Barnardiston king b the king and LOFEILD how far the court will grant a  information for a libel and will not leave the party to take his remedy by way  of indictment on rule to show cause why a information shall not be grant  against the defendant for a libel Mr fazakerly say that the fact be that the  defendant have bring a action against one Bankcroft for malicious cause it to  be print in the news that he be guilty of felony and for procure he to be  carry before the Lord mayor of London on the suspicion of it in that action  the present defendant recover damage and upon this he put it into the news  that Bankcroft have conspire to charge he with this felony that in vindication  of his character he have bring a action against Bankcroft for so do and have  recover damage against he Mr fazakerly observe that every word contain in this  advertisement be true and though the truth of it can not be justify upon plead  yet he submit it that it be a reason why the court shall not interpose but  leave the party to his ordinary remedy accord Mr strange who be of the same  side observe that the court be of this opinion in the case of the king and  Bickerton cite in the case of the king and dorm easter vide ante Vol I but Mr  fazakerly carry it even far and submit it that the advertisement be no libel  at all nor punishable in any manner whatsoever he say it be well know that  when a verdict be obtain against a man for lie with another wife such piece of  news be constant put in the paper yet a action for the scandal be never  attempt to be bring but the court say that the present advertisement have  false represent the fact for Lofeild do not bring his action for a conspiracy  but for Bankcrofts malicious charge he with felony and a conspiracy require a  infamous judgement they say far that they well remember that this  advertisement be publish just before the trial and it may be of dangerous  consequence to allow of such practice which may tend to influence jury judge  lee say too that the court be of the same opinion as to this last point in the  case of the king and chamber accord the rule be make absolute vide post  Barnardiston king b er p