the lord Cromwell case Henry lord Cromwell bring a action de temptation to sin  great man against Edmund Denny vicar of Northlingham in the county of Norfolk  tam pro dom queen how pro he himself and declare upon the stat of r cap that  if any contrive largely falsehood new terrible et falsehood now de  to bear before leader comrade et other nobles  et great man England c by which  debate may arise betwixt the lord and Commons which God forbid by which danger  mischief and destruction may happen to the whole realm c and whoever contra  to make shall incur the penalty of the stat of wonder I c and the defendant be  charge that he say to the plaintiff then a baron of the realm it be no marvel  that you like not of I for you like of those that maintain sedition against  the queen proceed the defendant justify the word upon which the plaintiff  demurrer and the bar be hold insufficient and term Trinity Elizabeth in arrest  of judgement it be move by the defendant counsel that the declaration be  insufficient because the say Act of r be misrecited for the word of the Act be  si ascun controver ascum faux nouvelles et horrible et faux messoinges which  word messoinges he who translate the statute at large into English have  translate message which be the reason that he who draw the declaration in the  case at bar insert the say word now where it shall be a lie the say Act say  and whosoever shall do it shall incur c and the plaintiff in his declaration  say et quicunq contra to make which be as much as to say who shall not do it  but against that it be object that the say Act be a private Act it concern  only the prelate noble and certain great officer whereof the court will not  take notice ex duty and therefore the court ought to take the Act as the party  have allege it but it be resolve by Wray chief justice sir Thomas gawdy et all  senate that it be such Act whereof the court ought to take notice and eastern  to greater extent because it by a mean concern the king himself for as much as  it touch the prelate noble and great officer which be of the king Council and  of eminent quality and serve he in so high and honourable office which they  have under the king and by his royal authority have the administration of  justice to his subject by which it appear that the slander of they principal  concern the king himself in his royal government in as much as the statute say  that danger mischief and destruction may happen to the whole realm c that also  concern the king for he be the head of the realm and these be the reason that  always such action de temptation to sin great man have be bring upon the say  statute tam pro lord king how pro see Self and of all statute which concern  the king the judge ought to take notice of they also it be likewise resolve  that if the Act be private and that the court ought to take it to be such as  be allege then the say Act be against law and reason and therefore void for as  the same be allege those who do not offend shall be punish and thatwas  to convict guiltless et demitterereum for which cause judgement be give  against the plaintiff quoth nothing to take in hand per billam and afterward  the plaintiff bring a new action and amend the fault of the declaration and  then the court be move that the say word be not actionable because it may well  be that the plaintiff mean like of some person which maintain sedition against  the queen proceed and yet he do not know that they maintain sedition nor do  the word import that the plaintiff know that they maintain sedition and it be  say quoth feeling a word be duplex sure mitis et asper et word always  to take without effort are in mild sensum to which it be say that sedition be  a public thing et to say sedition quasi separately a going great poplar tree  when to go and manus which be notable describe by the poet ac just as great in  poplar tree come often coming into being be sedition to be fierce animus  unknown vulgus are you going so soon face et stone volant furor arms   ministrate Virg Aen by which sedition be so public and violent it be say that  by common intendment the plaintiff have notice of it and it be not like felony  or murder which may be clandestine and do in secret but as to that the judge  do not deliver any opinion for they say that upon argument and consideration  they may alter their opinion which they now conceive which will be dangerous  to the party and therefore they say to the defendant counsel be well advice  and plead or demurrer at your peril wherefore they plead a special  justification well know that the other matter shall be save to they and the  effect of the justification be that the defendant be vicar of Northlinham  which be a benefice with cure and that the plaintiff procure I t and I g to  preach several in the church of Northlinham who in their sermon inveigh  against the book of common prayer which be establish by the queen and the  whole parliament in the first year of her reign and affirm it to be  superstitious and impious c upon which the plaintiff and defendant speak in  the say church of these sermon because the vicar know they have no licence nor  be authorize to preach when they be ready to preach before their sermon forbid  they but they by the encourage by the plaintiff proceed the plaintiff say to  the defendantThou be a false varlet and I like not of thou to which the vicar  say it be no marvel though you like not of I for you like of these innuendo  pillage I t and I g that maintain sedition innuendo full of discord that  education against the queen proceed and so justify and it be move by the  plaintiff counsel that this bar be insufficient for diverse cause the matter  of justification be insufficient because as have be say sedition can be commit  by word but by public and violent action if the matter of justification be  sufficient then upon the say dialogue between the plaintiff and defendant the  defendant be not guilty but it be say that such justification dialogue wise  have not be see before but if the truth of the cause be such he ought to plead  not guilty and give the special matter in evidence but if he will justify he  ought to justify the word in the same sense they import upon the matter allege  in the declaration as if a man bring a action upon the case for call the  plaintiff murderer the defendant will say that he be talk with the plaintiff  concern unlawful hunt and the plaintiff confess that he kill several hare with  certain engine to which the defendant answer and say thou be a murderer  innuendo the kill of the say hare this be no justification for he do not  justify the sense of the word which the declaration import and therefore he  ought to plead not guilty but as to that it be answer by the defendant counsel  and resolve by the whole court that the justification be good for in case of  slander by word the sense of the word ought to be take and the sense of they  appear by the cause and occasion of speak of they for feeling a word ex cause  to say accipiend be et sermon always to take without effort are secundum  to throw under means then in this case the defendant counsel have do well to  show the special matter by which the sense of this word sedition appear upon  the coherence of all the word that it be in the defendant meaning the say  seditious doctrine against the queen proceed sure the say Act of parliament de  year  primo by which the book of common prayer be establish and that he do not  mean any such public or violent sedition as have be describe and as ex way  termini per see the word itself import and it be say God forbid that a man  word shall be by such strict and grammatical construction take by parcel  against the manifest intent of the party upon consideration of all the word  which import the true cause and occasion which manifest the true sense of they  because who and One that which divides to speak are non to withhold and other  to bend aside and therefore in the say case of murder the court hold the  justification good and that the defendant shall never be put to the general  issue when he confess the word and justify they or confess the word and by  special matter show that they be not actionable and although he vary from the  plaintiff in the sense and quality of the word yet it be no cause to drive he  to the general issue as in maintenance the plaintiff charge the defendant with  unlawful maintenance the defendantmay justify by reason of a lawful  maintenance and may not plead the general issue wherefore the plaintiff reply  and say quoth pillage Edward Denny dixit propalavit et prediction word c de  in an unjust manner to sew not common with others without tali cause and  thereupon issue be join et postea part concordaveru and this be the first  cause that the author of this book who be of counsel with the defendant move  in the king bench in this case reader you may observe a excellent point of  learning in action for slander to observe the occasion and cause of the speech  and how the same may be plead in excuse of the defendant when the matter in  fact will clear serve for your client although your opinion be that the  plaintiff have no cause of action yet take heed you do not hazard the matter  upon a demurrer in which upon the plead and otherwise more perhaps will arise  than you think of but first take advantage of the matter of fact and leave  matter in law which always arise upon the matter in fact and ultimum and never  at first demurrer in law when after the trial of the matter in fact the matter  in law as in this case it be will be save to you