coke Report16b davis v gardener Trinity term Elizabeth in the common plea SC  Poph SC cite roll Rep more Cr car Cr James Bulst Siderf Jones Siderf latch  roll Rep Poph hetl Mod SC cite send for palm salk ld raym east Bl Com bull n p  a that edit vin Abr action d a pl d a pl S a pl Com dig action case for  defamation d Bac Abr slander b c t u to say of a woman that I S do get her  with child and she have a child by he whereby she lose her marriage with I d  be actionable because saint if the woman have a bastard she be punishable by  the stat Elizabeth c and ndly though the word be a spiritual slander yet the  loss of marriage be temporal for spiritual defamation as call one a whore  heretic or adulterer c no action lie without special damage but it be  actionable to say of a clergyman he be a heretic c whereby he lose his  preferment or to charge a woman with incon b Cr Elizabeth more Bulst Bulst  lane godb vin Abr action Q a pl c Cr Elizabeth Bulst vin Abr action Q a pl d  more Leon Siderf Anders a SC S p cite send for Bac Abr temptation to sin great  man b vin Abr action m b pl and see show pl ED e post b Cr car Jones Siderf b  see send for king v Scofield call but a solicitation to commit a crime though  nothing be do in pursuance of such solicitation be now hold to be itself a  indictable offence the king v Higgins east the king v Phillips east and it  shall therefore seem that at this day a action will lie for charge a person  with such criminal incitement see east ED c ante p b u a for some particular  relate to this court see Bl Com ch ED d but such conspiracy have a tendency to  a breach of the peace be now hold to be indictable at the session the king v  Higgins east as to the offence of solicit to commit crime see Chit c l ld raym  burr Esp Rep camp and the book cite in d b sup ED contra as to this point side  Ventr comb Mod lev salk vin Abr action d a pl see the note and reference infra  coke report a er p tinence who be bind to live chaste or hold a estate  Interrog  cast to live or a innkeeper with have a infectious disease by which  she lose her guest slander of title under a claim of right be not actionable  the plaintiff a declare that she be a virgin of good fame c and free from all  of incontinency c and whereas Anthony Elcock citizen and mercer of suspicion  London of the substance and value of three thousand pound desire her for his  wife and have thereupon confer with John Davis her father and be ready to  conclude it the defendant praemissor non ignorant to defame the say whether  and to obstruct the say anthones proceed utter and publish of the say whether  these word I know davis daughter well innuendo pillage annam she dwell in  Cheapside and there be a grocer that do get her with child and the defendant  be there then admonish that he shall be advice quid to say de say beforehand  advance Anna beyond de eaden dixit I know very well what I say I know her  father and mother and sister and she be the young sister and have the child by  the grocer by reason of which word the plaintiff be great defame et ration ind  dict Antonius self annam in wife to lead inside recusaba and the defendant  plead not gild and by nisi prius in the county of buck the juror find for the  plaintiff and assess damage to two hundred mark and it be now move in arrest  of judgement by the defendant counsel that the say defamation of incontinency  concern the spiritual and not the temporal jurisdiction and therefore as the  offence shall be punish in the spiritual court so her remedy for such  defamation shall be there also for getting to know cause non observe ad forum  palace so if a coke Report17a man be call bastard or heretic or miscreant or  adulterer forasmuch as these belong to the a ecclesiastical jurisdiction no  action lie at the commonlaw b and in proof thereof h a b h a b be cite but it  be answer by the plaintiff counsel and resolve per totan curian that the  action be b maintainable for two reason saint because if the woman have a  bastard she be punishable by the statute of Elizabeth cap c and although a  word which impute a offence cognisable in a spiritual court may be punish in  such court but to support a suit for spiritual defamation three incident be  requisite saint that it concern matter mere spiritual and determinable in the  ecclesiastical court as call a man a heretic adulterer c or a woman a whore  side vent lev lev salk Bac Abr slander t ndly that it concern matter mere  spiritual only for if such defamation touch any matter determinable at the  commonlaw the ecclesiastical judge shall not have cognizance of it rd he who  be defame can sue there for damage or amends but only for the punishment of  the sin pro salute mind and for cost post   a Inst therefore if actionable  word be couple with word which be a spiritual defamation and a suit be  institute in the spiritual court for the whole a prohibition lie so if it be  suggest to the court that a temporal damage have be receive from word which be  spiritual defamation a prohibition lie for it will be vexatious to proceed in  both court Bac Abr slander u burn ecclesiastical l ED Skinner a Brownl more Cr  Elizabeth godb vin Abr action d a pl ante p a n S b see send for ante p a n S  Bl Com burn ecclesiastical l title defamation Bac Abr slander t Com dig case  defamation f vin Abr action d a in what kind of slanderous word spiritual  court have jurisdiction d ibidem ED b Cr Elizabeth Bac Abr slander u see n c  infra c S p palm cart but it seem that this reason as to the statute Elizabeth  c be only the opinion of my Lord coke and it have be often deny to be law for  she be nit punishable by the Elizabeth unless her bastard be likely to become  Chargeable to a parish the statute only extend to such bastard see side pl  Ventr comb Mod lev salk roll Abr vin Abr action d a pl Bac Abr slander b a  verbal charge coke report a er p fornication or adultery be not examinable by  our law because they be do in secret and peradventure be indecent to be open  examine yet the have of a bastard be a thing apparent and punishable by the  say Act it be resolve if the defendant have charge the plaintiff with bare  incontinency yet the action shall be maintainable for in this case the ground  of the action be c temporal know that she be to be advance in marriage and  that she be defeat of it and the mean by which she be defeat be the same  slander which mean tend to such end shall be try by the commonlaw d so if a  divine be to be present to a benefice and one to defeat he of it say to the  patron that he be a heretic or a bastard or that he be excommunicate by which  the patron refuse to present he as he well may if the amputation be true and  he lose his preferment be shall have his action on the case for these slander  tend to such end e and if a woman be bind that she shall live continent and  chaste or if a lease be make to her Interrog  d cast to live in these case  incontinency shall be try by the commonlaw f and Popham chief justice say that  if one say of a woman that keep a e inn that she have a great infectious  disease by which she lose her guest she shall have a action on the case g Trin  Elizabeth in b r inter banister and banister it be resolve that where the  defendant say of the plaintiff be son and heir to his father that he be a f  bastard that a action on the case lie r for it tend to his disinherison of of  incontinence against a woman without special damage be not actionable though  it be otherwise if it be in write Bl Com Edward raym will post   case of libel  but wherever some certain or probable loss or damage arise from the verbal  imputation of the want of chastity it be actionable as to say a woman have  have a baste and whereby she lose her marriage as in the present case and see  ante p a n S and the case there cite or call a woman a whore in London where  she be subject to be whip for whoredom vin Abr action S pl post a and the note  there or to say that she be so where she hold a estate dumb sola et cast to be  infra lev will ED c Cr car Cr James palm roll cart keb   a hetl see n d infra  d Acc lev will vin Abr vin Abr action d a pl Com dig action case for  defamation d Bac Abr slander c and see note c above so a action have be hold  to lie for call a man a whoremaster by reason of which he lose his marriage  with a d for a man may suffer temporal damage by loss of marriage as well as a  woman Matthew v cross cro James Southold v Daunston cro car as to word by  which the party have a special damage in general see Com dig action case for  defamation d Bac Abr slander c ante p a n S and the book there cite ED e S p  Com vin Abr action d a pl S a pl Bac Abr slander u see further as to slander  for word speak of a clergyman burn ecclesiastical l and n h ib vin Abr action  d a S a Bac Abr slander t u Com dig action case defamation d ED d Siderf f Acc  lev will Bac Abr slander u ante p a n c ED e roll Rep Cr Elizabeth g S p vin  Abr action u a pl bull n p a that edit and see tailor v hall stram Carslake v  Mapledoram t r Bac Abr slander b Com dig action case defamation d ante p a n S  ED roll Rep roll Rep Cr James Cr car Jones hob godb Owen Dall Bulst roll Cr  Elizabeth Le pl ld raym vent vin Abr action d a pl Bac Abr slander c but see n  h infra h S p doubt by Vaughan CJ unless there be a special damage any more  than to say that one have no title to the land vent and this seem to be the  better opinion see cro Elizabeth Vaughan v Ellis cro James burgundies v  Strutfield roll Abr Bl Com wood vin Abr action d a Abr slander c Com dig  action case defamation c ante I p b n n ED coke report b er p the land which  descend to he from his father but there it be resolve that if the defendant  pretend that the plaintiff be a bastard and that he g himself be the next heir  there no action lie I and that the defendant may show by way of bar if the  plaintiff omit it in his declaration king which agree with the resolution in  whether davis case and with the Lord cromwells case