case lord townsend against dr Hugh the court will not grant a new trial in a  action of scan mag on the ground of excessive damage S C Freem S C Mod ante  lev vent side comens stram ld ray Cowp a action will lie on the statute of  temptation to sin great man for say of a peer of the realm that he be a  unworthy person and do thing against law and reason S c Mod   roll Rep Vid Ent  cro car lie palin   lev side vent Bulst cro Elizabeth Leon and cro James Inst  dyer Poph ad action upon the statute de temptation to sin Magnatuna for these  word my Lord townsend be a unworthy person and do thing against law and reason  upon issue not guilty there be a verdict for the plaintiff and four thousand  pound damage give the defendant move for a new trial because of the  excessiveness of the damage and a precedent be cite of a new trial grant upon  that ground and no other atkins justice be for grant a new trial north chief  justice Wyndham and Scroggs contra for that the jury be the sole judge of the  damage modern Maynard sergeant at another day move in arrest of judgement a  see his argument S C Mod S C Freem pl side keb lev keb Freem vent side      show more cro Elizabeth cro James Leon hetley Bulst Leon a that the word be  not actionable and of that opinion be atkins justice but north chief justice  Wyndham and Scroggs justice contra and so the plaintiff have judgement atkins  justice the occasion of the make of the statute of Richard saint c appear in  sir Robert cotton abridgement of the record of the tower fol num where he say  that upon the open of that parliament the bishop of saint David in a speech to  both house declare the cause of its be summon and that among the rest one of  they be to have some restraint lie upon the slanderer and Sour of discord  which sort of man be then take notice of to be very frequent ex malis custom  bonce law the preamble of the Act mention of devisor of false news and of  horrible and false lie of prelate duke earl baron and other noble and great  man of the realm c which by the say prelate lord noble and officer aforesaid  be never speak do nor think in slander of the say prelate lord noble and  officer whereby debate and discord may arise betwixt the say lord or betwixt  the lord and the commons and whereof great peril and mischief may come to all  the realm c if due remedy be not provide and therefore it be strong defend  upon grievous pain for to eschew the say damage and peril that from henceforth  none be so hardy to devise speak or tell any false news lie or other such  false thing of prelate lord and of other aforesaid whereof discord or any  slander may rise within the same realm and be that do the same shall incur and  have the pain another time ordain thereof by the statute modern er p of  Westminster the first b by Edward c which ordain that the offender shall be  take and keep in prison until be have bring he into court who be the first  author of the tale and by Richard c if he can find the author he shall be  punish by advice of the council b which will that he be take and imprison till  he have find he of who the word be moved  So that it seem design against tell  story by way of news concern they the statute do not make or declare any new  offence nor do it inflict any new punishment all that seem to be new be this  first the offence receive a aggravation because it be now a offence against a  positive law and consequent deserve a great punishment as it be hold in our  book that if the king prohibit by his proclamation a thing prohibit by law  that the offence receive a aggravation by be against the king proclamation  second though there be no express action give to the party grieve yet by  operation of law the action accrue for whenever a statute prohibit any thing  be that find himself grieve may have a action upon the statute     there this  very case upon this statute be agree on by the judge so that that be the  second new thing videlicet a further remedy a action upon the statute three  since the statute the party may have a action in the lamb how which he can not  have before now every lie or falsity be not within the statute it must be  horrible as well as false we find upon another occasion such a like  distinction it be hold in sir William chancy case a   a that the  highcommission court can not punish adultery because they have jurisdiction to  punish enormous offender only so that great and horrible be word of  distinction again it extend not to small matter because of the ill consequence  mention debate and discord betwixt the modern say lord c great peril to the  realm and quick subversion and destruction of the same every word import a  aggravation the statute do not extend to word that do not agree with this  description and that can by any reasonable probability have such dire effect  the case upon this statute be but few and late in respect of the antiquity of  the Act it be make in the year for a long time after we hear no tide of a  action ground upon it and by read it one will imagine that the maker of it  never intend that any shall be but the action arise by operation of law not  from the word of the Act nor their intention that make it the first case that  we find of a action bring upon it be in Henry which be one hundred and twenty  year after the law be make so that we have no contemporary exhibition which we  often affect that case in Keilway the next in Henry where the duke of  Buckingham recover forty pound against one Lucas for say that the duke have no  more conscience than a dog and so be get money be care not how he come by it  he cite other case and say he observe that where the word be general the judge  do not ordinary admit they to be actionable otherwise when they charge a peer  with any particular miscarriage Maynard sergeant observe well that the  nobility and great man be equal concern on the defendant part for action upon  this statute lie against they as well as against the mean subject act of  parliament have be tender of rack the king subject for word and the scripture  discountenance man be make transgressor for a word I observe that there be not  one case to be meet with in which upon a motion in arrest of judgement in such  a action as this the defendant have prevail the court have sometime be divide  the matter compound or the action have abate by death c but a positive rule  that judgement shall be arrest we find not so that it be time to make a  precedent and fix some rule accord to which man may demean themselves in  converse with great person wretched people be slavery where his be strolling  since we have obtain no rule from our predecessor in action upon this statute  we have best go by the same rule that they do in other action for word in they  when they grow frequent some bind and limit be set by which they endeavour to  make these law certain the action now increase the modern stream seem to be  run that way I think it be our part to obyiate the mischief so he be of  opinion that the judgement ought to be arrest but the court give judgement for  the plaintiff modern er p