case newton against stub a declaration in slander lie the word in Latin be  good although it be not aver that the auditor understand the Latin language SC  Mod action on the case for word speak of the plaintiff be a justice of peace  that he by virtue of the commission do worry man out of their estate that at  another time he speak these false and scandalous word lie they in Latin and  that at another time afterward dixit to bear back et to make public haec  falsehood scandalosa word ad execution following c a general verdict and  damage entire assess Mr trinder move in arrest of judgement that here be word  lie to be speak in Latin and no averment that the auditor to who they be speak  do understand Latin as there ought to be and cite for that the case of Jones v  Dawkes a where it be adjudge that if a man speak certain scandalous word of I  in the presence of man who do not understand Latin no action lie because it be  no discredit to I albeit it be aver that the auditor understand tongue of Rome  for that may be Italian which be now the Roman language and the like of Welsh  word in the case of price v Jenkins b but to this it be answer by Mr Powel  counsel for the plaintiff and by the court that of late it have be adjudge  good and it be now common to lie the word in Latin in information for libel  and for seditious shower KB word and it be not say these Latin word but these  word follow which be lie in Latin c beside those who prove the word must  understand Latin else they can not prove the word then as that case cite be in  croak as I have peruse it the judgement there be arrest for want of a  sufficient certainty that the word be speak of the plaintiff Mr trinder then  urge another exception that they be lie ad execution following which be too  uncertain for hereby it will lie in the power of a witness to swear the import  or sense of word which will be of dangerous consequence and for this he cite  the case of Garford v clarke d for that the defendant wife speak a roll Abr  same case under the name of John v Dauery cro Elizabeth b cro Elizabeth c but  now by statute Geo c and the Geo c all law proceed whatsoever shall be in the  English tongue and language only d cro Elizabeth shower KB er p of the  plaintiff wife quaedam falsehood et scandalosa word quorum tenor sequitur in  haec word and hold not good on a motion in arrest of judgement because not a  express allegation that she speak the same word Mr Powel answer that in the  action of temptation to sin great man bring by his now majesty when duke of  York against Pilkington e it be so allege but the court and the bar say they  believe it be not so there in that case and the case of ford v teague in this  court about four or five year since case for prefer a scandalous petition  tenor pron  interrog  sequitur in haec word be hold well enough it be the  Saltash cause c but the court take a difference between this and that for  there tenor signify the same thing and the petition be set forth at large but  here ad execution make nothing but he speak the sense of the word mention in  the declaration and judgement be accord for the defendant quod to express  grief nil to take in hand per billam but quaere if the principal case be not  well enough after a verdict the ad execution be but surplusage for it be say  haec falsehood et scandalosa word ad execution sequent so that it be  sufficient certain by say haec c and the other word as idle ought to be reject  have it be quaedam word ad effect sequent it have be undoubted ill but however  after much debate judgement be for the defendant in Michaelmas term follow it  have be after move shower KB note as to that case of the duke of York v  Pilkington the declaration be not as Mr Powel allege but haec scandalosa word  sequent