Bulstrode lews plaintiff against walter defendant enter Termin Trin James b r  rot a action upon the case for word Ro Rep l roll ab cro James in a action  upon the case for scandalous word upon non culp plead a verdict be find for  the plaintiff it be move for the defendant in arrest of judgement that the  word be not actionable be S that the defendant say that one John pierce do say  that Mr lews the plaintiff do say that there be no prince in England where in  fact lews the plaintiff do never speak these word and aver that Charles the  prince be then in England the plaintiff also in his declaration set forth that  he be of good fame and a justice of peace it be urge that these word be not  actionable in regard that by a favourable Bulstrode er p construction the  prince may be in another realm there be no certain time express when the word  be speak and it be further urge that this be but a report which he have from  the hearsay of another for the plaintiff it be urge that this be all one as if  he himself have speak the word dodderidge justice if he have speak these word  in the time of queen Elizabeth this have then be true here it be not show when  pierce do say this and this be very material what if one shall say that I S  say that a stranger say that the plaintiff have murder such a one whereas in  truth he do not say so the court demand to see the precedent which be cite of  the lady Morrisons case Haughton by the ancient law he which report false news  of another ought to bring in the party who speak it or else he himself to have  the same punishment that be to be give to such a reporter of false news  afterward at another time two precedent be produce and show to the court in  this case the one of they between the lady Morrison and lane James in b r the  other Elizabeth the Lord north and cony case a case of hearsay as this case  here be and adjudge that the action do well lie and the same affirm here in a  writ of error the first precedent that he hear another speak such word of the  lady Morrison by reason of which word she lose her marriage the word say to be  speak by a scot the plaintiff have judgement here and the same affirm in a  writ of error in the exchequer Chamber Haughton this action be ground upon the  statute of westminst the first cap for contrive of false news and r cap he  ought to bring in the party which he have aver to have speak the word or he  himself shall be adjudge to be the speaker of they dodderidge the matter here  do not rest upon the report but upon the substance of the word for that the  prince may be out of the realm when the word be speak Haughton the averment  here that no such word be speak make this matter strong against he the court  at this time incline to be of opinion that the word be not actionable because  the time be not show when the word be speak but for the Bulstrode matter of  the report of the other this be good and actionable and that accord to the two  precedent before remember and adjudge in point and so without any further  debate this case rest upon a curian advisare vult afterward S termin Hillar  James b r this case be move again and two matter insist upon in arrest of  judgement l because this be but a report that the plaintiff do say so and not  that he do say so himself and that no action lie for these word it be urge for  the plaintiff that the action well lie for these word they be speak on purpose  to draw he into displeasure and to cause he to be suspect in point of his  allegiance and that be as much as to say that there be no king for king be  princeps poplar tree these be word of very great scandal one say of a peer of  the realm S of the duke of Buckingham that he have no more conscience than a  dog these be hold scandalous word and a action de temptation to sin great man  lie for these word and if speak of another person of a gentleman a action upon  the case lie sir William Walgraves case against agard who say to his servant I  be a true subject but thou serve no true subject adjudge that for these word a  action upon the case well lie because it be lie that the word be speak  wickedly to draw his life in question as in this case here also it be there in  that case adjudge that to say that such a one be not the queen friend be word  actionable and that case be affirm in a writ of error in the exchequer Chamber  it be urge for the defendant that if there have be lie a communication to  Bulstrode er p have be of the king and of his issue there it may then have be  otherwise but here the word be speak sudden and it may be that at the same  time the prince be in Scotland and for one to say that the prince be not in  England and that no prince be in England be all one l Haughton it be plain  that if he speak of the prince that the action lie notwithstanding this be of  the hearsay of other but for the second matter if scandalous word be speak of  a man who be not full design by the word themselves but by a innuendo in this  case the action will not lie as if a man have four son and one say that one of  the son of I S he have four son do commit a robbery innuend such a one of they  for these word thus speak no action lie but if it be denote in certain as if  one do say unto a femecovert that her husband be a thief a action upon the  case well lie because the person defame be certain design but here in this  case now in question the slander be not certain but by a innuendo for it be  that he say that there be no prince in England innuendo Charles the prince of  England every duke be a prince and so the word as they be here lie be too  general and Walgraves case be not like to this case for there it be lie that  he do serve sir William Walgrave and so the word as they be here lie be not  actionable dodderidge the action as it be bring well lie it be agree that the  word themselves be actionable the word clear be not enforce by the innuendo it  do not rest here upon the innuendo but upon the denotation of the person if  one say the parson of dale have commit such a robbery a action upon the case  for these word well lie if he aver in his declaration that he be the parson of  dale when the word be speak this case have be here adjudge word speak to a  femecovert S you husband have commit such a felony a action lie for these word  for here the person of who the word be speak be sufficient describe so here in  Bulstrode this case the word themselves sufficient design the person with we  here duke and earl be prince in their degree because they de wear crown  but/when speech be of the prince by this be mean the most eminent where here  in England one speak general of the prince it be to be understand the old son  of the king so here be a sufficient denotation of the person of who the word  be speak and therefore the action here be well maintainable and so judgement  ought to be give for the plaintiff croak agree with he herein that the action  well lie but if the person be to be note by a innuendo the action will not  then lie but here the person by the word themselves be well design if one will  say to any of we that there be no prince he ought for so say to be present  imprison who bene interrogate bene to cause to know these word be scandalous  be such as shall make the party speak of they in danger of his head and life  hunger fides occulus non suffer game here be a sufficient denotation of the  person the hearsay of another be not material the action well lie and  judgement ought to be give for the plaintiff Montague chief justice agree with  they herein that these word be actionable and that they be here very well  explain it be true that in a action upon the case for word you ought to make  the same to agree de mask word to join ad mask here in this case both these be  well do when he say the prince it can be intend of any other than the old son  of the king a innuend shall not supply defect that which be doubtful it will  make plain but that which be want can be supply here it be explanatory we be  not here to understand more prince word scandalous speak of a subject shall be  take accord to the rule of law in mild sensum but when they be speak of the  king or prince and be touch matter of allegiance they be there always to be  take in graviori sensum here the word be scandalous for which the plaintiff  have just cause of action the declaration good and so by the rule of the court  judgement be give for the plaintiff Bulstrode er p