Action upon the Case FOR SLANDER. OR A Methodical Collection under certain Heads, of Thousands of CASES Dispersed in the many Great Volumes of the LAW, of what words are Actionable, and what not. And of a Conspiracy, and a Libel. BEING A Treatise of very great use and consequence to all men, especially in these times, wherein Actions for Slander are more common then in times past. With an exact Table annexed, for the ready finding out any thing therein. By W. Sheppard Esq. LONDON, Printed for Ch. Adam's, J. Starkey, & T. Basset and are to be sold at their Shops, at the Talbot in Fleetstreet, the Mitre near Temple-Bar, and in St. Dunstan's Churchyard, in Fleetstreet, 1662. TO THE Right Honourable the Lord Chief Justice of the Court of the King's Bench, The Lord Chief Justice of the Court of the COMMON PLEAS, The Lord Chief Baron of the Court of the EXCHEQVER: And the rest of the Reverend Judges of the same COURTS. Honourable Lords, and Reverend Sages of the LAW, TO whom should I present this Piece, but to Yourselves? And of whom should I beg the Patronage thereof, but of Yourselves? The Work being about the LAW, and nothing else, but the Grave, and Learned Judgements, Resolutions, and Opinions, of Your Eminent and learned Predecessors; By which they being dead, yet speak. And though it must be confessed, that neither the Author, nor the Work have any thing in them to merit Your Approbation, yet Your Goodness, and condescension will be the more eminent, and singular, in affording both him and it Your Countenance and Protection, and lay greater Obligations upon Your Lordship's most humble Servant W. SHEPPARD. To the READER. Judicious Reader, IT is not improbable, but we are fallen into the last age of the World, foretold by our blessed Saviour, Wherein the love of many shall wax cold, and Iniquity shall abound. And among the abounding Iniquity of this Age, the iniquity of the Tongue, that little Member, set on fire by Hell, is not the least: And among the evils of the Tongue, is there any more pernicious and deadly, and yet more common and epidemical then Backbiting and Slander? May we not now say, with the Prophet. Jer. 6. That men walk with Slanders: And with the Royal Psalmist, Psal. 50. Thou sittest, and speakest against thy Brother, and Slanderest thine own Mothers Son. It is true, that in former times, we find Actions of the Case for Slanderous words very rarely brought; which speaks thus much, that such words were then very rarely spoken. But in these days they are become almost as natural to men, as their language and discourse; and therefore the disease, so deeply rooted, and overspreading, calls for the application of the Remedy, which our Law doth abundantly furnish us withal. And hence it is, I have been encouraged to engage in this work; which is nothing else but a naked and Methodical Collection of the remedies prescribed by the Law against this Malady. And herein (for brevity sake) you may find in some Rules in the first, and in some (especially in some of the last) Examples answering to those Rules; in the last Chapter of the Book, an Epitome of the whole work. Wherein we have thought it best to name (amongst others of more Authority) some of the Cases in the Books of uncertain Authors lately published, and leave the same to the Judgement of the Reader. You may, perhaps, find herein some seeming Impertinencies, Superfluities, Contradictions and vain Repetitions, the which upon mature Deliberation will be found otherwise. And there will be, doubtless, by reason of the shortness of time, and haste of the Press, many Erratas of mine and the Printers escaped. But this notwithstanding, I doubt not, but it may be found very useful to the ends I have proposed to myself therein, viz. For Lawyers, to lead them to the Cases, that they shall have occasion to look after therein. For others, to teach them to set a watch before the door of their Lips. And if now you will but cover the Defects of the work, and accept of the pains of the Author, this is all that is desired by your Friend, a lover of his Country, and well wisher to the Laws thereof. W. SHEPPARD. THE CONTENTS OF THE Chapters contained in this BOOK. Chapters. Pages. 1 OF an Action of the Case in general. 1 2 Some general things of Actions of the Case for Words. 3 3 Of the Slander of a Title to Land. 14 4 Of the Scandalum Magnatum. 16 5 Of Actions for Slanders of all kinds. 19 6 Of words of Slander about matter of Treason. 32 7 Of words of Slander about matter of Murder. 35 8 Of words of Slander, about matter of Witchcraft. 40 9 Of words of Slander, about Rape, Sodomy, Buggery, and house-burning. 42 10 Of words of Slander, about matter of Theft. 43 11 Of words of Slander, that may bring a man in danger, of other corporal punishment besides death. Of Petit Larceny. 60 12 Of Perjury. 61 13 Of Forgery. 66 14 Of words of Slander, about matter of Incontinency. 68 15 Of other words, importing some charge of transgression of a Penal Law. 71 16 Of words Spiritual, Passionate, and Vain, for which no Action is given. 74 17 Of other words, that have another import in them. 75 18 Of words that hinder one's Preferment. 77 19 Of words, importing a charge of Deceit and Cozening. 79 20 Of scandalous words, that relate to men in their Offices, Professions, and places of Trust. 82 21 Of scandalous words that relate to men in their Trade, and Way of Living. 94 22 Of an Action of the Case for a Conspiracy. 100 23 Of Plead in Actions of the Case for Words. 106 24 Of a Libel. 115 25 Some Cases for the illustration and confirmation of all that is before laid down in the whole work. 117 Advertisement. THere is in the Press an Exact Collection of Approved Forms of Judicial Writs, fitted for the use of all Practisers, in the Court of Common-Pleas. Collected by a very able hand; And to be sold by C. Adam's, I. Starkey, and T. Bassett, at their Shops in Fleetstreet. ACTION OF THE CASE. CHAP. I. Of an Action of the Case in general. Action of the Case. AN Action of the Case, is a Writ brought against one What it is Sect. 1. for an offence done without force, as for not keeping 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 deed done. By words spoken; it is either for words spoken against the Title of a man's 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 he 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 deed, 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 deeds, is either upon an Assumpsit, or Promise, or upon a Nuisance, upon a Trover and Conversion, upon a Deceit, upon a Conspiracy, or it is upon some other Nonfeasance, 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, etc. Dyer. 8. 72. A Defamation may be also by deeds, 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, etc. Bulst. 3. Part. 272. Coo. 4. 14, 15. If the Lord shall please to give time and strength, we 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, Thief, Bankrupt, and the like. Some spiritual, as to call one Adulterer, Bawd, Whore, Heretic, and the like. And as to those Slanders called Spiritual, no Action will lie 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, Thief, Murderer, Bankrupt, and the like. And yet in some cases he may bring his Action at the Common Law for that which he may also have his Remedy in the Ecclesiastical Court; for the Common Law is to be preferred where they stand in equal degree in respect of the matter to be tried. Mich. 23. Car. 1. B. R. Styles Register. We might here have distinguished Slanders by Public, 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 Wool transported, or the like. And this is punishable upon Indictment by Fine and Imprisonment. But we 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, Thief, or the like. And some others, for speaking of things, that if they were true, he 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 Thief, or the like. Treason, Theft. And there are others that will not bear Action, unless they be spoken of some certain men, as Merchants, Tradesmen, or the like; as to call a man Bankrupt, or the like. Goldsb. 126. 84. Croo. 1. 99, 100 We shall begin with Actions about words, the which we shall dispatch in this piece, and then shall speak to Actions about deeds: And in our labour about words, to open the Law herein, we 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. WE 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 we 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 he is a Traitor, Thief, or the like; or which touch him in his Liberty, as heretofore to have said of one, He was Villain to J. S. or which concern a man in member in any corporal punishment, as to say, A man hath stolen (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 judge or justice of Peace, He is a corrupt judge or justice of Peace, or the like; Or Corruption in an office. Deceit in Trade which slander a man in his Calling or Trade, by he gets his living, as to say to an Attorney, You are a cheating Knave, of a Tradesman, that lives by buying and selling, he is a Bankrupt, or the like; or which tend to the loss of a man's preferment, as to say to a man about to be preferred to a Benefice, That he is an Heretic; or of a woman like to have a Husband, Heretic. Whore. Infectious Disease. that she 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 he 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 man's Title, as to say, He hath no Estate in his Manor, when he is about, and hath need to sell it, or the like: Or which tend to a man's dis-inheritance; as to say to an Heir to Land, He 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. etc. 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 we 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 lie 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 equivalent to Actionable words. being equivalent to words that are Actionable, may bear an Action; for they may prima fancy, 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. Agreed. 3. That it matters not how the words (if they be Actionable) be published Which way soever published. or divulged, whether by writing, or speech; for the Action is maintainable in both Cases. So a man might have been charged in this Action for a slander, by a Bill in the Star-Chamber, and so he may be now by a malicious Indictment. Coo. 4. 14, 15. See in Huttons Rep. 10. In Owen's Rep. 30. 4. That it is all one as to the maintenance 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 behind 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 Thief, or in the third person behind his back, thus; J. S. is a Thief, 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 Latin, or Welsh, 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 lie for them; And if in another Language in the hearing of them that do not understand them, it seems they are not Actionable; And yet if one speak words in another language that are Actionable, and he English them himself by words that are not Actionable, it is said, the words shall not bear Action. Croo. 1. Part last published. 496, 497, 865. 15. Car. 1. B. R. in Hetleys Rep. 175. In Huttons Rep. 8. in Hobb. Pl. 155, 351, 236. See in Marches Rep. bendlow's Rep. 134. Styles Rep. 263. Yet see 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 Thief, or by way of Interrogation; as where is the piece you stole from me? Hath that Bastard B. caused you to be arrested? Hast thou been at London to change the money thou didst steal from me? or by way of Argumentation, as, I will prove J. S. to be a Thief: Or by way of Negation, when it doth imply an Affirmation, as You are no Thief; or by way of Irony, as, You are no Thief, are you? Or thus, I have said that J. S. is a Thief, and I Theft. will justify 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 published. 273. See 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 man's 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 Thief; if J. S. did not say so, the words are Actionable, if he did say so, he may justify the speaking of them. But if he report the words, as to say, one said A. B. is a Thief, and not name the Author of the Report, the words are dangerous, and may be Actionable. Croo. 1. part last published 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. yelverton's 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 lie 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 speeches, or at one, or more sentences or speeches, 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 lie for words, though the words in a proper Taken improperly. Theft. speech cannot be true; as if a woman say to me, Thou hast stolen my goods; for she hath no goods, but what is her husbands, adjudged. 9 Jac. Croo. Rep. 2. 60. 14. That the slander that doth concern a man's 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. Cozener. Fornicator. as that he is a Rogue, Knave, Cozener, Fornicator, or the like; for these words he can bring no Action without Averment of some special loss he 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 maintenance of the Action. And therefore some words that in themselves are no Actionable; relating to some persons, may been 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, He is no true Subject; yet to say so of a Privy Counsellor, justice of Peace, Sheriff of a County, Captain of a Troop of Horse, about the King, may be Actionable. As it is reported in leonard's Rep. 335. So to say to one of the Privy Counsel, He is an untrue man to the King. Trin. 32. Eliz. B. R. Walgroves Case. And yet it hath been adjudged not to lie for this, said of a Knight, and one of the Gentlemen of the King's Privy Chamber, That he was a cozening Knave, and lived by cozenage. In Godb. Cozening. Rep. 284. Croo. 2. 427. In leonard's 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 he hath been indicted for it, and acquitted of it upon his trial on the Indictment. In Hobb. Rep. pl. 71. 105. In Owen's 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. harrison's 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, he 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 Owen's 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 be before them that understand them, they may be 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 Shoemaker's Journeyman) wilt cut thy Master out of door. Every one of these speeches 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 aver it. And thus, to say of one in Devonshire, and thereabouts, He 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, He is mainsworn, where it is taken for, He is forsworn. So to say of one in some Countries, He hath strained a Mare, where it is taken for, He hath stolen a Mare, or, buggered a Mare. So to Strained a Mare. Outputter. say of a man in Northumberland, Westmoreland, and some other places, He is an out-putter, where it is taken for a Horse-stealer. So to say of a man in Westmoreland, and some places, He 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 thief. servant to a Shoemaker, 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, He is a Daffidowndilly, where it is taken for this, He is an Ambidexter: 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 he 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. See for all these things in Brownl. 1. part. 13. Hobb. Rep. 350. 236. 106. 126. 191. 394. Yeluerton 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 deed, 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 lie 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 scandalise a man in his Office, or Place, or Trust, or in his Calling, of Function, by which he gets his living, or which do charge him with any great infectious disease. All such words will bear an Action, without alleging or averring of any particular damage by the speaking of them. But in all other Cases there must be a special damage alleged 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 been 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 been what they will, the party that speaks them may justify 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 lie upon them. 4. They must been of a simple, single, and known sense; for if they be of an indifferent meaning, no Action will lie 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 itself, no Action will lie 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 lie 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 lie upon them. 8. They must import a thing possible to been; for if they import a thing simply and apparently impossible, no Action will lie 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 lie 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 lie 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 qualify them, and take away the force thereof, no Action will lie upon them. 12. They must be spoken in an extrajudicial way; for if they be spoken in a course of justice, and a judicial way, no Action will lie 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 lie 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 foreign, 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, etc. 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 justify the speaking of them. But in that case he must take heed he do not plead Pleading. not guilty; And if they be malicious, and false, an Action will lie 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 malicious, 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 showed for the speaking of them. But for the discovery of the malice, these things are to been known. 1. That where no other 'Cause can be showed of the speaking of the words; there the Law will take it to be malicious. That which is chief therefore to be considered, is Causa Dicendi. For if a Lawyer shall in the pleading of his Client's cause, innocently, and pertinently to the cause in hand (which he must look to) and according to his Instructions, speak such words as may charge a man with a Crime, or been 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 she 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 lie, for these words. For here the cause, or occasion of the speaking of the words, doth show, that there was no malicious intent in the speaker when he spoke 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 he spoke 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 Thief, J. S. is a Bankrupt, or, thou hast killed J. S. or, thou was forsworn in the King's 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 money out of the pocket of J. S. Thou wast cooped up for forging Writs. Or, thou didst forswear thyself in the King's Bench; for this may been taken in the Prison called the King's Bench. Or thus, He hath but one Perjury. Manor, and he hath gotten it by swearing and forswearing; or, thou hast stolen my Apples, or my Corn; for it may be from the Tree, or out of Theft. the Field. No Action will lie 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. yelverton's 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 needs 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 worse, than to the better sense, they shall be always taken in the better, and not in the worse 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 agreed, Burning a Barn. An infectious disease. Felony. That no Action will lie, for saying of a man, He did burn my Barn, for it may be a Barn without Corn; Nor for saying, He hath the Pox; for it may be the ordinary, not the French-Pox; Nor for saying, Thou art a coiner of Gold; for it may be his Trade, and he 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 been in a Court of justice, or the like. And not Invendo in any of these Cases will make any such like words that in themselves are not actionable to been 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 been no other words spoken with them to turn their sense the other way, there they may be taken in the worse sense, and liable to Action; and therefore it hath been adjudged to lie 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 Thief; or, your Husband, or, your Wife, or, your Father is a Thief. For if they be altogether uncertain, either as to the person slandered, or as to the slander itself, no Action will lie upon them. And therefore if one say, One that is near you is a Thief, or, mine enemy is a Thief; or, one of the Sons [or, one of the Servants] of J. S. (who hath many Sons or Servants) is a Thief, or the like; no Action will lie 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 me; or, A. smells of the murder of J. S. or the like; no Action will lie for any of these words. And not 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, He is a Thief, 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 speech, nor for every passionate word or speech, 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 agreed, That this Action will not lie, for any of these following words; Thou art a Villain, Rogue, Varlet, Villain, Rogue. Varlet. Rascal. Knave. Cozener. Cheater. Railer. Miscreant. Hypocrite. Knave, Cozener, 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 joined with other words that are actionable, may aggravate the slander, and so increase the damages. So to say of another, That he keeps such a Dog, that his neighbour's about him cannot go in peace; or, that his are in every man's ground. For these, and such like words as these, no Action will lie. For in this the Rules are Boni Judicis Interest dirimere lights & 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 lie upon them. And therefore it is agreed, that no Action will lie 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 murder of J. S. or, I shall arrest him for flat Felony. For these, and such like words as these are, no Felony. Action will lie. 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 been done. For if it import such a thing done, as is altogether and apparently impossible, no Action will lie upon them. And therefore it is held, that no Action will lie for saying of another, that he hath Murder. killed my Wife, for that the words themselves do show 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 he 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 lie upon them. And therefore it is held, That no Action will lie for such like words as these; He is a Thievish Knave; or, he is a Traitorous Knave; or, he is a seditious Knave. And yet if these, and such like Adjective words, shall import an Act done; as, He is a perjured Knave; or the like; There this Action will lie, Or if they be Theft. such words as do slander a man in his Office, Function, or Profession; as to say of a Judge. He is a corrupt Judge; or, of such an Officer, Corruption in an officer. He is a corrupt Officer; or, he is a bribing Knave: Or if they be such words as do slander a man in his Trade; As to say of a Tradesman, He is a Bankrupt [or a Bankeruptly] fellow. For all these, and such like Bankrupt. words the Action will lie. And so also it will where the Adjective word is Theft. added to an actionable word; As, Thou art a cunning Thief. And so also it will lie where the intent of doing an Act, and the Act done are joined together. As, He would have rob me, and did rob me of my dagger. And so also it will lie where the words import that he is doing of the Act, as where he saith of one, He is ravishing a woman, or, he 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. Murder. 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 lie upon them. And therefore it is agreed, 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 kill of a man, where it doth appear by the Record itself, that the party supposed to be killed, is yet alive, is not actionable; for he neither hath, nor can have damage by it. So to charge a man with a trivial light matter, as that he hath erected a Cottage against the Law, or hath a Dog that will not suffer his neighbour's 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 joined with them, and spoken at the same time, and therefore where part of the words rend 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 do explain, limit, and qualify them, in such cases they will not be Actionable; and therefore it is agreed, that no Action will lie for the words in the Cases hereafter following. For that thou hast stolen my Apple, out of my Orchard, I will say thou art a Thief; or, Art thou not a Thief that hast stolen away my Evidences; or, Art not thou a Murderer, 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 Murderer, in these and such like cases no Action will lie upon them. But these two Rules are given herein. 1 That the words that shall qualify and extenuate such Actionable words, must be full and clear, and not ambiguous. 2 That the words that must qualify and correct, must be such as do 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 Thief, and you have stolen 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 Thief, for you have stolen my Apples, etc. But see more of this hereafter. Coo. 4. 19 Hobb. Rep. 97. 381. 406. Styles 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 justice in an ordinary way of justice, no Action will lie for this, for in this it is held for a rule, That for a Suit, or any other legal proceeding in a course of Justice, if it be not out of malice, and touch not a man's life, no Action will lie; and therefore this Action will not lie against a man for bringing a Writ of Forger of false Deeds, nor for preferring Articles against Forgery. a man to a justice 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 acquitted 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 jurors, 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. See March of slanders, 2 part 10. Styles 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 Latin, Greek, Welsh, or any other Language in the hearing of such persons, as whereof not one amongst them doth understand what they Words of another Language. intent, or signify; no Action will lie upon them. Croo. 1. 65. 144. Hobb. Rep. 63. 276. For the fourteenth 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 lie for the words; As where one is charged to keep Théeves about him, and it is not said that he knew them to be such, no Action will lie 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 justify 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 plead of the Parties, and Verdict of a jury for the Plaintiff be made certain, and so become Actionable. The Plead 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 published, 192, 193. As to say to a Bishop, or a judge, or justice of the Peace, or the like man, he is a Vermin in the Commonwealth, 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 been héeded (as far as it can be known) as the import of the words themselves. And for this it is said, It must been héeded, Quo Animo, they are spoken, & sensus verborum est attendendus. Et quae ad unum sensum [or, ad unum finem] locuta sunt non debent ad alium detor queri. Nor are these Actions to be maintained upon men's 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 men's 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 foreign 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 he 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 he hath forsworn himself, where it is in a case wherein he 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 justice utter such words as otherwise would be scandalous; In these, and such like Cases as these, no Action will lie 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 rend asunder from the rest: And therefore if one be talking about a judge, Attorney; or other such like Officer about his office, and in this discourse say, He 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 deal as a Usurer, 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 he doth kill Hares with Engines, and thereupon the other doth say to him, That he is a Murderer, So if Murder. one say of me; He is a Traitor, for I trusted him to buy Land for me, and he bought it for himself. So if he say, I rob him, for I took away Treason. his evidences, and a subpena. In these, and such like cases no Action will lie for the words. Coo. 4. 16. 19 Brownl. 7. and 2. Godb. Rep. 89. Lieure 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 been taken in the better, and not in the worse sense. But of this see before. 6. That where the sense of the words is general, and may be taken divers ways, there it shall been 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 judge, 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 been intended with reference to his office, but to some other thing, the words will not be actionable. Coo. 4. 16. Hetleys' Rep. 123. 139. We have touched it before, That Slander is, and may been by word, or by deed. And by word it may be either of the title a man hath to his Land; or of his Person. We shall first of all lay down something of the first of the slander of titles; and then we shall enter upon the slander of person's. As to which it may be easily discovered by that which is laid down in the general foregoing Rules; That in this subject we are upon, these things are principally to been 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 itself. We shall therefore after we have dispatched the first, and after we 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 man's title to his Land; or to a man's disinheritance. Sect. 1. a man's Title to his Land, or tend to a man's disheritance, for which an Action of the Case may lie. And for the opening of this point, these things are to be known. That in all cases where an Action will lie 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 been spoken about Land that doth not concern me, 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 been true, been it what it will, the speaker may justify 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 he doth pretend title, as next heir, or otherwise. And he shall say any such words as these, That the Land is his Land that claimeth it, and not the others; or, that he hath a good title to it, and the other hath no title to it; or, that he hath such an Estate in it; or, such a conveyance of it, if in truth he have such a conveyance of it, and if it been true, as he saith, no Action will lie for it. So if they both claim as heir, and the one of them say of the other, That he is a Bastard, or, that he is not the rightful heir; or, that his Father was an Alien, or the like; and that he 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, he hath such a deed or conveyance of it, where in truth he hath no such deed, or conveyance at all; or, if he hath any such, it is a counterfeit, and a forged one, and he 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, yelverton's 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 he is hindered 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 he hath lost his Chapman, or otherwise suffered any special prejudice (the which he must not fail to set forth in his Declaration) there without question the Action will lie, Croo. 1. 99 100 Croo. 2. 213. 397. 422. 484. Croo. 2. 642. 337. Owen's Rep. 32. Popham, Rep. 187, yelverton's 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 lie, 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 loss 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 turn to his prejudice, Coo. 4. 17. Croo. 2. 642. M. 20. Jac. B. R. Elborrows' case. 6 That this Action will not lie 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 incertain, of a double intendment, doubtful meaning, or the like, no Action will lie 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 do 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 another's 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 be a Copyholder for life, of Land in a Manor, 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. Owen's Rep. 32. Pophams' Rep. 187. Croo. 2. 163. yelverton's 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. Owen's Rep. 32. Croo. 1. 99 And if one that claims this Land as his own, 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. Yeluerton Rep. 80, 88 And if a Counsellor shall say, That his Client 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 lie for this. Coo. 4. 17. Trin. 25. Eliz. B. R. Banisters case. If I have a Copyhold 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 lie 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 he 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 he 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 show a Lease of it, and it is counterfeit, and he 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; he may have this action. Coo. 4. 18. So if I been about to sell my Land, and another man shall say, the Land is conveyed to J. S. and is his Land, or that he 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 been 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 he 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 lie. Crush verse. Crush. M. 3. Jac. B. R. And so it hath been agreed, That an Action will lie 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 me, 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 been Heir apparent to my Ancestor, who intends to settle his Land upon me, and by occasion of these words, he doth give it away from me; 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 seems the Law is, That if one shall say of me, 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 he is about the sale of this Land, and I am bid money for this possibility, and then one shall say of me, I am a Bastard, and after that the Purchaser refuse to give me 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. IU. Of the Scandalum Magnatum. SCandalum Magnatum, is a wrong done to some eminent person of the Scandalum Magnatum. What. Land, as Duke, Earl, Baron, Chancellor, Treasurer, Privy-Seal, Justice of the one Bench, or of the other, by false news, or false messages, whereby debates and discords between 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 itself. 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 lie or not. for such a wrong these things are to been 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 Chancellor; Treasurer, Clerk of the Privy-Seal, Lord Guardian of the Cinque Ports, and of the King's Privy-Council, Steward of the King's Household, 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 speech or writing; either spoken or written from a man's 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 lieth 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 deeds, 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 been 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 Just 228. Coo. 4. 14. Fitz. Deceit. 35. Dyer. 285. Kelw. 27. in Hetley Rep. 55. For what this Action may be 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 between 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 been 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, Viscount, Says Case, In Leyes Rep. 82. Croo. 1. 96. And for this, My Lord of Winchester sent for me and imprisoned me till I entered into bond of twenty pound to the King's use. The Bishop of Twenty pound Winchester's Case. Croo. 1. last published. See it in Leonard Rep. 336. 2. H. 8. So for saying, My Lord is a base Earl, and a paltry Lord, and keepeth none but Rogues and Rascals like himself. Earl of Lincoln's Case. Trin. 5. Jac. B. R. Yet see Croo. Rep. 2. 196. So for saying. You bring in Jesuits and Papists into the Realm, etc. Earl of Northamptons' Case. Coo. 12. 136. So for saying, You maintain sedition against the King's proceed; 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 custom 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 Buckingham's 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 Subject's beasts, and keep them in a Castle that they cannot be replevied; but to say that he did so once, will not bear an Action. Duke of Buckingham's Case. So for this, You have sent Commissioners to spoil the Country, where he sent Commissioners to make Leases of his Land, and improve his Rents. Duke of Buckingham's 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 published. 192. and leonard's Rep. 336. And so generally, of any words of an ordinary man's 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 lie in these Cases, and for these words following, viz. The Earl of Lincoln's men by his commandment did take the goods of one Hoskins by a forged warrant, because it was not said, he 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 Star-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 between 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 Chancellor, Treasurer, Clerk of the Privy-Seal, Steward of the King's household, justice 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 he hath heard J. S. to say such false and horrible words, for if it should, by this means it may be published generally, etc. 3. It was resolved, That if A. say to B. Did you not hear that C. is guilty of Treason, etc. this is tant-amount to a scandalous publication. And in a private Action for Slander of a common person. If J. S. publish that he hath heard J. N. say, that I. G. was a Trairor, in an Action of the Case, if the truth be so, he may justify 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 he hath not given to the Plaintiff any cause of Action against any but against himself, who published the words, albeit he might hear such a report, for otherwise this might tend to the great Slander of an innocent, it coming first from a man's mouth of no credit, and being after in the mouths of persons of credit, etc. 4. It was resolved, That the judgement 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 lieth, 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 been 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 he is bound to certify 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 agreed, 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 man's ear, and by him keep 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 he must look to, this is not actionable. But if it be not pertinent to the issue, or matter in question, it will be his wisdom to forbear it, for if not true, or if true, and not pertinent, he may be sued for it in this Action. So if he shall speak the words at another time, and in another place, Mich. 31. Jac. B. R. Brook Versus Montague. 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 lie for this; for he doth but his duty, and it shall been intended to been spoken according to his Clients Instructions. Styles Rep. 462. 5. If the Slander be contrived by way of judictment, Articles exhibited By way of Indictment. to procure one to be bound to the Good Behaviour, or otherwise in a course of justice, it may be actionable; But for this know, That this Action will not lie for any thing that is said, that may reflect upon another, if it been said or done in a way of justice, 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 justice upon a suspicion of Felony that is false. And where one doth exhibit a scandalous Bill in a Court that hath jurisdiction of the Things, and they be false; or a man in pleading say, such a man was Bankrupt, and so he seized his goods under a Commission, and the like. So where a witness doth give in evidence Bankrupt. 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 deed; 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 lie 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 Peascod. Croo. 1. part last published. 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 he 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, Murder, or the like, wherewith the Court had not jurisdiction, as Sir Richard Buckly was charged by a Bill in the Star-Chamber to be a maintainer of Pirates, Théeves and Murderers, and a Procurer of Pirates, and for this the Action was adjudged to lie, for that Court had not Conusance of these things. Coo. 4. 14. Croo. 1. last published. 230. 247. So also if one having a Bill in there against a judge for Corruption, or the like, and he had gone about and divulged what was in the Bill to others to scandal the party; this had been actionable. Trin. 116. Car. B. R. Vast. Crooks Case. So if a justice of Peace sent his Warrant to arrest a man pretended by the justice to be accused before him for the stealing of the horse of J. S. the party is arrested and kept in Prison, till he give bond to answer it, and in Theft. truth the man was not accused, nor had the justice any ground for it; this is actionable adjudged. But if in truth he had been accused, albeit it had been 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 justice for a Warrant against him, and he say, take heed 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 feigned is, that A. did it, and thereupon B. doth inform a justice of the Report, and before the justice, 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 suspicion, yet he may not thereupon affirm that he did it, for he 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 lie. So if he do or Robbery. say more than is necessary in the right road of justice. As if I be rob, 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 rob me, I may be liable to his Action; So where I have duly indicted a man upon a suspicion of Felony, and I shall after tell of it boastingly in Alehouses, and report of him, that he hath done the Felony whereof he is suspected, or had preferred a Bill in the Star-Chamber of scandalous matter, and had after gone and reported the thing in an Alehouse, or the like. Croo. 1. last published. 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 lie for this. Croo. 1. part last published 230. 247. 6. A Bill of Indictment was falsely and maliciously without any colour By way of Indictment. of guilt preferred by one to a Grand jury against another for a Rape, and an Ignoramus found by the jury; 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. Styles Rep. 335. See in March. of Slanders. 2. part 10. And if there be malice and conspiracy in a Course of justice, 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 lie for this. Croo. 1. part last published. 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 he ceased his prosecution there, and did get a Supplicavit out of the King's Bench, to have the good behaviour there. In this Case it was resolved, that the Action did lie. But had he prosecuted in the Chancery, although the Articles had been scandalous not Action would lie, for a man shall not be punished for mistaking the Law, for he 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 Bankrupt, he may have this Action against him that so called him. Bulstr. 1. part 134. yelverton's Rep. 198. If one man slander two men at one time, they may not join 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, he must sue them severally, and may not sue them jointly 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 he 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 join his wife with him. In Styles Rep. 113. Trin. 14. Car. 1. B. R. Stiles Rep. 361. If two have an office jointly, and a slander be of one of them in relation Officer. to his office, he may have this Action, and he must bring it alone. Winch. 21. Rep. 40. If one say of a Jewry, All the Jewry is perjured; Every juror 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 the Querente, it is naught, for now it appears not how the words were uttered. Styles Rep. 70. If the declaration be, he spoke these words of the Plaintiff, Thou art a Thief, in the second person, it is good enough; for to say, de praefat. or, ad praefatum, is all one. So to say to a man's face, He is a Thief, is actionable. Croo. 2. 39 Bulstr. 1. part 5650. Brownl. and Goldsb. 5. To say of A. B. Thou art a Thief, behind his back, or, he is a Thief, Theft. to his face. And where two be speaking of A. B. and one of them say, He is a Thief; 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 Thief; if he 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 Thief. Croo. 2. 635. 1. 635. And this needs no Averment. Bulstr. 3. 72. And yet it was adjudged to lie for this, your Son Innuendo your Son William J. stole a horse, and sold him for ten pounds. Styles Rep. 46. Theft. But to say without any precedent communication of any person incertain, one of the Sons of J. S. is a Thief; 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 Thief; or, to say to the Husband, Husband and Wife. Theft. Thy Wife is a Thief, is no doubt actionable. Croo. 2. 635. Bulstr. 3. 226. In say to the Servant, Thy Master is a Thief, is without doubt actionable. Master and Servant. Theft. Croo. 1. 127. and 2. 443. 635. Hobb. 351. 371. Leonard. Rep. 335. This Action will lie for saying, Thou servest no true subject. And here an Innuendo. J. S. such a man, will make it certain. Croo. 1. last published. 192. 193. But to say without any precedent communication of a person in certain. One of the Servants of J. S. (if he have more servants than one) is a Thief, is utterly incertain, and therefore not actionable. Coo. 4. 17. Croo. 127. Hobb. Rep. pl. 331. Bendloes Rep. 134. Croo. 2. 443. But if he 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 he 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 Thief, is without doubt actionable. Brother. So to say, Thy Brother, without more, if he 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 Thief, 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 Thief. Bulstr. 3. 226. And yet to say to A. Thy brother is a Thief, and he hath but one Brother, which is B. in this Averment. case B. may have this Action, but then he must aver himself to be his only Brother; and therefore it was adjudged not to lie for these words spoken to the Father, thy Son [Innuendo the Plaintiff] hath murdered my child, Murder. because it was not averred that the speech was about the Plaintiff, or that he 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, he had no other Brother. To say, That one that is near 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 three in the company) is a Thief, or one of you two (where there are but two Theft. in the company) is a Thief. 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 he had no other enemy, it may happily lie, Coo. 4. 331. 17. Croo. 1. part last published. 497. Croo. 1. 127. Hobb. Rep. pl. Bendloes Rep. 134. So to say to three that have given in evidence, one of you three is perjured, Croo. Rep. 1. last published. 496. 497. and his fellows are Thiefs; this can be certain for none but the first, and no other person but him may have an Action for these words. Styles 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 Thief, is certain enough, and actionable. Brownl. and Goldsb. 2. To say of two others of one Surname Jones, and the one of them say to Theft. the other, These Jone-ses are Thiefs, this may be certain enough, and so actionable; But if the words be, The Jone-ses are Thiefs; the Case will be more doubtful. Godb. Rep. 391. 344. If a speech be about a Suit that is between A. and B. and sir others defendants, and in this speech the defendant is charged to say, These defendants Murder. 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 agreed might have Action upon it. To say, The Parson of Dale is a Thief, may be certain, and bear Action Theft. with an Averment that he 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 murderous Knave Stroughton lay in wait to murder me, Murder. and after not guilty pleaded in an Action brought by Thomas Stroughton, and verdict for him, hath been adjudged actionable. As was said in Croo. 2. 101. To say, that one Stamford (leaving out his Christened name) stole my Horse, is altogether incertain and not actionable. Croo. 1. 303. Theft. If there be speech between two about scandalous words, and therein one of them uttereth this speech, I know who spoke those words, Winnifle and Bell, I mean to have their Ears cut off, and their Tongues cut out; it seems no Action will lie for these by any one of either of those names. Bendlers' Rep. 134. yet see Golds. 76. which seems to differ somewhat herein. To say, A. had a Child, and between her and her mother they murdered Murder. it; it seems this is certain enough, and happily both of them may have the action. But A. may doubtless have an action. Bendloes Rep. 152. A. and B. were speaking together of C. and D. the Plaintiff, and the Theft. Defendant spoke these words of C. and D. C. hath stolen such goods, and she (Innuendo the Plaintiff) was privy and consenting thereunto; in this Case it was resolved to be certain enough, and that the word (She) 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 incertain and not Perjary. Actionable, but to say, He Innuendo, the Plaintiff, and one A. are perjured Knaves, is certain and actionable. Croo. 2. 102. An Action was laid, That the Defendant, Dixit de prefato Carolo, Where is this Baker, Innuendo the said Carolus Baker, he hath, etc. In this Case the words were held to be certain enough and actionable; as Innuendo, or Averment. to say of a Counsellor, Where 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 intent, 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. Styles 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. between 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 aver that the Father had no more Sons but the Plaintiff. Trin. 14. Jac. B. R. Lewkner and Bodnams' Case, Bulstr. 3. 249. And yet see 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 maintain his own Action, and he omit it, it will be the wisdom of the Defendant in his Pleading, to set forth the Truth omitted for his own advantage; As where the words are about a Son, a Brother, or Servant, and the Plaintiff doth omit to show, that there is but one Brother or Servant in the Case, to show 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, express, 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 implicit 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 threatening, 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 Warwick Goal, or the like. And some are otherwise uttered, also some slanders import a charge of an inclination, or a purpose only to do a thing; and some import a charge of an Attempt, and an endeavour to do 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 lie for words of slander uttered Theft. By way of Interrogation. thus, What art thou a Bankrupt? etc. Croo. 1 Part last published, 273. what I. S. that Thief? Croo. 2. 422. Pasche. 15 Jac. B. R. Nelsons Case, Hardwicks Case, 40 Eliz. Co. B. or thus, When will you leave your stealing? or thus, Have you brought again the Horse you stole from me? Theft. or, Have you brought again the Money you stole from me? Maxies Case, Trin. 18. Jac. B. R. or thus; Have you been at London to change the Money you stole from me? It is said therefore that it will lie for Theft. words spoken thus, Did you not kill I. S? and some think these words Actionable, You might have known your own Sheep, and not have stolen mine. Yeluerton, 144. And these words also, Hath A. B. the Bastard sued you, is that all the spite 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 slander 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. newland's Case. And it is said, that an Action will lie for words spoken ironically, thus, You are no Thief. Theft. This Action will also lie for words uttered after this manner, viz. I have said that I. S. is a Thief, and I will justify it, and I have told him so much to his face, Croo. 2. 438, Or thus, I will justify that I. S. is a I have said that I. S. is, etc. I will justify, etc. 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, etc. Croo. 2. 407. Hobb. Rep. 152. Or thus; I think in my conscience if thou mightst have thy will thou wouldst kill the King, etc. Croo. 2. 407. Coo. 4. 19 See for this March of Slanders, the first part, 113. Winches. Rep. 124. But these words are held not to be Actionable. It is reported A. did such a thing, and I fear 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. yelverton's Rep. 114. So if one ask why Marry S. did not come to Church, and another said, It is thought I shall question him for, & a Murder. she is with child, and I fear it is too true. yelverton's Rep. 114. So, This Action will lie for words uttered after this manner, I shall call him in question for poisoning my Aunt, etc. 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 be proved, etc. 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 Thief, and ten men will justify it, Theft. I doubt not to prove, etc. Murder. Treason. Pasche 15. Jac. B. R. So for this, I make no question but to prove that he hath poisoned my Aunt, etc. Noyes Rep. 63. So for words uttered thus, I doubt not but to prove that he 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 published. 122. Or thus, I will prove you are a Thief. Yeluerton 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 Thief. Croo. 1. last published. 420. Or thus, I will bring you before a Justice, and prove that you have stolen, etc. And yet it is said, that it will not lie for this, I will prove that A. was perjured. Winch. 124. And Perjury. that it will lie for this, I could prove him perjured if I would. Yet see Hobb. pl. 394. This Action will lie also for words uttered by way of Report from others, By way of Report. Theft. thus (viz.) J. S. told me that A. was a Thief. And in truth J. S. did never tell him so. But if in truth J. S. did tell him so, than 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 lie for words thus uttered; I have heard A. B. is a Traitor, if he do not say by whom he 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. leonard's Rep. 187. This Action will lie 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, etc. 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 lie for this. I accuse J. S. of High Treason. Huttons Rep. 131. It is held to lie for this, Bring Treason. me to the Constable's house, for I am rob, and I will bring him to the house of J. S. to arrest him, for he setteth them to rob me from time to Theft. time. So to say to a Constable, There he is, take him, for I charge him with that Felony. Styles 59 And yet for this it will not lie, I charge you, King, with Felony, and you Constable [Innuendo. A. etc.] too apprehend him. Popham. Rep. 210. Yet see Hobb. pl. 286. 381. Or thus, If I could find J. S. I doubt not but within two days to arrest him of suspicion of Felony. Coo. 4. 15. Albeit he do not say, He committed Felony. Felony. Popham 150. And yet some say, that it will not lie for these words, I charge him with Felony, etc. 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 money out of the pocket of J. S. Theft. Huttons Rep. 38. Hobb. Rep. pl. 381. 394. And yet if no Felony be done, it seems 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 justice 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 lie for words uttered after this manner, Thou hast Thou hast been in Gaol for, etc. Indicted, etc. Theft. been in the Gaol for stealing a Pan. Croo. 2. 155. Bulstr. 1. part 40. And yet it is said, it will not lie 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 lie 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 lie for this, She is a very Thief as any that robbeth by the High way side. So for this, She is a worse Thief than any that robbeth by the High way side. Croo. 1. last published. 224. But it is said, it will not lie for words thus spoken, Thou wert arraigned Theft. for Felony, for stealing of a Horse. Bulstr. 1. part 40. Nor for this, He is in Warwick Gaol for stealing of a Mare. Hobb. Rep. 196 But if Or he is in Gaol for, etc. He is indicted, arraigned, etc. Felony. he say, He stole them, and was in Gaol for it; this may be actionable. Nor will it lie, for saying of a man, He 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 seems it will not lie 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 whipped, etc. Thou wast burnt in the hand, etc. Thou wast detected for, etc. Thou wast convicted for, etc. He held up his hand at the bar for, etc. Averment. Newgate for forging of writs. Huttons Rep. 2. Nor for this, Thou wast whipped about Taunton [or burnt in the hand, or shoulder] for stealing Sheep. Hills Case. Mich. 8. Car. 1. B. R. Nor for this, He 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 published. 279. Nor for this, He 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, He was indicted for Felony at W. Sessions; or, He was impeached for Felony; or, He was accused for Felony; the Plaintiff must avert, that there was re vera not such thing done, otherwise the Action will not lie. Hobb. Rep. pl. 196. 289. It is said, it will lie for this, I will indict him for stealing of my horse. Huttons Rep. 58. It is said, that this Action will lie for this, I will pawn my shirt, I I can hang thee, etc. will hang him for., &c Winches. Rep. 124. And yet it is said not to lie for this, It is in my power to hang thee. Pasche 7. Jac. B. R. Brownl. 2. part. 280. So it is held to lie for these words, As sure as you believe God Rules the world, and the King rules the Kingdom, so sure did Whorewood Sure it is that J. S. is a Thief. steal my horse. Winch. Rep. 124. Hugh's Abridgement. 37. So also for this, I am sure J. S. is a Thief. It is said, it will not lie for this, I have served thee with the Queen's Letter for stealing of goods out of my Mother's house. Croo. 1. part. last published. 234. So likewise for this, Masters, bear witness he is a Thief. 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. Thief. uttered in a language, that one of them (at the least) that do hear them do understand. And therefore that to call a man Thief in Welch, or in Latin, 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 inquire, and so come to know what it is. Hobb. Rep. pl. 63. 276. 126. Hugh's Abridgement. 37. Croo. Rep. 1. last By way of Caution. Treason. published. 496. 497. 865. It is said, that this Action will not lie for words thus spoken; Take heed that you do not speak Treason. Bulstr. 1. 143. It is said, it will lie for this, He hath deserved to stand on the Pillory. He hath deserved, etc. Bulstr. 1. part 147. And yet it is said, it will not lie for this, Thou deservest to be hanged. Mich. 4. Jac. B. R. Nor for this, Thou hast deserved hanging. Croo. 1. last published. 470. Nor for this, He will come home if he escape the Gallows, for he 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 lie for these words thus spoken, I I fear you will be arrested, etc. Felony. I doubt you will be found guilty, etc. 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 lie 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. he is a Thief, albeit A. do never tell B. of it. Mich. 9 Jac. Fox's Cases B. R. It is held that this Action will lie for words thus uttered, Thou art as Thou art as very a Thief as any in the Gaol. Averment. Theft. very a Thief as any in Warwick Gaol [or as any in England.] So as he aver, that there is a Thief in Warwick Gaol, or in England, and what Thief it is. But not otherwise. Nor will it lie 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 lie for words thus uttered, I suspect you I suspect you, etc. 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 Barratry or Sheep-stealing, as George Bland, for he was indicted at the last Assizes for stealing of Sheep. Albeit it was not said by the Plaintiff, that he was not indicted. Barratry. Huttons Rep. 18. 19 But here we 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 justice of Peace, or some such like Officer, with reference to his Office, they may be actionable. Huttons Rep. 131. 2 That not 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 be 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 Plaintiff 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 seem very difficult, and questionable, and therefore it will be the wisdom 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 itself, 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 do not bring a man in danger of his life, but they do bring him in danger of some bodily harm; and there are other Slanders that do 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, do 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 be Actionable words, and therefore it is held, That this Action will lie for saying of a man, He is a Traitor, a Murderer, a Thief, a Robber, a Church-robber, Traitor. Murderer. 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 Sacrilege, 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 seems to be agreed also, that this Action will lie, 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 lie for saying of a man, He is a Felon, or, he hath committed a Felony, unless he show 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 agreed on all sides, that these general words may be so intermixed with other words of explication, and qualification, that they may not be Actionable at all; as to say, You are a Traitor, for I trusted you to buy Land for me, and you bought it for yourself. Or, You are a Thief, for you rob me of one of my Sentences out of one of my Books, or, of my Apples out of my Orchard; or, You are a Murderer, for you killed forty Hares in one year, or the like. Huttons Rep. 69. 110. 113. yelverton's Rep. 10. 155. Coo. 4. 13, 14, 16. But for the further opening of this, see what followeth in the next Section. And as to the matter of the Slander itself, and the thing charged upon 4 As to the matter of the Slander itself. Sect. 9 Murder. Robbery. the slandered person, take these following Cases, referring to all kind of slanders. This Action will lie for this, Thou hast Sacrificed thy Child 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 lie for this. Waterman and thou [Innuendo, the Murder. Plaintiff] hast killed thy Master's Cook [Innuendo, etc.] 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 certain enough without it. Pophams' Rep. 128. Bridgeman 60. Styles Rep. 66. So for this, Thou Theft. art a Thief, and hast rob my Son; without Averment that he had, or hath a Son. Noys Rep. 55. So for this, Thou didst kill a Woman Murder. great with Child [Innuend. uxorem cujusdam. R. C. defunct. M. 2 Jac. B. R. This Action will lie for this, Long is a Murderer, and hath bewitched my child, and was the death of my child, when a Verdict is found upon a not guilty for the Plaintiff. So for this, Whosoever is the falsest thief, and the strongest in the County of S. whatsoever he hath Felony by Theft. Averment. stolen or done, A. B. is falser than he; so it be 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 stolen 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 lie for this, Thou Felony. art a concealer of Felonies. Bulstr. 1. 148. It is said to lie for saying of an Attorney, He was cooped for forging of Forgery. Writs. 31 Eliz. in Nowel's Case. Huttons Rep. 58. It will not lie for this, He hath cozened the Town of S. [or, hath Cozening. made a false account.] But if he be an Officer of whom the words been spoken, it is more doubtful. Bulstr. 1 Part. 228, 229. It seems it will not lie for these words, He is a base beggarly Rascal and hath cozened the Parliament a hundred times, and deserves to ride on the Wooden Horse on Sandhil. Styles 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 lie 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 spoke such words in certain, Vel verba similia; this is naught. Nor will it lie for this, Thou hast stolen my Mare, or consentedst to the stealing of her. Croo. 1. last published. 780. But where it is said in the Declaration, that the Defendant spoke of a Cozening. Merchant, Thou art a cozening Knave, and a Bankrupt Knave, ac eadem verba, aut alia iis similia sepius repetivit, in this case it is good; for Bankrupt. the first words are certain and Actionable, 41 Eliz. Co. B, March in Slanders, 2 part 8. Golsb. Pl. 11. Hill 41. Eliz. Co. B. Nor will the Action lie for these words, Thou hast stolen my Mare, or Theft. was consenting to it. Noys Rep. 172. This Action will not lie 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 Bailiff, Thou dost serve false Warrants, and deceivest Deceit. the people. See it in Croo. 1. last published. 192. Nor for this, You make false Records, and justify them for true. Nor for this, Thou Innuendo. art a Papist, and not the Queen's 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 lie for saying, He hath cut my Wife's Purse, and his Father knew it, and his Father knowing of it received it of him, and the Money and Rings therein. But if he add this further, and therefore I Felony. charge him with that Felony, it may be Actionable. And yet it is said it will not lie 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 lie for this, Thou art a Thief, and that will be proved by Theft. the Apples thou hadst off my trees. yelverton's Rep. 10. 34. It is doubted whether it will lie 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 lie, for saying of a man, He hath been a Thief. So Words in the preterperfect tense. Theft Sect. 10. Plague. for saying, He hath committed perjury. But for saying, J. S. was a Thief; Or, J. S. had been a Thief: Or, of a justice of Peace, He had been a debauched man, etc. Or of any man, He hath had the Pox, or the Plague; it seems none of these words are actionable, for it may be otherwise with him now. Noys Rep. 151. Styles Rep. 22. 23. 210. 24. 25. Eliz. Co. B. It will lie against a woman Covert, for saying, Thou art a Thief for Theft. stealing my Corn out of my Barn, albeit it cannot properly be said to be her Corn. Styles Rep. 135. This Action will not lie, for saying, He 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, He is an arrant Thief, for he did break open the Trunk of A. with the tools of J. S. and took out twenty pound, and that these latter words do mitigate the former. Winch. Rep. 70. This Action will not lie for such words as these, Thou deservest to be Forgery. hanged; or, thou wast cubbed up for forging of Writs. Croo. 1. part last published. 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, he took my money with a strong Forgery. hand. Mich. 15. Car. 1. B. R. Or, he forged a Writing [or a Warrant.] Huttons Rep. 39 Hobb. Rep. 4. 48. Or, he 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 Cutpurse. 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 lie for this, Thou hast bewitched a man; Or, thou hast killed a man by witchcraft. Styles Rep. 106. It is said, it will not lie for these Filching fellow words, He is a filching fellow, and did filch four pound from me. Hutton. 34. Or, thou art a filching fellow, and didst filch from A. B. one hundred pound. Hobb. pl. 323. Nor for this, He is a prigging pilfering Merchant, and hath pilfered away Prigging fellow my Corn and my Goods from my Wife and my Servants, and this I will stand to. Owen's Rep. 57 Nor for this, Thou hast stolen a piece, and I will charge thee with Felony, for it may be a piece of any thing; Popham. 187. Theft. Nor for this, Thou didst carry away my Sheep on thy back. Huttons Rep. 8. Some judges have held, That for saying, Thou hast killed J. S. no Action will lie, for the words are too general, and he may come to his Murder. death by execution, Physic, battle, etc. But the general opinion of the judges 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 Welsh, or in other languages, the Action will lie 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 published. 250. This Action will not lie 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 be Perjury. proved by a stake that standeth between the ground of J. S. and J. D. yelverton's Rep. 10. 34. Lewis Case. Pasche 1. Jac. B. R. Nor for this, said of a man sworn in a Cause before a judge, He was disproved before the Justices of Assize at Derby before Kingsly. Owen's Rep. 58. For these words are some of them incertain, and some of them insensible. Nor for these words, That Prichard which serveth Mrs. Shelley did murder John Adam's child. 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 been true, and not modo defunct. Coo. 13. 71. The Plaintiff declares, that the Defendant dixit de praefat. The Plaintiff, Thou [Innuendo the Plaintiff] hast stolen goods, etc. 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, he 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 we must also add to the Cases put upon this head, the same Cautions we 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 justice 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 wisdom, that is to bring his Actions in the same Case for the same words, that he be well advised in it. It is said in Croo. 1. 201. That this Action was brought against a man for that he had maliciously and falsely 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. We 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, We 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 doth 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 lie, 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, He 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 he 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 lie 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. lie for saying, Thou hast killed the King. Popham. Rep. 187. So it will lie for saying, Thou hast committed Treason beyond the Seas, and didst run away from thy Captain. Lewis Case. Croo. 2. 424. So it will lie 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 lie for J. S. in this Case. Mich. 9 Jac. So it is said, it will lie for saying of a justice of Peace, Deputy Lieutenant, a Servant of the King's Person, or any such eminent person, that No true Subject. he is no true Subject. But otherwise it is if they be spoken of an ordinary person. See for this, Croo. 1. last published. 621. Croo. 2. 202. Walgraves' Case. Bulstr. 3. 221. yelverton's Rep. 104. Mich. 32. 33. Eliz. Co. B. smith's Case. Goldsb. Rep. 441. But this, I am put out of the Parsonage house by Fowler, the Patron, who is neither the Queen's friend, nor a true Subject, was held not actionable. Croo. 1. last published. 268. So it is said to lie for this, Thou art an enemy to the State of this Rebel. Realm. Croo. 1. last published. 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 lie Rebel. for saying of a man, He is a Rebel. 44. Eliz. Fountain and Grimes Case. Croo. 1. last published. 621. So it seems it will lie for saying to one, Thou art a Rebel, and all that keep thee company are Rebels, and thou art not the Queen's friend, for all this together. And yet it seems it will not lie for either part of these words alone. Croo. 1. part last published. 638. 876. So it is said to lie for this, Thou dost harbour and maintain Rebels Maintain Rebels. and Traitors. And this albeit he do not say, Knowing them to be such. Goldsb. Rep. pl. 7. 48. See chap. 10. Sect. 10. So it is held, it will lie 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 Precedent in the North shown Mr. Stapleton his hand set to a Book, whereby he had consented to the late Rebels in the North, but by the means of Mr. Fairfax, my Lord Precedent was persuaded, and the matter was suppressed. But if the words had been thus, He consented to A. and B. (who were Rebels) and not more; perhaps they might not be actionable. As where it was said of one, He was confederate with Campian the Jesuit; these words (it is said) are not actionable, for he might not know him to be a Jesuit. Croo. 1. last published. 251. 26. Eliz. inter Brown. & Lisle. So it will lie for this, That John Pierce 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 Pierce never spoke 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 he heard it, and re vera he did hear it; it is not actionable. Croo. 2. 407. So it will lie for a Master, for these words spoken to his Servant, Thou hast a Traitor to thy Master. Innuendo the Plaintiff. Croo. 1. part last published. 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 published. No true Subject. 191. So it is held, it will lie for this, I am persuaded in my conscience Opinion only. Kill the King. Maintainest Rebels. [or I think in my conscience] thou wouldst, it thou couldst 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 lie for these words, Inclination. 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. But this Action will not lie for such words as these, He is a seditious Adjective words. Knave, Nor as it hath been said, for this, He is a Rebellious Knave, or he is a traitorous Knave. Coo. 4. 19 Bulstr. 2. part 210. And yet it is said, it will lie for saying of a man, He is a rebellious and traitorous Knave. See it. Croo. 1. part last published. 171. Nor will this Action lie for this, Thou hast dealt treacherously with me. But to say, Thou hast dealt treacherously with the King, are dangerous words, and may be actionable. Croo. 2. 80. yelverton's Rep. 72. Nor will it lie for these words, Thou art a Traitor, for I trusted thee Under qualification by other words. to buy Land for me, and thou boughtest it for thyself. Coo. 4. 14. 15. 16. See in March. Rep. 20. Nor for this, Thou art a Traitor, for thou didst affirm that the King's Coin was fallen 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 lie for this, He 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, public, and violent Sedition, as the word doth most properly import; they may be actionable. Coo. 4. 13. Lord Cromwell's Case. Nor will it lie for saying, One of the servants of A. B. (if he have more than Incertainty in the person. one servant) or one that is near to A. B. is a Traitor. For it is altogether incertain, who it is that is intended by this speech. And not Innuendo can Innuendo. ascertain it. Coo. 4. 17. This Action will lie for these words, Thou art a Coiner of false money, About coining of money. Sect. 3. and I have money to show which thou coynedst. Croo. 1. part last published. 629. So for these words, Thou wast in Lancaster Gaol for coining. To the which the party accused answered; I was there, and answered it well enough. And then he replied, You were burnt in the hand for it. Croo. 2. 536. But it will not lie for saying any such words as these, Thou art a coiner of Money, or, thou coynest gold, or, thou art a coiner of gold; or, thou mayest well be rich, for thou coynest thirty shillings in a day; for a man may coin 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 lie for this, Thou hast forged a Privy Seal, About Forging the King's 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 been 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 do bear Action, the Plaintiff need not show any loss he hath sustained by them, for his Action will lie 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, we are to know, That Murder is a great Crime, and the punishment appointed by the Law for it is great, the loss of the life, and the whole estate. If any man therefore do 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 lie against a man for saying of another, That he is a Murderer; Or for saying, that he hath committed Murderer. Murder. Coo. 10. 130. and 4. 15. Dyer 236. See Owen. 33. So for this, Thou art a Murdering Knave. Croo. 1. 132, 133. So for this, Thou art a long shaghaired Murdering Rogue. Green's Case, 9 Car. 1. B. R. So for this, He is a , and hath lain in wait to kill. 28 Eliz. B. R. Harris and dixon's Case. So for this, He is a maintainer of Murderers. Coo. 4. 14. See Chap. 10. Sect. 10. So it will lie for saying this, Thou hast killed J. S. Or, Thou hast Murdered J. S. or, Thou hast poisoned J. S. or, Thou hast killed thy Poison. 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 lie for this, I will call him in question for the poisoning For the manner of utterance of the words. of my Aunt, and I make no question but to prove that he hath poisoned her. In a Case cited in Noys Rep. 63. 39 Eliz. Webs Case. Croo. 1. part last published. 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 yelverton's Rep. 153. It is held it will lie for this, I have said that J. S. hath poisoned her Poison. husband, and I will justify it, and I have told her so much to her face. Croo. 2. 438. It is held it will lie for these words said by a Servant, Thou hast killed Incertainty. my Master's Cook [with this in the Declaration, Innuendo, I. H. Servant to Mr. Dingley, who was murdered; 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 slain. 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 child, with this Addition in the Declaration. Innuendo, uxorem cujusdam. R. S. defunct. and this was held to be certain enough. Mich. 2. Jac. B. R. Certainty. It hath been held it will lie for this, He took my Wife by the hand and said, Thou and I will be married shortly; and after that he dispatched his Wife out of the way. Coo. 4. 16. So for this said of A. A. [the Plaintiff Innuendo] was with child before she was married, and betwixt her Mother and her they murdered it, which child was born alive, and heard cry; it is said the Action lies. Eyes Case in Bendloes Rep. 152. So for this. He is infected with the Murder lately committed, and doth smell of it. Dyer 317. So for this, Thou art a base Fellow, and didst kill thy first Wife. Bernard's Case, B. R. in Stiles Rep. 227. So for this, Thou art a Murderer, for thou art the Fellow that didst kill Mr. Sydnhams Man. But then the Plaintiff must be sure in his Declaration, Averment. one way or other to show, that one of his Servants was slain. Croo. 1. last published. 331. It will lie for these words. Thou hast sought the blood of thy Husband, and waste his death, for if thou hadst been an honest Woman, he had been alive yet, Croo. 1. part last published. 239. But in this Case in Averment. the Action brought, the Plaintiff must aver that he is dead. It is held it will lie 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. See Bulstr. 1. part 42. So it is said it will lie for this, to say, A. is a Felon, and one standing by said, Take heed what you say, and then he saith, Is not he 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 yelverton's 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 Plaintiff, Thou didst bring Faggots a mile and a half to the burning of the Colliers. It is said an Action will lie for this. In Huttons Rep. 122. So for this, There was a man killed in the house of A. and she concealed the Murder. In Stiles Rep. 392. and yet it is said it will not lie Concealing Murder. for this, He is a Felon, for he knoweth of a Murder and concealeth it. So it will lie for this, The Knave, the Apothecary that married my Sister hath poisoned my Uncle, and I will have him taken up again to hang him. In Stiles Rep. 245. So it is said to be held to lie for this, A. B. was found dead, and you killed him, In Hetleys Rep. 70. It is said, it hath been held to lie for this, One told me that she heard By Report. say, that Megs wife poisoned her Husband, in a Mesle of milk, with this Averment, that nullus dixit, etc. It is so reported by Goldsb. 139. Bendloes Averment. Rep. 152. So for this, A. said that B. did report, that your Wife sacrificed her child to the Devil, to make away my mother. Pasche. 15. Jac. Locks Case. It is said, it will not lie 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 been held to lie for this, Keynor is a base Gentleman, he hath four children by his servant Agnes, and he hath killed them, or caused them to be killed. In Pophams Rep. 187. It will not lie 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 kill of Hares with Engines, Under qualification. and with reference to this; the one of them doth say to him that hath so done, He is a murderer; in this case the subject matter of the discourse shows his meaning, and will qualify the words, that they shall not be actionable. Coo. 4. 14. It is said to have been agreed to lie 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 three 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 been held to lie for this. Mrs. Paffield did write a Attempt or endeavour 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 been held to lie 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, She would have cut her husband's throat, and did attempt to do it. But that it will not lie 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 published. 747. So for this, thou didst lie in wait to assault me, with an intent to kill [or to rob] me. 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 lie in wait to murder me. See Bulstr. 2. part 20. the contrary. So for this, thou didst hire one to kill me. Trin. 33. Eliz. B. R. Suttons Case. Yet see Croo. 3. 1. part last published. 191. where the Court seemed to hold the contrary to this. And yet there the Court agreed, that it will lie for this. Tabbot and Gough agreed to have hired a man to kill me; And that Gough should show me to the hired man to kill me. See the Report of one Murreys' Case, in Bulstr. 2. part 206. which seems to oppose this. So for this, thou didst lie in wait to kill me with a Pistol. Pasche. 5. Jac. B. R. So for this, thou didst send one to kill me. Trin. 33. Eliz. B. R. Or thou didst send one to my house to kill me. Yet see Murreys' Case before named. So for this, thou soughtest the life of J. S. If he be dead. Mich. 7. Jac. Weblins Case. Yet see Coo. 4. 15. So for this, he 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 child 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 dispatched out of the way.] Cardinal's Case. Coo. 4. 16. So for this. A. did prepare poison to kill me. yelverton's Rep. 90. But it is said, it will not lie for this, Sir Francis Beaumont did come to the house of Sir John Harper, and that he and his servants went about to kill Sir John Harper, and that he did maintain them, and that Sir John Harper may not have this Action for this. But if he say he 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, joined with any overt Act of Attempt, or Endeavour, there the words will been 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 lie for this, He gave his Champion counsel to make a Deed of Gift of his goods to kill me, and then to fly out of the Country, but God preserved me. Coo. 4. 18. Bulstr. 2. part 206. And it is said, it hath been held not to lie for this, Thou wouldst have killed me. Trin. 4. Jac. B. R. for this is only punishable in case of Treason. Croo. 2. 407. Hobb. pl. 152. 180. Nor for this, She would have cut her husband's throat. Lanes Rep. 98. Bulstr. 2. part 206. Nor for this, He had a mind to have killed me. Bulstr. 2. part. 206. Incertainty in words. General words. Nor for this, He hath killed a man; For this he may do as a Minister of justice, or in the wars, or se defendendo, etc. 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 he hanged himself, or cut his own throat. Croo. 1. last published. 239. See in Hetleys Rep. 70. Nor will this Action lie for such words as these, Thou seekest my life. Coo. 4. 15. Yet see before some Cases, that seem to contradict this. Nor for this, He seeketh my blood. Sir Edward Hurtburies' Case. See March of Slanders. part 2. 6. Nor for this, Thou goest about to poison a child. eaton's Case. Nor for this, He smells of the Murder 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 Murder 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 lie for these words, Thou hast poisoned J. S. And Sect. 4. this albeit he be alive, or it appear he is alive. For poison may break out upon him, and he may escape. In Bulstr. 1. part 42. In yelverton's Rep. 21. So for this, Thou didst poison J. S. and it shall cost me 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 he did it willingly, or it is not actionable. It is said, it will not lie for this, A. B. gave C. D. money 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 lie 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 she is alive at the time of the words spoken. But otherwise perhaps it may be if she 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 Tailor's 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 he 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 bloodsucker, and seekest my blood. Nor this, Bloodsucker. He is a bloodsucker, not worthy to live in a Commonwealth, and his child not born is bound to curse him. As it is reported by Noy 64. and in Popham. 177. Nor for this, Thou art a cutthroat. In Bulstr. 3. part. 265. Cutthroat. Nor for this, Thou art a companion of cutthroats. Croo. 1. last published. 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, he 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 loss he 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 justice, 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 lie 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 murdered, 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 kill of a man, it will be the sure way for the Plaintiff in his Declaration, to show that he is dead, and was so when the words were spoken. Or if he do not so, than it will be the wisdom of the Defendant in his pleading, to show he is yet alive, or was alive when the words were spoken; for than no Action will lie upon them. Coo. 4. 16. Croo. 2. 252. Yeluerton. 20. 21. Croo. 1. part last published. 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 been used in any Witchcraft, and used to kill, or lame any person is Felony. To take upon one by Witchcraft, and such like ways, 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, he may have this Action for his remedy. Stat. 1. Jac. chap. 12. Coo. 13. 59 And therefore it is held; that this Action will lie for the words as they are mentioned, in the Cases hereafter following. Some of the judges have from time to time been of opinion; that this Witch. Action will lie, for calling of a man or woman Witch; or saying, he, [or she] is a Witch, without the Addition of any other words to it: And some judgements are said to been given accordingly. For which see, Croo. 2. 306. 150. 639. 531. 205. In Godb. pl. 435. But the main current of the judge's opinions and judgements are the other way, and the Law (as it seems) is now taken to been; that this Action will not lie for saying one is a Witch; without the addition of some other words, importing that he hath bewitched some Person, or his goods, etc. 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. Styles Rep. 11. 47. It is said, to be adjudged, to lie 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 he giveth thee what thou askest, and therefore thou hast so much money. Marshal's Case, by Hobb. pl. 137. 162. But it is doubted whether it will lie for the words in the Case, next hereafter following, that is to say, Thou art a Witch, and wert the death of such a man's child, at whose birth thou wert Midwife. In Godb. Rep. 341. Bendloes Rep. 127. And so whether it will lie for this; Thou art a hag. in Hobb. Rep. 155. Hagg. And so whether it will lie for this; Thou art a Witch, and hast bewitched my wife's milk. Croo. 2. 600. And so whether it will lie for this; A. did bewitch my goodman, Incertainty. Innuendo my husband. Styles Rep. 106. And so whether it will lie for this; Thou hast bewitched one. Styles Rep. 106. But there it is the opinion of two judges, that it will lie for saying; Thou hast bewitched a man. Stiles Rep. 106. And for these words it is said it will lie; thou art a Witch, and didst Sect. 2. bewitch my Mother's drink, and being asked after why she did it, she said: If I have called her Witch, we will prove her a Witch, and answer Witch. what we have done. Hugh's 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, he is a Witch Witch and Enchanter▪ and an Enchanter, 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. Styles Rep. 106. And for this, Thou and thy Wife [Innuendo, the Plaintiff and Agnes his Wife [are both Witches. 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 published. 571. And for this, She hath bewitched J. S. by Witchfraft and Sorcery. Witch and Sorcerer. Croo. 1. part 189. Goldsb. 341. And for this, Thou art a Witch, for thou hast bewitched my Cow. Savils Case. Styles Rep. 59 65. And for this, I. S. is a Witch, and hath bewitched two of the servants Averment. of I. S. to death, and there held that the Plaintiff need not to aver that any person is dead, or how she did bewitch. Croo. 2. 639. And for this, Thou dost work by Necromancy, and dost work by the Devil. yelverton's Rep. 150. And for this, Long is a Murderer, and hath bewitched my child, and was the death of my child. Mich. 23. Car. B. R. in Stiles Rep. 65. And for this, Thou art a Witch, and dealest with Witchery, and didst procure Mother Rale to bewitch the Cattle of I. S. Hill. 20. Jac. See in March of Slanders, 1. part 15. And it is said it will lie for this, Thou hast killed a man by Witchcraft, Certainty. and that this is certain enough. Styles Rep. 106. But it is reported, and said to be held, that this Action will not lie for the words in the Cases hereafter following (that is to say) for saying of I. S. That he is a Sorcerer and Enchanter. Muttons Case. Coo. 13. 59 Sorcerer and Enchanter. Conjurer. Brownl. 2. part 276. Nor (as it seems) for saying of a man, He 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 do, as the Witch doth, deal with the Devil, the one by agreement, the other by prayer, and such like means. Some would have it Hag. for to lie for calling of one Hag, others doubt of it. Hobb. Rep. 155. Nor for this, Thou art a Witch and Enchanter, and hast bewitched Witch and Enchanter. Witchcraft. Strongs' children. Brown. 1. part 2. 7. Nor for this, He hath bewitched my Wear that I can catch no Fish. Nor for this, Thou art a Witch, and hast bewitched my child. melon versus, Hern. Godb. 341. Styles Rep. 11. 66. 59 Huttons Rep. 132. Nor for this, Marry Yates is a Sorcerer and a Witch, and a White Sorcerer and Witch. Witch, she can bewitch and unbewitch. Styles Rep. 47. Nor for this, She is a Witch, and I will take my oath of it. Turner's 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 be at quiet till we have killed him, and he did bewitch a child 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 lie, without Averment Averment. of any special loss 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 be under the general Rules before laid down, Malicious, false, certain, etc. 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 lie 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 hanged for a Rape, and it cost him dear. M. 39, 40 Eliz. B. R. Redfernes Case. Croo. 1. part last published, 589. And for this, He is ravishing of I. S. Croo. 1. 101. And for this, Thou [Innuendo the Plaintiff] 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 lie 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 lie 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 Outhouse House-burning adjoining 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 lie for saying, Thou didst burn a dwelling house, or thou didst burn a barn with corn: But it will not lie for saying, Thou didst burn a barn, or thou didst burn a barn with thine own hands. Nor may such words been 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 yelverton's Rep. 21. Bulstr. 1. part 112. Croo. 2. 184. Hobb. Rep. 196. 332. 350. And yet it hath been adjudged to lie for this, B. is a bad minded man, and none but he did burn my father's barn; and he doth use to set fire of barns about Michaelmas, when they are full of corn. In Noys Rep. 155. And see in a Case where two or three 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 lie for this, thou hast burnt my barn, for which thou wilt be 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 chief justice would have done me right, I would have hanged him for it; in this Case the judges did most incline, that the words were not Actionable. Croo. 1. part. last published 834. It is said, it hath been adjudged to lie for this, he hath harboured About the receiving of a Priest. and received his Son into his house, having notice of him before that he was a Seminary priest; for this is Felony, see in Bulstr. 1. part 181. And here this also is to been 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 man's eyes, or cutting out of his tongue, the Levying of a fine, or acknowledgement of a Statute in another man's name, conveying away of the King's Ordnance, or Armour, or the like, this Action may been 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 been 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 need any Averment of special damage by them. 3 That if the thing said been true, or not maliciously 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 itself, 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. 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 man's 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 lose 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 he will forfeit all his goods; and become liable to such corporal punishment of whipping, and the like, as the judges shall appoint. If therefore any one shall charge another falsely with any crime of this nature, he may have his remedy by this Action. It is therefore said to be agreed, that this Action will lie 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 Sacrilege, Sacrilege and Sacriledger. Church-robber. or, thou hast rob the Church of Dale. Pasche. 5. Jac. B. R. So it is said, it hath been held maintainable for these words, A. is robbing the Church of S. Or, Thou hast rob the Church of S. Croo. 1. 301. Dr. Sibthorps' Case. But for saying, Thou hast rob the Church, without more words, it seems no Action will lie, for the incertainty of the words, what Church he intended, a Visible, or Invisible Church. And Incertainty. yet to say of one, That he hath rob a Church, is conceived, may been 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 lie for this, Thou hast rob the Church of A. and thou hast stolen 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 lie for saying, Thou hast rob the Church of Dale, for thou hast stolen away the Lead of it. Coo. 10. 130. 4. 15. Croo. 2. 153. It is said, that this Action will lie for this, He hath rob a Church, not saying what Church, as the Church of Dale, etc. and that an Innuendo Certainty. may make it certain. Croo. 1. 301. Croo. 2. 154. This Action (it is said) will lie for calling of one Pirate. Or for saying of him, He 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 lie for calling of one Thief, Robber, or House-Robber. So for saying of one, He hath Other Theft. Thief. Robber. House-robber. committed a Robbery, or, he hath committed a Burglary. Coo. 10. 130. 27. H. 8. 11. 14. Dyer. 112, 236. Croo. 1. 329. In Owen's 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 stolen my Sheep. In Huttons Rep. 8. So for this, A. Horse-stealer. hath stolen Sheep. So for this, A. hath stolen 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 Thief. 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 Thief. Bulstr. 1. part 146. 210. So for this, He is a Thief to you, and to me, and hath stolen twenty pound from me, and forty pound from you. Croo. 2. 676. So for this, Thou didst meet me on the way, and askedst my purse, and I gave thee five shillings for fear. Bonds Case. So for this, A. did set on me, and took my purse from me, not saying in the high way. So for this, Thou didst set upon me in the high way, and didst take away from me my purse, and I will be sworn to it. Stoners' Case. B. R. So for this, Thou didst set upon me, and tookest away my purse, with twenty marks in it, go with me 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 me, and four shiiling two pence in it, and didst threaten me to cut me 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 lie for this, He hath rob J. S. And this albeit J. S. were never rob. Mich. 9 Jac. B. R. So for this, He is a Thief, and hath stolen my gold. Albeit he do not say when he did steal it. Croo. 2. 622. So for this, Thou didst steal my Horse, and waste in Gaol for it. Hobb. Rep. 196. So for this, He hath stolen a horse, and it will be proved by twenty witnesses. Hare's Case. And yet it is said, it will not lie for this, Thou didst take away my money [or the money 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 stolen by the high way side. Davis Case. Pasche. 38. Eliz. Goldsb. 143. Bulstr. 1. part 112. Nor for this, Thou didst beat me, and took away my purse from me. 37. Eliz. Co. B. March. of Slanders. 1. part 47. Nor for this, He did assault me, and take away my money. Bulstr. 1. part 112. Nor for this, He 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 me in the high way, and take my purse from me, 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 stolen by the high way side. Croo. 1. part last published. 459. See of this more upon the incertainty Sect. 2. of the charge. Afterwards in this chap. It is said, the Action will lie for this, Thou hast stolen my goods, and I will have thy neck. In Brownl. 2. part 230. 280. So for this, Thou art a Thief, for thou hast stolen my Cock. In Brownl. 1. part 1. Or, thou hast stolen 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 Thief, and have stolen my purse; and it Certainty. was said, that there was certainty enough in it. Styles Rep. 150. So for this, J. S. did load a Ship of my Masters with Barley, and did steal and cozen seven quarters thereof in measure. Mich. 20. Jac. Co. B. Winch. 41. See Winch. 202. So for this, Thou hast stolen Plate in Cambridge, and we will charge thee with Felony for it. Wilb. and Gunning. 2. H. 7. 16. So for this, Thou hast stolen a Sack, and a Currycomb, and I will make thee produce it. And thou didst steal my Father's Wood, and give it to a Whore. Brownl. Rep. 2. Hobb. Rep. 192. Scarlets Case. So for this, Thou art a Thief, and hast broken my Chest. In Stiles Rep. 115. Wainwrights Case. Trin. 24. Car. B. R. So for this, Thou art a Thief, for thou hast stolen 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 stolen my Axe from my Wood-pan. Edward's Case, in Styles Rep. 213. So for this, That he stole two or three pound of Tobacco out of his Master's shop, and yet there it is said, That it will not lie for this, He Averment. stole the Tobacco out of his Master's 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 piece of cloth, or else thou wouldst have delivered it to my Wife's 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 Highway side. So for this, A. is a worse thief than any that robbeth by the highway side. Croo. 1. last published. 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, He 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 Thiefs at Pinton, and Sir John Bridges is the maintainer of them, and he is a Thief himself, Dyer 75. So for this, I. S. was questioned for stealing of a grey Mare with a Manner of the speaking. snip in her ear, and Hue and Cry went out after him, and he durst not show his face hereabouts. Styles 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 lie for J. S. but not for any of the rest. yelverton's Rep. 158. So for this, Take heed how you lodge J. S. for he 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 lie for this, You do not well that you do 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, He would have rob me, and did rob me of my Dagger. Bulstr. 2. part 227. It is said it will lie for this, There is not a Purse cut within twenty Cutpurse. miles but I. S. knows of it. and hath a share in it. Balls Case. So for this, Thou art a cunning Cutpurse Knave. Trevillians Case, B. R. But not for this, He is a Cutpurse; Nor for this, He is a cunning Knave, and acquainted with more Cutpurses 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 Pickpocket. be otherwise. Croo. 1. part last published, 890. It is said to lie for this, Thou hast taken out of my Pocket forty pound of my Money, 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 lie for this, He hath picked out of my pocket silver and gold. Croo. 1. part 238. Yeluerton. 136. Dromants Case; or taken out of my pocket silver and gold, or picked my pocket, and taken away ten shillings. Styles Rep. 127. Croo. 2. 498. And yet it is said it will lie 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 lie for this, He is a Pilfering fellow, and hath Pilferer, and Pilfering fellow. Pilfered away my corn and goods from my wife and children. Huttons Rep. 14. Owen's Rep. 56. Carters Case. M. 37. 38. Eliz. B. R. Croo. 1. last published 424. Nor for this, He is a Prigging Pilfering fellow. Nor A Prigging fellow. for this, Thou art suspected to be a common Pilferer. Nor for this, Thou art a Filching fellow, and hast Filched away Ten Filcher, and Filching fellow. Pounds from me. Hobb. Rep. pl. 323. Croo. 4. 15. Nor for this, Thou art a common Filcher. Croo. 1. last published 554. This Action will lie for these strange words, where the use and meaning of them is known; Thou art a healer of Felonies, and hast showed such For strange words used in some Countries. a favour to a Horse stealer, that thereby both the Horse and Thief were conveyed away, and it is in my Power to hang thee. yelverton's 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 published 250. Bulstr. 2. part 145. Brownl. 1. part 13. Hobb. Rep. 350. And this also (as it seems) without any Averment in the Declaration, Strained a mare. that the sense of the words is so and so; for this may been proved at the Trial by witnesses. Moor's Case. 6. Jac. R. B. Hugh's Abridgement page Averment. 37. part 47. And yet some hold this Averment necessary. Brownl. 1. part 13. Croo. 1. 96. Benloes Rep. 134. Styles Rep. 296. March. Rep. 1. 18. So it is said it will lie for this for the Father, Barber and his wife be false thiefs, men cannot have their cattle go upon the Common, but they will kill them and eat them. Barber's Case. So this Action (it is said) will lie for this, A. hath half my goods, and shall be hanged for it. 8. Jac. B. R. Long & King's Case. Sed Quere of this. For it is said, it will not lie for this; I had Forty pounds' worth of Plate, and A. hath it, and will be hanged for it. Trin. 12. Jac. King's Case. So it will lie for this, He is not fit to be a Constable, for he and his Incertainty in the person slandered▪ company, the last time he was Constable, stole five of my Swine, and eat them: But it will lie only for him that is the Constable, and not for any others. Croo. 1. last published 861. So it is said, it will lie 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 speech, it was not hers but her husband's Plate. Croo. 1. 38. and 2. 60. So for this said by a wife, Thou art a thievish 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 stolen my two Cocks. Mich. 9 Jac. B. R. See Croo. 1. part last published 279. Charnels Case. B. R. It is said that this Action will lie 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 been with this Averment in the Declaration, that the Plaintiff is his Son, and that he 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 he was one of those that Robbed J. S. Goldsb. 85. So for saying to the Son, Thy Father is a Thief, and hath stolen more Averment. goods than I am worth; this will lie for the Father, and that without Averment of what he is worth that spoke the words. Bulstr. 2. part 141. Painter's Case. Mich. 11. Jac. B. R. So it is said, it will lie for a Boy that is present for these words said of him, This Boy is a Thief. Brownl. 1. part 2. So if two be talking together of John Syms, and William Syms, and one of them saith, These Symses are Thiefs, otherwise it is if he say, The Symses are Thiefs. In Haghes Rep. 39 This Action (it is said) will lie for the Father, where these words are said to the Son, Thy Father hath stolen such goods. So it will lie for a Husband, where these words are said to the Wife, Thy Husband hath stolen 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 lie for a Son, without some special Averment, that he 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 lie 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 Thief, who it is; it is one that dwelleth in the next house, called Robert Kingston; If there be such a man there, he may perhaps Averment. have this Action, but then he must aver that he doth dwell in the next house. Pasche, 7. Jac. B. R. So it is said, it will lie for these words, Pritchards' man hath rob Averment. me. But then the Plaintiff must in his Action insert this Averment, that he was Pritchards' man, and that he had no man but him, or that the conference was about him, etc. But it will not lie 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 Thief. Nor for this, One that is near about J. S. is a thief. For the incertainty of the person slandered. Coo. 4. 17. Hobb. Rep. 375. pl. 35. Nor for this, One of the Servants of J. S. is a thief, if he 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 lie 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 trespass. And it is not said, whose house he broke, but by the Innuendo, which is not sufficient to make it certain. Croo. 1. part last published. 889. Nor for this, He is as arrant a Thief as any in England, and broke up the chest of J. S. and took away forty pound out of it. Huttons Rep. 72. Yeluerton 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 etc. Nor for this, Thou didst hold up thy hand for Felony. Nor for this, Thou wast in the Gaol at G. for robbing, etc. Nor for this, Thou didst take away my money. Nor for this, Thou didst beat me, and take away my money. Nor for this, Thou didst take away my money 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 stolen 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 Cutpurse. art a cutpurse; for so every Glover is. Godb. Rep. 181. Trin. 17. Jac. B. R. Croo. 2. 536. Bulstr. 1. part 147. Pophams' Rep, 180. Bull's Case. Nor for this, A. was rob of forty pound, and a hundred marks-worth of Plate, and B. and C. had it, and for that, by God, they will be He will be 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 pieces of cloth, and beareth with the Thief; 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 He deserves to be hanged. hanging. Nor for this, It is in my power to hang thee. M. 4. Jac. B. R. Pasche. 38. Eliz. Holland's Case. 10. Jac. B. R. Pridhams Case. Trin. 16. I can hang thee. Car. 1. B. R. Nor for this, Thy brother was whipped 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, etc. Nor for this, He hath stolen a Mare, or, J. S. is forsworn. Pasche. 17 Jac. B. R. Barhams Case. And albeit he aver that J. S. did never swear any Incertainty. such thing, yet it will not lie. Croo. 2. 530. Nor for this, Thou hast stolen, without more words; And yet if he say, Thou hast stolen, 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 Piece [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 me now, as thy Wife did when she stole my Cushions. Goldsb. Rep. 242. Croo. 2. 331. Quere if it lie not for the Wife upon these words, When she stole my Cushions. Nor for this, Thou hast stolen my Mare, or consentedst to the stealing of her. In the Disjunctive. Croo. 1. last published. 780. Nor for this, Thou didst bear away my goods. Hobb. Rep. 236. Nor for this, He bore away money. Hobb. Rep. 268. Nor for this, Thou didst take my money from me. Nor for this, Thou hast theevishly taken my money out of my purse. Nor for this, Thou hast theevishly taken such goods. Croo. 2. 81. yelverton's Rep. 82. Nor for this, J. S. was rob of twenty pound. and A. had it, and will be hanged for it, by two Judges, Pasche. 9 Jac. Ford. versus King. Nor for this, He is a Rogue, or a Thief, or some such like thing; for this is altogether incertain. It is said, that this Action will not lie for this, said of a Jailor, He hath let forth prisoners out of the Gaol, and had his part and shares with them; and by that means he 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 published. 783. This Action is said to lie also for the words in the following Cases, viz. Attempt of endeavour of Theft. Sect. 6. for saying J. S. and W. S. knowing that A. did carry money, did lie 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 me to rob me in the high way, and had done it, had not my horse the better escaped with me. In Bulstr. 2. part 206. So for this, He 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, He say in the Highway to rob me. In Lanes Rep. 98. yelverton's Rep. 90. So for this, Thou layest in wait to rob me. Croo. 1. part last published, 888. Pasche. 5. Jac. B. R. 191. of Croo. 1. part last published. So for this, A. is a false Knave, and was at my house the Session's day at night, and would have rob 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 lie for this, Thou hast stolen by the Highway side. Goldsb. Rep. 143. So it will lie (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 Thiefs to rob me; and yet the contrary is affirmed. And it is said by some that this Action will not lie for this, He would have rob me; nor for this, Thou hast hired one to rob me; nor for this, Thou art a setter of Thiefs 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 do rob me, or which have rob 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. eaton's Case. An Action was brought for this, Bring me to the Constable's house, for I am rob 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 ascertain it. Croo. 1. last published. 618. It is said that this Action will lie 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 lie for this, Thou wouldst have taken my Purse from me on the Highway. Godb. Rep. 202. Nor for this, He had a mind to rob me, Bulstr. 2. part 206. Nor will it lie for such words as these, He is a thievish fellow, see more of this, Chap. 7. Sect. 3. or, Thou art a Thievish Knave; Or, He is Adjective words. a thievish Rogue; or, He is a Roguish Knave. For these Adjective words import only an inclination to do something, but nothing done. Nor will it lie for this, Thou art a thievish Whore. Coo. 4. 16, 19 Bulstr. 1. part 134. 138. Croo. 2. 514. And yet it will lie for this, Thou art a cunning thief. Bulstr. 2. 146. It is said this Action will lie for this, You are a Thief, for you have stolen a bushel of my Apples on the ground. Bulstr. 1. part 163. So, Thou art a Thief, for thou hast stolen 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 stolen the Apples out of my loft. Hobb. pl. 253. But this Action will not lie for these words, Thou art a Thief, for thou hast stolen 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 stolen my Apples out of my Orchard. Bulstr. 1. part 163. Nor for this, Thou art a thief, for thou hast rob my Orchard, or, for thou hast stolen my Apples out of my Orchard. Huttons Rep. 65. Nor for this (as some judgements are) Thou art a Thief, and thou hast Stolen my Apples out of my Orchard, or from my Trees in my Orchard, Hobb. Rep. pl. 98. 106. 404. Nor for this, He is a Thief, 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 Thief. 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 lie for this, Thou hast Stolen Apples out of my Orchard, and art a Thief, for this is like the Case. Coo. 4. 15. Thou didst kill thy wife, and art a Traitor. Nor for this, Thou hast rob my Orchard of my Apples, and wilt be hanged for this. Bulstr. 3. part 267. About Stealing of Trees, Wood, and Timber. It is said by some that this Action will lie for these words, Thou art a Thief, and hast Stolen my Trees; Or [And thou hast Stolen my Trees.] Or [And thou hast Stolen Mr. George's Trees.] Or [And thou hast Stolen my Apple Trees.] Brownl. 2. Cowl and Gilberts Case. Co. B. Hill. 3. Jac. B. R. Minors Case. Or [And thou hast Stolen 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 judgements, that it will not lie for these words. Goldsb. and Brownl. 2. Hobb. Rep 98. 404. Godb. 335. Benloes. 137. It is agreed by all that it will not lie for these words, Thou art a Thief, Differing opinions and judgements about this. for thou hast Stolen my Trees, or Mr. George's Trees, etc. 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. Yeluerton 10. 34. Croo. 231. Noys Rep. 135. Hobb. Rep. 77. Brownl. 2. Godb. 335. This Action will lie for this, Thou hast Stolen two armfuls of my wood, Bulstr, 2. part 82. and 1. 163. So for this, Thou art a Thief, and hast feloniously taken my wood. Pasche. 38. Eliz. B. R. So for this, Thou hast Feloniously Stolen my wood. Croo. 1. part last published. 471. So for this, Thou hast Stolen my wood. Croo. 2. part 166. 138. Hobb. Rep. pl. 258. Loes Case. Bulstr. 1. part. 81. 2. part 81. Styles Rep. 25. So for this, Thou hast Stolen my wood, and I shall charge thee with Felony. Pasche. 38. Eliz. Co. B. Stiles 25. So for this, Thou hast Stolen my wood out of my Baxton. Popham. Rep. 129. Brownl. Rep. 2. Coo. 4. 19 Marsh. Rep. pl. 248. So for this, He hath Stolen a tree formerly cut down, which is Felony, and I will cause him to be indicted for it. Croo. 1. 413. So for this, He is a Thief, and Stole my timber. Huttons Rep. 38. And yet some will not agree to this, but I know not the reasons of their doubt. So for this, Thou hast Stolen as much wood and timber out of thy Landlord's ground, as is worth Twenty Pound. yelverton's Rep. 152. And yet it is doubted whether it will lie for this, A. did Steal my wood, and I will send him to Bridewell. Because of the last words. Styles Rep. 25. But it is said the Action will not lie for this; Thou hast Stolen 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 seems to been clear, that no Action will lie for these words. Nor will it lie for this, Thou hast Stolen my Wood growing in my Coppice. Nor for this, Thou hast Stolen an Acre of my Wood Nor for this, He came in my Wood, and cut down ten load, and Stole it away. It is said to been Actionable to say of one, He hath Stolen a load of hop-poles, Croo. 1. last published. 225. This Action will lie also for this, Thou art a Thief, for thou hast Stolen About Corn. my sheaf of corn. Bulstr. Rep. 1 part 163. So for this, Thou art a Thief, for thou hast Stolen my corn out of my barn. Sect. 8. Styles Rep. 135. So for this, Thou hast Stolen my corn, and made me no satisfaction Huttons Rep. 64, Winches. Rep. 6. So for this; Thou art a Thief, and hast Stolen my corn. Croo. 2. 39 424. Winch. 6. 10. Bulstr. 1. part. 81. Styles 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 lie for this, Thou hast Stolen the corn, or [my corn] out of my barn. Hobb. pl. 258. Popham 129. Brownl. Rep. 2. So for this, Thou hast Stolen 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 published 563. 39 Eliz. Cook's Case B. R. So for this, J. S. hath Stolen so many loads, or [so many bushels] of my corn. Owen's Rep. 57 But it is doubted whether it will lie for this, Thou hast Stolen 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 lie for saying, He hath Stolen my corn, or Stolen away my corn. Trin. 37. Eliz. It is said, that it will not lie for this, Thou art a Thief, and hast Stolen my corn in the field. Winch. Rep. 6. Styles Rep. 66. Croo: 2. 204. Nor for this, Thou art a Thief, and Stolest the corn out of my field. Winch. Rep. 6. Hobb. Rep. pl. 97. 106. 406. 473. And yet some judgements and resolutions seem to been against these Cases. Nor will it lie for this, Thou art a Thief, for thou hast Stolen half an Acre of my corn, nor will an Innuendo corn severed, Innuendo. altar the Case, and make the words Actionable, Croo. 1. part last published 428. Owen's Rep. 57 Hobb. pl. 97. 106. 406. 473. It is said this Action will lie for this, Thou hast Stolen my Furzes out of About Furzes. my Barton. Hobb. Rep. 258. So for this, Thou art a Thief, and hast Stolen my Furze. Popham. 152. But it will not lie for this, Thou art a Thief, and hast Stolen Ten Cart load of my Furzes; unless he say out of my Yard, for otherwise it shall been intended Furzes growing, Huttons Rep. 113. 13. Hobb. Rep. pl. 97, 165. 406. 476. It is said, it will lie for this, Thou art a Thief and hast Stolen a About Fatches. bundle of Fatches. Huttons Rep. 65. It is said, that it will lie for this, Thou hast Stolen Hay from Mr. Bells About Hay & Grass. Racks. Popham. 129. Yet see Winch. 6. So for this, He is a Thief, and hath Stolen my Grass. Styles Rep. 231. It is said it will lie for this, He is a Thief, and hath Stolen my Hops: About Hops. But this is denied by some judges to been Law. Huttons Rep. 38. But it is said that it will not lie for this, Thou art a Thief, for thou hast rob my Hopground. Coo. 4. 17. Nor for this, Thou art a Thief, and it will be proved by the robbing of my Hopground. Coo. 4. 17. 19 It is said it will lie for this, He is a Thief, and hath stolen my Turnips. About Turnips. Styles Rep. 231. It will not lie for this, Thou art a thievish Rogue, and hast stolen About bars of Iron out of Windows. bars of Iron out of other men's windows; and yet if he shall say, Thou didst steal bars of Iron out of such a man's house, these words may be more questionable. Nor will this Action lie for this, He hath stolen 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 stolen ten pound of Lead, it seems this is actionable. Brownl. 2 part 84. It is said it will not lie for saying, He hath stolen the tile off my house. About the tile off a house. So likewise it is said it will not lie for saying, He hath stolen my Tiles. said quere of this last Case, yet see Stiles Rep. 231. Now out of all these Cases, about slanderous words, for stealing of Sect. 9 Corn, Apples, Wood, Trees, Tile, Led, and the like; some of which things as the Tile, Timber, bars of Windows and the like, in a house, the Law doth look upon as parcel of the house. And others, as Trees, 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 than 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 be observed, there is (at least séemingly) much contradiction, the sum of all being put together, seems to be thus much. That it is agreed 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 stolen Corn out of my Barn, or the like, that for these, and such like words as these, the words will be actionable. So likewise where the charge is thus, Thou art a Thief, for thou hast stolen my Apples out of my Orchard, or stolen 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 Trees in an Orchard, nor to cut and take away standing Trees, Wood, Furzes, and the like; or to take away the bars 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 stolen my Apples out of my Orchard, or the like, upon this Case the judges have been divided in their opinions, some of them maintaining that the words subsequent to the actionable words may be 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 explain and qualify; and that when the words are brought in by [And] they are, and shall been cumulative, and an additional slander; as, Thou art a Thief, and hast stolen my Apples out of my Orchard, or the like, that in such Cases the Action shall lie 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 stolen my Apples out of my Orchard. But that it shall be alike in both Cases. Some of the judges also have put a difference between 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 slander by say to him, Take heed what you say, and then he say, Is not he a Thief that hath stolen my Apples out of my Orchard? some think in this Case that the words do not qualify, others think that they have as much force herein as if they had been spoken together at the same time. It behoves men therefore in these Cases, that have need to know the Law, to take good advice herein. It hath been agreed that this Action will lie for these words, Thou maintainest thiefs to steal my goods, Croo. 2. 629. So for this, Thou About the receipt, keeping, and concealment of Felons, and goods stolen. maintainest Pirates to rob upon the Seas. See Croo. 2. 629. So it is said to be adjudged to lie for this, He is a maintainer of Felons, albeit he 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 been, 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 thiefs, thou keepest thiefs, thou keepest thiefs about thee, thou keepest thiefs in thy house, thou maintainest thiefs in thy house. Let me say it with reverence, I cannot receive them as Law, nor see reason for them: for such kinds of speeches have not an import of any foul aspersion, they are ambiguous, why and how a man doth receive and keep such men about him, he may by occasion of business, relation, or other obligation, have cause to keep such men about him, possibly he may not know them to be such; or if he do, it is not against any Law to receive théeves, or stolen goods, unless it be so as to countenance or cover the offence. or keep 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 doubtless, in many Cases, knowingly receive a thief, or the goods stolen by a thief, and justify it by Law; and therefore in 42 Eliz. in the Exchequer Chamber, a judgement upon a Writ of Error was reversed, in the Case of Ball and Bridges; and it was therein agreed by all the justices and Barons, That this Action shall not lie for these words, He is a maintainer of thiefs, and keepeth none but thiefs in his house, and I will prove it, etc. for one may Harbour or keep Traitors. have and maintain théeves in his house, and not know them to be such, and this is no offence. But there the judges did seem to agree all of them in this, that if the words be thus, That he did maintain, and keep such in his house, knowing them to be such, that this would be Actionable. Croo. 1. last published. 746. 888. and it is reported by Goldsb. 48. That in Easter Term, 29 Eliz. Co. B. It was there agreed by the judges, that this Action was maintainable for these words, Thou dost maintain traitors, or, thou dost maintain thiefs, see chap. 6. sect. 1, 2. But that no Action will lie for saying, Thou dost keep thiefs. And that it hath been agreed not to lie for this, He is a receiver of thiefs, Mich. 40. 41 Eliz. Co. B. Nor for this, He kept men that did rob upon the Highway. Hobb. Rep. Nor for this, Thou keepest thiefs, without saying, or knowing them to be such. Goldsb. pl. 7. Nor for this, He hath thiefs in his house. Croo. 2. 331. Nor for this, Thou keepest none but thiefs [or, Cutpurses] in thy house, and hast their goods. Mich. 17. Jac. B. R. Nor for this, Thou keepest men to rob on the Highway. Nor for this, Thou keepest men that rob me, for all this may be unawares to him. Croo. 1. last published. 188. It is said, it will not lie for this, of a man that had lost cloth stolen by unknown persons. A. hath received again his pieces of cloth, and beareth with the thief [Innuendo quendam malefactorem ignotum. Hall versus Hemsy. Trin. 38. Eliz. Noys Rep. 57 Nor for this, He hath three parcels of his cloth again of the thief 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 me; albeit he hath been rob by his men. But if he say, He keepeth men to that intent to rob me, and I was rob 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 me, and he did maintain them. But if he say, that he 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 lie for this, Thou hast hoistred Thiefs, and stolen goods, and the thiefs and goods were found in your house, and the thiefs 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 thiefs to steal my Master's goods. Croo. 2. 629. It will not lie for a Son for these words, A. hath stolen a horse, and his Son is consenting to it. Trin. 14. Jac. Lewkners' Case. Nor for this, I was rob, and A. received part of the goods stolen, and I could hang him for it. Pasche. 7. Jac. Newlins Case. Nor for this, Thou art a favourer of thiefs. Dyer. 75. Nor for this, Thou didst consent to the stealing of my Mare. Croo. 1. last published. 780. Nor for this, Thou art a companion of thiefs. Croo. 1. last published. 554. Nor for this, Thou didst, and dost receive theef-stoln goods, witness a Featherbed tick in thy house, and the cloth which thy man's Suit was made of, and thou knewest they were stolen. Styles Rep. 91. Nor for this, Thou art an arrant Knave, thou hast bought stolen Swine, and a stolen Cow, knowing them to be stolen. Yeluerton. Rep. 5. Nor for this, You have taken stolen goods, knowing them to be stolen. Yeluerton. 5. But it is thought it may lie 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 lie for A. and B. both. Goldsb. Rep. 132. Cutpurse. And yet it is said, it will not lie 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 Money that were therein in thy hand; therefore I charge thee with Felony. Croo. 1. last published. 890. Nor will it lie for saying, Thou art a Knave, and hast received stolen goods, and thou knewest they were stolen. 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 published. 888. So for this, I was rob, and you were privy thereunto, and had part of the money. So it is said, it will lie for this, Thou hast been a setter of Thiefs to rob me. 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 stolen 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 lie for this, I was rob, and A. B. was privy to it, and had part of the money. Godb. Rep. 138. pl. 32. 38. Eliz. Redfords' Case. So it is said, it will lie for this, Thou hast houstred [or received] goods that were stolen, knowing them to be stolen. But it seems these words are not actionable, except it be added, Ex scientia; And that the Action will not lie for saying of a man, He received stolen goods, for he may justify 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 lie for this, A. hath received three pieces of his cloth again of the thief, and beareth with the thief; and if I have any hurt hereafter, I will charge him with it. Croo. 1. part last published. 487. So for this, Thou art a concealer of Felons, and hast showed such favour Concealment of felons and goods stolen. to a horse-stealer, that he 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 slander by, saith, Take heed what you say, And then he saith, Why, is not he a fellow, that knew of the stealing of a horse, and did not reveal it till long after, that it was openly known? yelverton's Rep. 154. So also (as it seems) for this only, Thou art a concealer of Felonies. Pendants Case. Bulstr. 1. part 48. So for this, it is said it will lie, You have bought a Rouen stolen horse, knowing him to be stolen. Godb. Rep. 212. 157. Briggs Case. And it will lie for these words, He is a smotherer and maintainer of Felonies, especially when they be spoken of a Magistrate. Croo. 2. 268. But it will not lie for this, A. hath picked five shillings out of the pocket of B. and her husband was consenting to it. Dromants Case. Yeluerton. Pickpocket. 136. It is said, it will lie for this, A. is a thief, for he hath stolen a Lamb from B. and Geese from C. and killed them in my ground. So for this, He is a thief, for he hath stolen a Lamb from A. and killed it in my ground. Hill. 3. Jac. B. R. So it is thought it may lie for this, Thou hast taken my money, 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 lie for this, He hath no sheets in his house, but what Averment. were stolen for him. But not without this Averment, that he hath shéets in his house. Bulstr. 1. part 141. Sed Quere of this. So for this, it will lie, He stole a Mare, and was in Gaol for it. Hobb. Rep. pl. 196. So for this, Thou hast stolen horses in London. So for this, thou hast Averment. stolen as many horses, as I have fingers and toes. And in these cases there needs no Averment, that horses were stolen in London, or how many fingers and toes he had. So it is said, to lie for this, He is a cunning Knave, and acquainted with more cutpurses, than any man in Northamptonshire, and there is not a purse cut within twenty miles of him, but he hath his part of it. Cutpurse. Bulstr. 1. part 147, 36. 37. Eliz. Butts Case. But in this case it seems there must be an Averment, that there be cutpurses there, otherwise it Averment. will not lie. Popham. Rep. 180. Huttons Rep. 58. This Action will lie for words spoken thus, You are no Thief, 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 Thief? Nelsons Case. Pasche. 15. Jac. B R. Hardwicks Case. 40. Eliz. Co. B. So for this, I will justify that Barns is a Thief. Trin. 9 Jac. B. R. So for this, Have you brought my Horse you have Stolen. Manes Case. Trin. 9 By way of Interrogation. Jac B. R. So for this, Hast thou been at London, to change the money thou didst Steal from me. 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 be a Horse Stealer, albeit he say not he 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, he Stole them. Croo. 1. last published 904. So for this, He 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 be one; and I verily think him to be a Horse-Stealer, Albeit he do not say, He was one of the robbers. Goldsb. Rep. 186. Owen's Rep. 18. Wisdoms Case. So for this, Thou Muttonmonger Thief, bring home my Stolen Hay. Mutton-munger-theef. In Stiles Rep. 70. So for this, He 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, he had been hanged. 43, 44. Eliz. Royal and virtues. Bulstr. 3. 360. So for this, I doubt not, but within two days to Arrest J. S. for suspicion of Felony. Coo. 4. 15. It is said this Action will lie for the words in the Cases following, viz I will prove that thou hast stolen, etc. I will prove that J. S. hath Stolen my Books. So for this, I will bring him before a Justice of Peace, for I will prove that he hath Stolen 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 Thief, and a plotter of thievery, 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 justify that A. B. is accessary to the Burglary for Accessary. which C. D. was hanged. Barns and Hunt's 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, etc. 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 published 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, etc. said, it will not lie for these words, A. was in the Gaol for suspicion of the Stealing of the Beasts of B Goldsb Rep. 130. Humphrey Parloes Case. Yet see Bulstr. 1. part 40. It was the opinion of most of the judges, that it will lie for this, Thou wert in the Gaol for Robbing such a one in the Highway. And it was said to be adjudged for this, Thou wert in the Gaol for Stealing of a Pan. And yet, See Hobb. Rep. pl. 196. It is said to be adjudged not to lie for this, He 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, etc. for stealing, etc. holden, etc. 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, He was arraigned for the stealing of twelve Hogs, and had he not made good friends, it had gone hard with him. So for this, A. was indicted and convicted for the stealing of a Horse, etc. But Averment. in these Cases it seems the Plaintiff must, or it will be safe for him to avert in his Action, that, it is not true which is said, that he was indicted, etc. for if it be true, the words be not actionable. But in this Case let the Defendant see to it, he do not plead not guilty, but justify 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 agreed, not to lie for this, Thou art a false Knave, and waste arraigned for two Bullocks. Nor for this, Thou wast arraigned for stealing of two Bullocks. Croo. 1. part last published. 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 lie for saying, that A. was indicted at such a Sessions for stealing a horse. Nor for this, He was impeached [or accused] for stealing of a horse. Nor for this, He 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 lie. But the Defendant must not plead not guilty, but justify the words, or demur to the Declaration, whether the words been actionable, or not, as his Case is. So for this, Whosoever is the falsest thief, and strongest in the County Averment. of Salop, whatsoever he hath stolen, or done, A. is falser than he. But than it must be averred, that there is some thief 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 lie for this, I can find 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 thief as any in Warwick Goal, with an Averment. Averment, that there is one there. Bulstr. 1. part 40. Yeluerton. 90. Popham. 180. So it is said, it will lie for words thus spoken, Thou art a Thief, and a Words of qualification. slander by saith, Take heed what you say, and then he saith, I will justify he is a thief, for he stole away my evidences. But had they been spoken together, uno halitu, it had been otherwise. But here it shall be taken for an evasion, and so a double slander; and the last words shall increase the damages. yelverton's Rep. 154. 155. It is said that words slanderous about this matter of theft, will be By way of Report. actionable, though they be uttered after this manner. A. saith that B. is a thief; Or A. told me that B. is a thief; Or a woman told me that B. is a thief; Or I have heard A. say, that B. is a Thief; Or I have heard it said that B. is a thief; Or B. is a thief, 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 thiefs 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 Averment it be true, he said it indeed, the defendant may justify the speaking of them. And if he report it is said by another, and can find no author but himself, the Action will lie 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 lie for this, where one man doth charge another Sect. 13. with Felony, and the Constable being present, he saith to him, I charge you to arrest him for Felony. Croo. 1. 201. Styles 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 he is, take him, for I charge him with flat Felony; and then for saying further, He hath taken my Sheep with a felonious intent. Croo. 1. 201. Mich. 23. Car. 1. B. R. Nevil's Case. Styles 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 lie for this, I have served thee with the Queen's Letter, for stealing goods out of my house. Croo. 1. last published. 234. But it is said, it will not lie for this, I fear you will be charged for I fear, or I doubt, you are a thief, etc. theft. Nor for this, I doubt you will be charged for theft. Nor for this, I fear [or I doubt] A. is a thief. 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, etc.] 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 lie for this, A. was charged with a felony, for stealing, etc. Croo. 1. 195. Hobb. Rep. 381. Nor for this, to go to a justice of Peace for a Warrant against A. and there to say to the justice, 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 persuasion. This Action it is said will lie for these words, I verily think J. S. to be a horse-stealer. Goldsb. 186. So for this, I dreamt 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 thief, and two men will justify it. Pasch. 5. Jac. B. R. It is said, it will not lie for these words, I can find 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 agreed, that to call a man Thief, only; will bear an Sect. 14. Action, unless the word be coupled with some other words of qualification, to prove the thing to be no Felony, whereof the speech was intended. Croo. 1. part last published. 857. But this may be qualified by the precedent or subsequent words; and therefore Words of qualification. it is held, that no Action will lie for calling of one Thief, in the Cases hereafter following, that is to say, Thou art a thief, and hast stolen my Maidenhead. Brownl. 2. Nor for this, thou hast rob me, and taken away my evidences, and a subpena. Godb. Rep. 89. Nor for this, thou art a thief, for thou hast cozened my cousin Baldwin of his Land. Huttons Rep. 113. Herbert. against Angel. Mich. 8. Car. 1. Nor for this, thou hast stolen the Lead from off my house, for which thou shalt be hanged. Bulstr. 3. part 265. Nor for this, thou art a thief, for thou hast stolen the Tiles off my house. Bulstr. 3. part 265. Nor for this, thou art a thief, for thou tookest away my upon an Execution, and I will hang thee. Mich. 7 Jac. Wilks Case. And the greater part of the judges seem 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. Yeluerton Rep. 24. Winch. Rep. 113. Brownl. 2. part 3. It is said, that this Action will lie for this, Thou art a Thief, for thou Dung. hast stolen my Dung. Styles Rep. 68 And here we 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 lie 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, etc. 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 itself, 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 lie upon them. And so we 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 loss 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 loss 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 been 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 loss of all a man's goods whatsoever, and also to be whipped, stocked, bound to the good behaviour, or imprisoned at the discretion of the judge. If any therefore shall slanderously charge another with this Crime, or any thing like to it, he may have this Action for his remedy. Therefore this Action will lie for these words, J. S. hath stolen six pence, or J. S. hath stolen 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 he 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 he cannot pay the twenty pound, he is to be put in the Pillory, and his ears to be nailed. 5. Eliz. cap. 5. Therefore it is said, this Action will lie 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. owen's Rep. 62. Croo. 1. 144. 234. Kitch. 173. So this Action will lie 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 proceeding in that Court. Coo. 4. 15. 19 Noys Rep. 34. Croo. 1. 307. But it will not lie for saying, thou art a false man. Nor for this, Thou art forsworn, or thou art a forsworn fellow. Croo. 1. part last published. He is false forsworn. 572. Owen's Rep. 62. Croo. 1. 144. Coo. 4. 15. 19 Nor for this, Thou art a false forsworn Knave. Croo. 1. part last published. 429. Coo. 4. 15. March of Slanders. 2. 13. It will lie for this, I will prove J. S. to be a perjured Knave. Croo. 1. last published. Croo. 1. 209. Croo. 1. last published. 374. 500 Nor for this, Thou hast taken a false Oath. Nor for this, Thou hast forsworn thyself. Coo. 4. 15. Nous Rep. 3. 222. Or thus, I will prove him to be a perjured Knave, or I will bear his charges. Croo. 1. part last published. 429. It is said, it will lie for this, Thou hast taken a false Oath at the Assizes, and art false forsworn. Stiles. Rep. 452. So for this, He hath forsworn himself in the Common Pleas. Huttons Rep. 44. So for this, thou wast forsworn at the Common Pleas Barr. So for this, He is forsworn and perjured in swearing at the Common Pleas Bar; Upon the deeds which he had in his hand. Hill. 34. Eliz. B. R. Crews Cases owen's. Rep. 13. So for this, thou hast taken a false Oath, or thou hast forsworn thyself in the King's 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, He hath forsworn himself in a Court Baron. Huttons Rep. 44. March. 1. part 56. So for this, He is a perjured old Knave in the Court of J. S. Pasche. 40. Eliz. Co. B. Hutchman and Southcots Case. So he 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 agreed; to be out of question; that the Action will lie for these Sect. 2. words, A. was forsworn, in such, or such a Court, as in the Common Pleas, in Hereford Assizes, in the Quarter Sessions of G. or in the Leet of J. S. But some doubt of this, if the words be, that A. was forsworn at such a Court, for this may be in ordinary discourse, and extrajudicially; but others take the Law to be 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 lie for this, He hath forsworn himself, and I'll teach him the price of an oath, for I will have his ears cropped. Hetleys' Rep. 63. So for this, He is falsely forsworn before the Justices of Assize, 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 stand'st Perjured upon Record for denying of thine own hand, and I will prove it. Bulstr. 3. 283. So for this, Thou hast forsworn thyself at London, and there it appeareth upon Record. Croo. 1, part last published 583. So for this, Thou wert forsworn, and I can prove thee forsworn when I will. Bulstr. 1. part 40. So for this, He is Perjured, and I will prove him so by two witnesses, without saying, in what Court he is Perjured. Noys Rep. 61. Owen's Rep. 62. So for this, I will prove thee [or I can prove thee] Perjured. M. 7. Jac. B. R. Robert's Case. So for this, I will prove thee a Perjured knave. yelverton's Rep. 160. So for this, He is a proper witness, he will swear any thing; he hath already forsworn himself in the Chancery, and was committed for it by the Lord keeper. Goldsb. Rep. 444. So for this, said to all witness, presently after he comes out of a Court of Record, wherein he was sworn in a cause, He hath forsworn himself: And yet if it be in a Cause, wherein the speaker of the words is a party; it may not be Actionable. Hugh's Rep. 42. March. 20. See Chap. 2. Sect. 9 Godb. Rep. 445. It will lie for this, Thou Perjured Beast. 18. Jac. B. R. benson's 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 been a witness before a justice 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 show it upon Record. Styles 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 thyself, or [thou hast taken a false oath] in the Leet of J. S. harrison's Case B. R. Noys Rep. 34. So for this, Thou wast forsworn, or [thou tookest a false oath] in the Bishop's Court at Exeter. Hobb. Rep. 346. or in the Court of the Consistory of the Bishop of Exeter. leonard's Rep. 131. So for this, Thou wast forsworn, or [thou tookest a false oath] in the Quarter Sessions at Gloucester. 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 thyself. 39 Eliz. Brooks Case. Croo. 1. part last published 572. So for this, He is a forsworn man, and hath taken a false oath in his deposition at T. where he waged his Law against me. Croo. 2. part 204. So for this, spoken of a man that had preferred Articles against a man Sect. 3. to a justice of Peace, to have the good Behaviour against him, and taken his oath to them; He 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, He was forsworn before the Bishop of S. upon examination by him, by virtue of a commission out of the Chancery. But it is said it will not lie for this, He 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 published 135. Leonard. Rep. 13. Foster and Thorns Case. Or thou hast forsworn thyself in the Court of Requests. Huttons Rep. 34. So for this, Thou art a forsworn knave, and I will prove thee to be forsworn in the Spiritual Court. Croo. 1. part last published. 6. 9 So for this, spoken of one that had taken his oath before a judge upon Articles in the Kings-Bench, He 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 lie 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 published 429. So (as it seems) for this, He was Perjured, and will swear one matter to day, and another matter to morrow. Bendloes Rep. 304. This Action will lie 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, he is a mainsworn and forsworn fellow, or the like. But then they must be spoken in the hearing of some body that doth understand them; but it need not (as it seems) be averred, that it was spoken in the hearing of such a one, nor Averment. that the meaning of the word is forsworn, etc. 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 will lie for this, He hath forsworn himself before the council 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 he Aver that the Court of A. is a Court Baron. Croo. 1. part last published 348. So it will lie for this, He was Perjured in the King's Bench Court. Albeit he were never sworn there. Coo. 1. parr last published 569. But it will not lie for saying, He was forsworn in the King's Bench, for this is doubtful whether to be taken, of the Court, or of the Prison called the King's Bench. 41, 42. Eliz. B. R, This will lie 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 lie for this, He is a proper witness, he will swear any thing. Nor for this, He is a false man. But it will lie for saying, He 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 published. 209. Nor for this, A. hath but one Manor, 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 seems) Thou wert detected of perjury in the Star-chamber. Croo. 1. part last published. 371. It is said it will not lie for this, Thou art a false forsworn Knave; and General words and incertain. Sect. 4. that I will prove, for thou hast forsworn thyself 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 witness. yelverton's Rep. 27. Croo. 1. 209. and yet this seems to be contrary to some of the foregoing Cases, where it is said to be adjudged to lie for saying, A man was forsworn in a Court Baron. Huttons Rep. 44. It is said that it will not lie 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. yelverton's 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 published. 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 Gloucester his Court. Croo. 2. 436. and yet in Croo. 2. 185. it is held to lie for saying of a woman, Thou hast taken a false Oath in the Consistory Court of Exeter. This Action will not lie for these words, Old Apthorp is a perjured General and incertain words. Knave, for he did swear that such wood was worth forty shillings, 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 marvel 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 Rascals, I mean to have their ears cut, and tongues cut out, for here being no Christian name, Non constat de persona. bendlow's 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 speech. 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, than the Action will be maintainable. Cro. 1. 209. March. Rep. pl. 17. Nor will it lie for this, He is detected for perjury in the Star 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 lain for this, He hath delivered an untruth in a material thing in the Star Chamber. Croo. 1. part last published. 583. And yet it is agreed not to lie for this, He hath delivered an untruth in his Answer in the Chancery. 38, 39 Eliz. Brown's Case. Croo. 1. part last published. 375. 500 yet it was said to be agreed to lie for this, He is forsworn in his Answer to Christmers' Bill in the Chancery. Croo. 1. 234. Noys Rep. 36. It hath been held to lie for this, Thou art thrice perjured in thy Answer in Chancery to my Bill. [Innuendo such a Bill, etc.] Croo. 1. last published. 907. This generally is the Rule for these Actions of the Case for this kind of Sects ●. 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, etc. Huttons Rep. 44. It is said it will not lie for this, He hath forsworn himself at the Bar. Huttons Rep. 44. Nor for this, Thou art forsworn in Collet Court, not showing what this Court is, and in what Action it was. Croo. 2. 190. Nor for this, The Plaintiff hath forsworn himself, Innuendo before the Justices of Assize, for the words not actionable, the Innuendo cannot make them actionable. Croo. 1. part last published, 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 witness, she put in an exception into the Court, That he had been perjured, this was admitted lawful, Trin. 15. Jac. B. R. Westovers Case against Davenet. If a Cause be depending between Plaintiff 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 lie 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 lie for this, Thou art not so honest a man as thou For suborning and procuring of Perjury. takest thyself, for thou hast drawn I. S. into Perjury. Croo. 1. part last published. 899. 906. So for this, He is a suborner of perjury. Croo. 1. part last published. 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, etc. leonard's 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 Fox's 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 God's judgement upon him his bowels rotten away, and all this was false. And the Parson not knowing the truth of it, preached against Perjury, and cited this story of God's judgement 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 loss by them; so as they be false, malicious, direct, certain, etc. See for this. Croo. 1. last published. 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 agreed, that this Action will lie for saying of another, Of a Deed. Thou hast forged a Deed. owen's Rep. 47. That he hath forged a Lease, Obligation, Release, Acquittance, Feoffment, or other Deed. Croo. 1. part last published. 554. 607. Owen's 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 published. 553. But it will not lie 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 lie for this, A. hath procured such a Deed (Innuendo, Adjective words. such a Deed given in evidence) to be forged. So for this, He falsely procured such a deed to be 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. Owen's Rep. 47. So for this, Thou hast forged the will of J. S. Pasche. 7. Car. 1. B. R Mackenists Case. So (by one judge) for this, thou hast forged my Fathers will. Popham. 177. But in Winch. Rep. 40. It is said to be adjudged not to lie for this Mallard is a Knave, and forged my Husbands will against his mind. 10. Jac. for than it was not her Husband's will, if it were forged. So for this, The deed which Sir George Reynel shown 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, He hath forged an Obligation, and I will prove it. Croo. 1. last. published. 603. This Action (it is said) will lie for this, Thou hast forged my Father's hand, whereby thou hast received my Rent. Bulstr. 3. 265. But this Action will not lie 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 lie 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 published. 883. So for this, Thou hast sued out a Writ against me, 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 Queen's Writ. yelverton's Rep. 146. So for this, Thou hast forged a Writ of Quare impedit. Croo. 1. part last published. 178. So for this, Thou camest with a counterfeit Commission; when he had a good Commission. Yorks Case. So for this, said of a Warrant on a Latitat that comes under the Sheriff's 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 Licence out of a Court to compound with an Informer, That he forged it. Bulstr. 2. part 136. So for this, Thou hast cozened the state of two thousand pound, and hast foisted in words into the order of composition. Stiles. But this Action will not lie (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. he hath forged this Warrant. Hobb. Rep. pl. 3. Nor will it lie for this, A. shown me a Bill of forty pound [Innuendo such a Bill as White had made him] unsealed, and after he shown 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, he hath forged this Warrant [Innuendo, a Warrant made, etc.] 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, He hath forged a Warrant, for it may be a warrant for a Buck. It was the opinion of some judges, that it may lie for this, thou art a forger of Writings. But of others not. Croo. 1. last published. 553. Nor for this, Thou art a cozening Knave, and show'dst forth a forged Deed. Bulstr. 2. part 132. Nor for this, He 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 lie for saying, He hath forged a Deed. owen's Rep. 47. This Action will not lie for this, He hath made a false Bond. Croo. 1. last published. 607. It is said to be adjudged not to lie for this, Thou art a forger of false Writings. Yet see the contrary before said to be adjudged otherwise. Nor (as it seems) for this, Thou hast made false writings, thereby to get my Land from me. Croo. 1. part lost published. 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 published. 234. Nor for this, He hath made false Records, and verifies them. Stanhops' Case. Nor for this, Thou gettest thy living by false Writs. But here we 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 loss by them, he may have this Action for them. 2 In this Action he need not allege 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, she is by this made liable to such punishment as the judges in discretion shall inflict, and they always inflict, whipping, imprisonment, or the like. 3 That generally this Action will not lie 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 been adjudged, resolved, or ruled by the judges. And it is said by them, that this Action will lie for this, You are a Whore, and have played the whore with so many men, you cannot number them. And that judgement was given in this Case for the Plaintiff without Averment Averment. of any special loss by the words. Styles 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. Styles Rep. 274, 277. So it will lie for this said of one about to be married, She is a Whore, and I will maintain it, and I will spoil her marriage. And it was said, it shall be actionable, albeit she did not lose her marriage by it. Bendloes Rep. 148. Godb. Rep. 273. So it is said it will lie for this, Thou art a Whore, and I will prove thee a Whore, and thou hast made my house a Bawdy-house. William's 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. Styles 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 Whoremaster, and hast had a bastard. Bulstr. 2. part 90. And yet there in his 2. part 89. it is said to been agreed that it will not lie for these words, Thou art a Whore. Nor for these words, Thou art a Whoremaster, or, thou didst lie Sect. 2. with such a woman, or, such a man did lie with thee, except he 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 loss, for they are by Law punishable for this. Coo. 4. 17. So for this, He hath got Mary Nob with child, and the child is his, Averment. and I have tried it with a Sieve, and a pair of Shears; for the first words, although the latter words be insensible. Styles 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 Whore, and I will prove it, and her plying place is in Cheapside, and she gets forty shillings a night by playing the whore. Hills Case, B. R. Stiles Rep. 394. but it seems it was for the last words. So for this, said of a Bastard child whereof A. B. was delivered, He, [Innuendo the Plaintiff] is the reputed Father of the Bastard. Innuendo Averment. the said bastard child; if withal he aver, that he lost a preferment in Marriage by it, or that it was the bastard of one not able to keep it, or that it was some special loss by one way or other to him, and not otherwise. Croo. 1. 113. So for this, Thou art a Whoremaster, and hast lain with Brown's Wife, and hadst to do with her against a chair; if thereby he lose his marriage, etc. Croo. 2. 323. It is said to be adjudged to lie for this, My Wife is a Whore, and she was naught with VV. S. [Innuendo the Plaintiff] and had I had a Averment. candle, I had taken them together doing the deed. With 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 do verily believe 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. Styles Rep. 221. It is said that this Action will not lie for this, Thou art a Whore, 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 published 582. 583. Goldsb. 172. So neither will it lie for this, A. is an arrant Whore, and would have lain with me seven years since, and I would not unless she would go to the hedge. For this is a spiritual slander only. Croo. 1. part last published 582. 587. Nor for this, She is an arrant Whore, and hath had two bastards in Ireland. Sect. 3. Brownl. and Goldsb. Rep. 16. Nor for this, He is the reputed Father of that Bastard's Child, Innuendo, etc. Unless he aver that some temporal loss that came unto him by it, as a loss of marriage, or that it is such a ones Bastard as is not able to keep it, and so he by this is charged to keep 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 hackney whereof J. S. Bodins Case. Nor for this, Thou art a Quean and a thievish 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. Styles Regist. 8. Coo. 4. 18. And yet if these things were true, a man should been punished for them with corporal punishment, as imprisonment, etc. Nor will it lie for this, Thou art a forsworn Whore, and an old Baud. William Read and his Wife's Case. Hill. 15. Jac. B. R. Croo. 462. Nor for this, Thou art Matcombes Hackney, thou art a thieving Whore, and a pocky Whore, etc. Croo. 2. 514. Godb. Rep. 278. Styles Rep. 100 But perhaps these words spoken in London may lie. Nor for this, Away you Pickpocket, thou art a scurvy pocky Whore. Pickpocket Albeit a special loss may been averred by these words. Croo. 2. 499. But it is generally held, that no Action will lie for calling of a woman (be she married or immarried) Quean, Harlot, Whore, common Whore, Adulteress, Pimp, Bawd, base Quean, common Quean, pipperly Quean, or the like. Nor for calling of a man, Whoremaster, common Whoremaster, Whoremunger, Adulterer, Fornicator, Whoreson, 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 seems is Actionable. Styles Rep. 229. 245. Coo. 4. So also may any of the other words been Actionable, if by the speaking of them, he of whom they are spoken have any special damage, as that he looseth his marriage, or a sparsonage, he is like to have: And this he must been 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 agreed, that this Action will lie for any man or woman, (especially For calling one Bawd, or saying he keepeth a Bawdy-house. Sect.. 4. such a one as kéeps an Inn, Alehouse; Tabling-house, a common Victualling-house; for these words; He [or she] keeps a Bawdy house. So for this, He [or she] keeps a house of Baudry. Bulstr. 1. part 138. Coo. 4. 14. 18. Styles Rep. 322. 326. Croo. 1. 189. 166. 239. 255. Croo. 1. part last published 582. Brownl. 1. part 162. Kitch. 173. Noys Rep. 72. 73. etc. 117. March of Slanders 2. part 5. Styles Regist. 8. Croo. 1. part last published 787. And these words are most dangerous to be spoken in London; for, for London. this offence a man may be 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 Bawd, and keeps a Bawdy house. Croo. 1. 286. 350. March. Rep. pl. 249. Hugh's Abridgement. 40. Trin. 16. Car. 1. B. R. Morgan's Case. Trin. 18. Car. 1. B. R. Chambers Case. And to speak such words of one that kéeps a Common house, Inn, etc. Averment. this will bear an Action without Averment of any special loss sustained by the words, but in other Cases it seems to be necessary. And yet it is said in some Books, that the Action will not lie for this, He keeps a Common Bawdy-house. See for these thing. Croo. 1. 168. 189. 239. 288. 27. H. 8. 17. Coo. 4. 17. It seems that this Action will not lie at this day for saying of a man or woman, That he [or she] is a Bawd. And yet in London these words may happily be actionable. Styles Rep. 322. 323. Croo. 1. 168. Noys Rep. 85. 27. H. 8. 14. It is said to have been adjudged to lie for this, Thou art a Whore and a Bawd to thy Daughters, and keepest a Bawdy-house. Styles Rep. 326. Hill. 3. Car. 1. Elsey and harrison's Case. So for this, He is not sit to bear office in such a place, for he keeps a Common Bawdy-house in London. Bulstr. 1. part 138. 27. H. 8. 15. But it is said, it will not lie 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 lie 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 man's Sect. 1. loss of his liberty, or of the enduring of some corporal punishment, Speaking against the book of Common-prayer. for which this Action may lie. And therefore it is held, that this Action will lie for saying of a man, That he spoke against the Book of Common-Prayer, and said it was not fit to be read in the Church, in case where he Averment. can and doth aver in his Action, that he hath any special damage by it, as that by this means he was cited into the Ecclesiastical Court, and there put to trouble and expense, etc. otherwise not. Brownl. 1. part 10. 13. 2. part 100 129. March. Rep. pl. 191. It is said, that this Action may lie for calling of a great man Papist, or For saying of a man, he is a Papist, or hath been at Mass, or hath said Masses, or is a Priest. Recusant; or for saying, that he 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. leonard's Rep. 335. It will not lie therefore against a man for saying of another, That he 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, He is a Mass-Priest, or hath said Mass, or hath heard Mass divers times, may be actionable. And to say of one, that he 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, He hath received a Recusant, without more words is not actionable. Godb. Rep. 106. Croo. 2. 484. This Action will not lie for saying of a man, He 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-days. Sabbath-breaker. Strike in a Church eat flesh Fridays. Godb. pl. 125. March. pl. 191. Nor for this, Thou art a Saboath-breaker. It may happily lie 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 been said, that it will not lie for saying of one, He 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 judge, justice 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 been adjudged to lie for this, Thou maintainest such a Suit. Croo. 1. part last published. 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 Engrosser. Forestaller. Regrator. Engrosser. Common Drunkard. Nor for this, Thou art a common Drunkard, a Drunkard, or a drunken Fellow. And yet some say it may lie 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 seems) will it lie 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 lie for any of the words in the Cases Common Libeler. Slanderer. Quarreller. Breaker of the Peace. Affrayer. Nightwalker. Eavesdropper. Hedge-breaker. Misfeasor. following, viz. for saying, Thou art a common Libeler, or, a common Slanderer, or a common Quarrel, or, a common breaker of the Peace, or, a common Affrayer. Nor for this, Thou art a common Nightwalker; nor for this, Thou art a common Eavesdropper; 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, he is a convicted Barretor; and for saying of a great man, of a judge, justice of Peace, Attorney, or the like Officer, He is a Barretor, or, He is a Common Barretor. But it will not lie 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 published. 171. Kitch. 173. Goldsb. and Brownl. 11. Hobb. Rep. pl. 188. yelverton's Rep. 90. It is said that it will lie for this, He hath been indicted for Barratry, if it were true, he was Indicted, and upon the Indictment acquitted. But had he been found guilty upon the Indictment, than the speaking of the words are justifiable. Styles Rep. 49. But it will not lie 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 lie 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. Styles Rep. 17. Finches Law. 186. Nor will it lie for this, Thou art a Villainous Knave; nor for this Thou art an arrant Knave, Croo. 1. last published, 403. Finches Law. 186. And yet it hath been adjudged to lie for this, Thou art a Pillory-Knave. Remember Brown, thou shouldest have been set on the Pillory. Croo. 1. last published 11. Brown and Dawks and 26. Griffiths Case. Co. B. But in B. R. the Court seemed to been of another opinion. Croo. 1. part last published 31. To have called a man Villain, when villainage was in force, would not Villain. have born Action; unless he had said, Villain to such a man, or Regardant to such a Manor. Finches Law 186. It is said this Action will lie for this, You are a branded Rogue, and Rogue. have held up your hand at the bar, and deserve to be hanged, and shall be 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. Styles Rep. 220. But it is said, that this Action will not lie 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. harrison's Case. Nor will it lie for calling a man Vagabond and a Rogue. Croo. 1. last published. 843. 157. Finches Law. 186. This Action will not lie for all these words spoken together, Thou art Villain. Rogue. Cozener. Bloodsucker. Vermine. False Brother. Liar. Conspirator. Railer. Sower of Discord. Malefactor. Miscreant. Hypocrite. a Villain, Rogue, Cozener, Villainous Knave, and Bloodsucker, Varlet, Rascal, Vermin of the Earth, false Brother, Liar, Conspirator, Railor, Sower of Discord, Malefactor, Miscreant, Hypocrite. And therefore a Fortiori, the Action will not lie 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. leonard's Rep. 335. Nor will it lie 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. harrison's Case. March. Rep. 114, 115. Brownl. 1. part 9 10. 12. leonard's Rep. 335. And now that we are fallen upon some words spiritual, whereof our Common Law taketh no notice to punish, and upon light, passionate, and vain words, not actionable, we 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 merely 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 always 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 lie 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 he or she hath had children by another man, or by another man's wife, or the like. But for this, he is to have his remedy in the Spiritual Court. So if one man call another Heretic, Schismatic, Bastard, Miscreant, Heretic. Schismatic. Miscreant. Advowterer. Fornicator. or the like, no Action will lie for this simply in any of our Temporal Courts, except the Case be such, that there be withal some special damage a cerewed thereby to the party of whom the words are spoken. It hath been therefore adjudged, that this Action will not lie for saying, that he had two Bastards, and should have kept them; and that by reason thereof discord did arise between him and his wife, and they were like to have been 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 we have showed before) they give no Action, as for any of these words, Villain, Rogue, Knave, Bastard, Varlet, Cheater, Cozener, 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 suspicion 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's is given, viz. Thou art a Vermin 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. Yeluerton. Thou deservest hanging. Varlet. Hypocrite. Rep. 90. Goldsb. and Brownl. 11. He doth trade with Pirates. Bulstr. 1. 216. He is a very Varlet, and seeketh to suppress his Brothers will. He makes show of Religion, he is a very Hypocrite. Popham. Rep. 148. That he keeps such Dogs about him, that men's about him cannot go in peace, that his are in every man's ground, and the like. Bulstr. 1. 40. Dyer. 18. So neither will it lie for me for this, My Master hath put me away, because I would not be a Papist, for he will keep no servants but Papists. Croo. 1. last published. 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 loss 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 he is said to have. Some of them are such as may hinder him in a present preferment, that he 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 infection's disease, take these Cases, That if a man be charged or reported to have any such great infectious disease, as for which he 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 infection's disease. he may have his remedy for this wrong by this Action. It is held therefore that this Action will lie for the words in the Cases hereafter fellowing, that is to say. It seems it lieth 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 published 99 But it must been for the first, and not for the last words, and that it will not lie for the words, Pocky Knave. This Action will lie for saying of another, That he hath the French Sect. 3. French-Pox. Pox. But not for this, He hath had the French Pox. Stiles Rep. 64. Noys Rep. 151. And yet it is adjudged to lie for this, of an Innkeeper, A. had the Innkeeper. French-Pox. and hath set it in the house [Innuendo the Plaintiffs house] and W. S. [Innuendo the Plaintiff] 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 lie for this, Thou went'st to the Wells to be 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 aught I know thou hast filled my bed full of the French Pox, and no such Pocky Rogue shall lie with me. Styles Rep. 283. So for this, He hath caught the French-Pox and carried 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. Owen's Rep. 34. So for this, Mrs. Miller is a Whore, and hath had the Pox, and hath holes one may turn one's 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 bottom 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 published 878. So for this, Thou art burnt, and hast the Pox. Croo. 1. last published 2. So for this, Thou art rotten with the Pox. Croo. 1. part last published 648. And such kind of words are then most dangerous, and out of question Actionable when they are spoken of an Inne-kéeper, Vintner, Tabler, Innkeepers. Victuallers. Ale housekéeper, or the like persons, whose life, and livelihood 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 Inn, Alehouse, or the like, when it is not so; for if thereby his Guests forbear to come to him, or he suffer any other damage, he 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, She is a Pocky unwholesome Woman, doth wear a Scarf about her neck to hid her Blanches there: it is a Pocky household, is thought to been Actionable. Mich. 9 Jac. Ludmans' Case. So it is held that this Action will lie for this, He 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 lie for this, Thou art not worthy to come into any honest man's company, thou art a Leprous Knave, and a Leper Thou art a Leper. Coo. 4. 17. So for this, Thou art a Leper. Trin. 4. Jac. B. R. Taylor and Perkins Case. Croo. 2. 144. And for all these words in the precedent Cases, it seems this Action will Averment. Sect. 3. lie; And that (as some say) without any Averment of special loss sustained by them; Sed Quere of this. But these kind of slanderous words also are liable to all or some of the general Rules before named. And therefore they may for the incertainty, doubtfulness, or other matter in the words be rendered unactionable. It hath therefore been adjudged or resolved not to lie for the words in the Cases hereafter following, viz. for this, Thou art a scurvy pocky Whore, unless thereby she have some special loss, by way of Trade, or by way of Marriage. Croo. 2. 498. Nor for this, Hang him, he 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, He hath had the French-Pox, or Plague, for he 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 lain in Fuller's Tub. 37. Eliz. Chapel and Burrows Case. Albeit this Averment be added, that none do lie there but such as have the French-Pox. M. 44. 45. Eliz. Boddin and Jones Case. Nor for this, He hath been in Fuller's Tub (meaning a Surgeon's Tub, wherein none were but such as had the Pox) I will not say of the Pox, but he lay in the Tub that time that Langhams' wife was laid of the Pox, and his hair falls from his head, and he is a peeled 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 thieving and a pocky Whore. [Innuendo, that she 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 lie for saying of a man, He hath the Falling-sickness. Hill. Falling-sickness. 4. Jac. B. R. unless 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 lie for this, to advise a man's friend not to keep company with J. S. because he 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 one's 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 Ancestor, 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 he 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 lie 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, he, or she had a Bastard, or lay with J. S. or J. S. had the use of her body, or the like, and he or she lose the Match thereby; this Action will lie 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 lain For a hindrance in Marriage. Sect. 2. with Brown's 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 Widower, being about a wife, that he had lain with such a woman, and others carnaliter cognovit, and that by this he lost such a match. Croo. 1. 293. So for this, Hath that Bastard A. B. caused you to be arrested? is this all the spite the Bastard can do you? if by reason hereof he lose a match he was about. Croo. 2. 422. It will lie for these words, A. hath had a child, for she was conveyed to B. and there she laid her great belly, it is as true that she hath had a child, as that you sit there; For she was sent away with child, and if she had not a child, she hath made it away. Croo. 1. part 639. For an Heir, to hinder him of Land. If one be Heir to his Father, or Uncle, that hath an Estate of Land, or Goods, which in likelihood he may bestow upon him; or if Land be given to his Grandfather, and the Heirs of his body, and he hath children, the Father and others that may be Heirs to the Entail, though in the second or third degree, and the Land being at sale, he is offered somewhat for his possibility; and after one shall say of him, He is a Bastard, and by this means he loseth it; he may have this Action, and not aver any special loss. Croo. 1. 337. Coo. 4. 13. 14. Coo. 10. 130. Owen's Rep. 32. Yet see Popham. 187. If a Divine be to be presented to a Benefice, and one say of him, He For a Divine to hinder him of a Parsonage. is a Heretic, or a Bastard, or Excommunicate; if thereby the Patron refuse to present him, and he lose his Preferment, this is actionoble. Coo. 4. 16. 17. If one be Heir to his Father, Brother, or other Ancestor, who intendeth For an heir to hinder him of Land. to settle his Land upon him; And another shall say of him, He is a Bastard, and thereupon the Father, Brother, or Ancestor give away the Land from him, this is actionable. Hugh's Rep. 451. Bulstr. 2. part 276. 277. Croo. 2. 213. And this Action, some say, it hath been adjudged will lie, albeit the party have no special loss by the words. N. B. Entries 28. Trin. 25. Eliz. B. R. Godb. Rep. 519. Croo. 1. 337. Coo. 10. 130. Owen's 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, He is an ignorant man, and unfit for the place, and thereby he loseth this place; this Action will lie. March. Rep. pl. 217. sanderson's 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 speeches he loseth it. Agreed. M. 15. Car. B. R. So it lieth for this, He is not worthy to bear office in such a place, for he keeps a Bawdy-house in London; if by this he lose the place he stands for. Bulstr. 1. part 138. It is said, that this Action will not lie for saying of another, he is base born. And yet that perhaps it may lie for saying of another, He is an Alien, if he have any special damage by it. Godb. Rep, 327. 328. This Action will lie, for saying of a Maid, or a Widow that hath a Hindrance of Marriage. Suitor, I know her well enough, she did dwell in Cheapside, a Grocer did get her with child; if by this report the Suitor fall off, and she lose the match. Anne Davis Case. Coo. 4. 16. And there it was resolved, that if he had charged her with bare Incontivency, that this had been actionable, if she had lost her Suitor by it. And for this said in such a Case, A. hath reported that he 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 lie. Dame Morrisons Case. Hill. 4. Jac. B. R. Croo. 2. 103. Jenk. Cent. 8. Case 7. So for this, (as it seems) to say of a woman about Marriage, that she is For a Servant that is hindered of his service. Cozening. mad, if she lose her Marriage by it. Bendloes Rep. 155. So this Action will lie for these words spoken of a servant and Bailiff, to J. S. who doth much trust him, and thereby he had his livelihood. He is a cozening Knave, and hath cozened 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, he is a base cozening Knave, he is a Cheater, and hath cozened his Master, Innuendo the said B. Croo. 1. 406. So for this, said of a Shoemaker's servant, that lives by the Trade under him, He will cut his Master out of doors. But then he must aver, that Averment. by those words in that place is understood, he will undo him. Bulstr. 2. part 146. So this Action will lie for these words spoken of a Widower, who was Hindrance of Marriage. like to have had a good match, He is a sharking fellow, and getteth his living by Deceit, and used himself violiently to his former wife, and denied her necessaries, and is a needy fellow, and his conditions are wicked, and for his Religion, he is a Brownist, etc. If by this he lose his Match. But there it was agreed, that without an Averment of some special loss, the Action will not lie 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 child, and did take Physic to kill her child, and that by this she lost her Suitors. Hetleys' Rep. 18. So for this, Southold hath been in bed with Dorchesters' wife; if by this Southold lose his Match he is about. Croo. 1. 195. So for this, She is a Whore, and her children [Innuendo, the children which she had by B. her late Husband] are Frambishes Bastards, Innuendo Nicholas Frambish; if by this she lose her Marriage. Croo. Rep. 235. And so foe for any such like words spoken, by reason of which a man or woman doth lose his or her preferment in Marriage. Styles Regist. 7. Coo. 4. 16. But this Action will not lie, for saying of a man that is a Suitor to a Widow, Thou didst cozen J. S. of her money, in procuring false witnesses to cozen her; albeit he lose the Widow by the words spoken. Owen's Rep. 47. And for the words in the Cases this Action will lie, 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 kind 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 Cozening. 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 cozening, for which this Action is given; It is therefore held, that this Action will lie for the words in the Cases hereafter following; That is to say, for saying, Thou Captain Greenfield hast received money of the King About Cozening and Deceit. Of a Captain. to buy new Saddles, and hast cozened 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 cozening is dangerous; and therefore it is held actionable, to say of an Inekéeper, There is no man comes to thy house, but thou dost cozen him. Of a Tradesman. Hetleys' Rep. 123. And yet it is said to be adjudged not to lie, for saying of a Butcher's wife, that doth use to sell meat in her Husband's absence, She is a cozening woman, and hath cozened one of her neighbours of four pound, and I will prove it. Huttons Rep. 14. To say of a Brazier, Thou hast cozened me of a Pan, is actionable. Styles Rep. 364. It lieth also for one that hath the oversight of a Gentleman's Farm, Of a Bailiff, or Servant. and sells his Corn, for these words, Thou art a cozening Knave, and thou hast cozened me 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 Bailiff to J. S. who doth much trust him, by which he 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 he got his living, He is a base cozening knave, he 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. Styles Rep. 436. So (as it is thought) for this, said of a Lord of a Manor, Thou art Of the Lord of a Manor. a cozening knave, and keepest cozening courts, to cousin men of their fines. 4. Jac. B. R. So for saying of a Goldsmith, I will prove thee a cozener, for selling me 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 published 787. So this Action will lie 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 he 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 be an Averment of some special damage to the Plaintiff by the words: and in all Cases, if the truth be so, it is best so to set it Averment. forth in the Declaration. But it is held, that this Action will not lie for the words in the Cases hereafter following; that is to say, it will not lie 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 lie (as it is said) for this said of a man that is a suitor to a Widow, Thou didst cousin J. S. of her money in procuring false witnesses to cousin her. Albeit he lose the Widow by these words. Owen's 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 me and my two kinsmen, and art a false knave. 26. Eliz. Kerby and waller's Case Godb. Rep. 284. Nor for this, said of a Mayor, He hath cozened all his brethren, etc. See in March. Rep. pl. 135. B. R. Mayor of Tibbortons' Case. Nor for this, Thou wert a Suitor to a woman in Southwark, and didst cousin her of her goods, and procuredst certain false witnesses to be forged. Croo. 1. last published 99 Nor for this, Thou hast used Juggling with me. Croo. 1. part last published Juggling. 178. Sect. 2. Nor for this, Thy credit hath been called in question, and a Jewry being to pass upon it, thou foistedst a Jewry early in the morning, and thy lands thou hast gotten by lewd practices. Croo. 1. part last published 348. Nor for this, Mr. Crook came unto Cornwell with a blue 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 George's are cozening knaves. Huttons Rep. 14. Nor for this, He is a cozening knave, and hath cozened me of forty pound. Incertainty. Huttons Rep. 14. Nor for this, He is a false knave, and keeps a false debt book; for he In a false debt book. chargeth me with the receipt of one piece 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. Owen's 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 me of five hundred pound. Huttons Rep. 13. Nor for this, Thou art a cozening knave and show'dst forth a forged Deed. Bulst. 1. part 132. By showing a false Deed. Cozened a Town. Nor for this, Thou hast cozened the Town of B. of so much money, albeit he were an Officer and to account. Bulstr. 2. 228. Nor for this, He hath cozened the Earl of H. of as much as he, 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 King's Privy Chamber, or whosoever else he been, He 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 Brother's will to In the suppressing of a Will. deceive others of Legacies. Trin. 17. Jac. B. R. Godfrey's Case. Nor for this, Thou hast cozened me and all my kindred. 18. Eliz. B. R. Nor for this, He hath cozened all the Town of Coventry. Nor for this, He is a very bad fellow, for he 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, He is a cozening knave, for that he hath sold me a chain of Copper, for a chain of Gold, and that he is a cozening knave upon Record. Deceit in trade But if he been a Goldsmith, and got his living by buying and selling of Chains and such wares, there perhaps it may lie. Croo. 3. 171. Croo. 1. last published 171. See more in Chap. 18. Chap. 21. Chap. 22. For all these last Cases of Vnactionable words, this is also to be added; that if it be so that the party of whom they are spoken; sustain any special damage by them, he may perhaps have an Action of the Case upon them; but then he must be sure in his Declaration to Aver it. See March. Averment. of Slanders 1. part 100 This also is to be known herein; that The Slanderous words of this kind, are also liable to the general Rules of other Slanderous words, that is, they must be false, malicious, certain, and the like, or they will not be 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 unskilfulness 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 unskilfulness, or dishonesty and corruption, in, and about their Offices, this Action will lie. It is therefore agreed, that this Action will lie for a Bishop against him Of a Bishop. that shall say of him, He is a Papist, or Recusant; or that he 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 lie also for a judge, justice 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 he is a corrupt Judge; or he is a corrupt Justice of Peace; or he is a corrupt Officer; or he 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, He gave a corrupt sentence in such a cause. Popham. Rep. 35. Popham. 177. Hobb. Rep. 35. So for this, He doth not administer true Justice. Croo. 1. part last published. 358. So for this, He dealeth corruptly. So for this, He is a false Judge, or he is a false Justice of Peace, or he taketh bribes. Coo. 4. 16. Broo. 112. So for this, He is a lewd Justice of Peace. Croo. 1. part last published. 158. So for saying of such a one, He is a Felon, or he is a common Barretor; Felon. Barretor. Champertor. Maintainer of Suits. Extortioner. or he is a common Champertor, or he is a common Maintainer of Suits; or he is an Extortioner, or he 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, He 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, He took forty shillings for a bribe. yelverton's 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 judge [or justice] He covereth and hideth Felonies, and is not worthy to be a Judge [or Justice of Peace. So for this, you cover and hid felonies. Dyer. 72. Stuckleys Case. Pasche. 7. Jac. B. R. Coo. 4. 16. So for this, There is a Nest of Thiefs in Dale, and Sir John Bridges is the maintainer of them. Pophams' Rep. 180. So for this, You, out of malice and spleen 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, He is but a half-eared Justice, he will hear but on the one side. Croo. 1. 162. So for this, He 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 suspicion of felony, and afterwards sent J. D. to give him warning thereof, that he 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 Ambidexter, and you take money on both sides. M. 2. Jac. B. R. Dawtries' Case. So for this, Sir William Buttons men have stolen sheep, and he spoke to me not to prosecute them. Popham. Rep. 180. So for this, He hath been the cause of the overthrow of a hundred men by false and subtle 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 published. 536. So for this, He hath received money of a Thief, 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 judge that had given his sentence in a Cause between the Defendant and another, That the same sentence given by the Plaintiff] Innuendo, etc. was corruptly given. Croo. 1. last. published. 305. So for this, Mr. Gilbert hath done me wrong, in returning the Recognisance of Podger in twenty pound where it was taken in ten pound, and the Sureties in ten pound a piece. Pasche. 4. Jac. Gilberts Case. B. R. So for this, Thou hast forged a Recognisance, taken before Fisher and others. Croo. 1. part last published. 883. So for this, said, where, upon Articles upon Oath before the judge or justice against me, I say, By your means I had wrong at the Sessions, for you caused Hickman to swear against me that which was not true [Innuendo the said Oath. Croo. 2. 308. yelverton's 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 man's. And for saying this further of the justice, He is a debauched man, and not fit to be a Justice of Peace. But it was said, the Action did lie for the first, and not for the last words. Styles Rep. 22. So it seems 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 me. And that for this, A. B. and C. may have this Action. For Matter of Ignorance. This Action will lie, for saying of a judge, justice of Peace, or such like Officer, He hath no skill in his office. Hill. 16. B. R. But this Action will not lie 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, He is a corrupt man. Nor where the discourse is about his Estate, and therein one of them shall say, He is a Bankrupt; Nor where a discourse is about his Words of Qualification. Usury, or his fraud, in an executorship, and therein one of them shall say, He is a corrupt man, or he 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 be spoken without any such references, as in the Case before, they will been Actionable, for they shall been so intended, and taken in the worst part. Hob. Rep. pl. 351. Nor will this Action lie for this, You do openly maintain and countenance the worst people against God's Laws and the Queens. Croo. 1. part last published, 297. This Action also will lie for such an Officer for this, He is not worthy He keeps a Bawdy house. to be in such an Office, for he keeps a common Bawdy-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, He and his Son sought to kill me, and his Son threw a Dagger at me, and run me through the hose twice, and all this by the procurement of the Justice of peace, Croo. 2. 56. yelverton's Rep. 57 But this Action will not lie for this, He is a false Justice, vel his Incertainty similia, Broo. Action of the Case, 112. And it seems it will not lie 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 published, 644. 645. This Action will not lie for a judge, or justice of peace,, or such like Officer, for this. He is a base Rascal, Villain, and by unjust means Sect. 3. doth most villainously take other men's rights from them, and keeps a company of thiefs and traitors to do mischief, and gives them nothing but base blue Liveries, and this all the Country reports. And other good he doth not. And yet two of the judges were for the action in this Case. Croo. 2. part 58. Dyer 75. 158. Nor for this, He hath delivered untruths upon his Oath, in his answer in Chancery, at the suit of I. S. Croo. 1 part last published, 374. Nor for this, He hath but one Manor, and he hath gotten it by swearing and forswearing, Coo. 4. 15. Nor for this, He hath gotten all that he hath by swearing and forswearing, New Book of entries, 4. 22. Nor for this, For my ground in D. he seeks my life, Coo. 4. 15. Nor for this, You have Cozened the Earl of Hertford, of as much Cozening. as I am worth, Bulstr. 1. part, 163. Nor for this, He is a Recusant and a Simonist, etc. Croo. 2. 484. Nor for this, He is a Bloodsucker, and sucketh blood, Croo. 1. last published, 306. 433. Bloodsucker. Nor for this, said in a conference about him, and his Tenants of his Manor, When your Tenant took his Land, you cozened him of his fine, Cozening. and dealt corruptly, and I will make you appear where you dare not show your face, for your base dealing, Trin. 4. Jac. Nor for this, He is an Usurer, Nor for this, He 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, he will take them; And yet this seems to been a foul Charge, Croo. 1. part last published, 306. 433. But in these kinds of Actionable words these things must be observed. 1 That the Plaintif must be sure to set forth, that he was such a judge, justice, or Officer at the time when the words were spoken of him, or the words will not bear Action. 2 That he is not bound to set forth, that he had any special loss 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, malicious, and not liable to qualification, etc. For if the Case be so that they be true, or incertain, or not malicious, 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 be unactionable. Croo. 1. part 97. 162. Bulstr. 1. part, 36. yelverton's Rep. 153. 159. This Action will lie for a Sergeant or Barrister at Law, that doth practise in the Law with words in the Cases hereafter following, spoken For a Sergeant, or a Barrister at Law. of him with reference to his Profession, viz. He 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 he will deceive For his dishonesty. you, Hettleys Rep. 70. yet see the contrary by March. pl. 217. Brownl. 1. part. 11. So for this, He hath been the cause of the overthrow of 100 men, by his subtle means, Yeluerton Rep. 143. March 8. So for this, You are a dishonest man in your profession, Trin. 37. Eliz. So for this, you are a paltry Lawyer, and use to play on both hands, Croo. 2. 267. So for this, He is a paltry fellow, for he doth deal on both sides, and deceive them that put him in trust. Noys Rep. 11. So for this, He hath done falsely with me being his Client, and hath joined with mine Adversary, Stiles Rep. 231. 283. So for this, He is a Bribing knave, and hath twenty pound of J. S Bribing Knave. to cozen me. Brownl. and Golsb. 6. So for this, Go you to him to be of your council, he will deceive you, he was of council with me, and revealed the secrets of my Cause. Trin. 13. Eliz. B. R. Coo. Lib. Entries. 22. So for this alone, He being of my Council, revealed the secrets of my Cause. So for this, He revealed the secrets of his Client's Cause. So for this, You did disclose my Council to mine Advesary. Snags' Case. Trin. 13. Eliz. B. R. So for this, Thou didst disclose my Council, See Croo. 1. part last published. 358. So for this, Thou didst deliver my evidence to mine adversary, see there for it. So for this, He giveth bad Council. So for this, You are a cozening Knave, and shown a counterfeit Cozening Knave. or forged Deed knowing it to be 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 lie for such a man for this, He a Barrister? he is For his unskilfulness. a Barretor and no Barrister, he was put from the Bar, etc. and durst not show 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. Owen's Rep. 17. Godb. Rep. 441. Nor for this, He hath as much Law as a Monkey, etc. March. Rep. pl. 93 Goldsb. 126. pl. 17. Croo. 13. 71. Mich. 36. 37. Eliz. Palmer's Case B. R. Hetleys Rep. 71. So for this, you a Counsellor, a fool, an ass, a hangman, a Counsellor at Law, a fool in the profession. Popham Rep. 207. So for this, he 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, he 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, he a councillor, he is a concealer of the Law. Coxes Case. Trin. 2. Jac. B. R. And yet it is held, the Action will not lie for these words, he is no Scholar, or thou wast never any Scholar, or thou art an ignorant man in general, without reference to his office. Or for this, he is an Ass. Cawdreys' Case. And yet it is said by some to have been adjudged actionable to say of such a man, he is an ignorant man. Trin. 17. Car. 1. B. R. sanderson's Case. But without question it will lie for saying of such a man, he is an ignorant man in the Law. But it will not lie for this, to say, he hath no more Law than J. S. and J. S. is no Lawyer. But it was said by Tanfield judge, it may lie for saying of such a man, For other Cases. He hath the falling Sickness. So it may lie for saying, he giveth bad council. Croo. 1. part last published 403. It will not lie for saying of a Lawyer, and judge of a Corporation Judge. Court, He is a Puritan knave, a Precise knave, a Bribing knave, and I will make him answer for what he hath done. Popham. Rep. 139. Nor for this, You have lost your Client's cause. Hetleys' Rep. 70. Nor for this, you have send a counterfeit, [or a forged] Deed, Mic. 39, 40. Eliz. Nor for this, He mis-enters the name of his Client in his book. Croo. 1. part last published 403. Nor for this, He 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 Bankrupt. March. Rep. 8. But these things must be added for the understanding of all these Cases Sect. 5. also: 1 That he that brings an Action for such words as these, must set forth, that he 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 be any Averment of any special loss by the speaking of them; but if in truth the Case be so, it is best so to set it forth. 3 That for some of the words herein, set forth to be Vnactionable, if the party of whom they are spoken, have any special damage by them, there perhaps an Action may lie for some of these words. 4 That such kind of words as these, are to be regulated by the same general Rules of other Slanderous words, that is, they must be false, malicious, certain, and not liable to qualification by other words spoken with them, and the like, or they will not be Actionable. It is said that this Action will lie for saying of a Sheriff, He is an Extortioner, Of a Sheriff. Extortioner. or that he hath by colour of his office extorted twenty shillings above his due Fees. But it will not lie for saying, to the servant of the present Sheriff, of the last years Sheriff, Your Master must not look to have such huddling and shuffling of matters this year, as he had the last year. Croo. 1. part last published 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 didst serve an Execution for a neighbour of mine, and didst keep the money in thy hands. Croo. 1. part last published 854. This Action will lie 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, He 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 lie for him, for these words, He hath had two Incontinency. children by A. the wife of B. and I will cause him to be deprived for it. Parrots Case 38. 39 Eliz. Noys Rep. 64. Croo 1. part last published 502. And yet it is held, that it will not lie for this, said of him, He is an Adulterer. Nor for this, He is a Whoremaster. Nor for this, He is Drunkard. Swearer. Preach false Doctrine. a Drunkard. Nor for this, He is a common Swearer. Nor for this, He is a Preacher of false Doctrine. Styles 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 lies in the Pulpit. Styles Rep. 363. 364. And if a Preacher have any special damage by any such like words spoken against him, in that Case doubtless he may have this Action for his remedy. To say of a Schoolmaster, Put not your Son to him, for he will come Of a Schoolmaster. Of a Clerk of Assizes. Bribing. away as very a dunce as he went, this Action will lie. Hetleys' Rep. 71. This Action will lie also for a Clerk of Assizes, for saying of him, He hath taken a Bribe of forty shillings. yelverton's Rep. 142. 143. This Action will lie for saying of a Coroner, He is an Extortioner, Of a Coroner. Extortioner. Cozener. and hath, colore officii, Extorted forty shillings. But to say of such a one, He 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 lie for a Town-Clerk, that is an Attorney, and a Of a Townclarke. Bribing. judge in the Mayor's Court, for saying of him, He took forty 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 speech 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 he knew them to be false, Huttons Rep. 123. Nor for this, He 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 carcase 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 lie 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 he hath done it; to say of his Deputy: He came and sat by force of a forged Commission, and he is a Forgery. Scrivener and no Herald. Croo. 1. last published 329. This Action would have lain 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 falsely with him. Sir Miles Fleetwoods' Case. So to have said of an Auditor, He 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 Engrossing of Foedaries, and I will prove that to be cozening; and you are a cozener and live by cozening. Winches. Rep. 40. This Action will lie 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 subtle means. yelverton's Rep. 142. 143. So for this, He hath taken a bribe of forty shillings. yelverton's Rep. 142. Taken Bribes. But it will not lie for saying of a Steward to a great man of his Courts, and one that hath been much trusted by him, He is a notorious liar and couzoner, and hath deceived the Parishioners of H. of five hundred pound, Cozener. and I will teach him to cozen me of my house. Croo. 2. 619. This Action will lie, for saying of a Steward of a Court Léete, and Court Baron, Mr. Carve hath put a presentment into the Jewries Verdict against me 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 lie for an Arbitrator, chosen by consent to end a matter of difference between men, That he is a corrupt man, or that he Of an Arbitrator. dealt corruptly in the making of such an award, or the like, by Williams Justice. But such words spoken to a judge or justice of Peace, will give an Action of an Action. This Action will lie 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 Attorney. words in the Cases hereafter following (that is to say) for this, He is a bribing Knave. Hobb. Rep. pl. 17. Coo. 4. 16. For corruption and dishonesty. So for this, He hath taken a bribe of forty shillings. Yeluerton Rep. 143. 412. Hobb. pl. 17. Golsdb. 6. So for this, He is a bribing Knave, and hath taken twenty pound of Bribing. A. to cozen me. So for this, His credit is fallen, he dealeth on both sides. Noys Rep. 10. Mich. 41. 42. Eliz. Co. B. King's Case. Sect. 7. So for this, He is an Ambidexter. Godb. Rep. 214. Finches Law. 186. So for this, He hath taken money on both sides in Suits. So for this, He takes money on both hands in Suits. So for this, He took money on both sides in a Cause between him and me. M. 2. Jac. Dawtreys' Case. B. R. So for this, He is good Attorney, but he will play on both sides. Brownl. 1. part Croo. 1. part 166. So for this, He is a paltry fellow, his credit doth begin to crack, he doth deal on both sides, and deceive many that trust him. But for the last words only, he doth deal, etc. is the Action grounded. Croo. 1. part last published. 914. Noys Rep. 11. So for this, in the North, He is a Daffidowndilly, which there is an Ambidexter. Hetleys' Rep. 123. So for this, Take heed and follow him well, for he will make you throw your purse over your bosom. Winches. Rep. 40. So for this, He 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 me. Leys Rep. 170. 176. So for this, He hath been the cause of the overthrow of a hundred men, by his subtle means. yelverton's Rep. 142. 143. So for this, He is a false practiser. Pasche. 17. Jac. Moor's Case. So (as some say) for this, He is a false Attorney. So for this, He is a cozening 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 Client's Counsel to his Adversary. Trin. 17. Jac. anderson's Case. So for this, He revealed the secrets of my Cause. So for this, He did deliver my Evidence to my Adversary. So for this, He did disclose my Counsel. Croo. 1. part last published. 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 speech about him as a Usurer, or about an Executorship, and his ill dealing therein, no Action will lie for such words. Coo. 4. 14. Finches Law. 186. Godb. 214 Croo. 1. part 196. It is said, it will not lie for this, He is a forger of Writings, and deserveth Forgery. to lose his ears. Nor for this, He is a forger of Writings, by which he hath cozened fatherless children. Winches. Rep. 90. 91. Quere of these Cases. For they import a very foul charge. But it is said, it will lie for this, Thou hast forged the Will of J. S. Huttons Rep. 29. And yet doubted whether it will lie for this, Thou hast forged Writings, for which thou shouldest lose thy ears. Bulstr. 3. part 265. So for this, He hath forged a Sheriff's Warrant, showing what it was. Brownl. Rep. 4. But it will not lie for this, He made false Writings. Winches. Rep. 40. Nor for this, You were cooped up for forging of Writs. Nor for this, He gets his living by false Writs. Croo. 1. part 195. For this Quere. But this Action will lie for this; If a Suit be between A. Cozening. and B. and B. say to A. Your Attorney is a bribing Knave, and hath twenty pound of you to cozen me. Mich. 1. Jac. B. R. Yardlies' Case. So for this, Thou didst cozen 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, He is a cozener, and cousins his Clients in the Sheriff's Court at London, where he is an Attorney, and was for that cause discharged of that Court. Croo. 1. 190. 192. So for this, Thou art a false cozening Knave, and hast gotten all that thou hast by cozenage, and thou hast cozened all those that have dealt with thee. Croo. 2. 586. So for this, He is a base Rogue, and cheating Knave, and doth maintain himself, his wife and children by cheating. Croo. 1. 171. So for this, He is a cozener, and hath cozened me of twenty shillings. Hetleys' Rep. 123. So for this, Thou art a cozener, and hast delivered cozening Bills. Hetleys' Rep. 123. But it will not lie, for saying, He is a Cheater. Hetleys' Rep. 139. Croo. Cheater. 1. 139. It will lie also for this, Thou art a cozening Knave, and gettest thy Sect. 8. living by extortion, and didst cozen one Pigeon in a Bill of costs of ten pound. But for the last words only, and not for the first words. Croo. 1. part last published. 601. 602. It will not lie for this, spoken to one that is speaking of retaining him, Go not to him, for he will cozen you. Pasche. 18. Jac. Ratcleifs Case. Croo. 1. 29. Nor for this, will it lie (as it is said) Thou art a false cozening Knave, Words of qualification. and hast cozened my two Kinsmen of their Land, and deservest the Pillory. 26. Eliz. B. R. Nor for this, He cozened J. S. out of his Land. Nor for this, Thou hast cozened 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 been doubted whether it will lie for this, He is a base, cheating, cozening Knave, and hath cheated me as never man was cheated. Croo. 1. 112. 367. But these words seem to others clearly to be actionable. So it will lie also for this, He 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, He is a common Champertor, and I will have him turned over the Barr. Hobb. Rep. 183. So for this, He is an Extortioner. Hill. 40. Eliz. B. R. So for this, He 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 lie for saying of him, He is a common Maintainer of Suits. Hobb. Rep. pl. 145. Winch. Rep. 40. Forgery. So it will lie for saying of him, He is a forging Knave. Brownl. 1. part 16. Hetleys' Rep. 140. Soalso it will lie for this, He is a suborning Knave, or he is a suborned Knave. So for this, He is a perjured Knave. Styles Rep. 17. Pains Case. So for this, He 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 he is the falsest Knave in England, and he will cut your throat. Hetleys' Rep. 140. And so it will lie for calling of him Knave only, as hath been adjudged Knave. after a Writ of Error brought. Nichols Case. Styles Regist. 8. 17. Trin. 12. Car. 1. B. R. Yardlies' Case 18. Eliz. 2. B. R. And therefore a fortiori it must lie for saying, he is a cozening, or a forging Knave, or the like. Yet see the whole Court. Co. B. against it. Croo. 1. last published. 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 'tis pity such persons go unhanged. Croo. 1. 166. So for this, said to a Client of the Attorney, I marvel you will employ such a Knave as Nichols is, you will have but disgrace and discredit by employment 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 lie 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 joined 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 picked over the Bar the next Term, and thy ears nailed to the Pillory. Hobb. Rep. pl. 159. Nor will it lie for this, Thou art a Usurer; Nor for this, Thou hast Usurer. plaved the Knave with me 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 Cozener, and wouldst have cozened me. 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 Bar 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 published. 603. Nor for this, I will have him thrown over the Bar the next term. Hobb. Rep. 1. 59 Box and Barnabies Case. Nor for this, He was, or will be picked over the Bar. And yet it is said to lie for this, He was picked over the Bar. This Action will lie 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. Martin's 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 Ass, and so I will prove him. Croo. 1. part last published. 589. Goldsb Rep. 128. Hobb. Rep. pl. 117. So for this, Thou hast no skill in thy office. But it will not lie for saying of him, That he hath no skill in Husbandry, or the like. But it is said, that it hath been doubted whether an Action will lie for these words, said of an Attorney, He is a Knave, and a cozening 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 Green's Suit wilfully, being Attorney for me. See March of Slanders, 1 part 78. But this Case seems to others to be out of doubt Actionable. So it is said by some, that it will not lie for these words, Thou art the dishonestest Attorney in England, and if any be more dishonest than thou, he deserves to be hanged, unless the words be spoken with reference to his office, or practise, and unless there be 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 loss. Averment. 2 That where the words be not Actionable in themselves, yet if the party, of whom they are spoken have any special loss by them, they may perhaps be Actionable. 3 These kinds of slanderous words are to be subject to the Rules laid down in other Cases for other Actionable words, they must be certain, false, malicious, and not subject to qualification, etc. For if the words be true, or not malicious, nor subject to qualification by other words, they may not be Actionable. 4 The Attorney (it seems) is to show in his Suit, that he was an Attorney at the time of the speaking of the words. This Action will lie for saying of a Constable, He 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 Bondman's Case. But it is doubted whether it will lie for this, said of such an Officer, Thou art a bribing Knave, and hast cozened the Parish of W. in Rates Cozening of thirty pound. Hetleys' Rep. 36. This Action will lie for over-séets of the poor of a Parish, for these Of Overseers of the poor. words said of them, viz. of any such Officer, He hath cozened 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 cozened the Parish of forty pound. Styles Rep. 388. Cozening. So it is said to lie for this, Thou dost make Loans, Taxes, or Assessments thyself, and makest five quarters in the year, and dost cheat and cozen the Parish. Styles Rep. 394. Some say it will lie against such an Officer for these words, He hath Cozened the poor of their money, others deny it, but certainly they have the import of a foul aspersion in them. 9 Jac. B. R. It will not lie for saying of such a one, He is a notorious Liar and Cozener, 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 lie for saying of the Churchwardens of a Parish, Of Churchwardens. such like words as these, of one of them, He hath cozened the poor of their Bread; or he hath cozened the poor of their Money. But others oppose this. 9 Jac. B. R. It seems it will lie for this, spoken of such an Officer in relation to his office, That he is a cheating Knave, and hath cozened the Parish of forty pound. Styles Rep. 388. 394. But it will not lie for saying of such an Officer, He is a notorious Liar, and Cozener, and hath deceived the Parishioners of A. of five hundred pound, and I will teach him to cozen me of my house. Croo. 2. 619. This Action will lie 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 will not lie for these words spoken of a Scrivener, Thou art a Rogue, For a Scrivener. Rogue. Cozener. Cutpurse. Of a Measurer, or Surveyor of Land. and a Coney-catching Rogue, a cozening Rogue, a Cutpurse. Croo. 2. 536. Nor for this, He made false writings. Croo. 2. 536. This Action will lie for a Mathematical Measurer, or Surveyor of Land, a Geometrician, or a Mathematician, for any words spoken of him to scandalise 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 cozener 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. London's Case. Croo. 2. 504. It will lie also for a Surveyor or measurer Cozener. of Land, that gets his living by it, for these words said of him, Thou art a cozening and shifting Knave, and a cheating knave. Croo. 2. 504. This Action will lie 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 Moor on horseback with bribes, whereby to defraud Equity, Justice, and good conscience; and Popham took no difference to be, where the Commission is to one, and where to many, and where the Commissioners be named by the Court, and where by the Parties, or either of them, Sir George Moor, and Foster's Case. So likewise for Commissioners that have a Commission to examine witnesses out of the Exchequer. And it is adjudged to lie 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 published. 623. This Action will not lie for the Mayor of a Town, for saying of him, That he hath cozened all the Town. 8 Car. B. R. Mayor of Tivertons Of the Mayor of a Town. Case. This Action will lie for a public Weigher in a Market, Fair, or Town, Of a public Weigher in a Town. that is a public Officer there, for these words, That he hath done corruptly; of that he hath taken bribes to make false Weights, or the like, by Williams Justice. This Action will not lie, for saying of a Bailiff, That he had made no Of a Bailiff. true Account. Bulstr. 2. 218. This Action will lie, 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, he dwelled in Shrewsbury, and setthe Town together by the ears, and so long as he 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 he 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 published. 358. But if one shall say of another (that is an Officer) without any precedent Communication about his Office, Place, Trust, or Profession. That Cozening. Incertainty. he is a cozening and cheating Knave; or that he hath cozened and cheated any man thus, and thus; this is so general and incertain, that no Action will lie for it. March. of Slanders. 1. part 72. 73. Out of all which Cases touching Officers, and such like persons employed as in the Cases before, That he 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 express reference to his office, or place, and employment; for if they be spoken occasionally, about another subject, they may not be actionable. 2 The Plaintiff that sues, must set forth that he was such an Officer at the time of the words spoken, or otherwise regularly the Action will not lie; for it will not be sufficient to say, that he had been such an Officer, etc. But it is not needful 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, etc. 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 seems, the Law, and common practice is otherwise; and it shall be presumed to be a loss, and therefore need not to be averred. Howbeit, it is doubtless the sure and safe way (if the Case will bear it) to allege 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, etc. 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 lieth especially in three 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 justice 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, he must have his remedy by this Action. It is therefore agreed, that this Action will lie, for saying of a Merchant, 1 To disparage the estate. Mercer, Grocer, Shoemaker, Dyer, Weaver, one that doth buy and sell Wool by Retail, a Grazier, 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 Milliner 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 Bankrupt. Noys Rep. 158. Huttons Rep. 49. Bulstr. 1. Bankrupt. part 267. Coo. 4. 19 Styles Rep. 75. Croo. 1. part last published. 268. Or, He is a Bankrupt Knave. Bulstr. 2. part 210. Dyer 72. Croo. 1. part last published. 911. Bulstr. 1. part 110. And yet some have doubted of this. Hutton. Rep. 13. 14. Or, He is a Bankrupt Rogue. Godb. Rep. 152. Croo. 1. 21. Huttons Rep. 52. Or, he is a Bankrupt Scrub. Styles Rep. 75. Or, he is a Bankrupt Slave. Croo. 2. 58. Popham. 184. Hutton. 13. 14. March. of Slanders. 2. part 2. Or, he will be a Bankrupt within two days. Dyer. 72. Coo. 4. 19 And yet it is said, it will not lie for these words spoken to a Tradesman, Thou art a Bankrupt Knave, or a Bankrupt Rogue, where they have relation to something else besides his Trade. Styles Rep. 420. So it is said, that this Action will lie for this, He 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 lie for this, I will prove that he hath been Bankrupt, and hath agreed with his Creditors for a Noble in the pound, and I will prove it. Hill. 3. Jac. B. R. edmond's Case. So for this, I will prove thee a Bankrupt. So for this, I shall prove thee a Bankrupt by such a time. Croo. 1. 193. So for this, He is gone, and dares not show himself for Debt, and he is a Bankrupt for aught that I know. Styles Rep. 130. So for this, He is a Bankrupt, and fled beyond the Sea for money, Trin. 9 Jac. B. R. Trulocks Case. So for this, He is not worth a Groat, he 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. He came a broken Merchant from Dale. But it will not lie for saying, He was a poor man within this seven years, for he may be sufficient now, notwithstanding this. Croo. 1. 123. So it will lie for this, He is a Bankrupt, and not able to pay his Sect. 2. Debts, but will run the Country. Huttons Rep. 46. So for this, He is a Bankrupt, and I will drive him out of the Country. So for this, What art thou? a Bankrupt, and waste a Bankrupt. Croo. 1. part last published. 273. So for this, Thou dost owe more than thou art worth, and art not able to pay thy Debts. Styles Rep. 213. So for this said of a Merchant, or the like. He is broken. Hill. 17. Jac. B. R. Jonson's Case. So for this, He is a poor fellow, and not able to pay eleven shillings in the pound, and not able to pay his debts. Styles Rep. 273. So for this, Thou art a base beggarly Rogue; and not able to pay thy debts. Styles Rep. 217. So to say of such a one as doth merchandise for Lead in any County, and get his living by it, he is a Bankrupt, and beggarly 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 me of two hundred pound. Styles 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 beggar 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 he had any special loss. So for this, said of a Milliner in London, Thou art in a breaking and decayed condition, and I will prove it; and if you question me, I will prove it to your disgrace. Styles Rep. 425. So for this, said of a Merchant, that is to have a Trial at Guildhall, He is broken [Innuendo he is not able to pay for the wares he bought] and I warrant you he dares not be at the Trial at Guildhall. Croo. 2. 562. So for this, said of a Merchant, Thou art a Rogue, and a beggarly fellow, and I shall prove thee a Bankrupt before the next Term. Croo. 1. 171. So for this, said of a Grocer, He is a beggarly fellow, and not able to pay his debts. Croo. 1. 339. Croo. 1. last published. 643. And yet it is said, it will not lie for this, He is a base broken Rascal, and hath broken twice, and I will make him break the third time. But to say, he will break the third time, may be more dangerous. Noys Rep. 77. Bendloes Rep. 170. Nor will this Action lie for saying of an Attorney, Farmer, or other man that is no Merchant, or other Tradesman, that lives by buying and selling, he is a Bankrupt. 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 he will be thy undoing. Nor for this, said of a Tradesman, he is a beggarly fellow. Croo. 1. 171. Nor for this, I will sue out a Commission of Bankerupts against J. S. Nor for this, said to a Woollwinder in London, or elsewhere; Nor of a Tailor, or Fuller, he is a Bankrupt. Popham. 185. Nor for this, Thou art an arrant Knave, for thou hast cozened all Coventry. Cozening. Bulstr. 1. part 162. 163. Nor for this said of a Merchant. This Action will lie for saying of a Shoemaker, He is a Bankrupt, and he did set forth, that he was a Shoemaker, and did use buying and selling of Leather. Croo. 1. part last published. 208. Nor for this said of a Merchant, Doth he own you money? get it quickly, and take heed how you trust him. Croo. 1. part last published. 541. Trin. 36. Eliz. Vaspicks Case. Nor will it lie (as it is said) for this, said of a Dyer, Thou art not worth a great; Albeit he aver, that the speech in the Country where it was spoken, be as much in the sense thereof there, as, thou art a Bankrupt. Pasche. 15. Car. B. R. Axe & Moods Case. For his credit may be good, albeit he be worth nothing. And yet if a man have any special damage by such words, with an Averment of it, he may maintain the Action. Yea, it seems there are some judgements, that the words themselves, Thou art not worth a groat, are actionable. See before. Croo. 1. 193. If one be but a Merchant's Apprentice, and he doth Merchandise for another man, and be called Bankrupt; or if one have been a Merchant, and hath given it over, and a man call him Bankrupt; in either of these Cases the Action will not lie. And yet if in the last Case, he have resumed his Trade again, and then be called so; in this Case the Action will lie. Noys Rep. 33. Bulstr. 1. part 267. This Action will lie for saying of a Merchant, Mercer, Grocer, or any 2 To disparage his honesty. such like Tradesman, That he 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 he doth never use them, nor know of them. March. Rep. pl. 197. Hill. 6. Eliz. Co. B. And yet to say, He keeps false weights and measures, by which he Deceit. doth cozen the Country, it seems, will be actionable. So it will lie 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 lie for this, said of a Merchant, He is a cheating Knave, and hath cheated his Father, by returning twenty pound for wares, etc. Croo. 1. 398. Styles Rep. 388. And yet it hath been said to be resolved not to lie for a Whéelwright, for these words said to him, Thou art a Cozener, and hast cozened me of a pair of Wheels. Hetleys' Rep. 123. This Action will lie for saying of a Goldsmith, and one that gets his living Cozening. by buying and selling of Chains, and the like wares, Thou art a cozening Knave, for thou hast sold me a Saphyr for a Diamond. Croo. 3. 171. Hill. 32. Eliz. B. R. But it will not lie for saying these words of a Tailor, He is a cozening Knave, for he hath sold me a Chain for Gold, that is but Copper, and he is a cozening Knave upon Record, and hath been imprisoned for cozening. Croo. 2. 171. March. of Slanders. 2. part 2. So it will lie 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 Cozening. a false bushel, by which he doth cozen and cheat the poor, and that by this he lost his custom, etc. 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, he selleth naughty Bread, is actionable, if the party of whom it is said hath any loss by it. Mich. 15. Car. 1. B. R. So to say of a Brewer, My Mare doth piss as good Beer as he doth brew; this is said to be actionable, if he suffer any loss 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 lie for these words, said of a Merchant, He is a cozening Knave, March. 8. 9 and yet if it be spoken with reference to his Cozening. trade, it is questionable. Palche. 15. Car. B. R. Nor for this, He came to D. with a blue Coat on his back, but hath now gotten much wealth by trading with Pirates, cozening in the trade of Pilchars', and by extortion. Bulstr. 2. part 216. Nor for this, said of an Alderman and Merchant, He is a false Knave, and keepeth a false Debt-book, and chargeth me with the receipt of a piece of Velvit, which is false. Croo. 1. part last published. 403. Hill 37 Eliz. B. R. Brooks Case. If I have a Bailiff 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 deceit herein, whiles he is in the office and employment, he may Servant to deceive his Master. have this Action, but not after he is out of the employment. Hobb. Rep. pl. 9 Winches-Rep. 40. March Rep. 190. 197. This Action will lie for any servant that shall be by such words Servant. charged to cozen or deceive his Master; as to say, A. doth defraud [cousin, or cheat] his Master, and will undo him. If the servant have any special loss by it. Pasche. 15 Car. 1. B. R. March of Slanders. 1. part 99 This Action will lie for saying of an Inne-kéeper, No man cometh to Innkeeper, Alehousekeeper, etc. his house but he couzeneth him. Hetleys' Rep. 123. And yet it is said to be adjudged not to lie for these words, spoken of a Butcher's Wife, who doth use to sell meat in her Husband's absence. That she is a cozening Woman, and hath cozened one of her Neighbours Cozening. of four pound, and I will prove it. Huttons Rep. 14. So for this, said of a Copartner in Trade, You are a cozening Knave, and did cozen me of one thousand two hundred pound at one time, and that was in making an Account in the year one thousand six hundred forty eight. Styles Rep. 388. So for this, said of a Brazier, Thou hast cozened me in a Pan. Stiles Rep. 364. Pasche. 7. Jac. B. R. And so by the same reason it seems it will lie against any man, that shall charge any other Tradesman with cozening another in his Trade. This Action will not lie for saying of a Merchant, He is a very Varlet, Varlet. Hypocrite. and seeks to suppress his brother's will, he makes a show of Religion, he 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 do not refer to his trade. Croo. 1. 301. Brownl. 1. part 4. 16. Nor for saying of any Tradesman in London, Thou art a Cheater, and hast cheated I. S. of five hundred pounds, unless it be spoken of, and applied to a cheating in his Trade. Croo. 1. 101. Nor for this said of any Tradesman, He hath deceived me in a reckoning for Wares, and his Debt-book which he 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 published. 403. But to say of him, He deceives men by buying and selling, may be actionable. Winches. Rep. 40. Nor will this Action lie 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 Cozener. Croo. 2. 204. This Action will lie for this, said of a Tradesman, to one that is about to place his Son with him, Put not your Son to him, for he will starve him to death. Hetleys' Rep. 71. So for this, said of a Tailor, and freeman of a City, He hath cheated in his Trade. Ireland's Case, Trin. 15 Car. 1. B. R. Hetleys Rep. 123. This Action will lie for saying of some Tradesmen, They have no 3 To disparage the skill. Sect. 5. skill or understanding in their Trades, as to say of a Tailor, Carpenter, or such like tradesman, He hath no skill in his trade, it seemeth clearly to be actionable. But this said of a Mercer, or some such like Tradesman, 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 he doth not make good bread; or of a Brewer. He cannot, or doth not brew good Drink, and the like, this must needs be Actionable; so to say of such a Trade-sman, He 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 be actionable, for he may have enough at this time. Croo. 1. 231. If one shall say of an Inne-kéeper, Victualling man, or such like man 4 Or otherwise to prejudice him of whom they are spoken. Innkeeper, etc. Infectious disease. Averment. or woman, that keepeth a common house, That he [or she] hath in his, [or her] house, any great or infectious Disease, as the Plague, Pox, or the like, and thereby he or she lose their Guests, or suffer any special damage, they may have this Action, otherwise not; and yet it seems the Action is maintainable without Averment of any special loss. Coo. 4. 14. 17. Pophams' Rep. 36. So to say of such a woman, Inne-kéeper, etc. She is a pocky Drab, doth wear a Scarf to hid her blanches in her neck, it is a pocky household; it seems is actionable. Trin. 9 Jac. Ludmans' Case. Styles Rep. 112. Hetleys' Rep. 70. But this Action will not lie for such words spoken of another that is no Inne-kéeper, That pocky Drab doth wear a Scarf about her neck to hid her blanches, I will not eat with her for ten pound. And yet it there be speech of the French Pox, and therein the words be spoken, they may be the more dangerous. So it will lie 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. Hugh's Rep. 40. So to say of an Inne-holder, That he hath buried divers in his Garden, that died in his house of the Plague. Regist. orig. 173. But this Action will not lie, 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 published. 403. Varlet. Nor for this, Thou art a branded Rogue, and a Rogue by the Statute. Branded Rogue Croo. 2. 204. This Action will lie for saying of a Physician in reference to his Of a Physicia or Dhirurgion. profession, He is a Mountebank, a base fellow, and an Empiric. Hugh's Rep. 441. Pasche. 12, Car. B. R. So for saying, He hath no learning nor skill in Physic, 7, & 8. Car. Sect. 6. B. R. So for this, He is a drunken fellow, a fool, and an ass, 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, Go not to such a one for Chyturgery, for he hath no skill in Surgery. Hetleys' Rep 70. So it seems to lie for this, spoken of a Chirurgeon, 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 Physic, 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 be averred the Doctors never found it so. Croo. 1. part last published. 620. This Action will lie 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, we have said of these last kind of Slanders, we must Sect. 7. add these things. 1 That he that brings an Action for this Slander, he must in his Action brought, set forth himself to been a Merchant, Mercer, Baker, or of some one Trade or other in certain; and it will not been sufficient for him to say he was a Tradesman in general, for no other man can have this Action, Stiles Rep. 420. 426. 2 That he must set forth, that he is a common Tradesman, as a common Baker, or the like, and not a Baker for a time only. Huttons Rep. 49. 3 That he must set forth, he 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 he was so at the time was held good. Croo. 1. part last published 273. Bulstr. 1. part 36. 4 That a man may not justify the calling of another Bankrupt, because he was once a Bankrupt, unless he be a Bankrupt at the time he calls him so. Croo. 2. 578. Coo. 4. 17. 18. 5 That the words been spoken with reference to the Trade, or that be general and relative words to the Trade, that must been so understood, as Bankrupt, or the like, for being spoken of another thing, they will not been 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 loss by them, the words may happily bear an Action. 6 That in Cases of words Actionable, there must been (as some say) in the Declaration an Averment of some special loss, that the party of Averment. whom the words are spoken, hath sustained by them: But it seems the Law, and the Common practice (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 kind of words as these, is to be subjected to the general Rules of other Actions for Slanderous words, viz. they must be false, malicious, certain, etc. For if they be true, or not malicious, or subject to such a Qualification by other words, as they may possibly be, they will not be 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 purposely and maliciously, conspire and labour together falsely, and unjustly, What it is Sect. 1. without any ground at all, to indict another for some Treason, Felony, or other offence; and after he which is so Indicted, is upon that Indictment after a lawful trial, purged and acquitted; in this Case, and for this wrong, as he may have other remedy, so he 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 agreement, or combination between others, to vex and molest me in any vexations Suit whatsoever; in which Case the Law gives me a remedy by this Action, to which we may happily say more hereafter. It two, or more, do falsely, and maliciously, Conspire to indict, or appeal Where, and in what Case this Action will lie for a Conspiracy, or not. And how. another of any offence against any Law, as Treason, Felony, Barratry, or the like; and after he that is so indicted is acquitted, this writ lies for him. Coo 5. 56. F. N. B. 114. Bendloes Rep. 152. yelverton's 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 befall him, by reason of the preferring of the Bill of Indictment against him. Styles Rep. 10. 11. Croo. 1. part last published 564. 724. 725. But for the opening of this point, these things are to be known, that in all Cases where this Writ of Conspiracy shall been maintainable, there must be these things in the Case. 1 This lieth 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 lie for an Indictment of Trespass. Styles Rep. 157. 424. 2 There must be two or more in the Plot, for the Writ of Conspiracy will not lie 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 be 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 he is discharged also. F. N. B. 114. 116. 18. Ed. 1. Broo. Consp. 21 Bendloes 138. But if the Writ be brought against two, and one of them doth bar the Plaintiff by a Demur 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 he may perhaps refuse to answer without the other; Or if all the Conspirators but one be dead; there the Writ may be 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 lie 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 Star-chamber) yet it is not punishable by our Law. And therefore this Action will not lie 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 lie 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 justices of Peace, or jurors, sworn to present such offences, or witnesses called to testify 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 he doth discover, and this be without any malice precedent, no Action will lie for this. So, if one come into a Court, and by the command of all, or one of the justices, draw, or procure to be drawn an Indictment; or if, being bound to prosecute, he do so, and cause an Indictment, etc. Or if he be bound to give in evidence, and he do so; or he 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 lie 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 juror, or witness that comes into a Court to be sworn. Coo. 9 55. And if a Witness, or juror had conspired out of Court, and the Witness had sworn, or the juror 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 judge, or justice of Peace. But neither judge, nor jury, nor Witness, will be 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 justice of Peace of it, and thereupon, he that doth complain, is bound over to prosecute (which is the ordinary course) and thereupon he doth prefer an Indictment, and prosecute, etc. this is not actionable. Croo. 2. 32. 130. 191. Bulstr. 1. part 150. 5 The proceeding, 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 suspicion of that person, more than another, either by the common fame, or otherwise; as where a man is rob, and the next Village, upon Hue and Cry, doth make pursuit, and take a man whom they have in suspicion, and thereupon the party rob, 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 find out the murder; and then enquiring of the first finders of the body, they present, that J. S. killed him, and thereupon he is indicted, and acquitted; these proceed 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 judged by Circumstances, as his manner of prosecution, speeches, and the like; and a jury 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 published. 724. 6 It hath been held by some judges, 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 he is accused, and for which he is prosecuted, that this Writ will not lie. By the two Chief Justices, and Lord Chancellor. Sed Quere, if this may not admit of some exception. Huttons Rep. 73. If one be rob, by persons unknown, and one of the Thiefs 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 lie for it. So where the Daughter complained to the Father, she was ravished by J. S. but was not so, and thereupon he 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 justify it, albeit the party accused be innocent, and the thing false. But if there be no probabilities in the Case, or the justice, in his examination, find no cause to bind over, and yet he 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 he did kill the man, but that the kill was per infortunium, or se defendendo, in this case the Writ will not lie. 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 jury after an Indictment found by the Grand jury; or if he bring an Appeal, be nonsuit, or the like. And therefore if the Acquital be by a general, or particular pardon; or he is discharged for the insufficiency of the Indictment, and no judgement 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 lie. Croo. 2. 131. Bendloes Rep. 152. yelverton's 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, he is to plead it, and the justices 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 Trespass only, no Action will lie for this. Styles Rep. 157. 9 This Action may lie, for procuring one to be indicted, although the party himself do it not, for one may exhibit a Bill to the Grand jury without oath. Styles Rep. 10 To encourage one that is rob 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 he shall so do, he knows there was no Robbery done, it is dangerous. Goldsb. and Brownl. 9 11 The judictment must be preferred before the judge that hath power to take it, or else no Action will lie for it. Croo. 1. part last published. 125. But upon all this, there may seem to arise a Question; If in any Case where the party prosecuted is guilty of the offence for which he is prosecuted, be there never so much of malice in it. Whether for this, this Action may lie, or not against the Prosecutor? If the offence about which the Prosecution is, be Treason, or Felony, it should seem 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 Barratry, 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 practice, 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 lie 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 lie for it; so that if one man only do falsely and maliciously cause another to be indicted for Felony, Barratry, 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 Peascod. 41. 42. Eliz Co. B. Sheringtons Case. Croo. 2. 193. 32. Bulstr. 3. part 331. Croo. 1. part 123. Croo. 1. part last published. 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 lie upon a plot, or purpose only. And yet it is not needful 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 justices, examined, or imprisoned for a Felony, and he be never indicted for the Felony; it seems that for this only without more, this Action will lie 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 lie for this. And therefore it is held, That no Action will lie for prosecuting another in a legal way and course of justice; as for giving of evidence in any Court against an offender, or for petitioning of a judge 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 need to set forth in his Writ, that he was legittimo modo acquietatus, as he 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, he 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. Hugh's page 52. Where it is said, that this Action will not lie, no more than the Writ of Conspiracy, unless he show in his Declaration, that he was upon a Trial legittimo modo acquietatus. But the contrary hereof seems to be the Law herein. Croo. 1. 197. 201. Coo. 9 55. And in 3. Jac. B. R. Markam and Peascods Case. It is said to be agreed, that a Writ of Conspiracy will not lie, 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 he is legittimo modo acquietatus, by the not prosecution. Goldsb. 51. Hugh's Rep. 54. Croo. 1. 223. 4 But in this Case, there need not be, as there must be 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 lie against one only. Godb. Rep. 76. Croo. 1. 173. 5 It may, out of this, appear to be 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 relief herein. It will be a good Plea in Bar of this Action, to Plead an accord with Execution, between the parties. 21. H. 6. 28. What shall be said a good plea in Barr●, in this Action. Sect. 5. So to show that the judictment, upon which the acquittal was, was erroneous, 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 show any of the things before set down, that it was done by compulsion, in pursuance of their oath, as judges, jurors, and the like. 20. H. 6. 5. Croo. 1. part last published 724. 725. So that one hath had his goods stolen, and found them in the Plaintiffs possession, and that he had other causes to suspect him, complained to a justice, 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 be his wisdom to plead it specially, and not to plead, not guilty. leonard's Rep. 107. But it is no good plea to say, that the Plaintiff was guilty of the Felony whereof he 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 be indicted for the Ravishment of his Daughter, and the Defendant (her Father) shown that his Daughter complained of it to him, and he to the justice of Peace, who bond the one to appear, and the other to prosecute at the Gaol-delivery, where he preferred a Bill of Indictment, and gave evidence, etc. 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 been maintainable. Croo. 2. 193. Cox versus Wirral. The like Case is, Croo. 1. 130. Markams' Case. And the like in Bulstr. 2. part 286. Case 2. 2 Doggatee verse. Lawry. B. R. Croo. 2. part 190. This general Action of the Case, was brought against the Defendant, for, that he did falsely, and maliciously accuse the Plaintiff of a Felony, and caused him to be brought before a justice of Peace, and procured him to bind the Plaintiff, to appear at the Gaol-delivery, and there put in a Bill of Indictment against him, which was found not true, etc. The Defendant pleaded, that he had Sheep stolen, and miss others, which were found in the Plaintiffs possession, going with twelve Sheep that were stolen, etc. And the jewry upon the trial, found him guilty, and he had judgement, and could not get it stayed, because the Declaration laid to be false and malicious, and the jewry found it also to be 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 be examined before a justice 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 he was acquitted, and he averred that he 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 leonard's Rep. pl. 146. s. 107. An Action of the Case of this nature was brought by Joan Jerome against Knight, and she declared, that Knight had maliciously caused the Plaintiff to be Indicted of Felony, and to be Arraigned upon it, and that she was legittimo modo acquietatus, etc. 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 justices commanded her, to cause an Indictment to be drawn; and the Plaintiff had judgement 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. etc. falsely and maliciously accused him of Treason, caused him to be apprehended, brought to a justice, to be committed to Gaol, Indicted, and falsely and maliciously affirmed it to be true; and not guilty was pleaded, and verdict given for the Plaintiff, and judgement 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 verse. 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 be arrested for Felony: and for these words, and this work; it was adjudged the Action of the Case did lie. 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 he ex malitia of the Plaintiffs wife, crimen feloniae imposuit, caused her to been brought before a justice, there charged her with Felony, required that she might be bound over to the Assizes, which she was forced to do, etc. and this was found for the Plaintiff, and had damages and judgement, etc. 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 jewry, 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 lie, 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 justices 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 justices, and the Lord Chancellor, and the chief Baron, That when the Grand jury 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, etc. for suffering a Prisoner to escape that was convicted, and judgement was given for the Plaintiff, for this is more than trespass, 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 he 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 he prosecuted him for it; in this Case it was adjudged for the Plaintiff, for that the prosecution was not upon the Defendants own, but upon another man's suspicion, and his prosecution, and the justification thereof must be upon good probabilities, and not upon the suspicion of others. Bulstr. 1. part 149. See Coo. 9 26. Pasche. 9 Case 13. Car. B. R. Case 13. 13 The Action was for that Falso & malitiose, he spoke these words of the Plaintiff, He committed Felony, and procured him to be Arrested and Imprisoned for three days, and had Judgement after a Plea by Verdict, etc. Croo. 1. 223. CHAP. XXIII. Of Plead in Actions of the Case for words. AS to the Plead in all Actions of the Case for words, this is first to been known. Of the Declaration to maintain this Action, and what is requisite therein. 1 That the plead 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 see the contrary in Styles Rep. 59 2 That if it be, dixit the words, and [de Querente] is left out, it is good. Styles Rep. 69. Bendloes Rep. 143. if there be 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. etc. part 4. 3 That where these words [in Auditu cum plurimorum ligeorum,] etc. 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 avoid the Action for that time, if he 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 published, 486, 487. 5 If a man sue, and declare of the loss 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, etc. Bulstr. 1. part 276. 6 If the Declaration set forth, that he spoke 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 Mistress Shelly, hath murdered Adam's his Child [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 poisoned I. S. Modo defuncto, which refers to the time of the Count, this is not good, for he is to aver 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, He verba, etc. without saying, that there was any speech of the Plaintiff, or any Innuendo, etc. it seems good enough. Croo. 2. 230. 241. 9 To say in the Count, Palam & publice promulgavit, is good without in presentia & auditu, etc. Croo. 1. part last published. 861. 10 It matters not whether the Plaintiff do 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 been sure of, for a little variance may mar 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 ways, 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 jury do assess 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 published. 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, etc. and this was ruled good. Styles Rep. 298. 13 That where the Declaration is laid thus, that the Defendant said of the Plaintiff, Thy Father is a Thief [Innuendo the Plaintiff] that this is not good, unless he allege it to be said to be spoken to the Son of the Plaintiff, etc. 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, He is a Thief, in this case B. may say in his Count, that they had speech of him, and one of them said, He [Innuendo] the Plaintiff, is a Thief. Or to declare the matter, or sense of the words themselves, which were certainly expressed before, thus, A. and B. speaking of C. A. said, that B. was a Traitor, to whom B. said, that he was so too: In this case, if A. bring Action for these words, he may show in the Declaration, that there was a speech between 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 he [Innuendo the Plaintiff] was so too. In both these cases it is good. M. 20. Jac. B. R. Croo. 1. last published. 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 itself 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, He did burn my Barn; he cannot by an Innuendo a Barn full of Corn, make the words actionable. So where the words are, He is forsworn, by adding Innuendo in a Court of Record. So where the words are, he hath the Pox, by adding, Innuendo the French-Pox. So where the words are, he took my money from me with a strong hand, Innuendo Feloniously. So where the words are, the servant of J. S. (who hath many servants) is a Thief, [Innuendo his servant J. S. So, one near 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. Owen's 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 published. 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 he 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 rob my Son, or stolen my Horse; there will not need an Averment, that he had a Son, or that he was rob, or that he 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 endanger his life, liberty, or member, there need not to be an Averment of any special loss by them; And therefore, for calling of one Traitor, Thief, or the like, there will not need an Averment of any loss 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 man's 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 he or she loseth a Match, Office, Service, or Preferment, he or she stands for, and is like to have, there must be an Averment of a special loss by it to maintain the Action, and warrant the Declaration Pasche. 5. Car. B. R. Axes Case. Trin. 17. Car. 1. Co. B. sanderson's 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 loss. 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 been 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 me that D. the Ostler, and he stole such a man's horses, he must avert that A. B. did tell him so, otherwise if A. B. did not tell him so, the Action will not lie. 42. Eliz. Co. B. Mowl. versus Skebington. Lord Lumleys' Case. 10. Eliz. March. of Slanders. 2. part 13. 6 The Brother of the Defendant spoke these words to the Plaintiff, Thou Thief, thou Gaol-whelp, etc. And after this the Defendant said, That which my Brother spoke is true, I will justify it. In this case it was agreed, that there must be an Averment, that he had notice of his Brother's 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 needs no averment what the sense thereof is in the Country where they are used, but it may be proved by witness 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. Styles Rep. 263. Pasche. 7. Jac. B. R Coo. 4. 25. 9 That if the Action be brought, for saying of the Plaintiff, He was in the Gaol at S. for robbing, etc. it need not be averred, that he 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, He that dwells in the next house to J. S. one R. L. did rob me; he that sues upon this, must aver, he dwells in the next house to J. S. Pasche. 7. Jac. Clerks Case. B. R. So if it be for these words, Pritchards' man rob me, he must aver he 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 maintenance of it, in such Cases the Action is not maintainable, unless that thing be expressly averred to be, or not to be, as the Case requireth. As if it be brought for this, Whosoever is he, that is the falsest Thief, and the strongest in the County of Salop, whatsoever he hath stolen, or whatsoever he hath done, Thomas Haselwood is falser than he. 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 he is as very a Thief, as any is in England; that in this Case it is held that there must be an Averment, that there is such a Thief 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 he sue his Father, he must aver he is his Son. Mich. 14. Car. B. R. It will be the wisdom therefore of a Plaintiff in his Declaration, not Caution. to omit any thing this way, for to aver any thing needless cannot hurt. But not to aver any thing needful 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 showing of the particulars of the Bill. Coo. 4. 14. 13. Where the Declaration is for this, Thou art a Thief, for thou stolest my Son's goods, it needs not be averred that he had goods. 38. Eliz. Co. B. Eslin and Moors Case. 14 Where the Count is for this, I will justify that Barnes is accessary to the Burglary for which C. D. was hanged; there needs no Averment, that he was hanged for such a Burglary. Trin. 9 Jac. B. R. Barnes Case. If the Action be brought for this charge, He stole the Horse of J. S. it need not be averred he had a Horse. If for this, He killed his Master's Cook, it need not be averred, that his Master had a Cook. Bridgman Rep. 60. 15 Where the Count is for this, My Master. B. hath rob me of all my goods; it need not be averred, that he was his servant. M. 15. Jac. B. R. Browne and Low. So where the Count, is, for saying, Pritchards' man rob him; it seems it must be averred, that he was Pritchards man. 16 If the Plaintiff declare, that there was a conference between the Defendant, and one R. and he said, Your Master E. (meaning the Plaintiff) is a forger of Deeds; he must aver, or it must expressly appear. that R. when he spoke the words, was his servant. Brownl. and Goldsb. 10. 17 That it will lie for these words, Thou didst kill thy Master's 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 Thief thy Son [Innuendo the Plaintiff] he 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 justice of Peace, or Officer, that the Plaintiff is to aver in his Count, that he was a justice, 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 he hath been of the Trade for divers years past; and that this will be sufficient. yelverton's Rep. 21. 153. 158. 19 If the words be, Thou art a The●f, and hast stolen more goods, than I am worth; here needs no Averment of his worth. Bulstr. 2. part 141. So where the words be, Thou hast stolen more horses, than I have fingers and toes; there needs none, of his fingers and toes. Bulstr. 2. part 141. 20 If the words be thus, He hath no sheets in his house, but what were stolen for him; there must be an Averment, that he hath shéets in his house, or the Action will not lie. 42. Eliz. B. R. Bulstr. 2. part 141. As to this, the Plea in Bar, these things are to be known. 1 That the pleading of the Defendant, or the verdict of a jury, 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, quoth in presentia diversorum, etc. dixit de prefat. querent. haec verba Anglicana, viz. thy Father [predict. querent. Innuendo] is a Thief, for he stole my Sheep; the Defendant doth justify, and it is found for the Plaintiff; no judgement 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 he spoke them, and traverse, justify or plead not guilty to the rest of the words as the Case is. Or if the words be true, and he be able to prove it, he may justify the speaking of them. As for a charge of Perjury, to show he was perjured in the Starr-Chamber, for calling of him Thief, that he 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 justification, to say, That he swore such a thing in a Court falsely, unless he add this, knowing it to be false. M. 38. 39 Eliz. B. R. Willis Case. 6 If one call a man Thief, he may justify it, for that he stole a sheep. Hobb. Rep. 258. 27. H. 8. 22. 7 If I say to another, A. B. is a Thief to J. S. and to me; and an Action is brought for this, and I justify for a Felony done to me only; this is not sufficient, for the Charge is of a double Felony, and the justification 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 agreed 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. Thief, and he doth justify that he stole sheep, 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 justify the charging of one with Felony after he 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 maintain 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 be a witness 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 he 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, etc. and traversed the words in the Declaration; and it was adjudged a naughty Traverse, for that the words in the Bar, 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 judgement was entered upon that Verdict, and it was adjudged no Bar, because no judgement 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, etc. and give in evidence of the coherence, occasion, or connexion of the words, or he may (as the cause shall require) justify 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. See more. Croo. 1. part last published. 239. 492. As to this question three things are to be known. What shall be 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, etc. And the jury 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 be spoken thus, That Nicholas Fenner procured eight or ten of his Neighbours to perjure themselves; the Defendant pleads not guilty, and the jury doth find, 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 thiefs, men cannot have their Cattle going upon the Common, but they will kill, and eat them, etc. and the issue is joined, whether the Defendant spoke the words, modo & forma, etc. and the jury doth find the words spoken to be thus, viz. Men cannot have their Cattle, etc. but they do not find the first, which are the only Actionable words to be spoken; this is not a good Verdict to have a judgement 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 stolen a Lamb from A. and Geese from B. and killed them in my ground, the issue is, whether the words be spoken modo & forma, etc. and the jury find that the words spoken were thus, That the Plaintiff was a thief, for he hath stolen a Lamb from A. and killed it in my ground, and nothing said of the Geese, this is good enough to warrant the Declaration, and to give him a judgement upon it. Hill 3. Jac. B. R. 5 That where the words are laid to be thus, Burges is a maintainer of Thiefs, and a strongthief himself, and the issue is joined upon the words, Modo & forma, and the jury find 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 jury find other words than those that be in the Declaration, if they do not find withal 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 jury assess damages for all together; this will be error. And yet if words be 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 Murderer, Bloodsucker, Villain, Rogue, Bankrupt, some of which are, and some are not actionable, and the damages be assessest by the jury entirely, this will been good enough, and it shall be intended to be 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 jury find, that they were spoken Falso & injuriose; this is not a good Verdict for the Plaintiff to have a judgement 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, etc. 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 maintain 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, etc. otherwise it is not good, and the Defendant may take advantage of it; but if he do not except against it, but plead to it, and it be put to a jury that doth find for the Plaintiff, this may haply supply that defect. Croo. 1. 65. 144. 2 That where the words supposed by the Declaration are, That Eyre's [Innuendo the Plaintiff] is a Thief, And hereupon the jury doth find it for the Plaintiff; this is good, and doth make the incertain words certain and actionable. Eyre's Case. M. 7. Jac. B. R. So if one say to another, of a woman passing by, she is a Witch, and Sect. 6. hath bewitched my child [Innuendo, the Plaintiff] and verdict is given for the Plaintiff; now it is out of question. Pas●he. 18. Jac. B. R. Robert's Case. 3 That where the words that are found by the jury, do not agree 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 agree in the substantial and essential form, though they agree 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 jury found the words laid in the Declaration, to be spoken by the Defendant of the Plaintiff. The words were these: Thou art a Thief, and I will prove thee so. And the jury find, that he spoke the words de Querenti, not in his presence, but in his absence, and so find it specially. And it seems it might be good. Bulstr. 1. part 56. 5 In this Action against a Husband and Wife, if the jury find 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 helped by the verdict, and the Plaintiff may have judgement. Styles Rep. 350. 6 If the Action be brought by the Plaintiff against the Husband and Wife, for words spoken by the Wife, and the jury find the Wife guilty; this is good, and the judgement shall be against them both. Styles Rep. 460. Brownl. and Goldsb. 7. 7 The Count was, that the words were spoken falso & malitiose, and Sect. 7. the jury found it falso & injuriose. And it was agreed 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 he is a maintainer of Thiefs, and a strong Thief. And the jury 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 Thiefs, men cannot have their going upon the Common, but they will kill them, and eat them, etc. And the jury found the last, but not the first words, viz. B. and his children be false Thiefs, which are the only actionable words, and it was adjudged for the Defendant. Barber's Case. If the Action be for words only, and the Plaintiff recover, he is to have Costs recoverable. no more costs, than the jury have given damages. But if the Action be for words and deeds together; as for slandering, and causing imprisonment, or the like, there he is to have full costs. Croo. 1. part 223. If the Plaintiff be nonsuit, 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 public, 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 maliciously 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 scandalise the party; Or it may be done by other ways. 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 King's Bench, and against the Court for a judgement given in the Court, affirming the judgement to be Treason, calling him therein Traitor, and perjured Judge; and scandalising 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 public places, and was indicted for it in the King's 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 he 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 successor, by Circumlocutions and descriptions, and not in express terms, by which they were traduced and scandalised, which was punished in the Star-chamber. Coo. 5. 225. And so William Peacock did exhibit his Bill in the Star-chamber against Sir George Reynel, for this, that the Defendant perceiving, that the Plaintiffs Father was inclined to settle his Land upon him, that he, to take off his affection, and that he 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 he longed for his death, and that his Land would not be sufficient to pay his debts, etc. And the Defendant was there fined two hundred pound, and imprisoned for it. Brownl. 2. part 152. And in this Case, it was agreed, That if the Letter had been directed to the Plaintiff himself, and not to the third person, than it should not have been a Libel; or if it had been 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 he had done these works, as the proud Pharisee, for vainglory 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 Star-chamber, that for this private Letter, that no Action of the Case would lie, but that it was punishable as a Libel. But some of the judges 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 Star-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 he had not been, his man had beaten him to clouts, he lied, and as oft as he should speak it, he lied; and that he would maintain with his life, and then said, that he had dispersed those Letters, that he might find, or some body else might bring them to him, and concluded, that if he were desirous to speak with him, that he should send his Boy, and he should be well used, and he was fined five hundred pound. Hobb. Rep. pl. 153. So Lake against Hatton in the Star-chamber, supposing that he delivered to his Daughter, the Lady Rosse, a writing purporting that the Countess of Exeter had a purpose to poison both the Lady Rosse, and the Plaintiff her Father, and to charge him with a Plot, etc. 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, lieth 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 he readeth or heareth it, to laugh at it, is no offence, or if he take a Copy of it only, and do not publish it to others, this is no offence. But if after he hath read or heard it, he repeat the same, or any part of it in the hearing of others; Or after he knoweth it to be a Libel, he readeth it to others; this is an unlawful publishing of it; And if he 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 seems, of a Letter written to the party himself, and not sent to him, but scattered abroad, that he might have notice of it. Hobb. Rep. pl. 153. 5 That albeit the party, of whom the words be spoken be dead; yet the Libeler may be punished for it, be it against a private or a public person. 6 That therefore if one find a Libel, and will keep 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 public 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 be against a public 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 Star Chamber stood it was punishable there, now it is punishable by Indictment in the King's 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 Cromwell's Case, 20 Eliz. He brought a Writ de scandalis Magnatum upon 2 R. 2. cap. 5. against D. Vicar of S. for these words, It is no marvel though you like not of me, for you like of those that maintain sedition against the Queen's proceed. The Defendant Cansadicendi. made a special justification, and shown that there was a Dialogue between 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 judges 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 public, of which it shall not be imagined that he is not knowing. But it appearing by the discourse between 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 Murderer, 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 justices 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 lies 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 lie, 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, judgement was given against the Plaintiff. Coo. 4. 15. Case 4. Stanhop and Bliss Case, 27 Eliz. An Action was brought by Master Words general and incertain. Stanhop a justice of Peace, Surveyor, for these words. He hath but one Manor, and that he hath gotten by swearing and forswearing. It was Officer. Justice of Peace. Perjury. resolved, that the Action would not lie, 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, etc. and he may recover a Manor 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 Choler, as to call one Villain. Rogue. Varlet. Villain, Rogue, Varlet, or the like, will not bear Action. Coo. 4. 15. Case 5. Heart and Yeoman's Case. The Plaintiff being a justice of Peace, sues Charge of an endeavour of Murder. for these words; For my ground in Alerton Heart, seeketh my life, and if I could find I. S. I doubt not but within two days 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 lie, 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 seeking only. But for the latter words, it was agreed they were actionable, Words general. endeavour. because for a suspicion of Felony, a man's 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 King's Bench (and sworn to deal duly without corruption) discoursing together about his carriage in his Office, these words, You are well known to be a corrupt man, and to deal corruptly. In this Case it was adjudged that the Action did lie. 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 scandalise 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 been, that B. was a Usurer, or Executor of another, and would not perform the Will. And upon this the words had been spoken, they had not been actionable. Coo. 4. 26. Case 7. Weaver and Caridens' Case. It was adjudged that no Action lies 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 lie for saying of a justice of Peace, He 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 he may be indicted and fined. Coo. 4. 16. Case 9 Snagg and Geese 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 lie, for the Wife (as appeared) was alive, and so vain, and no scandal, but otherwise it would be, if she had been dead. Coo. 4. 16. Case 10. Eaten and Allens Case. An Action was brought for these words, He is Charge of Murder. a brabbler, and a Quarrel, for he gave his Champion counsel to make a Deed of Gift of his Goods, to kill me, and then to fly out of the Country, but God preserved me. 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 child 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 Cardinal's 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 (unless it be in case of Treason) is not punishable by Law, yet such a Conspiracy might have been punished in the Star-chamber, when it was up. Coo. 4. 16. Case 11. Anne Davis Case. The Plaintiff was near to Marriage, the Defendant Charge of Incontinency. said of her, She had a Bastard, and by this she lost her Marriage; this is actionable. 1. For she is punishable upon 1. Eliz. if true. 2. So upon any naked charge of Incontinency, and special damage showed by it, and the ground of the Action is temporal, viz. the defeating of her advancement Innkeeper. in Marriage. By Popham. An Action lies, for saying that a woman Inholder had a great infectious disease, by which she lost her Guests. Infectious disease. Banisters Case 25. Eliz. And it was resolved, that an Action lies, for saying of the Son and Heir, He is a Bastard, for it tends to his dis-inheritance. But if the Defendant too, be right Heir, and the other a Bastard, than 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, he 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 scandalised 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 Thief, or Traitor; if he have more servants than one, no Action will lie upon this. So, I know one that is near to J. S. is a notorious Thief, etc. But if two speak of B. and one of them say, He is a notorious Thief, an Action may lie 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 deceivable conjecture. But if one say to B. Thou art a Traitor, an Action lies, for constat de persona. So here, where two speak of the Plaintiff, and one, as the Case is, saith, Hang him; etc. 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 be taken in mitiori sensu. Coo. 4. 17. Barhams Case. Coo. 4. 20. is to the same purpose, which Case is also reported by Yeluerton 21. Case 13. Oxford and his wife against Cross. 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 denied by the Court; for such a Custom to maintain brabbling 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, etc. 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 judge, etc. 2. The discourse was vain, etc. And there it was said, that upon all the words together no Action would lie, but in yelverton's Rep. 12. there is the same Case under the names of Bretchley and Atkins, and the judges are said to be divided in it, and no resolution is said to be given in it, and in page 34. reported under other names, to be 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 fellow, et murdre in forma predict commiss. which was before alleged to be done. And it was adjudged to lie, especially for the word Infected. Dyer. 317. Case 16. It hath been adjudged to lie for this, He was in the Gaol at Norwich for Robbing one by the Highway. Albeit he did not aver, that he was not Charge of theft Indirect words. Averment. in the Gaol, but it is most safe for the Plaintiff to say, he was not in the Gaol, and albeit no Robbery were in the Case. So for saying, He was in the Tower for High-Treason. So for saying, He hath Rob J. S. albeit J. S. were never Rob. Sprat and Haines. Mich. 9 Jac. B. R. Case 17. It hath been adjudged to lie for this, said to a Son in Law, of his Father in Law, A. B. told me; that he was accessary of Stealing Tucks Sheep, and that he was as very a Thief as any in Launson Gaol; and he averred Slander by Report about theft Averment. that A. B. did never tell him so, and that Tucks Sheep were stolen, 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 lie against the Defendant. Mich. 9 Jac. B. R. Case 18. It hath been adjudged to lie for this of A. B. He was Perjured. Jacob and Sugate. Perjury. Case 19 It hath been adjudged to lie for this, said of a Shoemaker, that lives by buying and selling, Thou art a Bankrupt, and I will drive thee out of Bankrupt. the Country for a Bankrupt. Day and Chandler. Mich. 9 Jac. B. R. Case 20. It hath been adjudged (as it is said) not to lie for this, She is a Whore, Charge of Incontinency. Spiritual. Reads Whore, and she was ridden up stairs, and down stairs. M. 9 B. R. Case 21. It hath been adjudged to lie for this, said to J. S. Go and tell A. B. he Charge indirect. is a Thief, and I will justify it. Albeit J. S. do never tell A. B. so. Mich. 9 Jac. Fox and Bell. B. R. Case 22. It hath been adjudged to lie 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 he 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 Star 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 lie for these words, spoken by a woman that had a Charge of Theft. Husband, Thou dost not live honestly, for thou hast stolen my two Cocks, albeit they were her Husbands, and not her Cocks. Mich. 9 Jac. Case 24. It hath been adjudged, to lie for this, He came to my Wife, and took Charge of Murder. her by the hand, and said, thou and I will be man and wife within a year, and shortly after he dispatched his wife, and rid her out of the way, and in what case then stood I? Case 26. It was the opinion of three judges, that this Action will not lie, for Charge of an infection's disease. saying, Now that pocky drab doth wear a Scarf about her neck, to hid her blanches, they are a pocky, and an unwholesome household, and I would not eat a b●t, on which she 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 jun-holder, and lose his Guests by the Inne-holder. words, than the words were actionable. And there it was said to be adjudged to lie for this, Thou Whore, thou pocky Whore, Doctor Claytons' Whore. Mich. 44. 45. Eliz. Boddin and Jones. But that it will not lie, for saying, Your Master hath lain in Fuller's Tub. Albeit he aver, Fuller's Tub. that none lie there, but such as have the French-Pox. Case 27. It hath been adjudged to lie for this, I will justify 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 agreed by the judges, that this Action would lie for this, said of a Bankrupt. Merchant. Attorney slandered. Merchant, He is a Bankrupt, and fled beyond Sea for money. And for this, said of an Attorney, He is an ignorant Attorney. Trin. 9 Jac. B. R. Trulock and Morrison. Case 29 It hath been agreed, that this Action will not lie for this, Thou art a Hornsby, Cuckoldly Knave. Hornsby, and a Cuckoldly Knave. Trin. 9 Jac. Palmer and Palmer. Case 30. Charge of Cozening. It hath been adjudged, that this Action will not lie for this, Thou hast cozened the Earl of Hartford, as much as thou art worth. Trin. 9 Jac. B. R. Tuck and Kirton. Nor for this, Thou art a cozening Knave, and hast cozened all the Town of Coventry. Case 31. It hath been adjudged to lie for this. He is meansworn, with an Averment, Meansworn. 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 judges, that this Action will not lie for this. A. was Charge of Robbery. rob of twenty pound in Silver, and one hundred Marks in Plate, and Words incertain. Ford, and Anne Long had it, and, by God, will be hanged for it. Pasche 9 Jac Ford and King. Case 33. It hath been adjudged, that this Action will lie foe this, Thou art a Knave, Charge of Robbery, and a Rascally Knave, thou didst set on me in the Highway, 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 justice 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. Cox 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 thyself 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 itself, doth not Forsworn. import slander, as perjured doth, and because it was not showed, that there was any cause in the Hundred Court between Rumbal and another, Perjured. wherein he was produced a Witness, by which the word forsworn was induced, and so it might have been equivalent to perjured; for it might be in private between them upon an oath out of Court. that he might say he was forsworn. yelverton's Rep. 27. Case 36. Shire and King, 45 Eliz. B. R. The Action was brought by an Attorney Slander of an Attorney. for these words, Thou art a Paltry Fellow, and thy credit is fallen. for thou dealest on both sides, and dost 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. yelverton's Rep. 32. Case 37. Sir John Harpur and Beaumont. 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 Beaumont did throw his Dagger at me twice, and thrust me thorough the Breeches 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. yelverton's Rep. 58. Case 38. Style and Heap. 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 do his office truly, and to present the offences within the Parish. And the judge's opinion seemed to been 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 traitorously with the King, perhaps may be actionable. 2 Because the Plaintiff did not show what presentment he made at the Visitation, so that it might appear, that what he did, was within the compass 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. yelverton's 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 agreed 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 judge known to be competent to give an Oath without a Commission. yelverton's 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 be hanged; and by the Court it was agreed, 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 lie in wait to kill me, is actionable. So, He prepared Poison to kill I. S. but for this, Intent of Murder Endeavour of Murder. General and incertain word, He deserveth to be hanged. these are too general and incertain to ground an Action upon; and thereby, Fenner justice, it was said to be adjudged to lie for this, Thou art as very a thief as any in Warwick Gaol, with an averment, that there is such a thief in particular. yelverton's 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 foil. Upon not guilty it was found for the Plaintiff, damages ten pounds. And it was alleged in Arrest of judgement, that the Action doth not lie, because it was not shown, what Commission it was, nor in what Suit, so as the Defendant might give answer to it; but judgement was given for the Plaintiff. Croo. 1 part last published. 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 judgement, that the words were not actionable, Incontinency. for it is a spiritual fault, as to call one Heretic, etc. but it was answered, that for as much as the Plaintiff was a Minister, this is a defamation, Heretic. and cause of depravation, if true, yet judgement was given against the Plaintiff. Croo. 1. part last published. fol. 94. Case 43. Action for these words, (Thou art a Cozening Knave, thou hast cozened Cozening Knave. me of twenty pound at such a place, and such a man of twenty pound, and there is never a George in England, but he is a cozening fellow) upon not guilty, it was found for the Plaintiff; and it was ruled, Words general and incertain. that the Action lieth not, for Wray said, they are too general to bear an Action; and a man is to suffer no plague or loss for those words, if they were true; and one Egletons' Case was cited to be adjudged, Thou art a cozening Coroner, for thou hast cozened J. S. of his Lands; no Action lieth, and Wray said, that in a Writ of Error between Warker and Middlemore, which doth depend in the Exchequer-Chamber, Action for these words, Thou art a Cozener, for thou hadst me to Coventry, and didst cozen me of eighty pounds; judgement was given for the Plaintiff in the Queen's Bench; but it was never moved in that Court, for if it had, they would not have given judgement. Nota. Trin. 30. That judgement was reversed in the Exchequer-Chamber. Croo. 1. part last published. fol. 95. Case 44. Action upon the Case. And declares that the Defendant was a justice of Charge of stealing of a horse. Peace, in the County of N. and whereas the Plaintiff was a Loyal Subject, etc. the Defendant maliciously intending to deprive him of his good name and fame; did direct his Warrant, and shows it in certainty, etc. to divers Constables to attatch him, alleging, he was accused of the stealing Slander by Deeds. of the Horse of A. B. by reason whereof he was arrested, till he put in bond to appear, etc. ubi re vera, he was never accused, nor did steal the horse; the Defendant did know him to be guiltless, by reason whereof he was greatly discredited, upon non culp. pleaded, it was found for the Plaintiff; and it was held by Clench and Gaudy, the Action was maintainable; if a man be accused to a justice of Peace, for an offence, for which he causeth him to be arrested by his Warrant; although the accusation be false, yet he is accusable; but if the party be never accused, but the justice of his malice, and own head, cause him to be arrested, it is otherwise; and they commanded judgement to be given for the Plaintiff. 14. H. 8. Croo. 1. part last published. fol. 130. Case 45. Action for words, for calling him a rebellious and traitorous Knave, after verdict for the Plaintiff, it was moved in arrest of judgement, that the Charge of Treason. Action did not lie; for rebellious may be upon a Proclamation of Rebellion out of Chancery, or other Courts: and when traitorous and rebellious, are coupled together, they are of the same sense, Curia: for the words, rebellious Knave, Action lieth not, but traitorous being joined with it, Action lieth; and the Plaintiff had judgement. Croo. 1. part last published. 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 me, and that Gough should show me to the hired man, to kill me; and upon not guilty, it was found for the Plaintiff; it was moved in Arrest of judgement, that an Action lieth for these words, and so held Gawdy; for it is not alleged, that any Act was done by the Plaintiff, nor any thing put in re by him. but only a Communication between him and G. but otherwise it is, if the words had been, He hath hired a man to kill me; Fenner contra, for it is an ill part for which he might be bound to his good Behaviour. Wray was absent, but afterward Wray being present, he agreed with Fenner, and judgement was given for the Plaintiff, against the opinion of Gawdy. Croo. 1. part last published. 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 lie, for it cannot be intended but of the French-Pox. Croo. 1. part last published. fol. 214. Case 48. Action for these words, Thou art a mutinous and seditious man, and didst Charge of Sedition. Adjective words. procure the Queen's Subjects to sedition. Gawdy, the words are not actionable; for it is not said, he moved them to sedition against the Queen; and to this opinion the other justices did incline, but this was only upon motion. Croo. 1. part last published. fol. 214. Case 49. Action for these words, Thou hast sought the blood of thy Husband Charge of Murder. and waste his death; for if thou hadst been an honest woman, he had been alive yet. And averrs in facto, that her Husband was killed; it was moved, the Action lieth not, for it is not said, she 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 lieth not, for it may be by grief; but it was ruled here, that the Action lieth, for they shall be taken to be spoken in malam partem, and it was adjudged for the Plaintiff. Croo. 1. part last published. fol. 239. Case 50. Action for these words. (ss.) Aid me to Stoner, for I have Felony to Charge indirect. lay to his charge, for he would have rob me. After verdict for the Plaintiff, it was alleged in arrest of judgement, that the words are not actionable, for perhaps the saying, I have Felony to lay to his charge, of themselves are actionable; but when he saith further, for he would have rob me, they prove no Felony, but extenuate the first words, and show what he did intent, and the last words are not actionable, for to say, One would have rob me, an Action lieth not, without showing Intent or will to do a Felony. some overt act put in ure, which is Felony, or cause to bind one to his good Behaviour; for though he had an intent, peradventure, he repent 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 wouldst have murdered me, are not actionable, and for this cause the Court inclined, that an Action did not lie. Sed adjurnatur. Croo. 1. part last published. fol. 250. Case 51. Action for words (ss.) My Lord Precedent of the North shown Mr. Stapleton his hand set to a Book, whereby he had consented to the late Charge of Treason. Rebels of the North, but by the means of Mr. Fairfax, my Lord Precedent was persuaded, and the matter suppressed; after verdict for the Plaintiff, it was moved in arrest of judgement, that an Action lay not, for it is not said, that he consented to the Rebels, but that his hand was set to a Book, whereby he did consent, etc. but showeth not who set to his hand; it might have been done by another. Also it is not said, he consented to them in their Rebellion, but the consent may be in some other matter; nor that he knew they were Rebels. Also it appeared not in what they were Rebels if in Treason, or only upon process of Rebellion; Cura contra in omnibus, for it cannot be his hand, if he himself sets it not to the Book, but another may write his name; and when he said, he consented to the Rebels, and shown not any certain person, this cannot be otherwise intended, but that he consented to all the Rebels in their Rebellion; but if he had said, That he consented to A. and B. which were Rebels; this peradventure may be intended, that he consented to them in some other matter, as it was ruled. 26. Eliz. inter Brown & Lisle, where the words were, He was confederate with Campian the Jesuit; no Action lay, for it is not said, he knew him to be a jesuite, nor in what matter he was confederate with him; and in this term it was adjudged for the Plaintiff. Croo. 1. part last published. fol. 251. Case 52. Action for these words, Mr. Winckfield, you never thought well of me, since Graves did steal my Lamb; adjudged actionable, although it Charge of Theft. was alleged in arrest of judgement, that it was not a direct affirmance that G. R. did steal it. Croo. 1. part last published. 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 guests would not resort thither, and it was adjudged for the Plaintiff, and fifty pounds' damages given. Croo. 1. part last published. fol. 289. Case 54. Action for these words, Thou art falsely forsworn in Bell Court, Innuendo, About Perjury. a Court Baron held at Bell, & per Curiam, with this Innuendo, the Action did lie, otherwise not. Croo. 3. part last published. fol. 297. Case 55. Action for these words, Thou art forsworn and perjured; the jury 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 lie, and it was adjudged for the Defendant. Croo. 1. part last published. 297. Case 56. Action for words, for that whereas the Plaintiff was a justice of Peace, Justice of Peace. the Defendant said, You do openly maintain and countenance the worst people against God's Laws, and the Queens; after verdict it was moved, that an Action did not lie for these words, for it is not shown who these people are which he intended, were the worst people, viz. Rogues, Heretics, or the like; and it is not shown that he did know them to be such persons, nor in what he did maintain them, and of that opinion were Fenner and Clench, but Popham Chief justice contra, for they sound to his discredit, and he said it was adjudged upon good deliberation: in a Case between Sir Henry Portman and Stowell, that for these word, Thou maintainest such Charge of Maintenance. a Suit, an Action did lie, for maintenance is unlawful and odious, and it is here alleged to be spoken malitiose, and cannot been intended, but he maintained them in their naughtiness, and afterwards. Mich. 35. & 36. Eliz. the Case was moved again, and it was held by the whole Court that the Action did not lie, for the words are too general to maintain an Action. Croo. 3. part last published. 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 be not a perjury punishable by the Statute of 5 Eliz. yet it is a discredit for which an Action lies, wherefore it was adjudged for the Plaintiff. Croo. 1 part last published. 709. Case 58. Action for these words, Jo. Leversage (Innuendo the Plaintiff) would Charge of Robbery. have rob the house of I. S. if I. D. would have consented unto it; he persuaded I. D. unto it, and told him he would bring him where he should have money 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 been Endeavour. words of great discredit and slander, and that the Action will lie, and it was adjudged for the Plaintiff. Croo. 1 part last published. 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 lies not for these words; for the calling one Charge of Perjury. forsworn Knave, (unless he saith in Court,) is not actionable, which was agreed 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 shown 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 three pound, and he released his Suit, and no judgement was given; and all the Court here held, that the Action will lie, for this Action is given by reason of the discredit of such words amongst the Neighbours, and when he said, That he was forsworn in such a Court, it cannot be intended but that it was a Court of justice, and a precedent was shown. Pasche, 37 Eliz. Rot. 370. in the Queen's Bench, between 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 published. 720, 721. Case 60. Action for these words, Thou hast stolen 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 lies 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 incertain. Quod querens nil capiat per billam. Croo. 1. part last published, fol. 780. Case. 61. Action for these words, Thou art a forsworn Bailiff, and wert forsworn Thou art forsworn. this day; after verdict for the Plaintiff upon not guilty pleaded, it was moved in arrest of judgement that an Action lies not for these words, for he doth not show that he was forsworn in any Court; it is not also shown, that he was a sworn Bailiff 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 published. fol. 788. Case 62. Action upon the Case for words; whereas he was of good name, etc. & Bankrupt. per multos annos jam retroactos fuit Mercator, and used the Trade of Merchandizing, tam infra Regnum, quam extra, that the Defendant spoke of him these words, Thou art a beggarly Knave, and at Bankrupt, and thou art not able to show thy face. It was moved, that an Action Merchant. lay not for these words, unless 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 lies not, and of that opinion was the whole Court; but the Question was, whether by alleging, that he used the Trade of a Merchant, per multos annos jam retroactos, it shall be intended, that he was a Merchant at the time of the words spoken, and the Court seemed to doubt thereof, because it is not precisely alleged, for it may be, he used that Trade for a time, and left it afterward, wherefore they would advise thereof. Croo 3. part last published. 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 he 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 shown by the Defendant, that his Wife is dead, and it shall be taken in the worst sense, viz. violently. Croo. 1. part last published. fol. 823. Case 64. Action for these words, Thou art as cozening a fellow as any is in the Charge of cozening. 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 money 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 cozening fellow, Action lieth not, than the last words be not actionable; for it is not expressed how long time he kept the money in his hands; and it may be, he 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 Thief, after verdict, Rogue and Thief. it was moved in arrest of judgement, that an Action lies not for these words, for they are too general, but the Court held, that for the word Thief, it is maintainable, unless 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 published. fol. 857. Case 66. Action for these words, he (Innuendo the Plaintiff) is not worthy the office of a Constable; for he and his company, the last time he was Charge of Theft. Officer. Constable, stole five of my Swine, and eat them, after verdict for the Plaintiff, it was moved by Yeluerton, that the Declaration was not sufficient, for the words, he is not worthy, etc. may be spoken of any other, and the Innuendo will not help it; also he doth not say, that he spoke 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 lie; for hic & ille make a demonstration, what person he intended; and it is also alleged, that he spoke the querente, those words, etc. The words also, quod palam & publice promulgavit, imply, quod fuit in praesentia & auditu, etc. for it is not palam, unless it be in praesentia & auditu aliorum, wherefore it was adjudged for the Plaintiff. Croo. 1. part last published. fol. 861. Case 68 Action for words, and declares that the Defendant spoke 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 judgement for the Plaintiff, error 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 alleged, 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 justices and Barons held, that for this cause it was erroneous, for it shall not be intended, that any there understood the said tongue, unless it had been shown, and then it was not any slander, no more than if one spoke slanderous words in French or Italian, an Action lies not, unless it be averred, that some there present understood those languages; as it was held in the Case between john's 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, he might not have peradventure so great damages, they moved him to accept of ten pound, and to make an end without further proceed; and so it was done, and no judgement entered. Croo. 1 part last published. fol. 865. Case 69. Cutpurse. Charge to receive stolen goods. Action for these words, spoken of the Plaintiff, His Boy (Innuendo, one Ambrose Latham the Plaintiffs Wives Son) hath cut my purse, and he, 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 published. 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 published. 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 he is infected with the French-Pox, and otherwise the Action lies not; but all the Court held the Action was maintainable, for the word cannot be otherwise intendible, but that he hath the French-disease; for it is conceived, he is accused to have the same disease, which his Wife hath, and that the words purport, that he hath the French-disease, by saying that his Wife's Nose is eaten with them, wherefore it was adjudged for the Plaintiff. Croo. 1. part last published. fol. 878. Case 72. Action for these words, Thou hast cut my purse, therefore I charge thee Charge of Felony. Cutpurse. 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 he had committed any Felony, wherefore not actionable. Croo. 1. part last published. 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 he would exhibit a Bill of Indictment for stealing the Kine, that he would procure him the value of two Kine, and that he exhibited a Bill against the Plaintiff, etc. after verdict for the Plaintiff upon not guilty pleaded, it was moved that the Action was not maintainable: But Fenner and Yeluerton (being only in the Court) held, that the Action was well brought for the bidding him follow suit against him for stealing thy Kine, and hang him, imports as much as that he had feloniously stolen them, otherwise he could not hang him, wherefore it was adjudged for the Plaintiff, Croo. 1 part last published 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 justice should here take any cognisance, and of that opinion was the whole Court. Croo. 1. part last published fol. 905. Case 74. Action for these words, to J. S. the Plaintiffs servant, thou hast a Traitor Traitor. to thy Master (Innuendo the Plaintiff) adjudged that the Action lay, it being moved after verdict in arrest of judgement. Croo. 1. part last published fol. 906. Case 75. Trin. 11. Jac. B. R. Matthew versus Crasse. In an Action of the Case for these words, Thou art a Whoremaster, for thou hast lain with Brown's wife, and hadst to do with her against a chair: and set forth that by reason thereof Charge of Incontinency. Spiritual Slanders. he lost his marriage, etc. ad damnum, etc. 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 agreed by the judges, 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 He is a Bastard. Ordinary; but if he add further to entitle himself to be heir, or shows some possibility of being heir, this may make the words actionable. Bulst. 2. part 90. Case 76. Brian Nelson versus staff. 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 seized of Land in fee to the value of one hundred pound a year, and married to Elizabeth, and had issue between them the Plaintiff. And whereas there was communication between the Plaintiff and Mary Cividal. concerning a marriage between them, and he was offered with her six hundred pound, that the Defendant of purpose to scandalise 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 be arrested; is that all the spite the Bastard can do you. By reason of which words he lost his marriage, etc. Upon not guilty it was found for the Plaintiff, and damages given, and a Writ of error brought, and a judgement given for the Plaintiff, and so the first judgement was affirmed, and agreed, 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 he was a justice of Peace, etc. and that he upon the seventh of March, and long before seized in Fee of the Advowson Slander of a Title. Of an Officer. of Sandcroft in the County of S. and intended to sell it towards the payment of his debts, and the Defendant knowing of it, and intending to Slander him in his Religion, etc. and to Slander his Title to the Advowson, and hinder the sale thereof, the same day having speech with divers persons about his Title to the Advowson, and about his Religion; spoke these words, True it is, that Sir John Tasburge was the true and undoubted Patron of Sandcroft, but now he hath lost that Patronage and presentation by being a Simonist and a Recusant, both which I will prove him to be. By reason whereof he was hindered 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 he 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 he 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; He is a Bastard. by reason of the speaking of which words, the Father and younger Brother did intent, 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 judgement entered 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 Master's Cook [Innuendo, etc.] and I will bring thee in question for thy life; And after Verdict for the Plaintiff, and motion to arrest the judgement 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 he had a Master, and that his Master had a Cook, etc. And another Action was brought for these words, viz. thou hast sacrificed thy Child 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 murdered thy husband [Innuendo such a man by name] jam defunct, and averred, ubi re vera, her Father spoke no such words. And Verdict for the Plaintiff upon not guilty pleaded, and it was moved in arrest of judgement, because it was not averred, that the husband was dead at the time of the words spoken, and divers Cases cited to the purpose. yelverton's 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 judgement, it was given for the Plaintiff. Styles 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 he was a nozeler of Théeves, Murderers, and Pirates, etc. and recited a great part of the Bill, that afterwards the Defendant at P. in the County of Salop. 7, Maij. 31. Eliz. Said he would justify his Bill to be true in every part, etc. The Defendant pleads, that the seventh of May at Wellminster in the County of Middlesex, he was demanded of the Lord Chancellor, 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 justice, 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 he had spoken of them after in the Country. Croo. 1. part last published. 230. 247. Case 83. Action for these words, Coles hath strained a Mare, Innuendo carnaliter Strained a Mare. cognovit equam; the jury found, that the Defendant spoke the words, C. hath strained a Mare, meaning that carnaliter cognovit, etc. And upon these words the Plaintiff had judgement, although it was alleged, 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 published. 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 joined, etc. the jury found the words, and the meaning thereof to be as was declared, and judgement was given for the Plaintiff. Croo. 1. part last published. 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 me, which I have to show, which is against the Word of God, against the Queen's authority, and to the maintenance of superstition, and that I will stand to prove against you. And the Plaintiff recovered five hundred marks damages. Croo. 1. last published. 2. Case 86. An Action was brought for these words, A. did wrap Gunpowder Endeavour to burn a house. in a piece of Tow, and laid it under my Window, and put fire to it, minding to burn my house. And the Plaintiff had judgement. Croo. 1. part last published. 6. Case 87. Griffith against Morrison. An Action was brought for these words. Bankrupt Knave. Where is that Bankrupt Knave? where is that Pillory Knave? And the Plaintiff had judgement. Croo. 1. part last published. 26. Case 88 Morgan versus Kith. Hill. 9 Eliz. An Action was brought for these words, A. did maintain, victualled, and helped to let go certain Pirates contrary to the Law of the Realm, and Proclamation made. And it was adjudged He maintains Pirates. for the Plaintiff, that the words were actionable. And there it was said, it had been adjudged to lie for this, He maintained Thiefs. Between Lea and Pennistone. Case 89. An Action was brought for this, Thou hast sitten upon the Pillory. And Pillory. adjudged not to lie. 29 30. Eliz. B. R. Croo. 1. part last published. 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 judgement. But if the words had been, You brought in false witnesses. It had been otherwise. Croo. 1. part last published. 93. Case 91. Charge of Attempt, and Endeavour of Robbery. Mich. 36. 37. Eliz. B. R. Weeks Case. Action for these words, Week assaulted me, and others, to have rob us, but we were too strong for them, and escaped. It was adjudged actionable; and agreed to lie for this, J. S. lay in wait to do a Robbery, or Murder, although no Felony be done. Croo. 1. part last published. 349. Case 92. The same year B. R. Lyne versus Backhouse. Action for these words, Charge of Robbery. Doubtful words. He hath beaten me, 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, he took them as a Trespasser, for he doth not charge him with Felony. Croo. 1. part last published. 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 lies. Croo. 1. part last published. 384. Case 94. Pasche. 39 Eliz. B. R. Goodale versus Castle. Action for these words Filcher. Cutthroats. Thou art a common Filcher, companion of cutthroats, and a Forger of Writings; It was agreed, for all the words but the last, no Action will lie, by two judges it will lie for the last words. Croo. 1. part last published. 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 judgement, it was adjudged for the plaintiff. Croo. 1. part last published 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 judgement. It was adjudged for the Defendant, and that the words were not actionable. Croo. 1. part last published. 582. Goldsb. 172. Case 97. The same Term and Court. harrison's Case. Action for these words, Charge of Perjury. Thou hast forsworn thyself at London, and there it appeareth upon Record. Upon a Demurrer it was ruled, that it will lie. Croo. 1. part last published. 583. Case 98. The same Term, and Court. Redferne versus Tod. Action for these Charge of a Rape. Words indirect. words, He should have been hanged for a Rape, but it cost him all the money in his purse. After verdict, and Motion to arrest the judgement, it was adjudged for the Plaintiff. Croo. 1. part last published. 589. Case. 99 The same Term 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 published. 609. Case 100 The same Term and Court, Action for these words, The Plaintiff hath forsworn himself, [Innuendo before the Justices of Assize, etc.] 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 published, 609. Case 101. The same Term and Court, Wells against Hemmerson, Action for Rebel. these words, Thou art a Rebel, and no true Subject; after Verdict, and Motion to stay judgement, it was adjudged for the Defendant, that the words were not actionable. Croo. 1 part last published, 622. Case 102. Mich. 40 Eliz. B. R. Blake versus Stanley, Action for words, Thou art Charge of coining false money. a coiner of false Money, and I have Money to show which thou coynedst; after verdict, and motion to stay the judgement, it was adjudged for the Plaintiff. Croo. 1 last published, 629. Case 103. The same Term Co. B. Action for words, viz. That he keeps a Bawdy-house. And ruled, that the Action lies 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 published. 643. Case 104. Pasche 41 Eliz. Co. B. Slade versus Allen, Action for these words, Thou Charge of Murder. art a Murderer, and a bloody Fellow, and I am afraid of thee. Upon Demurrer adjudged actionable. Croo. 1 part last published, 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 judgement, it was adjudged not actionable, for the breaking of the house may be but Trespass, he doth not say whose house he broke, and so it is altogether incertain. Croo. 1 part last published. 889. Incertainty. Case 106. The same term and Court. Cox versus Humphrey. The Action was Charge of Felony. Receipt of stolen goods. Cutpurse. Incertain 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 Money 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 published. 889. Case 107. The same Term and Court, Daws versus Bolton. Action for these Charge of Receipt of stolen goods. words, Thou art a Knave, and hast received stolen Swine, and hast received a stolen Cow, and thou knewst they were stolen; upon not guilty, verdict for the Plaintiff, and a motion to stay the judgement; it was agreed by the whole Court that the Action did not lie for these words, for the receiving of goods stolen knowingly, unless it be to maintain the Felon, is not felony. And there agreed that the Action will lie for this, Thou layest in wait to murder one; and that he might receive the goods as Lord of a Manor, or his Bailiff, as a waiffe or felons goods. Coo. 1 part last published. 888. Case 108. Trin. 26 Eliz. B. R. smith's Case. Action for words, for that when as R. Charge of Felony. Smith was attained of Felony, and shown what the Defendant said. You [Innuendo the Plaintiff] have done as ill and worse, and it will cost you as Words incertain. much to be quit as it cost him; it was conceived the words might be 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. child to get her a drink to kill her child, 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 published. 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 agreed to be actionable, and it must be intended he had committed some offence for which he had deserved to been hanged; and there it was said by Wray justice, that it had been adjudged, Charge indirect and incertain. 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 lie. Croo. 1 last published. 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 judge 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, etc. Corruption. was corruptly given, and upon not guilty, a Verdict, and a Motion to arrest the judgement, it was adjudged for the Plaintiff, Croo. 1 last published. 305. Case 112. Charter versus Peter. Hill 40 Eliz. Error was brought in the Exchequer Charge of Treason. Chamber of a judgement in the Queen's 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 published. 602. Case 113. M. 6. Jac. B. R. the Action was brought for these words, Thou dost Charge of Witchcraft. work by Negromancy, and dost work by the Devil; and it was adjudged to be actionable, for they are words of infamy and reproach, etc. yelverton's Rep. 150. Case 114. Higgs against Austin. Pasche. 7. Jac. B. R. for this, Thou hast stolen Charge of theft of Wood as much Wood and Timber as is worth twenty shillings, and the jury found the words, and this further, off my Landlord's grounds, and it was adjudged for the Plaintiff; for these words do not gualifie, for Timber must needs be separate from the ground, etc. yelverton's Rep. 152. Case 115. Weblin and Mayer, pasche 7. Jac. B. R. for these words, It will be 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. Yeluerton, 153. Case 116. Newlin and Fa●●et. Pasche. 7. Jac. B. R. The Action was for these words, The Plaintiff is a Felon. Take heed what you say, saith a stranger, He is a Felon. Why (saith the Defendant) is not he a Felon, that knew of a Murder, and concealed it? He (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 between words of qualification spoken at the same time, and spoken afterwards. As one saith, Thou art a Felon, for thou hast stolen my Apples off my Trees, is not actionable. But if one say, Thou art a Thief, and a slander by say, Beware what you say, and the other say, I will justify what I say, is not he a Thief that stole my evidence; it comes too late now to qualify the former words. And there it was said by one judge, to say, J. S. is a Traitor, for he rob a man by the high way side, is not actionable. And by another judge, that it is actionable. Yeluerton. Rep. 154. Case 117. Bury and Wright. Bear witness, Mistress, that he hath stolen my Charge indirect of steal-ing. Haircloth. 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 he had said, Mistress, you will bear witness that he hath stolen 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 he had said, J. S. will prove you stole my horse; these words will not maintain an Action. Quod nota. yelverton's 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 Mayor's Court in a Town, He hath taken forty shillings for a Bribe, and it was adjudged to lie, and that it shall have reference to him in his office, So to say so of a justice of Peace, or Clerk of Assize. yelverton's Rep. 143. Case 119. Blanchflower and Atwood. The Action was for this, I will hang him, Charge of Treason. for he hath spoken words which be high Treason; and they were adjudged actionable. Yeluerton. 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 she comes not to Church, for it is thought she is with child, and I fear it is too true. And it seems not actionable. And yet that such words used about a Robbery, would be actionable. yelverton's 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 stolen mine; In this Case, by two judges 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 judges, that they were actionable. yelverton's Rep. 145. Case 122. James Wiltshire hath forged the late Queens Writ; It was affirmed in Forgery. a Writ of Error, that the words are actionable. Wiltshire Case. Mich. 5. Jac. B. R. yelverton's 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. yelverton's 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] picked 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 judgement given in the Common-Pleas, upon a Writ of Error, was affirmed in the Kings-Bench for the Plaintiff, for the first words, to pick a pocket, etc. are slanderous, and in the common phrase is in the worst sense a stealing. yelverton's Rep. 136. Case 125. Tuerleote and Morrison. Hill. 8. jac. B. R. The Action was brought for these words, by an Alien Merchant, He is a Bankrupt, and fled beyond the Seas for much money. And the Defendant pleaded, that the Alien. Plaintiff was an Alien; but it was adjudged for the Plaintiff. yelverton's Rep. 199. Case 126. 1 In an Action upon the Case for words, the Plaintiff did declare, That Case. he 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 intent, 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 judgement entered 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 he 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 descent 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; he is but a Bastard? That by this he was much scandalised in his Estate, and forced to great expense to defend his Title, upon Nihil dicit, writ of Injury, and fifty pound damages, and after motion to arrest the judgement, it was given for the Plaintiff And it was agreed, 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 he was a Bastard. And it was resolved that the Action would lie, for the words tended to his dis-inherison. But if the Defendant himself had pretended to be the next Heir, than the words had not been 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 pieces, and John Syms did carry a cloak-bag full of clippings. And whether the Action would lie, was the question, because it was incertain in the person; for he did not say, these Symses, but the Symses: Like unto the Case where one Farrer being slain, and certain persons being Defendants in the Star-chamber, one having speech of them, said, These Defendants did murder Farrer, and it was adjudged, that the Action would not lie, 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 coining of money. hast coined Gold, and art a coiner of Gold. Thirdly, a Cloak-bag of Clippings, that is also uncertain; for it might be Clippings of Wool, 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 showed any certain time, when the words were spoken. And for these causes it was adjudged that the Action would not lie. 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, Hindrance 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 Error, and shown for Error, that the Plaintiff did not claim any Inheritance, or to be Heir to any person certain: But notwithstanding that Error assigned, the judgement was affirmed. And he said, that if one saith of J. S. that his Father is an Alien, that an Action upon the Case will lie, because it is a disability to the Son. Quere Godbolt. Rep. Case 421. Case 131. Mich. 6. Jac. B. R. Vaughan versus Ellis. Error of a judgement 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 Error was laid to be, that the Action lies not for these words, without special cause shown, that he was damnified by them; as that he was inheritable to some Lands, and by reason thereof he Hindrance of preferment. is to have loss. And here it is shown, 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, He is a Bastard. agreed, that albeit he had no present Title, but a possibility; and being offered money for it, and having lost this gain by the words, and in futuro, might receive prejudice, in case he were to claim any Land by descent. And for these causes they held the words actionable; and did affirm the judgement. 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 shown, 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 lie for the words; and the Chief justice said, that an Action upon the Case doth not lie 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 passed. 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 he was seized of the Land in Fee, and was in treaty to make a Lease of it, for two and twenty years, at a hundred pound a year Rend to R. Egerton; and that the Defendant knowing of it, said, I have a Lease of the Manor and Castle of H. (which was the same Land) for ninety years, and published it, etc. by reason whereof R. Egerton did not proceed. In this Case it was agreed, that no Action would lie 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 she herself had right to it; no Action would lie 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 Cozener and Bankrupt. Cozener, and Bankrupt, 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 he used to buy and sell Iron, yet because he 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. Smith's 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 lain for this, Thou art forsworn, and hast taken a false Oath at the Assizes against J. S. with an Averment, that he was sworn in the cause. March. Rep. pl. 17. Smith's 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 justices 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 speech with the Father of the Plaintiff, said to him, I will take my Oath, that your Son stole my Hens; But did not aver that he was his Son, or that he 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 judge, 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 cozening. to be maintainable for this, Thou hast received money of the King to buy new Saddles, and hast cozened the King, and bought old Saddles for the Troopers, for he may thereby lose his office or employment: So if he 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. etc. fratrem nuper mortuum; and it was held by the whole Court not actionable, without averment that he 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 cousin 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 loss by it, that he was called into the Spiritual Court, and the Plaintiff had judgement in it. March. Rep. pl. 191. Case 142. Mich. 17. Car. 1. Co. B. Baine sued for these words, That he kept a Charge of cheating and cozening. Averment. false Bushel, whereby he did cheat and cozen the poor. But he set forth, that he 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, he lost his custom. And it was adjudged actionable. March. Rep. pl. 192. Case 143. Mich. 17. Car. 1. Co. B. A. sued for these words, That he kept false Cozening. weights; and he set forth, that he got his living by buying and selling, but did not show of what Trade or Profession he was, and agreed that the Action will not lie. And if he had showed he had been of a Trade, it will not lie, because he doth not show that he 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, etc.] haste poisoned Smith [quendam Sam. Smith ad tunc defunct. Innuendo] and if it cost me a hundred pound I will hang thee for it. And declared further, that of mere malice at the next Assizes, etc. he procured him to be falsely indicted, that he had given poisoned drink to Smith, to the intent to poison him, whereof he 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 judgement seven pound a piece, Costs entire. Upon a Writ of Error in the Exchequer-Chamber, it was adjudged that the words would not bear an Action, for it doth not appear that he did it wittingly, or that he 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 judictment it was adjudged, that the Action will lie. So that for the damages for the words, the same being several, the judgement being reversed, for that part failed. But the judgement for the judictment, 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. Enchanter. 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 lieth 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 lie, for it is too general: But if one saith, she is a Witch, and hath bewitched such a one to death; an Action upon the Case lieth, if in truth he be dead. And if a man be called a Conjurer, Conjuring. he shall not have any Action upon the Case, unless he saith, that he 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 Child, (Quandam Isabellam Adams modo defunct, filiam cujusdam J●hannis adam's of Williamstre in the County of Gloucester, Innuendo) upon which a Writ of error was brought in the Exchequer-Chamber, upon a judgement given for Prichard in the Kings-Bench: and the judgement 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, aught to have been 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 Barrister and Counsellor of Gray Inn, thou a Barrister? thou art no Barrister, thou art a Barretor; thou wert put from the Bar, and thou darest not show thyself there; Thou study Law? thou hast as much wit as a Daw. Upon not guilty pleaded, the jury found for the Plaintiff, and assessed damages to twenty three pound, upon which judgement was given, and in a Writ of error in the Exchequer-Chamber, the judgement was affirmed. Coo. Select Cases page 71. Case 36. Case 148. An Action of the Case was brought against one, for that he 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 lie. It was said, by Sir Thomas Cockain, that such a Lady had given poison to such a one to kill her Child within her, that the words were not Actionable. Also one said, That another had put Gunpowder 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 he lay in wait to have killed him; It was found for the Plaintiff, and he 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 Wisdom, for these words, He 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 be a Horse-stealer, and not guilty being pleaded, it was found for the Plaintiff, and judgement upon it. Goldsb. 186. and Owen's Rep. 18. Case 150. Easter Term. 15 Car. An Action of the Case was brought by a journy-man, Slander to a Tradesman, Shoemaker. and Foreman of a Shoemaker's shop, which was his living, and livelihood, for these words, viz. It is no matter who hath him, for he will cut him out of doors. And it was averred, that the common acceptance of the words amongst Shoemakers, is, that he will make him run away, and beg, and alleged 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. Incertain words. dost lead a life in manner of a Rogue, I doubt not but to see thee hanged for striking Mr. sydenham's man, who was murdered. And it was resolved by all the justices in the Exchequer Chamber, that the words were not actionable. At the same day in the same Court a judgement 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 she 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 speech with one Chapman of the Plaintiff, spoke these words, She (meaning the Plaintiff) is a thief to you and to me, and hath stolen twenty pound Theft. from me, and forty pound from you; the Defendant justified, that she 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 Mercer's Case. Croo. 2 part, 676. Hilsden versus Mercer. Case 153. Hill 43 Eliz. Humphrey Parlour sued for this; Parlour 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 incertain. stolen by the Highway side, and the words were not held actionable. Goldsb 143. Case 155. Mich. Jac. B. R. The Defendant spoke these words of the Plaintiff, being a justice of the Peace, He (meaning the Plaintiff) for malice and spleen, did many times wrist the Law, and pervert Justice to serve his Slander of a justice of Peace. own turn. It was moved, it was not alleged, 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, etc. Non constat. whether the standers by knew they were spoken of the Plaintiff, and the words [that he did many times wrist the Law, etc.] might be spoken long before he was a justice; but adjudged, the Action doth lie, the Declaration being that He, de prefate, Thomas Dixit: And secondly, the words shall be taken in the worst sense, to scandalise him in his office. Sir Tho. Beaumond, 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 he had judgement, albeit the words were spoken in the time of Q. Marry, 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 cloth 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. Hall's case. Case 158. The same Term Richard Somerstailes sued for this; R. S. is a very Drunkenness. bad fellow, for he made I. S. drunken in the night, and cozened him of an hundred Marks; and judgement was stayed, for it was held, that the Cozening. 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, spoke these words of the Plaintiff, being a Counsellor Slander of a Counsellor. at Law; You are a paltry Lawyer, and use to play on both hands; and at another time before the Chancellor of the Bishop of Gloucester, for he spoke to the Chancellor of the Plaintiff, I hope you will not believe 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 stolen a piece of cloth, or else thou wouldst have delivered it to my Wife's 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 Warner for this, Theft. I was rob of goods to the value of forty pound, and they were stolen by Smith, and his household [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 agreed, 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 express affirmation, that the Plaintiff is a Traitor. 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 justices was, that the words shall not be taken argumentative, but affirmative; and judgement was given for the Plaintiff by consent of Parties, the judges being divided in it. Berisford and Cress' 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 jury to impeach the Plaintiffs testimony, that he was a common Liar, and so recorded Manner of utterance. in the Star Chamber, by which the Plaintiff gave him the less damage; in this Case the Court agreed, that the Action would not lie. Goldsb. and Brownl. 2. Case 164. Pasche 29 Eliz. An Action was brought for this, Thou dost harbour Harbour Rebels and Traitors. and maintain Rebels and Traitors; and it was adjudged to lie without this averment, that he knew them to be 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 spoke any such words; and the Plaintiff adds, that the King, & his Son Prince Charles were then in England; It was moved 1 That it was but the report of another, and not his own speech. 2 It is not showed, when the words were used, for it might be in the time of Q. Eliz. But it was adjudged, that the Action lies, for it shall be taken, he spoke 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 he cannot show 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 died seized of Land in Fee, and died 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 show any cause of loss, 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. Owen's Rep. 32. Pophams' Rep. 187. Case 167. Trin. 18 Jac. B. R. Action for these words; the Plaintiff alleged, That 1. April, 17 Jac. he was a Merchant, and the said 1. April, 17 Jac. the Defendant spoke these words of the Plaintiff, He 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 allege, 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 judgement, it was adjudged, the first words without any Averment, will not maintain an Action, and the last words do not prove any Felony committed, and the money may be taken away, and the Chest broken open upon pretence of Tithe, and in midday in the presence of divers, and then it is no felony. judgement was for the Defendant, and there this Case was put by Hobbard, Thou art a thief, for thou hast stolen away my corn, not actionable; but if he say, For thou hast stolen my corn. contra. Foster and browning's 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 speeches 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, he 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 me. Upon not guilty, it was found for the Plaintiff. And upon debate between the judges, 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) he 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 Counsellor, Where is this Counsellor, Innuendo, such a one, it is good. Adjudged for the Plaintiff. Trin. 13. Jac. in B. R. Baker's Case. Bulstrod. 3. part 72. Case 171. Action brought for these words. Sir Herbert Crofts keepeth men to rob me (the truth was, that the Defendant was rob by two of Sir Herbert He keepeth men to rob me. Crofts men) and upon this the Defendant spoke the words: But the Defendant doth not say, That he did keep them so to do. It was agreed by Cook Chief justice, and all the Court, that the Action would not lie for those words; for that there is done; and it is to be intended his keeping of them to be lawful; and the words [to rob me] 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 judgement was arrested, because the words were not actionable. Pasche 14. Jac. B. R. Sir Herbert Crofts and Brown's 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 sheep of J. S. upon a Communication had between the Defendant and another, touching the shearing of these sheep, the Defendant spoke 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? she answered, It was the Plaintiff and M. that did shear them (Innuendo, Felonice) it was upon Innuendo. motion, for stay of judgement 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 sheep (but not concerning the Felony) And it is not said, that she did know who did shear the sheep 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. judgement was arrested. Mich. 13. Jac. B. R. hely and Henders Case. Balstr. 3. part 83. Case 173. Hill 9 Jac. Rot 832. B. R. Action for these words, Thou art a Bankrupt Bankrupt Rogue. Knave. Thief. Rogue, and accounted a common Knave; and thou art a Thief, and hast stolen my Corn. Adjudged, the first words were not actionable, but the second were: but because the judgement was entire, and the damages entire; the judgement was reversed upon a Writ of Error 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 Manor. The Court was divided in opinion: For Montague, Chief justice, 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 stolen, no Action will lie for these words; but if he doth add these words, viz. for which thou shouldest be hanged; then an Action upon the Case will lie: and the precedent words are to receive construction by the subsequent words. Haughton and Doderidge, the Action will not lie; for the words here are uncertain, what manner of Writings they were; and they may be Words incertain. frivolous Writings, for which he ought not to be called in question; and no Indictment will lie for this Forgery, and then if he been not in danger of his ears, and so no Action will lie for these words, Curia advisare vult, for search of Precedents. And afterwards the Case was not moved again, but was ended by agreement between 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 me, in my Chamber, and put me in fear of my life; and he said, come, they will never be at quiet, till we have killed him: And he did bewitch a child of mine. It was adjudged, that the words were actionable in the Kings-Bench. And if one saith of J. S. That he 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, judgement was for the Plaintiff. Trin. 13. Jac. B. R. Rot 114. & 130. Lowes Case. But yet afterwards a Writ of Error was brought upon this judgement in the Exchequer-Chamber, and there holden by the judges, 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, He 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 lie 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 three Heifers, and the Defendant is supposed to answer to the question in Welsh, Whether Thomas Jackson stole them; if he 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 judgement, that the words in Welsh did not signify 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 joined 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 forbidden one to use his company, it shall not be intended of the French-Pox, and no Action lies. 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. Rot 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 Enchanter. The Plaintiff is a Witch, and an Enchanter, and hath bewitched the children of one Strong: And judgement for the Plaintiff; for though Witch is a word of malice, and familiarly used to old poor women, and therefore no Action lies; yet here it is coupled with a deed, 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. Rot 636. Huttons Rep. 13. Noys Rep. 22. Case 179. Gittings Plaintiff in the Exchequer against Redserve, Gittings is a Cozening Knave. cozening Knave, and so I have proved him before my Lord Mayor, for selling me a Saphire for a Diamond; the Action doth not lie: and by Manwood, if A. says of B. Thou art a cozening Knave, and hast cozened me of five hundred pounds; no Action lies, which the Court agreed. 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, etc. Felony, for taking money forth from John Spacies' pocket, and I will prove it. Henden moved in Arrest of judgement, that these words were not actionable. First, Because it is not any direct affirmative, that he is a Felon; and for that he vouched a Case (as he said) adjudged in the King's Bench, Masters, bear witness that he is a Thief. Bear witness he is a Thief. 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 trespass: For as one said, That he is a Thief, and stole his Timber, it is not actionable, for it might be Timber cut, or Timber growing: Theft about Apples, Timber, etc. So to say, That he stole his Corn, or his Apples, or his Hops: for in mitiorem partem verba sunt accipienda. And it seemed to the Lord Hobbart, that the first words, viz. (I charge thee with Felony) are actionable, for the Constable (if he 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, etc. prima fancy held, that the words were actionable, and not qualified by the subsequent words, as it should be, if he had said, For thou hast stolen my Appletrees 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 money, etc. 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 lie. 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 whereas Bankrupt. Trades-man. Merchant for Lead. he bargained & sold, that is to say, Merchandized for Lead in the County of Derby, and thereby hath acquired money towards his livelihood, the Defendant said of him, He 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 Sergeant Harvey, that the Action lay not, because that the Plaintiff shown not, that he used it as his Trade, nor that he gained his living by buying and selling; also he is entitled Gentleman; but the Court held, that the Action would well lie, and it had been adjudged 14 Eliz. that a Tanner shall have an Action for such words. Mich. 9 Jac. Huttons Rep. 46. Case 182. Hugh Meredith a justice of Peace in the County of Monmouth, Charge of Robbery indirect. Slander of a Justice of Peace. I will indict him for, etc. brought an Action upon the Case against Bonill for these words, I will have him hanged for robbing on the Highway, and for taking from a man, five pounds, and an horse; after verdict for the plaintiff, it was moved in arrest of judgement, 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 alleged 31 Eliz. in Nowel's Case, that to say of an Attorney, That he 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 incertain. 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 Sergeant at Law, and to the King, brought an Action upon the Case against one Brook, a justice of the Peace, and which had been Sheriff of Suffolk, and Count, that he for divers years last passed, had been one of the King's Sergeants, and had demeaned himself well and loyally in the discharge of his duty, and had gained good opinion, and had acquired by his practice 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 alleged 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 alleged as they were spoken, and that was indefinite. Secondly, the time is not material, unless the Defendant make it material by his plea, viz. when he was in giving evidence for the King against a Traitor, and then he repeated such words; or when that the plaintiff was frantic, and of that he intended, and so justify, there the time may come in question. 2 The second Exception was, that there is not any express 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 hearsay; and if one say, It is reported; etc. that will not bear Action, unless he justify 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 been adjudged in the Point, one between Johnson and Atwood, 8 Eliz. Thou hast spoken Treason, and I will hang thee for it, adjudged actionable. The other was between 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 he was a Fuller, and had used the Trade of Fulling, and thereby acquired his livelihood, and was of good Bankrupt of a Tradesman. A Fuller. credit etc. The Defendant said of him, Trust him not, for he owes me a hundred pound, and is not worth one Groat; and at another day he said, He is a bankrupt Rogue; and upon not guilty pleaded, the jurors 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 jury, having given entire damages, the Plaintiff should not have judgement 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; Go 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. june-kéeper, Go not to such an Inn, for he is so poor that you can have no good entertainment. Of an Attorney, Use him not, for he will cozen you, all these words are actionable, he will be a bankrupt within seven days; and for the other words, That he 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 King's Bench, between 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 Plaintiff. 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 do it; and upon not guilty pleaded, and verdict for the Plaintiff, it was moved in arrest of judgement, and it seemed to Lord Finch, Hutton and Vernon that the Action lay not, without showing, that she did act any Witchcraft, for which the pain of Pillory; and imprisonment for two years should been inflicted, and the second time Felony; and that the words, Thou art an Old Witch, or, Go away thou old Witch are usual words, and Old Whore bears no Action; and as to say, Thou shalt be hanged if I can do it, it is not possible that he could do it. But justice Crawley doubted of it at first, because that it was alleged, that it had been adjudged in the Kings-Bench, that an Action lies for calling one Witch; but afterwards he said, that he had spoken with the Witch alone not actionable. justices of the Kings-Bench, of their reason, who said, that they adjudged no such thing, unless that he 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 he could not have judgement. Hobb. Rep. pl. 382. 395. 399. Case 187. Pasche. 9 Car. 1. John Smith Townclarke of Southampton, sued Cornelius Slander of an officer, a Townclarke. an Attorney, who set forth he was Townclarke to the Mayor and Burgesses there, and was their Scribe, and had the keeping of their Rolls, Pleas, and proceed before them in their Court, etc. and Forgery. that the Plaintiff spoke 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 alleged, 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 be false, and no fault of his, unless he 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, he would kill all the true subjects of England, and the King too; and he is a maintainer of Papistry and Rebellious persons: The Defendant pleaded, that he spoke other words, absque hoc, etc. the jury found these words to be the words, I think in my conscience, if Sr. John Sidnham might, etc. and found all the other words Jury found other words. verbatim, etc. And it was adjudged for the Plaintiff, and the judgement affirmed in a Writ of error, and agreed 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 showed such favour to a Horse-stealer in the time of thy Constableship, that thereby both the Horse and Thief were conveyed away, and that it lieth 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 been 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 he not laid expressly, that the Plaintiff was Constable at the time of the speaking of the words. It is not material, for albeit he be out of his office, yet he ought not to be Slandered with any thing done in his office; as if a justice of Peace be 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 refer to a thing past, yet it doth defame him for ever, in the opinion of others, and will make him to be accounted unworthy to bear office again. Quod nota. Pasche. 7. Jac. B. R. Pridham against Tucker. yelverton's Rep. 153. Case 190. The Plaintiff declared, that whereas he was a Freeman of Wells, and did exercise the Art or Mystery of a Linen-draper within the same City, by the space of five years past, and by his credit, etc. had gained much, etc. by selling and buying, etc. That the defendant, the twenty eighth of July, Bankrupt of a Tradesman, Linen-draper. Anno quinto, etc. spoke 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, etc. 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 Linen-draper, but only by the space of five years past, to which Yeluerton 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 justice of Peace, he is a Briber, etc. He ought to show in an Action for these words, expressly in his Declaration, that he was a justice 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 be so precisely alleged, that at the time of the words spoken he was a Lawyer, Physician, Merchant, or Linen-draper, but it sufficeth to show that he is of such a Trade, and hath exercised it for divers years past, without saying (ultimo) Declaration, how, it must be that he was a Tradesman. etc. or (jam) elapse for a man shall not be 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 judgement 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 alleging. Quod per multos annos jam retro actos artem Merchandizandi videndi, et licite barganizandi exercuit et usus fuit, and judgement was given for the Plaintiff. Tuthill vers. Milton. Trin. 7. Jac. B. R. yelverton's Rep. 158. 159. Case 191. The Action was brought for this. Thou art an arrant Knave, for thou Accessary to Felony. Receipt of stolen goods. hast bought stolen Swine, and a stolen Cow, knowing them to be stolen; adjudged against the Plaintiff; for the receipt or sale of goods stolen is not Felony, nor will it make one accessary, unless it be joined 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 Manor that hath, bona waivata, meet with the Thief and the goods about him, and saith, you have stolon these goods, and he confesseth it and fly. Per Gawdie, Fenner et Yeluerton, Popham absent. Trin. 44. Eliz. B. R. Dawson's Case. yelverton's Rep. 5. Case 192. Brook against Montague, 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 he had committed Felony, and upon not guilty pleaded, it was found, that he was of council, with the Defendant in an Action, and that he, in giving of evidence to the jury spoke 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 agreed that so it will be 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 be 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 be 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 Churchwarden of a Parish, viz. Thou hast beguiled and deceived the Town [Innuendo, the Inhabitants of the Village of A.] upon Churchwardens. 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 cozening 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 between the Defendant, and J. S. such a day, in such a place, concerning a Marriage to be had between 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 Tailor, 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, etc. Upon not guilty pleaded, it was found for the Plaintiff, and moved in arrest of judgement, 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 conjoined by the Adverb, Tunc present. and in a Court there need 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 trespass against him, that one trespass Acccord pleaded pass 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 judgement 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 show it. Latch took exceptions Poison. to the Plaintiffs Declaration. Pleading in this Action. 1 That the words set forth, are not actionable, for it doth not express that the Plaintiff wittingly poisoned the Defendants Uncle, or that he did die of the poison, and cited Hobb. Rep. 8. Miles and jacob's Case, and 275. Fleetwood and Caveleys Case. 2 There is no Communication expressen in the Declaration to be of the Uncle, and it may be spoken of another Uncle, and the Innuendo will not help it, because he may have divers Uncles. Twisden answered, that it is employed in the sense of the words, that he poisoned him feloniously, and so consequently wittingly. And 3. He saith, that he will have him digged up, and so it must be intended; that he 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 he 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 Ask Justice agreed 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 Laurence, for speaking these Welsh words of him, viz. Dediagues Will. Rosse in Mudon, which are in English, William Rosse hath forsworn himself, upon issue joined, and Slander in another language. a Verdict for the Plaintiff, the Defendant moved in Arrest of judgement, that the words are not actionable, as they are rendered in English, Welsh. and so the Action lies 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 lie for them. Therefore let judgement be stayed. 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 judgement 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 needs not an express 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 shown. Styles Rep. 435. Case 198. Townsend brought an Action upon the Case against Barker, that had Cozening Knave. been a Copartner with him in Trade, for speaking these words of him, You are a cozening Knave, and did cozen me of twelve hundred pound at one time, and that was in making an account in the year 1648. Upon a Verdict for the Plaintiff, it was moved in Arrest of judgement, Trades man. that the words are not actionable, because, though they be spoken of a Tradesman, 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 he cannot been indicted for cozening in his Trade, by reason of them, because they are spoken of a singular and particular abuse, and not of a general cozening used in his Trade, and an Action of the Case lies 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 he may use his Trade, and so cannot be prejudiced. Nor are the words, that he cheated him, but that he cozened 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 judgement. Copartners in Trade. Roll Chief Justice; if the Co-partnership continued, the words were actionable without doubt. For than 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 he 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 cozen his own Partner; and we must countenance Trade and Traffic, and men's 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 keeping of a true account is the principal thing between Partners, Nicholas and Ask, Justices ad idem. Judicium nisi pro quaerenter. Styles Rep. 389. Case 199. Sir William Walgrave brought an Action upon the Case against Agur. Upon 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 not true Subject, and thine own conscience may accuse thee thereof. It was moved in arrest of judgement, that these words are not actionable, for no slander comes to the Plaintiff thereby; for perhaps the party served no man, but the Queen, 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 Queen's friend, are not actionable, for it might be they were Words incertain as to the person slandered. spoken in respect of some ordinary misdemeanours, 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 lieth, 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 justice of Peace, and Sheriff of Suffolk, and Captain of a Troop of a hundred and twenty horse, to attend the preservation of the Queen's person: So in respect of place and dignity in the Commonwealth, 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 me, and imprisoned move, 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 me 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 Bailiff of a Franchize, Thou didst execute false Officer slandered. Warrants, without saying, they were falsified by him, adjudged an Action did not lie, Wray 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 Bankrupt generally, Bankrupt no Action lieth upon it, but to call a Merchant so, is actionable. So to call one Papist, no Action lieth for it; but if one calls the Archbishop Papist. of Canterbury in, an Action will lie, for he is Governor 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 judge, an Action jyeth. 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 he been indicted of Trespass he is not a good subject. leonard's Rep. Case 469. M. 32 Eliz. B. R. Case 200. Mich. 1 Car. 1. Co. B. Sir John Isham a justice 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 showing, That he was a justice 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 Villain, and is neither Nobleman, Knight, nor Gentleman, but a most villainous Rascal, and by unjust means most villainously, Keeps Thiefs and Traitors about him. take other men's Rights from them, and keeps a company of Thiefs and Traitors to do mischief, and gives them nothing for their labour but base blue 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 judges held them actionable, but they all agreed none of the words could be actionable but those, He keeps a company of Thiefs and Traitors to do mischief. Croo. 2. 58, 59 and in Yeluerton. 64. Case 202. Pasche. 3 Jac. B. R. Sir George Moor's Case was this, That there being Slander of a Commissioner out of Chancery with Bribery. a Suit in Chancery between Richard King and two others, and a Commission by assent of the parties thereunto to him and three others, Ad examinandum testes, & audiendum & terminandum if they could, and if they could not to certify, etc. the Defendant said of the Plaintiff these words, Sir George Moor 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 Moor 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 Yeluerton 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 justice 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 lie, 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 Shoemaker. a Citizen of Gloucester, and had so been for twelve years, and all that time used the Trade of a Shoemaker; and that the Defendant said of him He is a Bankrupt Rogue; and it was adjudged for the Plaintiff. Croo. 1. 21. Case 206. Wicks versus Shepheard in the Exchequer. Pasche. 5 Car. 1. he set Loss 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 spoke this of him, He is a sharking Fellow, and getteth his living by deceit, and used himself violently to his Cozening. former Wife, and denied her necessaries, and is a needy Fellow, and his conditions are wicked; and for his Religion he is a Brownist; by reason whereof he lost his marriage. And it was adjudged for the Plaintiff, but agreed that it was by reason of his loss 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, Where is that lying thief thy Son, [Innuendo the Plaintiff] he hath murdered 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 alleged, 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 been a Merchant, and used the Bankrupt. Trade of a Merchant, that the Defendant speaking of him, said, to one Trades-man. Harris, He 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. Laurence sued Woodward for this, Thou didst Charge of Robbery. violently upon the Highway 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. Henly and Bayntons' Case, for these words, You have cozened the State of twenty thousand pound, and I will prove it, for you Cozened the State. have received five and twenty thousand pounds profits of the office, and not compounded for it, and have foisted in words into the order of your composition, and after a verdict for it, it was adjudged for the Plaintiff. Styles 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 thieving Whore, and a pocky Whore [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, he hath had Charge of Incontinency. two Bastards, and should have kept them, by reason of which words discord did arise between him and his wife, and they were likely to have been divorced: And it was adjudged against the plaintiff, for that he 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 she might kill him by physic, and it might not be Felony. Croo. 2. 306. Words general Case 214. Foxcrost brought an Action of the Case against Lacie, and declared, that Charge of Murder. whereas Lacie and four others were Defendants in a suit, concerning Conspiracies, etc. and that communication was moved between John Walter and Richard Gwyn Esquires, concerning the said suit, that the said Defendant Lacie upon the said communication in their presence spoke these words, These Defendants, meaning the Plaintiff, and the other six, are those that helped to Murder Henry Farrer, meaning one Henry deceased, who was murdered by one Thomas Gulfield, who was hanged for it, to the plaintiffs damage, etc. The defendant denyeth the words, and found for the Incertainty in the person slandered. plaintiff, and judgement given, error was assigned generally, that the judgement should have been contrary, but judgement 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 been especially named. hobart's 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 judgement was given for the plaintiff, and the Court took Information by Welshmen, what the word meant in English. And the like judgement in the Common-pleas, and upon the like form of Declaration, were found in search in the Common-pleas, between 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 Moor informed the Court, that judgement had been 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, etc. 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 judgement, the whole Court gave opinion Seriatim, that the words would not bear Action; for they do not affirm directly, that he did steal the Beasts, as if he had said that he 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 be, that the Warrant or Mittimus was for stealing expressly, as is the common form of making of the Calendar, of the Prisoners for the justices 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 King's Bench for these words, I will prove thee a thief, and a plotter of thievery, 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 incertain, Croo. 2. 202. and Yeluerton 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 Term; for it was true, that he had a limitation of such an estate by a Will, which was the reason why he spoke the words, yet because he 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. Edward's Case for these words, Thou art a Witch, and Witch. I will prove thee a Witch. And it was adjudged for the Plaintiff, Croo. 2. 150. Case 222. Mich. 3 Car. B. R. Turner's Case for these words, He [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 (He) 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 void for incertainty. Croo. 2. 101, 102. Case 223. Margaret Bliss, who was in remainder after an estate in , 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. Owen's Rep. 37. Case 224. Hill. 3. Jac. B. R. William Wiseman's Case. For these words, that the Defendant said, de praefato Querente existente fratri suo naturali, My Brother [praefat. Querentem Innuendo] is perjured. Upon not guilty Perjury. pleaded, and verdict for the Plaintiff, it was, after motion to arrest the judgement, adjudged for the Plaintiff. Although it were said, that the words be incertain, what Brother he 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 intent of whom they be spoken. For it was said, that he spoke the words of the Plaintiff, and the jury 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 he 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 jury 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 murderous Knave Stroughton lay in wait to murder me. 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 judgement 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 Father's Will; notwithstanding I have that to show in my house, that if his heir Elizabeth Gresham do not any such Act, as he hath done, it shall bring her to inherit Titsley. Sir Tho. upon this, sues the Defendant, And shows how his Father was seized Slander of a Title to Land. of the Manor 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 entered, and the Defendant to slander his Title, spoke these words before, and shown further how he had an intention to make a jointure to his Wife, and to pass divers parcels of the Land devised to him to his younger children, for their advancements, and that he was hindered 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 judgement 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 he was about to sell it, or has entered into any Bond, to make a jointure to his wife, which by reason of these words would not be accepted; and there ought to be some special matter showed, 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 he can show that which will bring him in Reversion to the possession; this is no slander of the Title, for the very Lease itself, 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 showing, 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 show any time certain, when Elizabeth shall have it, but indefinitely, and this shall be taken in meliori sensu. Yeluerton. 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 Fee of the Manor of D. and gave it to the plaintiff in tail, and that the Defendant was a Customary Tenant for life of a message, parcel of the said Manor. 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. agreed to give him five hundred pound, that the Defendant intending to hinder that bargain, and slander his Title, spoke these words, The late Earl of Arundel, Lord of the Manor 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 alleged 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 he spoke, when he said it to be a good Lease. And the words themselves imply, that he spoke them to countenance the Title of a stranger, which is not lawful; and now he cannot excuse himself by intituling of himself, when at the first the words did not import as much, and now he cometh too late to justify. 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 he was seized in Fee as a Coppy-holder Slander of a Title to Land. of Land in D. within the jurisdiction of the Defendants Court, and that the Defendant said, He had not any title to those Lands: It was found for the Plaintiff, And upon a Writ of Error brought, the judgement was reversed, because the plaintiff did not show, that by occasion of the words, he had any prejudice, as by any bargain of Inheritance, or Lease of the Land. And this Action is not maintainable, without showing a special prejudice. Croo. 1. part last published. 99 Case 228. M. 6. Jac. B. R. Vaughan versus Ellis. M. 6. Jac. B. R. Error of a judgement in the Exchequer-Chamber, in an Action of the Case for words, for saying, He is a Bastard. The Error assigned was, that the Action lies not for these words, without special cause shown that he was damnified by them; as to allege, that he was inheritable to some Lands, and that by reason of those words he is to have loss: And here it is shown 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 sum of money for his title, and by reason of those words refused to give him any thing. So it appears by his own showing that he hath not any present title, and therefore no cause of Action at all But the two chief justices conceived, that although he hath not any present Title, it appears he is by a possibility inheritable to those Lands, and being offered a sum of money for that possibility to join in the assurance, although he hath not any present title to the Land, yet by reason of those words he had a present damage, and in future might receive prejudice thereby, in case he were to claim any Land by descent. 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 verse. 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 be 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 lie for these words, Agnes Knight is a Witch; and Witch. by Dodridge these words, He hath four Children by his servant Agnes, alone are not actionable; but Whitlock contra. And by justice Jones it Incontinency. For saying one is a Bastard. lieth not for saying, One is a Bastard, and by him, it lieth 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 justices said, an Action would lie, 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 lie, because it was not averred there was any Robbery committed within forty Averment. miles, etc. 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 Manors, the Defendant said of him, He is a paltry Lawyer, and hath as much Law as a Jackanapes; upon not guilty pleaded, it was found against him, and damages twenty pound. And it was moved, and the Action lieth not; for it is not said, he had no more Law than a jackanapes, but it was adjudged for the Plaintiff, for the words are scandalous, and touch him in his profession. Croo. 1. last published. 342. 9 Case 235. Action for these words, Thou art a forsworn Jack in the Courtbaron Charge of Perjury. of D. thou hast sworn me out of twenty shillings rend, and hast me on thy side; adjudged that the Action lay, and the Plaintiff recovered. Croo. 1. last published. 342. 10. Case 236. Action for these words, There was never a Purse cut within twenty Charge of Theft. Cut purse. miles of Wellingborough, but thou hadst thy part in it; and avers, that such a Purse was cut, etc. and he had no part in it. And it was moved, that an Action lieth 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 loss, 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, Sergeant Yeluerton 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 blood; and ruled, that an Action did not lie. 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 published. 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. Upon 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 alleged, that the Averment. words were spoken to I. B. his Son, and it was adjudged for the Plaintiff. Croo. 1. last published. 143. 11. Case 238. Action for these words, Many an honester man hath been hanged, and Charge of Felony. Indirectly. a Robbery hath been committed, and I think he was at it, and I think he is a Horse-stealer; it was moved after verdict, that an Action lieth not without an express averment he was so; Curia contra, they are great Averment. slander, if the Defendant showeth not a good cause of his thinking; and it was adjudged for the Plaintiff. Croo. 1. last published. 148. 20. Case 239, Action upon the Case was brought for these words, Thou art forsworn, and I will make thee flower the Pillory, or else it shall cost me a hundred Charge of Perjury. pound, Et per totam curiam, an Action lies 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 be intended in judicial proceeding; and this difference hath been allowed of, quod curia concessit; but to say, he was forsworn in such a Court, or betwixt such Parties, an Action lies; wherefore it was adjudged for the Defendant. Croo. 1. part last published, 394. 20. Case 240. Action for these words, One told me that he heard one say, that Mistress Charge of poisoning husband by Report. Meggs had poisoned her Husband, Ubi re vera nullus dixit, etc. and upon not guilty pleaded, it was found for the Plaintiff; and now alleged in Arrest of judgement, that an Action lies 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, etc. Croo. 1. part last published. 400. 7. Case 241. Action for these words, Thy Father (Innuendo, the Plaintiff) hath Charge of theft stolen six sheep. The Defendant justifies, and issue taken thereupon, and found for the Plaintiff, and it was alleged in arrest of judgement, that the Declaration was not certain nor sufficient to show, that he spoke those words of the Plaintiff; for it is not averred that he spoke 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 justices (besides Declaration. Gaudy) that the Declaration was not good; for it cannot be intended to be spoken of the Plaintiff, more than of any other person, unless it had been averred, that his Son was there present: And although the Defendant by his plea confesseth, that he 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 he could not have said, thy Father. But notwithstanding it was adjudged for the Defendant. Croo. 1. last published. 416. 11. Case 242. Action upon the Case, whereas he was seized of the Manor of Upton Slander of a Title. Grey, that the Defendant, to slander his title, spoke 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 judgement. First, Because he doth not show what estate he had therein; for it may be that he hath it but per anter vic, and then Cestuy que vic being dead, he hath not any title, he ought also to recover his damages to his estate, etc. 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, he needed not show what estate, etc. 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 he granted it unto him to be his Steward, and that he was seized of the Manor of D. and requested him to keep his Court there, and he refused, etc. And exception was there taken, because he shows not of what estate he 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 show his intent, what he 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 been otherwise, wherefore it was adjudged for the Plaintiff. Croo. 1. part last published. 419. 14. He hath deserved hanging. Case 243. Action for these words, J. Halland (the Plaintiff) will come home again, if he escape the Gallows, for he 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 intent, that he deserved hanging, although he never committed any Felony; wherefore it was adjudged for the Defendant. Croo. 1. part last published. 470. 30. Case 244. Action for words, and declares, whereas he was a Merchant, That the Defendant to discredit him, said to one Dudley, Doth Vauspike (the Bankrupt. Plaintiff) own you any money? to whom he said, that he did, he 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 published. 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 judgement, that the words were not actionable; for it is not any direct affirmation, that he poisoned his Aunt, sed non allocatur; Indirect. for it cannot be more direct, when he saith, he will call him in question, and maketh no doubt to prove it. Secondly, It was alleged, that the Action lies 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 he never did any such fact: as to say, that he was perjured in this Court, although he never were sworn, is actionable; wherefore it was adjudged for the Plaintiff. Croo. 1. part last published. 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 he had Charge of Forgery. forged such an Obligation in the name of Wendy, the issue de son tort demesn, etc. and found for the Plaintiff; and now moved, that an Action lay not for these words; for he doth not show 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 lieth not, for that may be upon false instructions. Secondly, It was alleged, that this issue was not good; for there being a special forgery alleged, 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 published. 607. 7. Case 247. Action for these words, which the Defendant spoke to one Gurney, Bring me to the Constable's house, for I am rob this night; and bring Charge of Robbery. me to Bonaventure Theobalds' house, to arrest him, for old Theobalds' (Innuendo, the Plaintiff) setteth his Sons to rob me (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 judgement, that the words were not actionable, because it is not alleged, that any of Anthony's Sons rob 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 been adjudged in this Court, that one such lay in wait to murder me, etc. Wherefore it was adjudged for the plaintiff. Note, error Endeavour to do it. was hereof brought, because it is not precisely affirmed of the plaintiff. But it is said old Theobalds', and he 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 Physician, that the Defendant, intending to defame him and to prejudice him in his Art, falso et malitiose, spoke of him these words, Mr. Po (innuendo the Plaintiff) hath Slander of a Physician. killed Mr. Pasfield of the old Jury with Physic, (quidam Johannem Pasfield, late inhabiting within the old Jury, and now deceased; innuendo) which Physic was a Pill, and the Vomit was found in his mouth, and D. Atkins and D Paddy (quosdam Henricum Atkins & Johannem Paddy Doctors in Physic, (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 Administered any Physic unto him in Pills, or otherwise, etc. The Defendant pleaded a concord in Bar, which plea was ill pleaded, (as it was agreed on both sides) whereupon the Plaintiff demanded. And now Cook Attorney general moved, that an Action lay not for these words, for it is not any slander to a Physician, to say of him that he had killed one with physic, 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 Physician, to say that he killed one with physic, 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 Patient's death, and yet no discredit unto them. But if it had been, that he scienter et voluntary ministered Physic to one to kill him, that toucheth him in his profession, and the words had been Actionable, but not here. And although it be said, that he never administered any physic unto him, that is not material, wherefore they, without any argument on the plaintiffs side, (Clinch repugnate et Gaudy absent) adjudged it for the Defendant. Croo. 1 last published. 620. 9 Case 249. Action upon the Case, for that he spoke quaedam scandalosa verba of the Plaintiff, tenor quorum sequitur in haec verba, thou art a Cozening Knave, and a Bankrupt, vel his similia, the Defendant pleaded not guilty, and found for the plaintiff, and judgement uttered for him without privity of the Bankrupt. 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 Cozening Knave. adjudged in Garters Case; it is not good also, for that it is said, that he spoke divers words, tenor quorum sequitur, wherefore it was commanded, that the Roll should be amended Croo. 1 part last published 654. 52. Case 250. Action for words, viz. The Plaintiff was one of them, that broke Mr. Philip's house, and did take and carry away part of the money that was stolen. Walmsley held, that an Action lay not for these words, for where Charge of Burglary. words are ambiguous, so as they may be expounded in good or ill part, no Action then lies, for they shall be expounded in the best sense, Incertainty in the words. and it may be here intended, that he broke the house upon just cause, and brought the money to another place upon just cause. Wherefore, etc. And so was the opinion of the other justices Croo. 1. part last published 672. 33. Case 251. In Croo. 2. 144. This Action was adjudged to lie upon a Demurrer, for this, Thou art a Leprous Knave. Taylor and Perkins. Hill. 4 Jac. Leprous Knave. B. R. See 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 published. 11. And yet in Trin. 26 Eliz. B. R. in Smith's Case, the Court was of opinion, that for these words, Thou art a Knave, and a Pillory Knave, no Action lieth. Croo. 1. part last published, 31. And in Pasche. 26 Eliz. Co. B. an Action was adjudged to lie 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 published. 26. Case 253. Action for this, Thou wert a Suitor to a Woman in Southwark, and didst cozen her of her goods, and procured certain false Witnesses to be Charge of cozening. 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. published, 99 Case 254. Action for these words, Thou hast used Juggling with me, but thy Juggling Charge of Juggling, 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 published. 178. Case 255. Action for these words, She is as very a Thief as any that robbeth by the Highway side; upon not guilty, the jury found these words, She is Charge of theft indirect. a worse thief than any that robbeth by the Highway side. And the Court held in both Cases, the words are actionable. But Gawdy and Fenner held, that the words do not agree with the Declaration, for the jury do not Verdict. find, that the Defendant at the time mentioned in the Declaration, spoke the words in the verdict, so that it may be he spoke them at several times, and it differs from Bridge's Case, Dyer, 3. Mar. where the jury found he spoke part of, but not all the words, for there they did acquit him of the residue, and the words are not of one sense. Wray 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 published. 224. See before Case 168. Case 256. Action for these words, I have served thee with the Queen's Letter, for Charge of theft by implication, or indirect. stealing of goods out of my Mother's house. Upon not guilty, and verdict for the Plaintiff, it was adjudged, that the Action did not lie for the words, for he saith not expressly, that he had stolen the goods, but that he served him, etc. which may be thought he did not steal them, so it is only a charge by implication. Periam cited a Case of one Nowell 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 published. 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 Tailor, and that upon the day of, etc. he delivered to him a yard and a half of Velvet to make him a pair of Hose, and he Pleading. Traverse. made them too straight, Ratione cujus, he spoke these words, Thou hast stolen part of the Velvet which I delivered thee, Absque hoc, that he spoke any words aliter, vel alio modo, upon which the Plaintiff demurred. For the Plea and Traverse do not confess any words of slander, and then the Traverse is merely 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 alleged in the Plea, for he did not answer to the words, Thou hast stolen my Cloth; and it was adjudged for the Plaintiff. john's and Gittins. Trin. 33. Eliz. B. R. Croo. 1. part last published. 239. Case 258. Action for these words, Thou art a forger, and art sued in the Star-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 judgement, it was adjudged for the Plaintiff, albeit he did not say, what thing he forged; and how he was sued, for it might be without cause. For when he 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 he saith, He is sued, etc. this doth aggravate it, that he did such a Forgery, as for which he is suable there. Monday and Cordall. Palche. 35. Eliz. B. R. Croo. 1. part last published. 296. Case 259. Action for this, He was falsely forsworn in the Court of the Bishop of Charge of Perjury. Certainty. Exon, at Exon. It was moved in arrest of judgement, it doth not appear, he was sworn in any judicial Court, for it may be in the Bishop's yard, called his Court; yet the Plaintiff had judgement. Lee and Secombe. Pasche. 35. Eliz. B. R. Croo. 1. part last published. 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 me away, because I would not be Charge of a Justice of Peace. with vain words a Papist, for he will keep no Servants but Papists; and alleged, that he was a justice of Peace. Upon Demurrer, the Court held, that the Action did not lie for these words. Perepoints Case. Mich. 35. & 36. Eliz. B. R. Croo. 1. part last published. 308. Case 261. An Action was brought by an Alderman, and a Merchant in York, for Charge of cozening upon a Merchant. these words, He is a false Knave, and keepeth a false Debt-book, for he chargeth me with the Receipt of a piece of Velvet, which is false. After a Verdict for the Plaintiff, upon not guilty pleaded, and a motion to arrest the judgement, it was adjudged, that the Action lies not for the words. And against the Plaintiff. Brook and Watson. Trin. 37. Eliz. B. R. Croo. 1. part last published. 403. See afore Case 142. 143. 198. 326. 327. 329. Case 262. Error of a judgement in an Action, for these words, Thou art a prigging, Prigging pilfering Merchant. pilfering Merchant, and hast pilfered away my goods from my Wife and Children, that the words were not actionable. And the judgement was reversed for this cause. Charter and Hunter. Mich. 37. & 38. Eliz. B. R. Croo. 1. part last published. 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 Thief, 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 published. 428. See after. 304. 305. 333. 341. 346. Case 263. Action for this, was brought by a justice of Peace, He is a Bloodsucker, Justice of Peace slandered. Bloodsucker. and seeketh others blood. Upon not guilty pleaded, and a Verdict for the Plaintiff, it was moved in arrest of judgement, and adjudged for the Defendant against the Plaintiff, and that the words were not actionable. Sir Christopher Hylliard, and Constable. Croo. 1. part last published. 306. 433. Case 264. Action for these words, spoken of one that was rob of pieces of Cloth, Charge of concealment of a Theft, and the Thief. He hath received three pieces of his Cloth again of the Thief, and beareth with the Thief: 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 published. 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 judgement, for that the words were not actionable, it was resolved the words were actionable, and adjudged for the plaintiff. Croo. 1. part last published. 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, etc. And all the justices held that the words were actionable. Mich. 38. and 39 Eliz. B. R. Wild and Cookman. Croo. 1. part last published. 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 Exeter. 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 published. 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 judgement accordingly. Case 268. Action for this, Thou hast stolen 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 published. 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 Queen's friend, nor a true Subject; it was adjudged that the words were not actionable; and said to be adjudged not to lie for this, He is not the Queen's friend. Fowler and Aston. Hill. 34. Eliz. B. R. Croo. 1. part last published. 268. Case 270. Action for this, What art thou? a Bankrupt, and waste a Bankrupt. Bankrupt. Declaration. By way of interrogation. And the Declaration was, quod cum fuit Mercator per magnum tempus, etc. and saith not, he 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, etc. Jordan and Lyster. Pasche. 34. Eliz. B. R. Croo. 1. part last published. 273. See Croo. 1. 205. Collies and Malin, where the Plaintiff said, that he had used the Trade of buying and selling of per magnum tempus, but did not say, he 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 Shoemaker, and one that used buying and selling of Leather, He was a Bankrupt. And it was adjudged it did lie, Bankrupt. albeit he were no Merchant, but he got his living by buying and selling. Stanley and Osbaston. Hill. 34. Eliz. B. R. Croo. 1. part last published. 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 rob Shotbolt, and bid me compound with Shotbolt Scandalum Magnatum. for the same, and said, he would see me 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 Error brought in the Exchequer-Chamber, and Error assigned in the point adjudged. Croo. 1. part last published. 67. Case 273. Action for this, said to one newly sworn as a witness in a Court, as he Charge of Perjury. is coming out of the Court, Thou hast forsworn thyself. And it was adjudged actionable. Nedham and Corsellis. Hill. 35. Eliz. B. R. Croo. 1. part last published. 293. See Croo. 1. 209 Drake and Cordery. Case 274. Action for this, He is a suborner of Perjury. After Verdict and Motion Charge of subornation of Perjury. to arrest the judgement, it was adjudged for the Plaintiff. Guerdon and Winterflud. 35. & 36. Eliz. B. R. Croo. 1. part last published. 308. See here. Case 298. 315. Case 275. One spoke of the Bishop's 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 lie. And Inimicus meus was incertain, unless it had been averred, that he was then the Plaintiffs enemy, and he had no other enemy; or that there was speech about the Plaintiff in particular; and there said to be adjudged. That where three were sworn in an evidence against a man, and he 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 published. 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 judgement; and brought his Writ of Error, and assigned Error that the words were not actionable. And the judgement was hereupon resolved. Brown and Michael. Mich. 38. 39 Eliz. B. R. Croo. 1. part last published. 500 See after Case. 287. Case 277. Action for this brought by a Preacher, the Parson of D. Parrot [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. Parrot and Carpenter. Mich. 38, & 39 Eliz. B. R. Croo. 1. last published. 502. See Croo. 2. 625. See before Case 14, 20. 42. 76. and after Case 288. 293. 324. Case 278. Action by a justice of Peace for this. One Webb being Arrested as accessary Justice of Peace slandered. of Felony for stealing of his own goods, Mr. Stafford [Innuendo the Plaintiff] knowing thereof discharged the said Webb, by an agreement of three pound, whereunto Mr. Stafford was privy, 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 published, 536. See 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 published. 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,; He is a Fool, and an Ass. 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 published. 589. Case 281. An Action was for this, I arrest you for Felony; and the Court seemed 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 published. 563. Case 283. Action for this, I will call him in question for poisoning my Aunt, and I Charge of Murder indirectly. Averment. make no doubt to prove it. After verdict and motion to arrest the judgement, 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 published. 569. See Case 217. before, and 245. 299. Case 284. Error of a judgement in the Common Bank for these words, Thou art a forsworn Fellow, for by thy false Oath thou hast hanged as true a man as Charge of Perjury. thyself; and the error assigned was because the words were not actionable; it was adjudged that the words were actionable, and the judgement 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, etc. for that it may be they were spoken in another Language, etc. sed nec allocatur, for it shall be intended they were spoken in English. Bate and Rookwood. Trin. 39 Eliz. B. R. Croo. 1. last published. 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 Cozening Knave, and gettest thy living by Extortion, and didst cozen 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 Cozening Knave, it lies not, nor for the next, thou gettest thy living by Charge of cozening. Extortion, no more than for saying, thou gettest thy living by swearing and forswearing, etc. As in the Case of Stanhop, but for the last words that the Action did lie; and it was adjudged for the Plaintiff. Stanley and Boswell. Hill. 40 Eliz. Co. B. Croo. 1. last published. 602. And in Croo. 2. 586. Jenkins and Smith. Mich. 18 Jac. B. R. It is adjudged to lie for this, said of him, Thou art a false Knave, and a cozening Knave, and hast gotten all that thou hast by cozenage, and thou hast cozened all those that have dealt with thee. Case 287. Action for this, The Plaintiff was Perjured in his Answer in the Star-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 void; and it was adjudged for the plaintiff. Innuendo. Corbet and Hill. Pasche. 40. Eliz. B. R. Croo. 1. last published. 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 published. 907. See the like in Croo. 1. 234. Sir Richard Snowds Case, See 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 published. 684, See Case 277. before. Case 289. Error of a judgement in an Action of the Case, for words of Master Bridges, He is a maintainer of Thiefs, and keepeth none but Thiefs in Charge of maintaining Thiefs. his house, and I will prove it, etc. 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 published. 746. See before Case 264. 159. 164. 171. 201. and after Case 345. Case 290. Error of a judgement for an Action for these words, Mistress Margaret Passy [Innuendo the Plaintiff] sent a Letter to my Master, and therein willed Charge of endeavour to poison. him to poison his Wife; for that the words are not actionable. But the judgement was affirmed, and held that the words were actionable. Croo. 1. part last published. 747. See before Case 109. 148. 160. And after Case. 335. Case 291. Action for this, by a Jailor, 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; he had not a sheet to his bed, before he 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 published. 783. Case 292. Action for this, Whereas he was indicted, arraigned, and acquitted of Slander of a Justice of Peace. such a Felony, before the justices of the Peace, of the County of Norfolk, that the Defendant said of him, If Mr. Hasset, and one A. [justice 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 published. 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 lain with me seven years since, and I would not, unless she would go to the hedge. And it was alleged, that she 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 judgement, for that the words were merely spiritual, and punishable in the spiritual Court. And that an Action lieth not for calling of one Whore, or Heretic, by our Law. But they held, if the words had been spoken to him, who was in communication Loss of Preferment. to have married her, so as it had appeared he had done it purposely to hinder the marriage, as in Anne Davis Case, the Action is maintainable for the loss; and in this Case it was adjudged against the Plaintiff. Holwood and Hopkins. Mich. 42. Eliz. Co. B. Croo. 1. part last published. 787. See Case 277. Case 294. Action for this, Thou art forsworn in the Carpenter's Hall, and didst Charge of Perjury, of cozening. rob the Hall, and deceive the Company of twenty pound. And he set forth that the Company was a Corporation, and he Master of the Company, and had the goods and money 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 judgement. Thaxby and Smith. Mich. 42. Eliz. Co. B. Croo. 1. part last published. 787. Case 295. Action for this, Thou art a Bankrupt Knave, a Vagabond, and a Rogue. It was held by the Court clearly, that it lies not for Vagabond Bankrupt Knave. Vagabond Rogue. and Rogue. And of Bankrupt Knave, it is doubted. Robbinson and Mellor. Trin. 43. Co. B. Croo. 1. part last published. 843. But afterward in the Case of Wolverston and Meres. Mich. 44. Eliz. B. R. It was adjudged to lie for saying of a Merchant, He is a Bankrupt Knave, and affirmed in a Writ of Error. Croo. 1. part last published. 911. And in Croo. 2. 345 Selby and Carrier. Action was for this, He is a Bankrupt Knave, and upon not guilty, a verdict, and motion to arrest the judgement, 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 judgement was given for the Plaintiff. And yet see Croo. 2. 585. Squire and john's. It is adjudged to lie, for saying of such a one, He is a Bankrupt 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 huddling and shuffling up of matters this year, as he had the last year, It was adjudged, that the words were not actionable. Brown and Street. Mich. 43. Eliz. B. R. Croo. 1. part last published. 848. Case 296. An Action was brought for words, and the Plaintiff declared after Declaration. Incertainty. this manner, that the Defendants Wife spoke of the Wife of the Plaintiff, Quaedam falsa & scandalosa verba, quorum tenor sequitur in haec verba, Thou art an arrant Whore, etc. And the whole Court held the Declaration ill. The words were, Thou art an arrant Whore, an old wormeaten Jade, and one of thy sides hath been eaten out with the Pox. And the Court held them actionable. Croo. 1. part last published. 857. See before Case 249. Case 297. Action for this, said of an Attorney, He is a paltry fellow, his credit Slander of an Attorney. doth begin to crack, he doth deal on both sides, in Com. B. And judgement was given for the last words, He doth deal on both sides. And affirmed in a Writ of Error, in B. R. Mich. 45. Eliz. B. R. Croo. 1. part last published. 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 Error after judgement for the Plaintiff, it was held by all the judges, 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 published. 899. Case 299. An Action was for this, He was indicted for Felony at a Sessions held He was indicted of Felony. Averment. at _____ And did not aver that he was not indicted; and judgement was stayed 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 stolen, and common fame was, that the Plaintiff had Justification. stolen it, and upon this he informed against him to a justice of Peace, but before the justice he used these words to the Plaintiff, Thou didst steal etc. whereupon the Plaintiff demurred in Law. And it seems the justification 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 he had done, all which he charged him to do for vain glory, for which he was punished in the Star-chamber. But it seems no Action will lie 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 money out of the pocket of Henry Stacy. A verdict for the Plaintiff, yet judgement was given against him, and the words held not actionable, for it is no direct charge, and the latter words make them ambiguous, and qualify 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 he being of Counsel with the Defendant, in an Action of the Case, for saying, the Plaintiff had murdered 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 press 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. Hugh's Case. Hobb. pl. 399. Case 304. Action for this, Thou art a Thief, and hast stolen 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 judgement was cited in the King's Bench. 7. Jac. given for the Plaintiff, for this, Thou art a Thief, and hast stolen Trees out of J. S. his Orchard, etc. Hobb. Rep. pl. 98. Adrian Coote. Co. B. See after Case. 333. Case 305. Action for this, Thou art a Thief, and hast stolen twenty load of my Charge of stealing Fur. Furs. Upon not guilty pleaded, and a verdict for the Plaintiff, and motion to arrest it, and divers judgements cited in the King's Bench. And for this, Thou art a Thief, and hast stolen my Corn; that judgement was given for the Plaintiff, yet judgement 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, He is a common Barretor. Common Barretor. The Court was of opinion, the words were not actionable; and yet for an Officer, justice 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 Thief after a general or special pardon. justify the calling of another Thief, that had committed a Felony before the pardon; and therefore that an Action will lie 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 justify 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 justice, but so it is not to call him Thief, for that is neither necessary, nor tending to advance justice, Hobb. pl. 71. and 106. Case 308. Action for this, that he being Bailiff to A. for three years' last passed, of Charge of cozening. his Land in C. and had the selling of his Corn and Grain, and that the Defendant said this unto him, Thou art a cozening Knave, and thou hast cozened me 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. Upon not guilty, and verdict for the Plaintiff, it was notwithstanding adjudged against him, but held that if he had been a common Ridder, or Badger, and charged to sell by false measures, this had been actionable. And so perhaps, if I have a Bailiff, to whom I commit the buying and selling of my Corn, and I give him the greater wages in respect of the trust and employment, 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 Bailiff in great trust with him, and thereby got his maintenance, that the Defendant to disgrace him said, Thou art a cozening Knave, and hast cozened 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 alleged in the Declaration to be spoken to the Son, etc. 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 Eton and Ayloff, Croo. 1. 78. Co. B. The Court declared, Cuckold. Wittol. Quean. Hedge-Priest. Cuckoldly Knave. Cheating Knave. That this Action will not lie for calling of one Cuckold, or Wittol, or saying, That he had lain with the wife of A. Quean, or tainted Quean; or for saying of a Parson, He is a Hedge-Priest. See Croo. 1. 247. Gobbets Case. That it lieth 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 between 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 stolen such goods, and she [Innuendo the Plaintiff was privy and consenting thereunto; after verdict for the Plaintiff, it was moved in arrest of the judgement, for that it is incertain 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 she 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 go unhanged; adjudged for the Plaintiff that the Action lies. Croo. 1. 166. Case 313. Action for this, He was arraigned at Warwick for stealing of twelve He was arraigned for stealing, etc. Hogs, and if he had not made good friends it had gone hard with him. Ubi re vera, he was never arraigned, nor questioned for any Felony; it was held by all the judges seriatim, that the words are actionable, and it was Averment. after verdict, and motion to stay the judgement, adjudged for the plaintiff. But that if the words were, Thou wert arraigned for two Bullocks, or perhaps if the averment had not been 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 etc. Averment. Robbery committed on I. S. with an averment, that he never was in any Gaol for Felony. See 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. haly 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 published, 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, He is in Warwick Gaol for stealing of a Mare, and other Beasts; and after verdict and motion to arrest the judgement, it was held by all the judges 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 Bishop's Case. See 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, etc. spoke thus; Southold hath been in bed with Dorchesters' Wife, whereby he lost his marriage; after a verdict for the plaintiff, and motion to arrest the judgement, it was held that the words were actionable, because of his loss, and the plaintiff had judgement. Southold and Daunston, Croo. 1. 195. See the like Case adjudged between Hawkins and Bilhead, 11 Car. B. R. Croo. 1. 292. And the like Case for a Widow, for slanderous words spoken of her, whereby she lost her Suitor. Dame Morrison and Cade. Croo. 2. 162. And again, 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 justice Charge of Theft. of Peace; and falso & malitiose said before him, that he charged her with Felony for stealing of a Hog from one H. and required her to been bound over, etc. and it was adjudged for the plaintiff. Manning and his Wife, and Fitzharbert. Croo. 1. part 1. 97. See Croo. 1. 116. Topsall and Edward's 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 judgement, it was adjudged for the defendant for the incertainty of the Incertainty. words. Stirley and Hill. B. R. Mich. 8 Car. Croo. 1. 206. See before Case 275. Case 318. Action for this, said in London, He is a Pimp, and a common Pimp, Pimp. Common Pimp. and notorious, which he would justify. After verdict for the Plaintiff, upon a motion to arrest the judgement, it was stayed. Croo. 1. 286. Dymock and Fawcer. B. R. Case 319. Action for this, She is a Witch, and a strong Witch; after verdict for Witch, and strong Witch. the Plaintiff, upon motion to arrest the judgement; 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 judges held, that the Action will not lie for calling of one Witch, without alleging 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 me, 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 shaghaired murdering 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 judgement, it was stayed, until etc. Croo. 1. 233. Broxon and Dagger. 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 child, Charge of Incontinency. the Defendant speaking of it, said, That he, Innuendo, the Plaintiff, is the reputed Father of it; and upon not guilty, and a verdict for the Plaintiff, he had judgement in the Common Bench. And a Writ of Error was Spiritual Slander. brought, and it was reversed, and held, that the words are not actionable, unless he 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, He is a Bastard; and it was held actionable, For calling of one Bastard. without averment of any special damage. And a judgement affirmed in a Writ of Error, was cited in the Case. Croo. 1. 337. Humfreus 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 he was offered some considerable recompense, and by this slander lost it: the words were adjudged actionable, and the judgement 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 Freeman, and Tradesman in London, Charge of couxening on a Tradesman. 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 he was a cheating Knave, Charge of cozening upon a Merchant. and had cheated his Father by returning twenty pound for wares, etc. 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 Thief. Welsh Jade. Welsh Rogue. Welsh Whore. that this Action will lie, for calling one Welsh Thief; but not for calling of one, Welsh Jade, or Welsh Rogue, or Welsh Whore. Croo. 1. 329. Case 329. Error of a judgement in the Common Bench, for this, Thou art forsworn in a Court of Record, and that I will prove. And judgement Charge of Perjury. there given for the Defendant; it was reversed, the words held actionable, and judgement 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, He 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 Error, brought into the King's 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 Plaintiff Innuendo] upon Charge of murder. not guilty, it was found for the Plaintiff, and moved in Arrest of judgement, that the words were not actionable, because it was not shown, that the wife was dead, nor how she was killed, nor that she was violently killed. But it was held, the words were actionable; for where it is said nuper his wife, it shall be intended she 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 he was a Deputy Clerk under a Register to an Archdeacon, and received divers Fees 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 He is a base cozening Knave, he is a Cheater, and hath cozened 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, he spoke, etc. Thou art a Thief, and hast stolen my corn. After verdict, and motion to arrest the judgement, it was held by the Court, 1 That the Declaration was good in presentia, etc. albeit it may be Declaration. some of them might not understand the language. 2 Albeit it be said, that he spoke the words of the Plaintiff, Thou, etc. 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 thievish Knave, and hast stolen 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 judges, 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 stolen my wood. It was demurred in Law, Theft of wood. whether the Action lay, and adjudged without Argument for the Plaintiff. Lo and Sanders. Trin. 5. Jac. B. R. Croo. 2. 166. Action for this, Thou art a Thief, and hast stolen Master Saint George his Tree. It was adjudged for the Plaintiff after verdict, and motion to arrest the judgement. Minors and Leeford. Hill. 3. Jac. B. R. Croo. 2. 114. Action for this, Thou hast rob the Church [Innuendo, the Church of Theft of Lead. St. Alphage: and thou hast stolen the Lead from the Church, Innuendo, the Church of St. Alphage aforesaid, upon not guilty pleaded, it was adjudged for the Plaintiff, two judges being against the judgement. Benson and Morley. Pasche. 5. Jac. B. R. Croo. 2. 153. Action for this, Thou hast stolen 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 stolen 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 justice 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 lie. 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 suspicion of Felony, and afterwards sent J. D. to him, to give him warning thereof, that he 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 he had upon Articles exhibited, bound another to appear at Sessions, etc. That thereupon he spoke thus, By your means I had wrong at the Sessions, for you caused Hickman to swear against me, 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, He 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 published. 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 judgement, 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 jury, it was well enough; and it was adjudged for the plaintiff; and there this Case was said to be adjudged, Endeavour to Murder. That murderous Knave Stroughton lay in wait to murder me; and one Tho. Stroughton sued upon them, and had judgement, after upon not guilty he got a verdict for him. Croo. 2. 107. Wiseman and Wiseman. Hill. 3 Jac. B. R. See Case before. 275. Case 336. Action for this the Defendant, Hec falsa & scandalosa verba sequentia dixit, & publicavit, (viz.) Mr. Price, you do my Lord Burleigh wrong, that you do not apprehend Jeremy Johnson [Innuendo the Plaintiff] for a Felon, and seize his goods, for he [Innuendo the Plaintiff] hath stolen 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 alleged in the Declaration, or writ, to be spoken of the Declaration. Plaintiff, but only in the Innuendo; and the Innuendo, without an express allegation that the words were spoken of the plaintiff, will not maintain Innuendo. the Action. Johnson and Sir John Aylmen. Croo. 2. 126. See 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 judgement. Colomes' case. Croo. 2. 204. See before Case 259. Case 338. Error in the Exchequer Chamber, of a judgement given in the King's Bench for this, Thou art a Witch, and that I will prove, I have seen thy Imps About Witchcraft. or Spirits in the night, & thou didst unbewitch my child. judgement being given that the words were actionable, it was assigned for error, that it lay not, and of that opinion were all the justices and Barons. For to say, Thou art a Witch, hath been often adjudged not to be actionable, and the additional words are but matter of Fancy, etc. wherefore the judgement 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 judgement, that the words be not actionable, for they are too general; and of that opinion was all the Court (absent Montague) and gave Rule that judgement should be entered for the Defendant. Hawks and Awge. Pasche. 17 Jac. B. R. Croo. 2. 531. See Croo. 2. 600. Martin and his Wife, and Studling. M. 12. Jac. B. R. the like opinion of the judges, 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; go 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 Exchequer Chamber that the words were not actionable. All the judges and Barons agreed, that the words are very slanderous, and tant amount, as, I do charge thee with Felony, wherefore the judgement I do 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 judgement in the King's Bench in an Action for these words, Thou art a lewd Fellow, thou didst set upon me by the Highway, 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 he took it in jest, or for some other cause, and it is not any direct slander; and of that opinion were all the judges and Barons, wherefore the judgement was reversed. But for this, see before, Case 302. 315. Case 340. In the Case of Jacob and Mills. Pasche. 11 Jac. B. R. An Error was assigned Charge of Poisoning. for these words in the Declaration, viz. He hath poisoned I. S. [Quendam I. S. ad tunc defunct. Innuendo] because he did not aver he was dead at the time of speaking the words; (for Ad tunc refers to the Averment. time of the Declaration) And it was the opinion of all the judges and Barons that it was error. Croo. 2. 343. Case 341. Action for this, Thou art a Bankrupt Rogue, and accounted a common Rogue. Charge of stealing Corn. Knave, and thou art a Thief, and hast stolen my Corn. To the first words, Thou art a Bankrupt 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 Bankrupt. shillings, and costs for both; the plaintiff having judgement for both, was for this cause reversed, For the first words are not actionable, the plaintiff being neither Merchant nor Tradesman. And the judgement being entire, it is reversable in toto, for in the judgement the damages Damages. are joined, that are severed in the verdict, Croo. 2. 424. Pasche. 53 Jac. B. R. Lloyd and Pierce. Case 342. Action for this, Thy Master Brown hath rob me of all my goods; and Incertainty in the person. verdict for the Plaintiff, it was moved in arrest of the judgement, that it was not actionable for the incertainty of the person; but it was adjudged for the Plaintiff, for it is said he spoke it of the Plaintiff, and a man shall not be intended to have more Masters than one; but agreed, that if one say to I. S. Thy Son hath rob me, a Son cannot bring an Action, but he must aver he had no more Sons. But if one say to a Son, Thy Father, or Averment. to a Wife, Thy Husband hath rob me, the Action will lie 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 spoke 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 judgement, 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 judgement, that the Action lies not jointly 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. Chamberlain 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 rob of goods by persons unknown; the Defendant said, Thou Charge to maintain thiefs. art a Maintainer of Thiefs, to steal my Master's goods, Innuendo, the goods of the said Sir William Ayliffe, who was rob. And albeit he did not say, that he maintained them in the Felony, or knew them to be 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, He [Innuendo, the Plaintiff] is a Thief, for he hath stolen 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 he doth not show 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 Error. And there it was agreed by the Court, not to lie for this, He is a Theft of Wood Thief, for he hath stolen my Trees, or my Evidence, or my Lead off my house; and they held this actionable, He is a Thief, for he hath stolen my Theft of Corn. corn; and therefore that the Action here was maintainable. And so to say, Thou hast stolen my Wood; and the Court held the Declaration good, saying that the Defendant spoke these words; and the jury 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 Error. Smith and Ward. Co. B. Mich. 21. Jac. Croo. 2. 673. See Case 333. Case 347. Action for this, that the Defendants Wife spoke of the Plaintiffs Wife, Charge of Theft. Adjective words Thou art a Thievish Rogue, and a thievish Quean, for thou hast stolen 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 judgement. 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. Stamp 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 Turkeys are stolen, and J. S. hath stolen them. And it was adjudged for the Plaintiff, against the Husband and Wife. Croo. 1. part last published. 279. Case 348. Action for this, Thou perjured Beast, I will make thee to stand upon a Scaffold in the Star-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 he was a Thief, and had stolen his Gold; upon Charge of Theft. not guilty, and a verdict for the Plaintiff, and motion to arrest the judgement; for that he saith, he was, for it may be long since, and that a general pardon hath since taken it away, etc. 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 coining. To which the Plaintiff said, If I was there, I answered it well enough; yea, Thou wast in Gaol for coining. 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 Freeman and Scrivener in London, Thou Rogue. Coney-catching Rogue. Cozening Rogue. Cutpurse Rogue. art a Rogue, and a Coney-catching Rogue, a cozening Rogue, a cutpurse Rogue. And after verdict for the Plaintiff, upon motion to arrest the judgement, 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 cozening 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 justice of Peace, and the King's receiver of Charge of Cozenage 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 Error brought in the King's 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 judges, 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. An Alphabetical TABLE FOR The ready finding out any thing contained in the foregoing BOOK. A. Action's of the Case, and the kinds thereof. chap. 1. Action of the Case, for words, and the kinds thereof. chap. 1. Some general Rules concerning it. chap. 2. Accessaries to Felony, words about this, chap. 10. sect. 9 10. 12. ch. 25 Case. 311. See maintaining Felons, receiving Felons and Felons goods. Adjective words, Actions about them. ch. 2. sect. 7. ch. 6. sect. 2. ch. 8. ch. 10. sect. 6. ch. 13. sect. 1. ch. 15. sect. 2. ch. 25. Cases 14. 45. 48. 211. 347. See Inclination. Advowterer, see incontinency. Affrayer, words about this, Actionable or not, ch. 15. sect. 2. Alehouse keeper, see Innkeeper. Ambidexter, where actionable or not, ch. 20. sect. 1. Apples, words about the stealing of them, see theft. Attempt, see Endeavour Attorney, words of him, where actionable or not, ch. 3. sect 2. ch. 20. sect. 7. ch. 25. Cases 28. 35. 182. 186. 280. 286. 297. 306. 312. 330. Averment, where necessary, or not, and how it must be made ch. 2. sect. 4. 5. ch. 3. sect. 1. ch. 4. sect. 4. ch. 5. sect. 4. 6. ch. 6. sect. 2. 3. ch. 7. sect. 1. 2. 3. ch. 8. ch. 9 sect. 2. ch. 10. sect. 1. 3. 11. 12. 14. ch. 12. sect. 3. ch. 14. sect. 1. 3. 4 ch. 15. sect. 1. 2. ch. 16. sect 1. 2. ch. 18. throughout, ch. 19 sect. 2. ch. 20. sect. 5. 9 11. ch. 21. sect. 7. chap. 23. sect. 3. ch. 25. Cases 17. 27. 31. 49. 140. 142. 144. 197. 212. 224. 231. 232. 236. 238. 239. 245. 252. 275. 283. 299. 312. 325. 331. 340. 342. Bailiff slandered actionable or not, ch. 20. sect. 11. B Bankrupt, where this word is actionable, or not. chap. 2. sect. 7. chap. 5. sect. 2. 9 ch. 20. sect. 4. ch. 21, sect. 1. 2. ch. ●25. Cases. 19 28. 62. 87. 134. 167. 173. 181. 184. 190. 199. 205. 207. 244. 249. 270. 271, 295. 341. Barretor. Where this word is actionable, or not. ch. 15. sect. 2. ch. 20. sect. 1. 3. 4. 6. 7. 8. chap. 21. sect. 5. ch. 25. Cases 40. 147. 306 Bastard and Bastardy, words about this, Where actonable or not. ch. 1. sect. 2. ch. 2. sect 1. 9 ch. 3. sect. 2. ch. 5. sect. 4, 5, 6. ch. 25 Cases 76, 77, 79. 126. 130, 131. 229. 230. 325. Barrs of Iron. See Theft. Barister and Lawyer, words of him where actionable, or not. ch. 20. sect. 4. ch. 25. Cases. 147. 159. 169. 192. 234. Bawd and Bawdy-house, words about this, where actionable, or not. ch. 14. sect. 4. ch. 20. sect. 2. ch. 21. sect. 5. ch. 25. Cases. 103. 322. Bloodsucker, where actionable, or not. chap. 7. sect. 4. ch. 15. sect. 2. ch. 20. sect. 2. 3. ch. 25. Case 263. Brabler, where actionable, or not, ch. 20. sect. 9 Breaker of the Peace, where actionable, or not. chap. 15. Bribes-taking, and bribing, words about this where actionable or not. ch. 20. sect. 1, 2, 3, 4, 5, 6. ch. 25. Case 118. Brother-false, where action will lie for this, or not. chap. 15. sect. 2. chap. 16. sect. 1. Buggery, and Buggerer, words about this where actionable or not. chap. 5. sect. 8. chap. 9 Burglary, and Burglarer, where action will lie for this, or not see Theft. Burning of a House, words about this; where actionable, or not. chap. 2. sect. 6. chap. 9 C CHamperty, and champertor, words about this, where actionable, or not. ch. 15. sect. 1, 2. ch. 20. sect. 1, 3, 4, 5, 8. ch. 25. case 57 306. Maintainer of suits, actions about this. chap. 15. sect. 2. Certainty, and Incertainty in words, see for this. ch. 2. sect. 6. ch. 5. sect. 3, 4, 5, 6, 7. ch. 7. sect. 1, 2, 3. ch. 8. ch. 10. sect. 1, 2, 3, 5. ch. 12. sect. 3, 4. ch. 13. sect. 2, 3. ch. 18. throughout. ch. 19 sect. 2. ch. 20. sect. 2, 9, 11. chap. 25. cases 4, 5, 12, 15, 40, 80, 106, 108, 128, 151, 154, 170, 172, 174, 182, 197, 199, 207, 214, 219, 224, 230, 250, 256, 258, 259, 275, 295, 309, 317, 342. Cheater, and cheating knave, see cozener, and cozening, & knave. Church-robber, where actionable, or not. ch. 5. sect. 8. ch. 10. sect. 1. Churchwardens, Slander of them, where actionable, or not. ch. 20. sect. 10. ch. 25. case 193. Clerk of Assizes, Slander of him, ch. 20. sect. 5. Commissioners, Slander of them, where actionable, or not. ch. 20. sect. 10. Concealment of felonies, words about this, where actionable, or not. ch. 7. sect. 2. ch. 10. sect. 10, 11. ch. 20. sect. 1, 2. ch. 25. case 264. Conjurer, see Witchcraft. Constable, Slander of him, where actionable, or not. ch. 20. sect. 10. ch. 25. cases 65, 193. Conspirator, where actionable, or not. ch. 15. sect. 2. Conspiracy, where a Writ of conspiracy lieth, or not. ch. 2. sect. 8. ch. 22. throughout. Corn upon the ground, words about the stealing of this, where actionable, or not. See theft. Corn-stealer. ch. 25. case 282. Coroner, Slander of him. ch. 20. sect. 5. Cottage, for saying he hath erected a cottage, actionable, or not. chap. 15. Coining of money, words about this, where actionable, or not. ch. 6. sect. 3. ch. 25. cases 129, 350. See Treason. Cozening, and cozener, cheating, and cheater, words about these, and where they be actionable, or not. ch. 2. sect. 4, 5, 7. ch. 5. 9 chap. 8. sect. 2. chap. 18. and 19 throughout ch. 15. sect. 2. ch. 19 sect. 1, 2. and throughout ch. 20. sect. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. chap. 21. sect. 3, 4. ch. 25. cases 30, 65, 102, 134, 139, 142, 143, 158, 179, 193, 198, 206, 210, 249, 253, 261, 286, 294, 308, 326, 327, 330, 351, 353. Cuckold, and cuckoldly knave, where Action will lie for this, or not, ch. 25. case 29, 310. Coney-catcher, Action about this, ch. 25. case 351. Cut his Master out of doors, what, ch. 2. sect. 5. Cutpurse, words about this, where actionable, or not, ch. 5. sect. 9, 10. ch. 10. sect. 3. 10, 11. ch. 20. sect. 10. ch. 25. cases 69, 72, 106, 236, 351. Cutthroat, where actionable, or not, ch. 7. sect. 3. ch. 25. case 92. D. DAffidowndilly, what, and where actionable, or not, ch. 2. sect. 5. Damages, in these Actions; for this see ch. 25. cases 173, 184, 341. Deceit in Trade, and otherwise, ch. 18. throughout. See Cozening. Declaration, see Pleading, and ch. 23. sect. 1. Defamation, see Slander. Disease infectious, Plague, Pox, etc. where Action will lie for words about this, or not, ch. 2. sect. 1. 6. ch. 5. sect. 9 ch. 17. throughout, ch. 21. sect. 5. ch. 25. cases 12, 26, 47, 54, 71. 212. Discord, a sour of Discord, where this is actionable, or not, ch. 15. sect. 2. Divine, see Minister. Drunkenness, and Drunkard, words about this, where actionable, or not, ch. 15. sect. 1. ch. 20. sect. 5, 6. ch. 25. case 158. Dung, charge for stealing of it, where actionable, or not, ch. 10. sect. 14. E. ENdeavour, purpose, or intent to do a thing. Words about this, where actionable, or not, chap. 1. chap. 7. sect. 2. chap. 10. sect. 6. ch. 25. cases 5, 10, 37, 40, 46, 59, 86, 91, 109, 148, 160, 233, 236, 247, 290. Entry forcible, charge of making it, chap. 15. sect. 1. Evesdroppers, where actionable, or not, chap. 15. sect. 2. Extortion, and Extortioner, where actionable, or not, ch. 20. sect. 1, 5, 7, 8, 9 ch. 25. case 275. F FAtches, where a charge of stealing of them is actionable, or not, ch. 10. sect. 8. See Theft. Felony, and fellow, words about this, where actionable, or not, ch. 2. sect. 4, 6, 7. ch. 5. sect. 5, 7, 8, 9 ch. 10. sect. 9, 12. chap. 20. sect. 1. ch. 25. cases 108, 116, 236. Filcher, and filching fellow, where actionable, or not, ch. 5. sect. 10. ch. 10. sect. 3. ch. 25. cases 93. 262. Forgery, and forger, words about this, where actionable, or not, ch. 2. sect. 6, 8. ch. 5. sect. 1, 9, 10. ch. 13. throughout; chap. 20. sect. 5, 6, 7, 8, 9 ch. 25. cases 49, 95, 121, 174, 186, 187, 246, 253, 254, 258, 315, 342. Fornication, and fornicator, words about this, where actionable, or not, ch. 2. sect. 4, 5. ch. 16. sect. 1. See Incontinency. Fore-staller, Regrator, and Engrosser, words about this, where actionable, or not, ch. 15. sect. 1. Forsworn. See Perjury. Fuller's tub, what, ch. 25. case 26. Furzes, words about the stealing of them, where actionable, or not, ch. 10. sect. 8. G GRass, words about the stealing of it, where actionable, or not, ch. 10. sect. 8. H Hag, where actionable, or not, ch. 8. sect. 1. Hay, words about the stealing of it, where actionable, or not, ch. 10. sect. 8. Healer of Felons, what, and where actionable, or not, ch. 2. sect. 4, 5. chap. 10. sect. 3. ch. 25. case 189. Hedge-breaker, where actionable or not, ch. 15. sect. 2. Hedge-priest, actionable, or not, ch. 25. case 310. Heir, hindered of preferment by words, where actionable, or not, ch. 18. sect. 1, 2. Heresy, and Heretic, words about this, where actionable, or not, ch: 2. sect. 1. ch. 16. sect. 1. ch. 25. case 42. Hornsby Knave, where actionable, or not, ch. 25. case 29. Hops, words about the stealing of them, actionable, or not, ch. 6. sect. 8. See Theft. Horse-stealer, where actionable, or not, ch. 10. sect. 1. House-robber, where actionable, or not, ch. 5. sect. 8. ch. 10. sect. 1. Hypocrite; where actionable, or not, ch. 2. sect. 7. ch. 15. sect. 2. ch. 16. sect. 1. ch. 21. sect. 4. I Jade, Welsh Jade, actionable, or not, ch. 25. case 328. Incertainty in words, see Certainty. Inchantor, see Witchcraft. Inclination, words importing an inclination, in mind, intent, or purpose only to do a thing, where actionable, or not, ch. 1. sect. 2. ch. 6. sect. 2. ch. 7. sect. 3. chap. 10. sect. 6. ch. 20. sect. 2. ch. 25. cases 40, 51, 171. Incontinency, words about this, where actionable, or not, ch. 1. sect. 2. ch. 2. sect. 1, 6. ch. 14. throughout, ch. 18. sect. 1. ch. 20. sect. 5, 6. ch. 25. cases 11, 13, 20, 42, 96, 132, 212, 229, 277, 288, 293, 314, 324. Adulterer, and Advowterer, ch. 16. sect. 1. Fornicator, ch. 16. sect. 1, Whore, where actionable, or not, ch. 2. sect. 1. ch. 25. cases 13, 20, 96, 185, 211. Engrosser, see fore-staller. Indictment, Slander by it, where actionable, or not, ch. 5. sect. 2. Innuendo, how to be taken, and used, ch. 2. sect. 1, 6, 7. ch. 4. sect. 4. ch. 5. sect. 4. ch. 7. sect. 2. ch. 9 ch. 10. sect. 1, 2, 5, 6. ch. 12. sect. 5. ch. 14. ch. 23. sect. 2. ch. 25. cases 12, 50, 60, 80, 144, 170, 172, 212, 242, 247, 275, 286, 309. Innkeeper, Vintner, Alehousekeeper, etc. words of Slander about them, for which Action will lie, or not, ch. 17. sect. 1, 2. ch. 21. sect. 4, 5. ch. 25. cases 11, 26, 54. Intent. See Inclination. Judas, where this word is actionable, or not, ch. 20. sect. 9 Judge, words of Slander of him, where actionable, or not, ch. 13. sect. 3. ch. 20. sect. 1. ch. 25. cases 4, 5, 8, 57, 110, 155, 182, 200, 203, 260. 263, 278, 292. 334. Justice of Peace, words of Slander of him, where actionable, or not, ch. 20. sect. 1. ch. 25. cases 4, 5, 8, 57, 110, 155, 182, 200, 203, 260, 263, 278, 292, 334. Juggling, and Jugglers, where actionable, or not, ch. 19 sect. 1. ch. 25. case 254. Justification. See pleading. K KNave, where actionable, or not, ch. 2. sect. 4, 5, 7. ch. 15. sect. 2. ch. 20. sect. 1, 2, 3, 4, 5, 8. ch. 25. cases 29, 45, 173, 251, 252, 295, 310. L LAncery-petit, words about this, where actionable, or not, ch. 2. sect. 1. ch. 10. sect. 1. ch. 11. Lawyer, see Barrister. Led of a house, words about the stealing of this, actionable, or not, ch. 10. sect. 8. See Theft. Leper, where actionable, or not, ch. 17. sect. 2. ch. 25. case 251. Libel, how punishable, ch. 5. sect. 1. ch. 24. throughout, ch. 25. cases 301, 354. Libeler, where actionable, or not, chap. 15. sect. 2. Liar, where actionable, or not, ch. 15. sect. 2. ch. 25. case 162. M MAinsworn, or meansworn, what, and where actionable, or not, ch. 2. sect. 5. ch. 12. sect. 3. ch. 25. cases 31, 162. Maintenance, and mantainer. See Champerty. Maintainors' of Traitors and Felons, ch. 10. sect. 9 ch. 20. sect. 1. ch. 25 cases 159, 164, 171, 201, 289, 345. Mayor of a Town, Slander of him, actionable, or not, ch. 20. sect. 10. Malefactor, where actionable, or not, ch. 15. sect. 2. Malice in words, where, chap. 2. sect. 5, 6. ch. 25. cases 177, 197. Master and Servant, words spoken about them, actionable, or not, ch. 18. sect. 1, 2. ch. 19 ch. 21. sect. 4. Marriage hindered by such words, chap. 18. throughout. See Preferment. Mass, words about this, actionable, or not, ch. 15. sect. 2. Merchant. See Trade. Measurer, or Surveyer of Land, Slander of him, ch. 20. sect. 10. Midwife, Slander of her, where actionable, or not, ch. 21. sect. 5. ch. 25. case 314. Minister, words of him Slanderous, and actionable, or not, ch. 18. sect. 1, 2. ch. 25. case 42. Miscreant, ch. 2. sect. 7. chap. 15. sect. 2. ch. 16. sect. 1. Misfeasor, where actionable, or not, ch. 15. sect. 2. Murder, and Murderer, words about this, where actionable, or not, ch. 2. sect. 7, 8, 9 chap. 5. sect. 3, 4, 5, 6, 7, 8, 9 chap. 7. throughout, ch. 25. cases 10, 15, 24, 37, 40, 46, 49, 59, 64, 68, 80, 104, 109, 115, 140, 144, 146, 148, 151, 195, 213, 214, 219, 233, 283, 321, 331, 340. Murdering Rogue, actionable, or not, ch. 25. case 321. Muttonmonger, where actionable, or not, ch. 10. sect. 12. N NAme, thou art of ill Name, where actionable, or not, chap. 15. sect. 2. Nightwalker, where actionable, or not, chap. 15. sect. 2. O OFficers, and office, words about this, where actionable, or not, ch. 2. sect. 1, 7, 9, ch. 19 sect. 1. ch. 20. sect. 1, 2, 3, 4, 5, 6. ch. 25. cases 4, 5, 291. Charge of corruption therein, ch. 20, sect. 1. Charge of Ignorance therein, chap. 20. sect. 2, 4, 5, etc. Loss of an Office, by slanderous words, ch. 18. sect. 1, 2. For all this, See ch. 25. cases 62, 64, 67, 78, 118, 186, 187, 189, 199, 202, 248, 275, 295, 308, 332, 352, 353. Overseers of the Poor, Slander of them, where actionable or not, ch. 20. sect. 10. Out-putter, what, and where actionable, or not, ch. 2. sect. 5. ch. 10. sect. 3. P PAssion. See words of Passion. Papists, and Popery, words about this, where actionable, or not, ch. 2. sect. 4. ch. 15. sect. 1. ch. 20 sect. 9 chap. 25. cases 98. 179, 199. Peace-breaker, where this word is actionable, or not, ch. 15. sect. 2. ch. 25. case 40. Perjury, and subornation of Perjury, and Forswearing, words about this, where actionable, or not, ch. 2. sect. 6. 9 ch. 5. sect. 4, 5, 6, 9, 10. ch. 12. throughout, ch. 20. sect. 8. ch. 25. cases 4, 7, 14, 18, 31, 35, 38, 39, 55, 56, 58, 60, 62, 74, 90, 97, 99, 100, 123, 135, 136, 162, 170, 222, 224, 235, 236, 239, 266, 267, 273, 274, 276, 284, 286, 249, 315, 329, 337, 348. Physician, slanderous words of him, where actionable, or not, ch. 21. sect. 6. ch. 25. cases 248. Pickpocket, where this word is actionable, or not, ch. 10. sect. 3, 10, 11. ch. 13. sect. 3. ch. 14. sect. 3. ch. 25. case 124. Pilferer, where this word is actionable, or not, ch. 10. sect. 3. ch. 25. case 262. Pillory, words about this, where actionable, or not, ch. 15. sect. 2. ch. 25. cases 89. 252. Pimp, common Pimp, where actionable, or not, ch. 25. case 318. Piracy, and Pirate, words about this, where actionable, or not, chap. 10. Plague, ch. 17. throughout, see Disease infectious. Pleading, ch. 2. sect. 5, 6. ch. 23. throughout, ch. 25. cases 152, 196, 241, 255, 256, 270, 284, 296, 300, 336, 354. Poison, and poisoning, words about this where actionable, or not, ch. 7. sect. 1. 3. ch. 25. cases 144, 195, 240, 245. see Murder. Pox-French, words about this. Pocky Knave, where actionable, or not, ch. 17. throughout. See disease infectious. Prayer, Common-prayer Book, words about this, where actionable, or not, ch. 15. sect. 1. Preaching, and Preachers, words about this, where actionable, or not, ch. 18. sect. 1, 2. ch. 20. sect. 5. ch. 25. case 42. Preferment lost by words spoken, where actionable, or not, ch. 18. throughout. ch. 25, cases 293, 314. Priests, Masspriests, words about this, where actionable, or not, ch. 9 ch. 15. sect. 1. Prigging Merchant, where actionable, or not, ch. 25. case 262. Prigging fellow, where actionable, or not, chap. 5. sect. 10. chap. 10. sect. 3. Purpose, words importing a purpose, to do somewhat, where actionable, or not. See Endeavour. Q. QUalification, where some of the words do qualify the rest of the words, or not, ch. 2. sect. 8. ch. 6. sect. 2. ch. 7. sect. 2. ch. 10. sect. 9, 12, 14. ch. 20. sect. 2, 8. ch. 25. case 116. Quarrel, where actionable, or not, ch. 15. sect. 2. Quean, where actionable, or not, ch. 25. case 310. R. RApe, words about this, where actionable, or not, ch. 9 ch. 25. case 194. Rascal, where actionable, or not, ch. 2. sect. 7. Railing, and Railer, words about this, where actionable, or not, ch. 2. sect. 7. ch. 15. sect. 2. Rebellion, Rebel, words about this, where actionable, or not. See Treason, and Traitor, chap. 6. throughout. Receiving, and maintaining of Thiefs, and stolen goods, ch. 10. sect. 9 ch. 20. sect. 1. ch. 25. cases, 88, 106, 107, 157, 191, 264. Recusant. See Papist. Regrator. See Forestaller. Report, words spoken by report from others, where actionable, or not, chap. 2. sect. 2. ch. 6. sect. 2. ch. 10. sect. 13. ch. 13. sect. 2. Robbery, and Robber, words about this, where actionable, or not, ch. 5. sect. 2, 8. ch. 10. sect. 1. and throughout. See Theft. Rogue, and branded Rogue, words about this, where actionable, or not, ch. 2. sect. 4, 5, 7. ch. 15. sect. 2. ch. 16. sect. 1. ch. 21. sect. 5. 6. ch. 25. cases 4, 40, 173, 295, 328, 341, 351. Riot, Ryotor, words about this, where actionable, or not, ch. 15. sect. 1. S. SAbbath-breaker, where actionable, or not, chap. 15. sect. 1. Sacrilege, and Sacriledger, words about this, where actionable, or not, chap. 5. sect. 8. chap. 10. sect. 1. Scandalum Magnatum, where it lieth, or not, chap. 2. sect. 4, 5, 8. chap. 4. throughout, chap. 19 sect. 1. chap. 25. cases 85, 199, 272. Scrivener, Slander of him, actionable, or not, chap. 20. sect. 1. 10. Schismatic, where actionable, or not, chap. 16. sect. 1. and throughout. Schoolmaster, slander of him, chap. 20. sect. 5. Sedition, and Seditions, words about this, where actionable, or not, chap. 7. sect. 2. chap. 20. chap. 25. cases 1. 48. See Treason. Servant and Master. See Master. Sheep-stealer, where actionable, or not, chap. 10. sect. 1. Sheep-Theef, what, and where actionable, chap. 2. sect. 5. chap. 10. sect. 3. Sheriff, Slander of him. See Officer. Simonist, where actionable, or not, chap. 15. Slander and Defamation, and words of Slander, where actionable, or not, chap. 15. sect. 1. General Rules about it, chap. 2. How they must be uttered to be actionable. chap. 5. throughout chap. 7. chap. 8. chap. 10. Of a Title to Land, ch. 3. throughout, chap. 25. cases 76, 77, 78, 127, 128, 130, 131, 133, 166, 219, 223, 225, 226, 227, 228, 242. Who may bring it, and against whom, chap. 5. sect. 1, 2. About matter of Treason, where actionable, or not, ch. 6. throughout. See Treason. About matter of Murder, where actionable, or not, chap. 7. throughout. See Murder. About matter of Witchcraft, where actionable, or not, chapter 8. throughout. See Witchcraft. About Rape, Sodomy, Buggery, and Burning of houses, ch. 9 See the several Titles of Rape, Sodomy, Buggery, and Burning of houses. About matter of Theft, chap. 10 throughout. About petit Larceny, chap. 11. See Theft. About Perjury, chap. 12. throughout. See Perjury. About Forgery, chap. 13. throughout. See Forgery. About Incontinency, chap. 14. throughout. See Incontinency. About the breach of a penal Law, chap. 15. throughout. About spiritual, passionate, and vain words, chap. 16. throughout. About other words of another Import, chap. 17. throughout. As 1. About an Infectious disease, chap. 17. sect. 1. See Pox, Plague. 2. That hinders a man's preferment, or tends to a man's disinheritance, chap. 3. chap. 18. sect. 1, 2, 3. See preferment. 3. About Deceit, and Cozening, chap. 19 throughout. See Cozening and Cheating. 4. About a man's profession, and place of trust, chap. 20. throughout. See Officer. 5. About a man's Trade, and way of living, ch. 21. throughout. After a pardon, ch. 25. case 307. Where it may lie for words in themselves, not actionable, chap. 2. sect. 4. 5. Must be several and not joint, ch. 25. case 344. Slander by an act done, ch. 2. sect. 5. ch. 5. sect. 2. Sodomy, and Sodomite, words of Slander about this, ch. 5. sect. 8. ch. 9 throughout. See Slander. Slanderer, where this word is actionable, or not, ch. 25. Sorcerer, and Sorcery, words about this, where actionable, or not, ch. 8. See Witchcraft. Sower of discord, where actionable, ch. 15. sect. 2. Steward of a Court Slandered, actionable, ch. 20. sect. 5. Strained a Mare, what, where actionable, or not, ch. 2. sect. 5. ch. 10. sect. 3. ch. 25. cases 50, 84, 189. Swaggerer, where actionable, or not, ch. 20. sect. 9 Swearer, common-swearer, where actionable, or not, ch. 15. sect. 1. ch. 20. sect. 5, 6. T THeft, and Thief, words about this, actionable, or not, ch. 2. sect. 2. ch. 2. sect. 1, 2, 3, 4, 6, 7, 8, ch. 5. sect. 2, 3, 4, 5, 6, 7, 8, 9 ch. 10. throughout, ch. 25. cases 16, 17, 21, 23, 26, 32, 33, 34, 44, 51, 53, 61, 66, 67, 72, 73, 82, 91, 92, 104, 106, 107, 117, 120, 121, 124, 137, 149, 152, 153, 154, 157, 160, 168, 171, 173, 180, 182, 204, 207, 209, 231, 232, 236, 241, 247, 250 255, 257, 311, 315, 317, 320, 339 347, 349. About Grass and Hay, chap. 10. sect. 8. About Corn upon the ground, ch. 10. sect. 7, 8. chap. 25. cases 262, 333, 341, 346. About Fatches, ch. 10. sect. 8. About Apples, ch. 2. sect. 8. chap. 10, sect. 7, 8. ch. 25. case 180. About Lead of a house or Church, ch. 10. sect. 1, 7, 8. ch. 25. case 333. About Bars of Iron out of the window of a house, ch. 10. sect. 8. About Wood, Trees and Timber, chap. 10. sect. 7, 8. ch. 25. cases 114, 265, 304, 305, 333, 346. About the Title of a house, ch. 10. sect. 8. About Furzes, chap. 10. sect. 8. chap. 25. case 305. About Hops and Hop-poles, chap. 10. sect. 8. chap. 25. case 268. About Turnips, chap. 10. sect. 8. See Words. Title of Land, Slander of this. See Slander. Buyer of Titles, actionable, or not. See Maintenance. Townclarke slandered, Action for this, chap. 20. sect. 5. Trade, and Tradesman, words about this, where actionable, or not, chap. 2. sect. 1, 7. chap. 19 sect. 1, 2. chap. 21. throughout, chap. 25. cases 63, 150, 181, 184, 190, 199, 207, 248, 261, 326. See Bankrupt, Innkeeper. Treason, and Traitor, words about this, where actionable, or not, chap. 1. sect. 2. ch. 2. sect. 4, 5, 6, 7, 9 chap. 5. sect. 5, 6, 7, 8. chap. 6. throughout, chap. 10. sect. 10. chap. 25. cases 22, 45, 52, 70, 75, 101, 112, 119, 161, 165, 183, 188, 197, 199, 218, 269. Coining of money, chap. 2. sect. 6. chap. 6. sect. 3. chap. 25. cases 129, 350. Turnips, chap. 10. sect. 8. V VAgabond, where actionable, or not, chap. 15. sect. 2. ch. 25. case 295. Varlet, where actionable, or not, chap. 2. sect. 7. chap. 16. sect. 1. chap. 21. sect. 4, 5. chap. 25. case 4. Verdict in this Action. See pleadding. Vermine, where actionable, or not, chap. 15. sect. 2. chap. 16. sect. 1. Victualler, see Innkeeper. Villain, where actionable, or not, chap. 2. sect. 7. chap. 15. sect. 2. chap. 20. sect. 9 chap. 25. case 4. Vintner; see Innkeeper. Viper, where actionable, or not, chap. 20. sect. 9 Usurer, where actionable, or not, ch. 20. sect. 2, 9 W Welsh whore, Welsh thief, Welsh Quean, Welsh Rogue, actionable, or not, ch. 25. case 328. Whore; where Action will lie for this, or not, chap. 2. sect. 1. ch. 14. throughout, ch. 18. throughout, chap. 25. cases 13, 20. 96, 185, 211, 328. see Incontinency. Whoremaster, where Action will lie for this, chap. 14. sect. 2. ch. 17. sect. 1. Wittol, chap. 25. case 310. Witchcraft, and witch, words about this; where actionable, or not, chap. 5. sect. 10. chap. 8. throughout, chap. 25. cases 113, 175, 178, 184, 219, 229, 279, 319, 323, 337, 221 Conjurer, chap. 8. sect. 2. Sorcerer, chap. 8. sect. 2. chap. 25. case 145. Inchantor, chap. 8. sect. 2. chap. 25. cases 145, 178, 279. Wood, and Trees, words about the stealing of this, where actionable, or not, chap. 10. sect. 8. chap. 25. cases 114. 180. Words slanderous, where actionable, or not. Strange words, as Out-putter, and the like, chap. 2. sect. 4, 5, 8. chap. 5. sect. 10. chap. 10. sect. 3. Spoken by one drunken, or sober, chap. 2. sect. 3. In another Tongue, or Language, chap. 2. sect. 2. 8. chap. 5. sect. 10. chap. 25. cases 68, 177, 189, 196, 215. For the manner of publication of them, chap. 2. sect. 2. chap. 5. 1, 2, 3. chap. 25. cases 16, 22, 137. 275, 284. By a Libel, by a Letter, etc. For the manner of the words, directly, or indirectly uttered, ch. 2. sect. 1. 3. chap. 5. throughout. chap. 10. sect. 10, 11, 12, 13, 14. chap. 25. cases 16. 21, 22, 26, 34, 72, 73, 93, 98, 109, 115, 117, 120, 121, 123, 137, 149, 153, 256, 283, 299, 302. In a course of Law, or Justice, chap. 1. sect. 1. 2. chap. 2. sect. 8. chap. 5. sect. 1. chap. 25. cases 2, 3, 83, 138, 163, 192, 303, 350. By way of Interrogation, or Irony, chap. 5. sect. 5. chap. 10. sect. 12. chap. 25. cases 270, 301. By way of indirect, or implicit charge, chap. 2. sect. 6, 7. chap. 25. cases 161, 168, 174, 180, 182, 183. 217, 236, 243, 245, 255, 312, 317, 339. By the report of another, chap. 2. sect. 3. chap. 6. sect. 1. chap. 7. sect. 2. chap. 10. sect. 12, 13. ch. 14. sect. 2. chap. 25. sect. 238. Taken at one, or more times, chap. 2, sect. 4, 5. Spoken in jest, or earnest, chap. 2. sect. 4. Taken improperly, chap. 2. sect. 4. Spoken to, or of a man, chap. 2. sect. 1. chap. 5. sect. 3. Spoken in the second or third person, chap. 2. sect. 1. For part of the words only, chap. 2. sect. 4, 5. Words general, ambiguous, repugnant, insensible, and incertain, chap. 2. sect. 6, 7, 8. chap. 7. sect. 3. chap. 25. cases 4. 14, 43, 64, 92, 109, 146, 256, 258, 259, 295. Words spiritual, chap. 1. sect. 2. ch. 16. sect. 1. and throughout. chap. 25. cases 14, 20, 42, 76, 277, 288, 293. Words vain, chap. 16. sect. 1. ch. 25. case 260. Words passionate, chap. 15. sect. 2. chap. 16. sect. 1. and throughout. chap. 25. case 4. What things are requisite to be in all actionable words, chap. 2. sect. 5, 6, 7, 8, 9 How such words shall be expounded and taken, chap. 2. sect. 9 ch. 25. cases 1, 6. A CATALOGUE OF LAW BOOKS, And such as appertain to the LAW. ARguments at Law, at the Trial of Col. Eusebius Andrews Ashes Tables, two Volumes, Folio Ashes Tables to Cooks Reports — Epcicea, or Table of Equity — Fasciculus Florum Arguments on the Writ of Habeas Corpus Assize of Bread Attorneys Guide Attorney of the Common Pleas Acts of Parliaments, 12 and 13 Caroli secundi Abridgement of Acts BRooks Abridgement — Readins on Magna Charta — Cases — Reading on the Statute of Limitations Boultons' Justice Bulstrodes Reports, first, second, and third Volumes Bracton brownlow's Reports, two Parts — Plead, in two Parts — Judicial Writs Lord Bacon's Elements of the Law — Cases of Treason — Ordinances — Reading of the Statute of Uses Britton Book of Oaths Bellewes Reports of Rich. the second Bridgemans' Reports Bendloes Reports bagshaw's Reading — Rights of the Crown blunt's Glossographia, expounding Terms of the Law Bones Examen Legum Angliae cook's Reports, eleven Parts, French. — Idem in English — Twelfth Report English — Select Cases — Entries — On Littleton, the first part of his Institutes, I — On Magna Charta, 2. — Pleas of the Crown, 3d. — Jurisdiction of Courts, 4th. — Complete Copyholder — Of Bail and Mainprize — Declarations and Plead, Folio — Reading on Statute De finibus lenatis Cragge de Feudis Customs of No mandy Mr. Cook's Vindication of the Law▪ — Poor-mans' Case City Law Cromptons' Justice. — Jurisdiction of Courts cowels Interpreter — Institutes Calais Readins on Sewers. — Ignoramus Crook and Huttons Arguments on Ship-money Complete Clark, and Scrivener's Guide calthrop's Relation of Manors & Copyhold — Cases about the Customs of London Critica Juris ingeniosa Chancellors Office Conference about the Liberty of the Subject Clerks Vade Mecum Presidents Clerks Guide, in three Parts Collins Summary of the Statutes Complete Justice Caries Reports in Chancery Claytons' Reports — Topics of the Law Complete Attorney, two parts Charter of Rumney-Marsh Chancery Orders by the Earl of Clarendon Coutt-Leet Crooks Reports, first, second, and third Volumes Common Law Epitomised Clerk of Assize Collection of Writs used in Common Pleas DAvis Reports — Of Impositions — Abridgements of Lord Cooks Reports Daltons' Justice — Office of a Sheriff — Abridged Dyers Reports — Abridgement in French — Abridgement in English Doderidges English Lawyer — Principality of Wales — Complete Parson Deggs Proposals Declarations and Orders, Quarto Doctor and Student, in Latin — Idem in English — Abridged Davenports Abridgement of Cook on Littleton Deerhams Manuel Dallison and Benlows Reports, with Ash EDward the third in two Parts — Quadragesimus — Assiises of Edward the third — Abridged Edward the fourth Elmesmores Postnati. — of the Chancery Exact Lawgiver Edgar's Charges Executors Office Exchequer-Practice Elsings Modus tenendi P. Fitzherberts, Abridgement — Table to the same — Natura Brevium in French — Idem in English — Justice — English Finches Law, French — English — Table to Hobart Fidels Presidents Fleta cum Seldeni notis Fulbecks Parallels — Preparative to the Study of the Law Fruits of Plead Fortescue de Laudibus Legum Angliae Fillacers Office Fees of Courts Fleetwoods' Justice Freeholders' Grand-Inquest, Quarto GOdbolts Reports Gouldsboroughs Reports Gregory's Moot-Book Grounds of the Law Greenwoods Curia Comitatum Rediviva — County Courts Glanvil of the Law Grotius of the Law of War and Peace Godolphin of the Court of Admiralty in Octa. HEnry the fourth and fifth Henry the sixth, two Parts — the seventh — Abridged hobart's Reports. Hutton's Reports Hackwells Liberty of the Subject — Passing of Bills Hugh's Commentaries on Original Writs — Parson's Law — Reports — Abridgement, Quarto. two Volumes — Grand Abridgement two Volumes Hearns Law of Conveyances — Modern Assurances — Lent Reading — Of Charitable Uses — Pleader, in Folio Hetlies' Reports Horns Mirror of Justices in French — Idem in English IVs fratrum per Page Judge Jenkins Tracts of the Law Jenkins Rerum Judicatarum — Pacis Consultum Idea of the Law Justice Restored Justice Revived Ireland's abridgement of Cooks Reports Judgements of the Upper Bench Instructions for the Court of Wards KElyweyes Reports, with Dallison and Benlows Kitchen Court-Leet in French — Idem in English LOrd Leighs Reports, fol. Lambert's Saxons Laws. — Justice — Perambulation of Kent with Cinqueports — Archeion — Duties of Constables Long Quinto Liber Intrationum Linwoods Constitutions Lanes Reports in the Court of Exchequer Lawyer's Logic Littleton's Tenors French — in English Layman's Lawyer Leighs Law Terms Lees Wards and Liveries Layers duty of Constables leonard's Reports, first, and second — Legis Fluvium Latches Reports, fol. Manwoods' Forest Laws Marches Reports — Actions of slanders, two parts — Amicus Republicae — Marches Cases Magna Charta Moils Entries Moors Reports, French Modus Tenendi Parliamenti, with Hackwel, in 12 NOys Reports — Maxims of the Law — Complete Lawyer Nuisances Novae Narrationes ORdinances of the Lord Protector Ordinances in Parliament Owen's Reports Orders for the Poor Orders in Chancery Order and Method of passing Bills in Parliament, in quarto Phillip's Principles of Law Placita Rediviva pryn's Parliamentary Writs — Plea for the Lords — Records of the Tower Poultens Statutes — Abridgement — De pace Regis Plowdens Reports — Abridgement — Quaeres French — English Pophams Reports powel's Attorneys Academy — Court Leet — Repertory of Records — Attorneys Almanac — Search of Records Penal Statutes Perfect Conveyancer Perkins Law in French Idem English Practice of the Chancery Precedents of Instruments Placita Parliamentaria Parsons Answer to the fifth part of the Lord Cooks Reports RAstals Statutes large, two vol. — Abridgement — Entries Register of Writs Rules of the Upper Bench — Common Pleas — Chancery Ridleys view of the Civil Law Reformatio Legum Ecclesiast. Rights of the People Rights of the Kingdom Scobels Collection of Acts and Ordinances Statutes of sixteen and seventeen Caroli Styles Reports, fol. — Practical Register Statutes of Ireland, two Volumes Stathams Abridgement Scotch Laws, two Volumes Shepherd's Epitome of the Common and Statute Law — Touchstone of Common assurances — Marrow of the Law, or the Faithful Counsellor, two parts — Parson's Guide, or the Law Tithes — Precedents of Precedents — Justice of Peace — Justice's Clerks Cabinet Precedents — Office of Constables — Court Keeper's Guide — Action on the Case for Slander — County Courts — Proposals for regulating the Law — Survey of Justice — Of Corporations — Sovereign's Prerogative Spelmans Glossary — Constitutions Smalls Declarations Swinburn of Wills Special Law Cases. Selden of Tithes — Arguments about Liberty of the Subject — Privileges of the Barons in Parliament Sea-Laws, in Octavo Shearmans' Estates Tail Shipmoney Star-Chamber Case Stamford's Pleas of the Crown Skein verborum significat Stones Readins on the Statute of Bankrupts Smith's Commonwealth of England, in twelve Tenors of Ireland Table to Edward the 3d. second part — Quadragesimus To Henry the 6th. — To Henry the 7th. — To Dyer Three Readins, viz. of Sir James Dyer, Sergeant Brograve, and Sir Tho. Risden. Judge Thorps' Charge Tothils' Transactions in Chancery Treatise of Barons Trotmans' Abridgement of Cooks Report Theloalls Digest of Writs Terms of the Law Thesaurus Brevium, or a collection of Writts' used in the Kings-Bench Tything Table, in quarto VErnons Regulation of the Exchequer VVInches Reports west's Presidents, 2 parts. Woman's Lawyer Wiseman's Law of Laws Wingates abridgement of the Statutes. — Body of the Law — Summary of the Common Law — Statuta pacis — Maxims, or Reason of the Law wilkinson's Office of Sheriffs White of the praise of the Law — Majestas Intemerata, in twelve young's Vade Mecum yelverton's Reports ZOuch Elementa juris prudentiae — Juris Fecialis — Specimen Questionum — Questions and Cases Resolved. FINIS.