his elder Brothers are living . And that such a one was to buy the Land , and offered him such a summe of money for his title , and by reason of those words refused to give him any thing . So it appears by his own shewing that he hath not any present title , and therefore no cause of Action at all But the two chief Iustices conceived , that although he hath not any present Title , it appears hee is by a possibility inheritable to those Lands , and being offered a summe of mony for that possibility to joyn in the assurance , although he hath not any present title to the Land , yet by reason of those words hee had a present damage , and in future might receive prejudice thereby , in case hee were to claime any Land by discent . And for these causes they held that the words were actionable ; and the judgement was affirmed . Croo. 2. 213.

Case 229.

2 Car. B. R. Reynor vers . Hallet . The Action was brought for these words , ( viz. ) Reynor is a base Gentleman , and hath four Children by his servant Agnes , and he hath killed them all , or caused them to bee killed . And after a verdict for the Plaintiff ; and amotion for to arrest the judgement , judgement was given for the Plaintiff ; and there it was said to be adjudged not to lye for these words , Agnes Knight is a Witch ; and Witch . by Dodridge these words , Hee hath four Children by his servant Agnes , alone are not actionable ; but Whitlock contra . And by Iustice Jones it Incontinency . For saying one is a Bastard . lyeth not for saying , One is a Bastard , and by him , it lyeth not for saying , Thou hast killed I. S. where in truth there never was any such man . But to say , Thou hast killed the King . Contra.

Case 230.

Mich. 40 Eliz. In an Action of the Case for calling one Bastard . Dyer and Walsh Iustices said , an Action would lye , but Brown on the contrary , For calling one Bastard . because it must be tried in the Spiritual Court .

And Dyer said , that at Barwick Assizes a Formedon in Dicender was brought , and one said , That his Father by whom he claimed was a Bastard , and thereupon he brought an Action against him for those words , and recovered .

Case 231.

The Clerk said , That he had a Son in Nottinghamshire , and that he Charge of Theft . Incertainty . Averment . had his Chest picked , and a hundred pound taken out of it in one Lock-smiths house , and I thank God I have found the Chief who it is , it is one that dwelleth in the next house called Robert Kingston , whereupon Kingston brought this Action , without averment that he did live in the next house , and had a verdict for him , and it was held not good , for lack of this averment . Pasche 7. Jac. B. R.

Case 232.

Action for these words , There was never a Robbery committed within Charge of Robbery . forty miles of Wellingborough but thou hadst thy part in it ; after verdict , it was moved in arrest of judgement that the Action did not lye , because it was not averred there was any Robbery committed within forty Averment . miles , &c. for otherwise it is no slander , & sicopinio cur , and judgement for the Defendant . Mich. 36 , & 37 Eliz. B. R. placito 12. Croo. 1. last published . 308. 11.

Case 233.

Action for these words , You have sought to murder me , and I can Charge of an endeavour to Murder . prove it , adjudged that it lay . Croo. 308. 1. last published . 12.

Case 234.

Action for words , That he being a Counsellor at Law , and Steward to Slander of a Lawyer . I. S. of his Mannours , the Defendant said of him , Hee is a paultry Lawyer , and hath as much Law as a Jack-a-napes ; upon not guilty pleaded , it was found against him , and damages twenty pound . And it was moved , and the Action lyeth not ; for it is not said , hee had no more Law than a Iack-a-napes , but it was adjudged for the Plaintiff , for the words are scandalous , and touch him in his profession . Croo. 1. last publisht . 342. 9.

Case 235.

Action for these words , Thou art a forsworn Jack in the Court-Baron Charge of Perjury . of D. thou hast sworn me out of twenty shillings rent , and hast me on thy side ; adjudged that the Action lay , and the Plaintiff recovered . Croo. 1. last publisht . 342. 10.

Case 236.

Action for these words , There was never a Purse cut within twenty Charge of Theft . Cut purse . miles of VVellingborough , but thou hadst thy part in it ; and avers , that such a Purse was cut , &c. and he had no part in it . And it was moved , that an Action lyeth not ; for it is not said , he had a part of it as a partaker in the Felony , for he may have a part in it in the losse , and so it is no slander ; but it was adjudged for the Plaintiff , for the words shall be taken to be spoken in the worst sense , in disgrace and reproach of the Plaintiff . Nota , Serjeant Yelverton cited a Case , Pasche . 32 Eliz. Sir Edward Hastings Endeavour . brought an Action for these words , You have procured a perjured man to seek my bloud ; and ruled , that an Action did not lye . But Fenner said the Case was not adjudged , but ended by his Arbitrement . Vide Mich. 35. & 36. Eliz. Antea B. R. placite 11. Croo. 1. last publisht . 342. 11.

Case 237.

Action for words , for that the Defendant said to I. B. Son of the Plaintiff , in the presence of divers , Thou ( praefat. J. B. Innuendo ) and thy Charge of Perjury . Father ( Innuendo the Plaintiff ) were both Perjured , and I ( Innuendo the Defendant ) will prove you both perjured . Vpon not guilty , it was found for the Plaintiff damages twenty pound . And it was moved in arrest of judgement , that it was not averred that I. B. was the Son of the Plaintiff ; but it was held well enough , for that it was alledged , that the Averment . words were spoken to I. B. his Son , and it was adjudged for the Plaintiff . Croo. 1. last publisht . 143. 11.

Case 238.

Action for these words , Many an honester man hath been hanged , and Charge of Felony . Indirectly . a Robbery hath béen committed , and I think he was at it , and I think he is a Horse-stealer ; it was moved after verdict , that an Action lyeth not without an expresse averment he was so ; Curia contra , they are great Averment . slander , if the Defendant sheweth not a good cause of his thinking ; and it was adjudged for the Plaintiff . Croo. 1. last publisht . 148. 20.

Case 239 ,

Action upon the Case was brought for these words , Thou art forsworn , and I will make thee flowre the Pillory , or else it shall cost me a hundred Charge of Perjury . pound , Et per totam curiam , an Action lyes not ; for Anderson said , There is a great difference betwirt the words forsworn , and perjured ; for forsworn is , where he swears against the truth in ordinary discourse , but Perjurum est quando jus alterius pervertitur , which is to bee intended in judicial procéeding ; and this difference hath béen allowed of , quod curia concessit ; but to say , hee was forsworn in such a Court , or betwixt such Parties , an Action lies ; wherefore it was adjudged for the Defendant . Croo. 1. part last publisht , 394. 20.

Case 240.

Action for these words , One told me that he heard one say , that Mistris Charge of poysoning husband by Report . Meggs had poysoned her Husband , Ubi re vera nullus dixit , &c. and upon not guilty pleaded , it was found for the Plaintiff ; and now alledged in Arrest of Iudgement , that an Action lyes not for these words , for it is but a report of an hear-say , which cannot be any discredit ; but notwithstanding it was adjudged for the Plaintiff ; for it is a great defamation ; and is a cause of drawing her name and life in examination , wherefore , &c. Croo. 1. part last publisht . 400. 7.

Case 241.

Action for these words , Thy Father ( Innuendo , the Plaintiff ) hath Charge of theft stoln six sheep . The Defendant justifies , and issue taken thereupon , and found for the Plaintiff , and it was alledged in arrest of Iudgement , that the Declaration was not certain nor sufficient to shew , that hée spake those words of the Plaintiff ; for it is not averred that hée spake them to the Plaintiffs Averment . Son , nor that the Plaintiffs Son was there present , and then it cannot be intended of the Plaintiff , and the Innuendo will not help this incertainty . Pleading . And although the Defendant hath admitted it by his Plea , yet that never shall help a Declaration which is defective in substance : but if Innuendo . it were defective in form only , as by leaving out the place where a thing was done , or by pleading a collateral plea , that may be made good , as 18. Ed. 4. 16. and 6. Ed. 4. 2. And of that opinion were all the Iustices ( besides Declaration . Gawdy ) that the Declaration was not good ; for it cannot be intended to be spoken of the Plaintiff , more than of any other person , unlesse it had béen averred , that his Son was there present : And although the Defendant by his plea confesseth , that hée intended them of the Plaintiff , yet that shall not help the Declaration , which is insufficient . But Gawdy e contra , because it shall be intended that the Plaintiffs Son was there , for otherwise hée could not have said , thy Father . But notwithstanding it was adjudged for the Defendant . Croo. 1. last publisht . 416. 11.

Case 242.

Action upon the Case , whereas hée was seized of the Mannor of Upton Slander of a Title . Grey , that the Defendant , to slander his title , spake these words , Mr. Marvin ( Innuendo , the plaintiff ) hath not any title to Upton ( Innuendo Upton Grey ) upon not guilty pleaded , it was found for the plaintiff , and now moved in Arrest of Iudgement . First , Because hée doth not shew what estate hée had therein ; for it may be that hée hath it but per anter vic , and then Cestuy que vic being dead , hée hath not any title , he ought also to recover his damages to his estate , &c. Secondly , The words are not spoken of Upton Grey , but of Upton only ; which cannot be intended of Upton Innuendo . Grey , and it cannot be helped by the Innuendo . But all the Court resolved , that the Declaration was well enough ; for as to the first , hée néeded not shew what estate , &c. for his seizing of any estate is sufficient : And therefore Fenner said in the case of Huddleston against the Lord Dacres in a Writ of Annuity ; The Defendant pleaded , that hée granted it unto him to be his Steward , and that hée was seized of the Mannor of D. and requested him to kéep his Court there , and hée refused , &c. And exception was there taken , because he shews not of what estate hée was seized , and ruled well enough ; for peradventure it might be perilous to discover his estate . And to the second , they held , that the Innuendo did sufficiently serve to shew his intent , what hée meant in naming Upton : for it is usually Innuendo . known without the addition , and might be called so : wherefore the Innuendo stands well with his speaking . But if without the Innuendo it could not by any intendment be taken so , it might have béen otherwise , wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . 419. 14. Hee hath deserved hanging .

Case 243.

Action for these words , J. Halland ( the Plaintiff ) will come home again , if hee escape the Gallows , for hee hath deserved to be hanged ; after Verdict it was moved , that an Action lay not for those words . And so it was ruled accordingly : for they are too general . Because the Country people might intend , that hée deserved hanging , although hée never committed any Felony ; wherefore it was adjudged for the Defendant . Croo. 1. part last publisht . 470. 30.

Case 244.

Action for words , and declares , whereas hée was a Merchant , That the Defendant to discredit him , said to one Dudley , Doth Vauspike ( the Bankerupt . Plaintiff ) owe you any mony ? to whom hée said , that hée did , hée then said to Dudley , You had best call for it , take heed how you trust him ; And it was thereupon domurred , and adjudged for the Defendant : For it is not any slander to the Plaintiff , but good Counsel to Dudley . Croo. 1. part last publisht . 541. 5.

Case 245.

Action for these words , I will call him in question for poisoning my Charge of Poisoning . Aunt , and I make no doubt to prove it ; after Verdict for the Plaintiff , it was moved in Arrest of Iudgement , that the words were not actionable ; for it is not any direct affirmation , that hée poisoned his Aunt , sed non allocatur ; Indirect . for it cannot be more direct , when hée saith , hée will call him in question , and maketh no doubt to prove it . Secondly , It was alledged , that the Action lyes not , because it is not averred , that his Aunt was Averment . poisoned , for otherwise it is not any offence , sed non allocatur , for his credit is not impeached , although hée never did any such fact : as to say , that hée was perjured in this Court , although hée never were sworn , is actionable ; wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . 569. 3.

Case 246.

Action of the Case was brought for these words , Thou hast forged an Obligation , and I will prove it ; the Defendant justifies , because hée had Charge of Forgery . forged such an Obligation in the name of Wendy , the issue de son tort demesn , &c. and found for the Plaintiff ; and now moved , that an Action lay not for these words ; for hée doth not shew that this Obligation was sealed , and delivered , but the Court held it to be well enough , for it cannot be otherwise intended , for without those circumstances it is not an Obligation , but a Writing only . But they held , that for saying , Thou hast made a false Bond , an Action lyeth not , for that may be upon false instructions . Secondly , It was alledged , that this issue was not good ; for there being a special forgery alledged , it ought to be specially traversed . But the Court held the issue to be well enough . And if it were not good , it is aided by the Statute . 32. H. 8. Wherefore it was adjudged for the Plaintiff . Croo. 1. part last publisht . 607. 7.

Case 247.

Action for these words , which the Defendant spoke to one Gurney , Bring mee to the Constables house , for I am robbed this night ; and bring Charge of Robbery . mee to Bonaventure Theobalds house , to arrest him , for old Theobalds ( Innuendo , the Plaintiff ) setteth his Sons to rob mee ( Innuendo dictum Bonaventure , & quendam Johannem , filium ipsius Anthonii ) from time to time . The Defendant pleaded not guilty , and found against him . And after Verdict , it was moved in arrest of Iudgement , that the words were not actionable , because it is not alledged , that any of Anthony's Sons robbed him , and it is but an intent of setting to rob , and no Action done , the words also are insensible . But notwithstanding it was held by the Court , that the words were very slanderous , and that the Action was maintainable ; And so it had béen adjudged in this Court , that one such lay in wait to murder mee , &c. Wherefore it was adjudged for the plaintiff . Note , errour Endeavour to do it . was hereof brought , because it is not precisely affirmed of the plaintiff . But it is said old Theobalds , and hee doth not name the plaintiff , and an Innuendo will not serve , whereupon it was reversed . Croo. 1. last pub . Innuendo . 618 3.

Case 248.

Action for words , whereas the Plaintiff was , and is a Physitian , that the Defendant , intending to defame him and to prejudice him in his Art , falso et malitiose , spake of him these words , Mr. Poe ( innuendo the Plaintiff ) hath Slander of a Physitian . killed Mr. Pasfield of the old Jury with Physick , ( quidam Johannem Pasfield , late inhabiting within the old Jury , and now deceased ; innuendo ) which Physick was a Pill , and the Vomit was found in his mouth , and D. Atkins and D Paddy ( quosdam Henricum Atkins & Johannem Paddy Doctors in Physick , ( Innuendo ) were there , and found it so , and it is true , ubi re vera , neither the said Doctor Atkins nor Doctor Paddy nor any other ever found any such thing to be committed by him , et ubi re vera he never Administred any Physick unto him in Pills , or otherwise , &c. The Defendant pleaded a concord in Barr , which plea was ill pleaded , ( as it was agréed on both sides ) whereupon the Plaintiff demanded . And now Cook Attorney generall moved , that an Action lay not for these words , for it is not any slander to a Physitian , to say of him that he had killed one with physick , for he might do it involuntarily in not knowing the disease , and no discredit unto him , Popham and Fenner held , that the Action lay not , for it cannot be any discredit to a Physitian , to say that he killed one with physick , for it is an usual and common expression , and it may be without any fault in him ; for they may mistake the diseases in their own bodies , much more in others ; and apply wrong medicines , which may be the cause of the Patients death , and yet no discredit unto them . But if it had béen , that he scienter et voluntarie ministred Physick to one to kill him , that toucheth him in his profession , and the words had béen Actionable , but not here . And although it bee said , that he never administred any physick unto him , that is not material , wherefore they , without any argument on the plaintiffs side , ( Clinch repugnate et Gaudy absente ) adjudged it for the Defendant . Croo. 1 last publisht . 620. 9.

Case 249.

Action upon the Case , for that he spake quaedam scandalosa verba of the Plaintiff , tenor quorum sequitur in haec verba , thou art a Cousening Knave , and a Bankerupt , vel his similia , the Defendant pleaded not guilty , and found for the plaintiff , and judgement uttered for him without privity of the Bankerupt . Court , and the Court being now moved therein , held that an Action lies not . And Walmsley said , it was by reason of the word consimilia as it was Couzening Knave . adjudged in Garters Case ; it is not good also , for that it is said , that hee spake divers words , tenor quorum sequitur , wherefore it was commanded , that the Roll should be amended Croo. 1 part last publisht 654. 52.

Case 250.

Action for words , viz. The Plaintiff was one of them , that brake Mr. Philips house , and did take and carry away part of the money that was stollen . Walmsley held , that an Action lay not for these words , for where Charge of Burglary . words are ambiguous , so as they may bee expounded in good or ill part , no Action then lyes , for they shall be expounded in the best sence , Incertainty in the words . and it may bee here intended , that he brake the house upon just cause , and brought the money to another place upon just cause . Wherefore , &c. And so was the opinion of the other Iustices Croo. 1. part last publisht 672. 33.

Case 251.

In Croo. 2. 144. This Action was adjudged to lye upon a Demurrer , for this , Thou art a Leprous Knave . Taylor and Perkins . Hill . 4 Jac. Leprous Knave . B. R. Sée Croo. 2. 430.

Case 252.

Action for these words , Thou art a Pillory Knave , remember , Brown , thou shouldst have been set on the Pillory ; and the Plaintiff had judgement , Pillory Knave . though it was not said , He was set on the Pillory . Brown and Dawks . Mich. 24 , 25 Eliz. Co. B. Croo. 1. last publisht . 11. And yet in Trin. 26 Eliz. B. R. in Smiths Case , the Court was of opinion , that for these words , Thou art a Knave , and a Pillory Knave , no Action lyeth . Croo. 1. part last publisht , 31. And in Pasche . 26 Eliz. Co. B. an Action was adjudged to lye for this . Where is that bankrupt Knave , where is that Pillory Knave , with an averment , that he was a Merchant of whom the words Averment . were spoken . Griffith and Morrisons Case , Croo. 1. last publisht . 26.

Case 253.

Action for this , Thou wert a Suitor to a Woman in Southwark , and didst couzen her of her goods , and procured certaine false Witnesses to be Charge of couzening . forged . And after verdict the judgement was stayed , for that the words are not actionable . Engurst and Brown . Trin. 30 Eliz. B. R. Croo. 1. last Forgery . publisht , 99.

Case 254.

Action for these words , Thou hast used Jugling with me , but thy Jugling Charge of Jugling , and of Forgery . shall not serve thy turn , and thou hast forged a VVrit of Quare Impedit , Innuendo , a Writ of Quare impedit against him , and the Bishop of Coventry ; and the Plaintiff had judgement , for the last words , not the first , were agreed to be actionable . Sale and Marsh . Pasche . 32. Eliz. B. R. Croo. 1. part last publisht . 178.

Case 255.

Action for these words , Shee is as very a Thief as any that robbeth by the High-way side ; upon not guilty , the Iury found these words , Shee is Charge of theft indirect . a worse thief than any that robbeth by the High-way side . And the Court held in both Cases , the words are actionable . But Gawdy and Fenner held , that the words doe not agrée with the Declaration , for the Iury doe not Verdict . finde , that the Defendant at the time mentioned in the Declaration , spake the words in the verdict , so that it may be he spoke them at several times , and it differs from Bridges Case , Dyer , 3. Mar. where the Iury found hée spake part of , but not all the words , for there they did acquite him of the residue , and the words are not of one sense . VVray contra , as very a thief , and a worse thief , are all one ; the Lady Ratcliff and Shubley . Pasche . 33 Eliz. B. R. Croo. 1. last publisht . 224. See before Case 168.

Case 256.

Action for these words , I have served thee with the Queens Letter , for Charge of theft by implication , or indirect . stealing of goods out of my Mothers house . Vpon not guilty , and verdict for the Plaintiff , it was adjudged , that the Action did not lye for the words , for he saith not expresly , that he had stoln the goods , but that hee served him , &c. which may be thought he did not steal them , so it is only a charge by implication . Periam cited a Case of one Nowel a Clerk of this Court He was Cubbed for forging Writs . Certainty . where the words were , Thou wast Cubbed up for forging of Writs , and ruled no Action lay . Atkinson and Atkinson . Pasche . 33 Eliz , in scaccario . Croo. 1. part last publisht . 4.

Case 257.

Action for these words , Thou hast played the Thief with me , and hast Charge of theft stol my Cloth , and half a yard of Velvet . The Defendant pleaded that the Plaintiff was his Taylor , and that upon the day of , &c. hee delivered to him a yard and a half of Velvet to make him a pair of Hose , and hee Pleading . Traverse . made them too streight , Ratione cujus , he spake these words , Thou hast stoln part of the Velvet which I delivered thee , Absque hoc , that he spake any words aliter , vel alio modo , upon which the Plaintiff demurred . For the Plea and Traverse do not confesse any words of slander , and then the Traverse is méerly void . L. 5. Ed. 4. 26. 9. Ed. 4. 15. 37. H. 6. 34. 22. H. 6. 17. And of this opinion was the Court , but a manifest fault was alledged in the Plea , for hée did not answer to the words , Thou hast stoln my Cloth ; and it was adjudged for the Plaintiff . Johns and Gittins . Trin. 33. Eliz. B. R. Croo. 1. part last publisht . 239.

Case 258.

Action for these words , Thou art a forger , and art sued in the Starre-Chamber , Charge of Forgery . Words general and incertain . for forging , by one Sedge . And after Verdict for the Plaintiff , and motion for arrest of the Iudgement , it was adjudged for the Plaintiff , albeit hée did not say , what thing hée forged ; and how hée was sued , for it might be without cause . For when hée saith , Thou art a forger , it is intended of such a thing , as whereof Forgery may be , and to be spoken in the worst part ; and when hée saith , Hee is sued , &c. this doth aggravate it , that hée did such a Forgery , as for which hée is suable there . Munday and Cordall . Palche . 35. Eliz. B. R. Croo. 1. part last publisht . 296.

Case 259.

Action for this , Hee was falsly forsworn in the Court of the Bishop of Charge of Perjury . Certainty . Exon , at Exon. It was moved in arrest of Iudgement , it doth not appear , hée was sworn in any Iudicial Court , for it may be in the Bishops yard , called his Court ; yet the Plaintiff had Iudgement . Lee and Secombe . Pasche . 35. Eliz. B. R. Croo. 1. part last publisht . 297. See before , Case 35. 59. And after Cases . 266. 267. 273. 274. 276. 284. 286. 294. 315. 329. 337. 348.

Case 260.

Action for this , My Master hath put mee away , because I would not be Charge of a Justice of Peace . with vain words a Papist , for hee will keep no Servants but Papists ; and alledged , that hée was a Iustice of Peace . Vpon Demurrer , the Court held , that the Action did not lye for these words . Perepoints Case . Mich. 35. & 36. Eliz. B. R. Croo. 1. part last publisht . 308.

Case 261.

An Action was brought by an Alderman , and a Merchant in York , for Charge of couzening upon a Merchant . these words , Hee is a false Knave , and keepeth a false Debt-book , for he chargeth mee with the Receipt of a peece of Velvet , which is false . After a Verdict for the Plaintiff , upon not guilty pleaded , and a motion to arrest the Iudgement , it was adjudged , that the Action lyes not for the words . And against the Plaintiff . Brook and Watson . Trin. 37. Eliz. B. R. Croo. 1. part last publisht . 403. See afore Case 142. 143. 198. 326. 327. 329.

Case 262.

Errour of a Iudgement in an Action , for these words , Thou art a prigging , Prigging pilfring Merchant . pilfring Merchant , and hast pilfred away my goods from my Wife and Children , that the words were not actionable . And the Iudgement was reversed for this cause . Charter and Hunter . Mich. 37. & 38. Eliz. B. R. Croo. 1. part last publisht . 424. And in the Case of Bradshaw and Walker Filching Fellow . for this , Thou art a filching Fellow , and didst filch from William Parson a hundred pound ; the words were held by the Court Co. B. not actionable , and it was adjudged against the Plaintiff . Hobb . Rep. pl. 323.

Action was for this , Thou art a Theef , for thou haststoln half an Acre of Charge of theft of Corn. Corn [ Innuendo , the Corn growing upon half an Acre of ground , reaped , and put into shocks by the Defendant ; the Defendant demurred to the Declaration . And it was held , the words were not actionable , and it was adjudged for him against the Plaintiff . Castleman and Hobos . Mich. 37. and 38. Eliz. B. R. Croo. 1. part last publisht . 428. See after . 304. 305. 333. 341. 346.

Case 263.

Action for this , was brought by a Iustice of Peace , Hee is a Blood-sucker , Justice of Peace slandered . Blood-sucker . and seeketh others blood . Vpon not guilty pleaded , and a Verdict for the Plaintiff , it was moved in arrest of Iudgement , and adjudged for the Defendant against the Plaintiff , and that the words were not actionable . Sir Christopher Hylliard , and Constable . Croo. 1. part last publisht . 306. 433.

Case 264.

Action for these words , spoken of one that was robbed of péeces of Cloth , Charge of concealment of a Theft , and the Theef . Hee hath received three peeces of his Cloth again of the Theef , and beareth with the Theef : And if I have any hurt hereafter , I will charge him with it . After Verdict for the Plaintiff , it was adjudged for the Defendant against the Plaintiff , that the words are not actionable . Hall and Hennesly . Mich. 38. & 39. Eliz. B. R. Croo. 1. part last publisht . 486. 487. See before Case 88. 106. 107. 191.

Case 165.

Action for this , Thou hast feloniously taken my wood , and a verdict for Charge of stealing of Wood. the plaintiff , and motion to arrest Iudgement , for that the words were not actionable , it was resolved the words were actionable , and adjudged for the plaintiff . Croo. 1. part last publisht . 471. See before . Case 114. And after . 304. 305. 333. 346.

Case 266.

Action for these words , Thou wast forsworn in the Leet [ Innuendo , a Charge of Perjury . Léet holden in such a manner , such a day , &c. And all the Iustices held that the words were actionable . Mich. 38. and 39. Eliz. B. R. Wild and Cookman . Croo. 1. part last publisht . 492. See before Case 59. 35. 54. And after . 277.

Case 267.

Action for this , Thou hast taken a false Oath in the Consistory Court Charge of Perjury . of Exceter . And it was demurred whether actionable ; and it was held actionable , and adjudged for the plaintiff . Christian Plaice , and William How . Trin. 32. Eliz. B. R. Croo. 1. part last publisht . 185. And yet Croo. 2. 436. Page and Keble . Mich. 15. Jac. B. R. Action was for this , Thou art perjured , for thou art forsworn in the Bishop of Gloucester his Court. After verdict , it was moved that the words are not actionable ; and of that opinion was the Court , and gave Rule for Iudgement accordingly .

Case 268.

Action for this , Thou hast stoln a load of Hop-poles . And it was ruled , Charge of theft of Hop-poles . the words were actionable . Guyldeslew and Ward . Pasche . 33. Eliz. B. R. Croo. 1. part last publisht . 225.

Case 269.

Action for this , I am put out of the Parsonage-house , by Fowler the Patron , Charge of Treason . Words general and incertain . who is neither the Queens friend , nor a true Subject ; it was adjudged that the words were not actionable ; and said to be adjudged not to lye for this , Hee is not the Queens friend . Fowler and Aston . Hill . 34. Eliz. B. R. Croo. 1. part last publisht . 268.

Case 270.

Action for this , What art thou ? a Bankerupt , and wast a Bankerupt . Bankerupt . Declaration . By way of interrogation . And the Declaration was , quod cum fuit Mercator per magnum tempus , &c. and saith not , hée was a Merchant at the same time of speaking of the words . The Court held the Declaration good . And that his answer was a direct affirmance , but they would advise , &c. Jordan and Lyster . Pasche . 34. Eliz. B. R. Croo. 1. part last publisht . 273. See Croo. 1. 205. Collys and Malin , where the Plaintiff said , that hée had used the Trade of buying and selling of Cattel per magnum tempus , but did not say , hée used it at the time of the words spoken , it was adjudged against the Plaintiff . See also the like Case . Croo. 1. 231. Leycroft and Dunker .

Case 271.

Action for this , brought by a Shoomaker , and one that used buying and selling of Leather , Hee was a Bankerupt . And it was adjudged it did lye , Bankerupt . albeit he were no Merchant , but hée got his living by buying and selling . Stanley and Osbaston . Hill . 34. Eliz. B. R. Croo. 1. part last publisht . 268. See the like for a Dyer . Croo. 2. 585. Squire and Jones . Mich. 18. Jac. B. R. See for this before , Case 181. 184. 190. 199. 205. And after . 244. 268.

Case 272.

Action was brought for this , by the Lord Mordant , My Lord Mordant did know that Prude robbed Shotbolt , and bid mee compound with Shotbolt Scandalum Magnatum . for the same , and said , hee would see mee satisfied for the same , though it cost him a hundred pound , which I did for him being my Master , otherwise the evidence I could have given would have hanged Prude . It was adjudged for the Plaintiff , and a Writ of Errour brought in the Exchequer-Chamber , and Errour assigned in the point adjudged . Croo. 1. part last publisht . 67.

Case 273.

Action for this , said to one newly sworn as a witnesse in a Court , as hée Charge of Perjury . is coming out of the Court , Thou hast forsworn thy self . And it was adjudged actionable . Nedham and Corsellis . Hill . 35. Eliz. B. R. Croo. 1. part last publisht . 293. See Croo. 1. 209 Drake and Cordery .

Case 274.

Action for this , Hee is a suborner of Perjury . After Verdict and Motion Charge of subornation of Perjury . to arrest the Iudgement , it was adjudged for the Plaintiff . Guerdon and Winterflud . 35. & 36. Eliz. B. R. Croo. 1. part last publisht . 308. See here . Case 298. 315.

Case 275.

One spake of the Bishops Register of Gloucest . these words , amongst other Slander of an Officer . Charge of Extortion . In another language . Averment . Incertainty of the person . actionable words , Inimicus meus , Innuendo , the Plaintiff ] is an extortioner . But laid it to be spoken in another language , and did not aver , that it was spoken in the presence of any that understood the language . And it was the opinion of the Court , it was naught ; and so said to be adjudged before , that without this Averment it will not lye . And Inimicus meus was incertain , unlesse it had béen averred , that hée was then the Plaintiffs enemy , and hée had no other enemy ; or that there was spéech about the Plaintiff in particular ; and there said to be adjudged . That where thrée were sworn in an evidence against a man , and hée said to them , One of you is perjured , that the Action lay not , and an Innuendo cannot make it certain . Jones and Davers . Mich. 38. 39. Eliz. B. R. Croo. 1. part last publisht . Innuendo . 446. For Extortoin , see chap. 20. before . For another language . See after . 284. And for the incertainty of the person slandered . See Case 199. 137. 197. 224. After Case . 309. 317. 320. 335. 336. 342.

Case 276.

Action for this , was in Communi Banco . Brown [ Innuendo , the Plaintiff ] hath delivered untruths upon his Oath , in his answer to the Bill Charge of Perjury . of J. S. in the Chancery , and had Iudgement ; and brought his Writ of Errour , and assigned Errour that the words were not actionable . And the Iudgement was hereupon resolved . Brown and Michael . Mich. 38. 39. Eliz. B. R. Croo. 1. part last publisht . 500. See after Case . 287.

Case 277.

Action for this brought by a Preacher , the Parson of D. Parrat [ the Charge of Incertainty . Plaintiff Innuendo ] is an Adulterer , and hath had two Children by the Wife of I. S. and I will cause him to be deprived for it . And it was held by the Spiritual Slander . Court to be a slander examinable in the Spiritual Court , and therefore adjudged against the Plaintiff . Parrat and Carpenter . Mich. 38 , & 39 Eliz. B. R. Croo. 1. last publisht . 502. Sée Croo. 2. 625. See before Case 14 , 20. 42. 76. and after Case 288. 293. 324.

Case 278.

Action by a Iustice of Peace for this . One Webb being Arrested as accessary Justice of Peace slandred . of Felony for stealing of his owne goods , Mr. Stafford [ Innuendo the Plaintiff ] knowing thereof discharged the said Webb , by an agreement of three pound , whereunto Mr. Stafford was privie , whereof thirty shillings was to be paid to Mr. Stafford , and was paid to his man by his appointment , and the Plaintiff had judgement ; and Error was brought and assigned that the words were not actionable , but the judgement was affirmed . Croo. 1. last publisht , 536. Sée after Case 334.

Case 279.

Action for this , Thou art a Witch and a Sorcerer , and it was adjudged Witch and Sorcerer . for the Plaintiff to be actionable . John Rogers and Gravat . Trin. 39 Eliz. B. R Croo. 1. part last publisht . 571. See before Case 145. 229 : and after Case 319. 323. 337.

Case 280.

Action for this by an Attorney . I. S. Martin your Attorney , he is the foolishest Slander of an Attorney . and simplest Attorney towards the Law , and if he does not overthrow your Cause I will give you my ears , ; Hee is a Fool , and an Asse . It was held these words , He will overthrow your Cause , were actionable , and it was adjudged for the Plaintiff upon all the words . Croo. 1. part last publisht . 589.

Case 281.

An Action was for this , I arrest you for Felony ; and the Court séemed to incline to the opinion , that the words were not actionable . Hobb . Rep. pl. 286.

Case 282.

Action for this . Thou art a Corn-stealer ; and if was adjudged for the Corn-stealer . Plaintiff that the words are actionable . 39 Eliz. Co. B. Croo. 1. part last publisht . 563.

Case 283.

Action for this , I will call him in question for poysoning my Aunt , and I Charge of Murder indirectly . Averment . make no doubt to prove it . After verdict and motion to arrest the Iudgement , because the words were not a direct Affirmation , and because he did not aver that his Aunt was dead , it was held that the words were actionable without any such averment , and adjudged for the Plaintiff . So for saying , He was perjured in this Court , although he were never sworn . Web and Poor . Trin. 39 Eliz. B. R. Croo. 1. last publisht . 569. Sée Case 217. before , and 245. 299.

Case 284.

Error of a Iudgement in the Common Banke for these words , Thou art a forsworn Fellow , for by thy false Oath thou hast hanged as true a man as Charge of Perjury . thy self ; and the error assigned was because the words were not actionable ; it was adjudged that the words were actionable , and the Iudgement was affirmed .

Exception also was taken to the Declaration , for that it was , Quod Declaration . propalavit quaedam scandalosa verba , prout in his Anglicanis verbis sequend . In another Language . viz. Thou , &c. for that it may be they were spoken in another Language , &c. sed nec allocatur , for it shall be intended they were spoken in English . Bate and Rookwood . Trin. 39 Eliz. B. R. Croo. 1. last publisht . 572.

Case 285.

An Action was for this , Thou hast harboured and received thy Son , knowing him before to be a Seminary Priest ; the words were held actionable , and Harboring a Priest . the Plaintiff had judgement . Pasche . 10 Jac. B. R. Smith and Flint , Croo. 2. 300.

Case 286.

Action for this , spoken of an Attorney , Thou art a Couzening Knave , and gettest thy living by Extortion , and didst couzen one Pigeon in a Bill of Costs Slander of an Attorney . of ten pound , It was held by the Court , that for the first words , Thou art a Couzening Knave , it lyes not , nor for the next , thou gettest thy living by Charge of couzening . Extortion , no more than for saying , thou gettest thy living by swearing and forswearing , &c. As in the Case of Stanhop , but for the last words that the Action did lye ; and it was adjudged for the Plaintiff . Stanley and Boswell . Hill . 40 Eliz. Co. B. Croo. 1. last publisht . 602. And in Croo. 2. 586. Jenkins and Smith . Mich. 18 Jac. B. R. It is adjudged to lye for this , said of him , Thou art a false Knave , and a couzening Knave , and hast gotten all that thou hast by couzenage , and thou hast couzened all those that have dealt with thee .

Case 287.

Action for this , The Plaintiff was Perjured in his Answer in the Starre-Chamber Charge of Perjury . [ Innuendo a Bill there exhibited by the Plaintiff against the Defendant ] It was held the words of themselves were actionable , and that the Innuendo being repugnant , is voyd ; and it was adjudged for the plaintiff . Innuendo . Corbet and Hill . Pasche . 40. Eliz. B. R. Croo. 1. last publisht . 609. and in the Case of Poultney and Wilkinson . Mich. 45 Eliz. B. R. an Action was brought for this , Thou art thrice Perjured in thy Answer in Chancery to my Bill [ Innuendo a Bill by the Plaintiff there against the Defendant , and an Answer to that Bill . ] It was upon a Demurrer adjudged for the plaintiff without argument . Croo. 1. last publisht . 907. Sée the like in Croo. 1. 234. Sir Richard Snowds Case , Sée before Case 276.

Case 288.

In Norwoods Case . Trin. 41 Eliz. B. R. It was held , that for saying , Incontinency . Spiritual Slander . One hath begotten a Bastard on such a Woman , is not actionable at Common Law . Croo. 1. last publisht . 684 , Sée Case 277. before .

Case 289.

Error of a Iudgement in an Action of the Case , for words of Master Bridges , Hee is a maintainer of Theeves , and keepeth none but Theeves in Charge of maintaining Theeves . his house , and I will prove it , &c. For that it was said the words were not actionable , because he doth not aver , that he knew them to be théeves ; and the judgement was reversed , Ball and Bridges . Hill . 42 Eliz. B. R. Croo. 1. last publisht . 746. Sée before Case 264. 159. 164. 171. 201. and after Case 345.

Case 290.

Error of a Iudgement for an Action for these words , Mistris Margaret Passy [ Innuendo the Plaintiff ] sent a Letter to my Master , and therein willed Charge of endeavour to poyson . him to poyson his Wife ; for that the words are not actionable . But the Iudgement was affirmed , and held that the words were actionable . Croo. 1. part last publisht . 747. See before Case 109. 148. 160. And after Case . 335.

Case 291.

Action for this , by a Gaolor , for this said of him , Heath hath let forth prisoners out of the Gaol , and had his part and shares with them ; and by that means Slander of an Officer . he came to his goods ; hee had not a sheet to his bed , before hee let them out of the Gaol to steal them ; and it was held that the words were not actionable , and adjudged for the Defendant . Heath and Pose . Mich. 42. Eliz. B. R. Croo. 1. part last publisht . 783.

Case 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 , for saying , the Plaintiff had murthered three children , whereunto the Defendant pleaded not guilty , In a course of Justice . and at the Trial , the Defendant , to extenuate damages of his Client , did urge and presse the fact , to make the matter more probable , so far as might tend to the defamation of the Plaintiff ; and because it was in his profession , and pertinent to the good and safety of his Client , though it were not directly to the issue , a prohibition was granted . Hughes Case . Hobb . pl. 399.

Case 304.

Action for this , Thou art a Theef , and hast stoln a Tree , upon not Charge of stealing a Tree . And. For. guilty , and verdict for the Plaintiff ; yet it was adjudged against him . And yet a Iudgement was cited in the Kings Bench. 7. Jac. given for the Plaintiff , for this , Thou art a Theef , and hast stoln Trees out of J. S. his Orchard , &c. Hobb . Rep. pl. 98. Adrian Coote . Co. B. See after Case . 333.

Case 305.

Action for this , Thou art a Theef , and hast stoln twenty load of my Charge of stealing Furre . Furrs . Vpon not guilty pleaded , and a verdict for the Plaintiff , and motion to arrest it , and divers Iudgements cited in the Kings Bench. And for this , Thou art a Theef , and hast stoln my Corn ; that Iudgement was given for the Plaintiff , yet Iudgement was given against the Plaintiff in this Case . Hobb . Rep. pl. 406. Clerk and Gilbert . Co. B. See after Cases 333.

Case 306.

Thornton a Carrier against Jobson for this , Hee is a common Barretor . Common Barretor . The Court was of opinion , the words were not actionable ; and yet for an Officer , Iustice of Peace , Attorney , or the like , that they were actionable . Hobb . pl. 188.

Action for this , said of an Attorney , Thou art a common Maintainer of Suits , and a Champertor , and I will have thee thrown over the Bar the Common Champertor . next Term ; it was adjudged for the Plaintiff . Co. B. Box and Barnaby Hobb . pl. 145.

Case 307.

In the Case of Cuddington and Wilkins , Co. B. It was held by the Court , that after a general , or special pardon of Felonies , a man cannot To call one Theef after a general or special pardon . justifie the calling of another Theef , that had committed a Felony before the pardon ; and therefore that an Action will lye for this , especially in the Cases where the Slanderer doth , or may know of the pardon . But if a man commit a Felony , and get a secret pardon , that another man not knowing of it , may justifie the apprehending of him for the Felony , even as a common voice and fame is a sufficient warrant to arrest for Felony , albeit Common fame a good warrant to arrest for Felony . the same be not true ; for this is for the advancement of Iustice , but so it is not to call him Theef , for that is neither necessary , nor tending to advance Iustice , Hobb . pl. 71. and 106.

Case 308.

Action for this , that hee being Bailiff to A. for three years last past , of Charge of couzening . his Land in C. and had the selling of his Corn and Grain , and that the Defendant said this unto him , Thou art a couzening Knave , and thou hast couzened mee in selling false measure in my Barley , and the Country is bound to curse thee for selling with false measures , and I will Selling by false measures . prove it , and thou hast changed my Barley . Vpon not guilty , and verdict for the Plaintiff , it was notwithstanding adjudged against him , but held that if hée had béen a common Ridder , or Badger , and charged to sell by false measures , this had been actionable . And so perhaps , if I have a Bayliff , to whom I commit the buying and selling of my Corn , and I give him the greater wages in respect of the trust and imployment , and one shall charge him to have deceived me in his office or trust , by buying & selling of false measure to my damage , this may be actionable . Hobb . Rep. Bray and Haines , pl. 93. And in Mich. 13 Car. 1. B. R. Seaman and Bigg , Action for this , whereas the Plaintiff was Servant in Husbandry to I. S. and his Bayliff in great trust with him , and thereby got his maintenance , that the Defendant to disgrace him said , Thou art a couzening Knave , and hast couzened thy Master of a Bushel of Barley ; and this was adjudged for the Plaintiff , and that the words are actionable . Croo. 1. 345.

Case 309.

Action for this , Thy Father is a Thief [ Innuendo the Plaintiff . After verdict Incertainty in the person . Innuendo . for the Plaintiff it was adjudged against him , for that it was not alledged in the Declaration to be spoken to the Son , &c. and it was adjudged . against the Plaintiff , and the Innuendo will not help . Croo. 1. 65. Co. B Phelps and Lane . See before Case 275.

Case 310.

In the Case of Eaton and Ayloff , Croo. 1. 78. Co. B. The Court declared , Cuckold . Wittall . Quean . Hedge-Priest . Cuckoldly Knave . Cheating Knave . That this Action will not lye for calling of one Cuckold , or Wittal , or saying , That he had laine with the wife of A. Quean , or tainted Quean ; or for saying of a Parson , He is a Hedge-Priest . Sée Croo. 1. 247. Gobbets Case . That it lyeth not for calling of one Cuckoldly-Knave , or cheating Knave . See before Case 29.

Case 311.

Action for this , said of a Woman to a Woman , that whereas there was talk betwéen the Defendant and I. S. of the said A. and B. the Plaintiff , Charge of Theft . the Defendant said these words of A. and B. A. hath stoln such goods , and shee [ Innuendo the Plaintiff was privy and consenting thereunto ; after verdict for the Plaintiff , it was moved in arrest of the Iudgement , for that it is incertaine to which of them She shall refer ; but it was adjudged for the Plaintiff , and held that the words shall be referred to A. and not to B. Singula Charge of consenting to theft singulis ; and that shée was privy and consenting to the stealing of goods is actionable . Croo. 1 part. 171. B. R. Mot and his Wife , and Butler .

Case 312.

Action for this by an Attorney , Thou art a Knave , and stirrest up Suits Slander of an Attorney . between Parties , and stirredst up a Suit betwixt such Parties to their undoing , and it is a great pity such Persons should goe unhanged ; adjudged for the Plaintiff that the Action lyes . Croo. 1. 166.

Case 313.

Action for this , Hee was arraigned at Warwick for stealing of twelve He was arraigned for stealing , &c. Hoggs , and if he had not made good friends it had gone hard with him . Ubi re vera , hée was never arraigned , nor questioned for any Felony ; it was held by all the Iudges seriatim , that the words are actionable , and it was Averment . after verdict , and motion to stay the Iudgement , adjudged for the plaintiff . But that if the words were , Thou wert arraigned for two Bullocks , or perhaps if the averment had not béen added , the words might not be actionable , and it was said to be adjudged for this , Thou wert in Norwich Gaol for a Thou wert in a Gaol for a Robbery &c. Averment . Robbery commited on I. S. with an averment , that he never was in any Gaol for Felony . Sée the Case , Croo. 2. 247. It was adjudged for the plaintiff , but there is no such averment in the Case as is here mentioned . Croo. 1. 195. Hally and Stanton and in Croo. 2. 155. Showell and Haman , Pasche . 5. Jac. B. R. an Action was brought for this , Thou hast been in the Gaol for stealing of a Pan , and it was held that the Action well Lay. And in Croo. 1. last publisht , 279. Baily and Churringtons Case is this . The Action was for this , Thou wast arraigned for two Bullocks , and it was adjudged , that the words were not actionable , for he doth not say , He was arraigned for the stealing of two Bullocks , which words had been worse , and yet not actionable , for a man may be arraigned for Felony , and yet be no Felon , and in Hobb . Rep. pl. 196. is this Case . Action for this , Hee is in Warwick Gaol for stealing of a Mare , and other Beasts ; and after verdict and motion to arrest the Iudgement , it was held by all the Iudges seriatim , that the words were not actionable , for it is no direct affirmation , that he did steal , as to say he stole them , and was in Gaol for them ; but a report of his imprisonment , Steward and Bishops Case . Sée after Case 386.

Case 314.

Action for this , said of a Midwife about her profession , Many have perished Slander of a Midwife in her Profession . for her want of skill ; it was adjudged for the plaintiff , and held , that the words were actionable . Croo. 1. Flowers Case . 153.

Action for this , That whereas he was in treaty with such a Woman of Charge of incontinency , loss of a Marriage . good estate about a Marriage , that the Defendant , to hinder him , &c. spake thus ; Southold hath been in bed with Dorchesters Wife , whereby hee lost his marriage ; after a verdict for the plaintiff , and motion to arrest the Iudgement , it was held that the words were actionable , because of his loss , and the plaintiff had Iudgement . Southold and Daunston , Croo. 1. 195.

Sée the like Case adjudged betwéen Hawkins and Bilhead , 11 Car. B. R. Croo. 1. 292. And the like Case for a Widdow , for slanderous words spoken of her , whereby shée lost her Suiter . Dame Morrison and Cade . Croo. 2. 162. And againe , Croo. 2. 323. Matthew and Crosse . Trin. 11 Jac. B. R.

Case 315.

Action for this , That the Defendant Ex malitia upon the plaintiffs wife , crimen feloniae imposuit , and caused her to be brought before a Iustice Charge of Theft . of Peace ; and falso & malitiose said before him , that he charged her with Felony for stealing of a Hogge from one H. and required her to bée bound over , &c. and it was adjudged for the plaintiff . Manning and his Wife , and Fitzharbert . Croo. 1. part 1. 97. Sée Croo. 1. 116. Topsall and Edwards the like Case .

Action for this , Thou hast given I. S. nine pounds for forswearing himself Charge of procuring Perjury , and Forgery . in Chancery , and hast hired him to forge a Bond. It was adjudged for the plaintiff .

So for this , Thou hast procured one Smith to come thirty miles to commit Perjury before my Lord of Winchester , and hast given him ten pound for that purpose . Harris and Dixon . Croo. 2. 10. See Case 274.

Case 316.

Action for this said of a Lawyer , He is a Dunce , and will get little by Slander of a Lawyer . the Law ; he was never but accounted a Dunce in the Middle Temple . It was adjudged for the Plaintiff , and that the words are actionable . Peard and Jones . Croo. 1. 278.

Case 317.

Action for this said to the Brother of the Plaintiff . Thy Brother was whipped about Taunton Cross for stealing of Sheep , or burned in the hand Charge of theft indirect . or shoulder , After a verdict for the plaintiff , and a motion to arrest the Iudgement , it was adjudged for the defendant for the incertainty of the Incertainty . words . Stirley and Hill . B. R. Mich. 8 Car. Croo. 1. 206. Sée before Case 275.

Case 318.

Action for this , said in London , Hee is a Pimp , and a common Pimp , Pimp . Common Pimp . and notorious , which hee would justifie . After verdict for the Plaintiff , upon a motion to arrest the Iudgement , it was stayed . Croo. 1. 286. Dymock and Fawcer . B. R.

Case 319.

Action for this , Shee is a Witch , and a strong Witch ; after verdict for Witch , and strong Witch . the Plaintiff , upon motion to arrest the Iudgement ; it was held , the words were not actionable , and adjudged for the Defendant , B. R. Mich. 8. Car. 1. John George and his Wife , and Harvy . Croo. 1. 205. and 236. And there all the Iudges held , that the Action will not lye for calling of one Witch , without alledging of some Act done . See after Case 323. 338.

Case 320.

Action for this , Thou didst violently , upon the high way , take my purse Charge of Robbery . from mee , and four shillings two pence in it , and didst threaten to cut me off in the midst , but I was forced to run away to save my life . It was held , the words were actionable , and adjudged for the Plaintiff . Lawrence and Woodward . Croo. 1. 202. See before Case 92. 108. 149. 151. 154. 160. 174. 250.

Case 321.

Action for this , Thou art a long shag-haired murdring Rogue . It was Charge of Murder . Adjective words . Murdering Rogue . Bawd and Bawdy-house charged . held , the words were actionable , and it was adjudged for the Plaintiff . Green and Lincoln . Croo. 1. 232. B. R.

Case 322.

Action for this , Hang thee Bawd , thou art worse than a Bawd , thou keepest a house worse than a Bawdy-house ; and keepest a Whore in thy house , to pull out my throat . It was held , the words were actionable , and adjudged for the Plaintiff . Peirson and his Wife , and Gooday . B. R. 9. Car. 1. Croo. 1. 239. See Case 103. But see for this . chap. 14. sect. 4. chap. 20. sect. 2. chap. 21. sect. 5.

Case 323.

Action for this , Thou art a Witch , and I will make thee come and sav , Witch . God save my Mare : I was forced to get my Mare charmed for thee . After verdict for the Plaintiff , upon motion to arrest the Iudgement , it was stayed , until &c. Croo. 1. 233. Broxon and Dager . Mich. 9. Car. B. R. Croo. 1. 233. See Case 319. 338.

Case 324.

Action for this , whereas such a one was delivered of a Bastard childe , Charge of Incontinency . the Defendant speaking of it , said , That hee , Innuendo , the Plaintiff , is the reputed Father of it ; and upon not guilty , and a verdict for the Plaintiff , he had Iudgement in the Common Bench. And a Writ of Errour was Spiritual Slander . brought , and it was reversed , and held , that the words are not actionable , unless hée have any special damage , or that it be such a Bastard , as is like to charge a Parish , or the like . Croo. 1. 315. Salter and Brown . B. R. 11. Car. 1. Hill . See before Case 277.

Case 325.

Action for this , said of one that is the Son of a man rich in Lands and Goods , and in hope of part of it , Hee is a Bastard ; and it was held actionable , For calling of one Bastard . without averment of any special damage . And a Iudgement affirmed in a Writ of Errour , was cited in the Case . Croo. 1. 337. Humfrevs and Averment . Stanfield . Pasche . 13. Car. 1. B. R. And after Croo. 2. 213. in the Case of Vaughan and Ellis . Mich. 6. Jac. B. R. in case only , where one had but a possibility and hope , for which hee was offered some considerable recompence , and by this slander lost it : the words were adjudged actionable , and the Iudgement was affirmed in a Writ of Error . See Croo. 2. 323. And see before Humfreys and Studfields Case . Case 78.

Case 326.

Action for this , brought by a Frée-man , and Trades-man in London , Charge of couxening on a Trades-man . Thou art a Cheater , and hast cheated my Husband of five hundred pound . And it was held , that the words being not spoken of his Trade , are not actionable . And it was adjudged for the Defendant . Needler and Symnell . Mich. 11. Car. 1. B. R. Croo. 1. 301. See Case 261.

Case 327.

Action for this , brought by a Merchant , That hee was a cheating Knave , Charge of couzening upon a Merchant . and had cheated his Father by returning twenty pound for wares , &c. And it was held , the words were actionable , and the Plaintiff had judgement , Croo. 1. 398. Arundel and Mare . Trin. 15. Car. 1. B. R. See Case 261.

Case 328.

In the Case of Pew and Jefferies . B. R. Pasche . 12. Car. 1. It was held , Welsh Theef . Welsh Jade . Welsh Rogue . Welsh Whore . that this Action will lye , for calling one Welsh Theef ; but not for calling of one , Welsh Jade , or Welsh Rogue , or Welsh Whore . Croo. 1. 329.

Case 329.

Errour of a Iudgement in the Common Bench , for this , Thou art forsworn in a Court of Record , and that I will prove . And Iudgement Charge of Perjury . there given for the Defendant ; it was reversed , the words held actionable , and Iudgement given for the Plaintiff , Banco Regis . Ceely and Hoskins . Mich. 14. Car. 1. B. R. Croo. 1. 366.

Case 330.

Action for this , by an Attorney , spoken about him in his office , Hee is Slander of an Attorney . Cheating . a very base Rogue , and a cheating Knave , and doth maintain himself , his wife and children by his cheating ; and it was adjudged for the Plaintiff , in Co. B. but by a Writ of Errour , brought into the Kings Bench , and there it was affirmed . Pasche . 14. Car. 1. B. R. Croo. 1. 371.

Case 331.

Action for this , Thou art a Rogue , and a Rascal , and hast killed thy wife [ quandam Elizabetham nuper uxorem le Plantife Innuendo ] upon Charge of murder . not guilty , it was found for the Plaintiff , and moved in Arrest of Iudgement , that the words were not actionable , because it was not shewn , that the wife was dead , nor how shée was killed , nor that shée was violently killed . But it was held , the words were actionable ; for where it is said nuper his wife , it shall be intended shée is dead , and thou hast killed her , Averment . shall be intended according to the vulgar acceptance . And it was adjudged for the Plaintiff . Wilner and Hoid . Trin. 13. Car. 1. B. R. Croo. 1. 352.

Case 332.

Action for words , whereas hée was a Deputy Clerk under a Register to an Archdeacon , and received divers Fées by the Office , and was to account Slander of an Officer . for them , that the Defendant speaking of him ; and his Office , intending to deprire him of his place , and to bring him in the displeasure of his Master , said of him , that Hee is a base couzening Knave , hee is a Cheater , and hath couzened his Master [ the said A. B. Innuendo ] It was adjudged for the Plaintiff , and all the Court held the words actionable , and that it shall be intended , that they were spoken concerning his Office . Reynolds Case . Trin. 15. Car. 1. B. R. Croo. 1. 406.

Case 333.

Action for words , that such a day in presentia & auditu quamplurimorum subdictorum Domini Regis , hee spake , &c. Thou art a Theef , and hast stoln my corn . After verdict , and motion to arrest the judgement , it was held by the Court ,

1 That the Declaration was good in presentia , &c. albeit it may bee Declaration . some of them might not understand the language .

2 Albeit it be said , that hée spake the words of the Plaintiff , Thou , &c. which must be to the Plaintiff , yet it was good enough , for being spoken to , they are spoken of him first , and it is all one .

3 That it shall be intended reaped Corn. And therefore that the words were actionable , and judgement was given for the Plaintiff . Croo. 2. 39. Mich. 2. Jac. B. R. Kellur and Menasby .

Action for this , Thou art a theevish Knave , and hast stoln my wood . Charge of Theft of wood . After verdict for the Plaintiff , upon not guilty , and motion to arrest the judgement , it was held by three Iudges , the words were not actionable , and adjudged against the Plaintiff for the Defendant . Robbins and Hildredon . Pasche . 3. Jac. B. R. Croo. 2. 65.

Action for this ; Thou hast stoln my wood . It was demurred in Law , Theft of wood . whether the Action lay , and adjudged without Argument for the Plaintiff . Loe and Sanders . Trin. 5. Jac. B. R. Croo. 2. 166.

Action for this , Thou art a Theef , and hast stoln Master Saint George his Tree . It was adjudged for the Plaintiff after verdict , and motion to arrest the Iudgement . Minors and Leeford . Hill . 3. Jac. B. R. Croo. 2. 114.

Action for this , Thou hast robbed the Church [ Innuendo , the Church of Theft of Lead . St. Alphage : and thou hast stoln the Lead from the Church , Innuendo , the Church of St. Alphage aforesaid , upon not guilty pleaded , it was adiudged for the Plaintiff , two Iudges being against the judgement . Benson and Morley . Pasche . 5. Jac. B. R. Croo. 2. 153.

Action for this , Thou hast stoln my corn , and carried it to Market ; Theft of Corn. and upon motion to arrest the judgement , after a verdict , because the words are not actionable , the Court held it otherwise , and it was adjudged for the Plaintiff . Croo. 2. 442. Mich. 15. Jac. B. R. Turnor and Champion .

Action for this , Thou hast stoln as much corn out of my fields , as is worth nine shillings , or ten shillings , After a verdict , the Court doubted , and did not give judgement . Ellis and Fitch . Hill . 15. Jac. B. R. Croo. 2. 457. See before Case 304. 305. and after Case 341. 346.

Case 334.

Action by a Iustice of Peace for this , Kempe is a Basket Justice , a partial Justice ; I will give 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 Incertainty in the person . verdict for the Plaintiff , it was moved in arrest of the Iudgement , that it was not actionable for the incertainty of the person ; but it was adjudged for the Plaintiff , for it is said he spake it of the Plaintiff , and a man shall not be intended to have more Masters than one ; but agréed , that if one say to I. S. Thy Son hath robbed me , a Son cannot bring an Action , but hée must aver he had no more Sons . But if one say to a Son , Thy Father , or Averment . to a Wife , Thy Husband hath robbed me , the Action will lye for the Father or Husband , without any such averment . Croo. 2. 443.

Case 343.

The Defendant was arrested by a Warrant upon a Latitat , directed to Charge of Forgery . the Sheriff of Midd. and the Defendant spake these words , This is a counterfeit Warrant made by Mr. Stone [ Innuendo the Plaintiff had forged the Warrant ] and after verdict for the Plaintiff , and motion to arrest the Iudgement , that the words were not actionable , it was adjudged otherwise , and for the Plaintiff . Stone and Smalcombe . Mich. 20 Jac. B. R. Croo. 2. 648.

Case 344.

Action against two , for this spoken by them , Thou hast the Plate of I. S. and we will charge thee with that Felony . After verdict for the Plaintiff , it Words spoken by two . was moved in arrest of Iudgement , that the Action lyes not joyntly against them , for the speaking of one , is not the speaking of the other , but they must be severally charged . And it was thereupon adjudged for the Defendants . Chamberlaine against White and Goodwin . Mich. 20 Jac. B. R. Croo. 2. 647.

Case 345.

Action for this , that whereas the Master of the Defendant , Sir William Ayliffe was robbed of goods by persons unknown ; the Defendant said , Thou Charge to maintain theeves . art a Maintainer of Theeves , to steal my Masters goods , Innuendo , the goods of the said Sir William Ayliffe , who was robbed . And albeit hée did not say , that hée maintained them in the Felony , or knew them to bee Théeves ; it was adjudged for the Plaintiff . And this said to be adjudged actionable , Thou maintainest Pirates , who rob upon the Seas , Bennet and Tabram . Hill . 19. Jac. B. R. Croo. 2. 629. See Case 289.

Case 346.

Action for this , that the Defendant said of the Plaintiff , Hee [ Innuendo , the Plaintiff ] is a Theef , for hee hath stoln corn from Mr. Key , Charge of Theft [ quendam Richardum Key , Innuendo ] And after verdict for the Plaintiff , it was moved in arrest of judgement , that it was not actionable ; for hée dath not shew that there was any talk about the Plaintiff , and without this it cannot be applied to him ; and it shall be taken for standing corn , yet the Plaintiff had judgement , and that judgement affirmed in a Writ of Errour . And there it was agreed by the Court , not to lye for this , Hee is a Theft of Wood. Theef , for hee hath stoln my Trees , or my Evidence , or my Lead off my house ; and they held this actionable , Hee is a Theef , for hee hath stoln my Theft of Corn. corn ; and therefore that the Action here was maintainable . And so to say , Thou hast stoln my Wood ; and the Court held the Declaration good , saying that the Defendant spake these words ; and the Iury having found it for the Plaintiff . And a judgement was cited to be had before in the like case , and affirmed by a Writ of Errour . Smith and Ward . Co. B. Mich. 21. Jac. Croo. 2. 673. See Case 333.

Case 347.

Action for this , that the Defendants Wife spake of the Plaintiffs Wife , Charge of Theft . Adjective words Thou art a Theevish Rogue , and a theevish Quean , for thou hast stoln my Faggots [ Innuendo , five Faggots of the said White , and his Wives ] and upon not guilty pleaded , and a verdict for the Plaintiff , it was moved in arrest of Iudgement . For the first words are adjectively spoken , and a Charge to steal a Feme Coverts goods . Feme Covert can have no goods ; yet the words were held actionable , and it was adjudged for the Plaintiff . Stampe and his Wife , against White and his Wife . Croo. 2. 600. And in Pasche . 34. Eliz. B. R. Charnels Case . Action was brought for these words , said by a Wife , My Turkies are stoln , and J. S. hath stoln them . And it was adjudged for the Plaintiff , against the Husband and Wife . Croo. 1. part last publisht . 279.

Case 348.

Action for this , Thou perjured Beast , I will make thee to stand upon a Scaffold in the Starre-Chamber , was adjudged actionable . Benson and his Charge of Perjury . wife , against Hall and his wife . Pasche . 19. Jac. B. R. Croo. 2. 613.

Case 349.

Action for this , That hee was a Theef , and had stoln his Gold ; upon Charge of Theft . not guilty , and a verdict for the Plaintiff , and motion to arrest the Iudgement ; for that hée saith , hee was , for it may be long since , and that a general pardon hath since taken it away , &c. yet it was adjudged for the Plaintiff . Boston and Tatum . Mich. 19. Jac. B. R. Croo. 2. 622.

Case 350.

Action for this , Thou wast in Launceston Gaol for coyning . To which the Plaintiff said , If I was there , I answered it well enough ; yea , Thou wast in Gaol for coyning . said the Defendant , you were burnt in the hand for it ; and it was held by the Court , that the words were actionable . Gainford and Tuke . Trin. 17. Jac. B. R. Croo. 2. 536. See Case 346. before .

Case 351.

Action for this , said to a Fréeman and Scrivener in London , Thou Rogue . Conny-catching Rogue . Couzening Rogue . Cut-purse Rogue . art a Rogue , and a Conny-catching Rogue , a couzening Rogue , a cut-purse Rogue . And after verdict for the Plaintiff , upon motion to arrest the Iudgement , it was adjudged against the Plaintiff , that the words are not actionable . Bets and Trevaman . Trin. 17. Jac. B. R. Croo. 2. 536.

Case 352.

Action for this , said of a Surveyor and Measurer of Land , that makes Charge of an Officer . his living by it , in reference to his Trade , Thou art a couzening and a shifting Knave , and a cheating Knave . It was adjudged for the Plaintiff . Blunden and Eustace . Mich. 16. Jac. B. R. Croo. 2. 504.

Case 353.

Action for this , said of a Iustice of Peace , and the Kings receiver of Charge of Couzenage in an Officer . the Court of Wards , Mr. Deceiver ( Innuendo , the Plaintiff ) hath deceived the King , and I have him in question for it [ Innuendo , a supposed material thing by him against the Plaintiff ] and I doubt not to prove it , and upon not guilty , a verdict was found , and judgement given for the Plaintiff in the Common Pleas , and a Writ of Errour brought in the Kings Bench , where the judgement was affirmed . Sir Miles Fleetwood and Curse . Hill . 17. Jac. B. R. Croo. 2. 557.

Case 354.

In Hobb . pl. 335. It is held by the Iudges , that a Libel , albeit the Libel . Contents thereof be true , yet it is not to be justified . But the matters thereof are to be legally discovered to some Magistrate or other , that may have Cognizance of the Cause , in the right way . And yet in an Action Justification . of the Case , if the things be true , it may be justified that it is spoken .

FINIS .