coke Report12b the lord Cromwell case Trin Elizabeth rot in the king bench SC  cite send for Poph Danv sand Mod dougl n salk camp Bl Com Woodd n Fonbl Tr Eq  n bull n p Selw n p Chit plead Chit c l vin Abr action a pl m b pl Com dig  action case for defamation b action on statute e parliament r pleader Q l Bac  Abr action who tam a temptation to sin great man c slander d S see the note  and reference infra in temptation to sin great man for say you like not of I  since you like those that maintain sedition against the queen proceed the  defendant justify by show the occasion of speak the word and that the  plaintiff encourage man to preach against the common prayer he only mean that  he like of those who maintain sedition innuendo full of discord this education  against the queen proceed hold that this be a sufficient extenuation of the  word the stat de temptation to sin great man be a general law of which the  judge will take notice without plead b t in a action upon this statute if the  Act be set forth a misrecital in a material point as now for a lie be fatal  all statute which concern the king be general law of which the judge will take  notice without plead action on the stat de temptation to sin great man must be  by who tam c a private Act of parliament if contrary to law and reason be void  if word prima fancy impute felony or otherwise sound in slander have be use in  a different sense the defendant may plead it special Henry Lord Cromwell bring  a action de temptation to sin great man against Edward Denny vicar of  Northlinham in the county of Norfolk tam pro dom queen how pro he himself and  declare upon the stat of r cap a that if any p see ante p a two a ED see the  late statute touch entry and claim c ante p a wonder note this statute be not  of record in the parliament roll Inst say vide pryn contra it be make on  occasion of a quarrel between John of gaunt and W Wickham who have slander  gaunt with illegitimacy c note to the former edition infra n a a by the stat r  saint c nun shall devise or speak false news lie or other such false thing of  the prelate duke earl baron and other noble and great man of the realm and of  the chancellor treasurer clerk of the privy seal steward of the king house  justice of the one bench or the other and other great officer of the realm and  he that do shall incur the pain of the stat Westminster e c which will that he  be take and imprison till he have find he of coke report b er p contrive  aliquan falsehood novan terrible et falsehood now de to bear before leader  comrade et other nobles et great man royal power c by which debate may arise  betwixt the lord and Commons which God forbid by which danger mischief and  destruction may happen to the whole realm c and whoever contra to make shall  incur the penalty of the stat of W c and the defendant be charge that he say  to who the word be move and by stat r c l shall be not be able to find such  person he shall be punish by the advice of the council notwithstanding the say  statute these two statute be say to have be procure by the duke of Lancaster  who be extreme unpopular and at the time of the insurrection among the villain  have be single out as a principal object of their fury reev hist parliament  hist Mod Mod and it have be observe that no action have be bring on the stat r  c till one hundred year after the make thereof the lord still continue the  military way of revenge to which they have before be accustom ibidem in the  construction of these statute it have be hold that though the r c do not  express give a action yet the party injure may maintain a action on the  statute upon the principle of law that a action lie on a statute which  prohibit the do a act to the prejudice of another Inst post   b a viscount  though this dignity be create subsequent to the statute viscount say and seal  v Stephens cro car and a peer of Scotland since the union may take advantage  of this statute Lord viscount Falkland v Phipps Com Rep pl and though the  statute mention only justice of the one bench or the other yet a baron of the  exchequer be within the Act palm post   but it have be hold that the king be  not include in the word great man of the realm as the statute begin with a  enumeration of person of a inferior rank as prelate duke c Cromp Jur Inst post    and see ante ill p b and will e ib nor do the statute extend to a woman  noble by birth Cromp Jur nor to a peer if he be not so at the time of the  speak palm temptation to sin great man lie not only for any word which be  actionable when speak against a common person but also for word sound in  slander though they be not so certain as to maintain a action in the case of a  common person as if a man say my Lord p send after I to take my purse though  he do not say felonious lev side vent so where the defendant say of the  plaintiff he be a unworthy man and act against law and reason Lord Townshend v  Hugh Mod Mod but this action do not lie for a judicial proceed against a peer  by action indictment c though he be acquit Inst hob Kel dyer a nor where the  word do not import slander than Gouls more Poph the action must be bring tam  pro lord ring how pro he himself infra a and d e ib and it must appear on the  face of the declaration that the party injure be unit great man at the time  when the word be speak cro James but as the stat r c be a general law infra a  it deed not be plead Lord Shaftesbury v Lord Digby Mod though if the party  undertake to recite it and fail in a material point it will be fatal infra d b  it have be hold that in temptation to sin great man the defendant can justify  let the word be ever so true because the action be bring who tam in which the  king be concern but that the defendant may explain the word by show the  occasion of speak they and thereby extenuate the scandal as be do in the  present case Poph Mod Freem Woodd d bull n p a will that edit Bac Abr  temptation to sin great man c sand Chit plead special bail be not require in  this action Mod Mod and the venue can be change upon the common affidavit duke  of Norfolk v Alderton Carth stram duke of Richmond v Costelow Mod salk lev  barn Cas bring c p bring Reg pale yellow c p Tidd Bac Abr temptation to sin  great man c neither can a writ of error be bring upon it in the exchequer  Chamber for this be not a action on the case within the meaning of the stat  Elizabeth c which give the writ of error in exchequer Chamber in certain case  Lord say and seal v Stephens cro car coke report a er p the plaintiff a then a  baron of the realm it be no marvel that you like not of I for you like of  those that maintain b sedition against the queen proceed the defendant justify  the word upon which the plaintiff demurrer and the bar be hold insufficient  and term Trin year Elizabeth in arrest of judgement it be move by the  defendant counsel that the declaration be insufficient because the say Act of  r be c misrecited b for the word of the Act be si ascun controver ascun faux  nouvelles et horrible et faux messoinges which word d messoinges be who  translate the statute at large into English have translate message which be  the reason that he who draw the declaration in the case at bar insert the say  word e now where it shall be a lie the say Act say and whosoever shall do it  shall incur c and the plaintiff in his declaration say et quicunq contra to  make which be as much as to say who shall not do it but against that it be  object that the say Act be a private Act it concern only the coke Report13a  prelate noble and certain great officer whereof the court will not take notice  ex duty and therefore the court ought to take the Act as the party have allege  it but it be resolvedby Wray chief justice sir Thomas gawdy et totan curian  that it be such Act whereof the a court ought to take notice c and eastern to  greater extent because it by a mean concern the king himself d lie sir W Jones  and it be now settle that no new trial be oh be grant in temptation to sin  great man for excessive damage Lord Townshend v Hugh Mod Mod the bishop of  London v Edmond Hickeringhill hill car c b Bac Abr temptation to sin great man  c but it have be hold that the plaintiff obtain a verdict be not entitle to  cost show that the statute James c S which appoint that action for word shall  be commence within two year do not extend to temptation to sin magnatam cro  car see further as to this action Inst bull n p Selw n p Com dig action case  for defamation b Bac Abr temptation to sin great man vin Abr action m b and  the note infra ED a cro car vin Abr action m b pl Bac Abr temptation to sin  great man b in a action upon the stat r c if the Act be misrecited in a  material point as now for a lie it be fatal b Doct plan Bulst roll Rep f Mod  vin Abr action m b pl Bac Abr temptation to sin great man b c Doct plan dougl  n bull n p Com dig action case b b Acc viscount say and seal v Stephens cro  car dougl n bull n p Selw n p Com dig action case for defamation b action on  statute I sup n a so in boil v Whitaker dougl it be hold that if the defendant  undertake to set forth the statute h c in a plea td a action on a sheriff bind  a misrecital be fatal S p rule in trussel v Aston cro Elizabeth and see Holbe  v bray say for instance of misrecital what fatal and what not see Com dig  action case for defamation b Chit c l ED d hut e Cr car Bulst Com dig action  case b hawk b c S Chit c l Bac Abr indictment h a hob Doct plan   a b post a b  a Plowd a Mod bull n p Selw n p vin Abr action m b pl Com dig parliament r c  Acc Lord Shaftesbury v Lord Digby Mod dougl will bull n p Selw n p Bac Abr  temptation to sin great man c and see will a sup as to plead act of parliament  see post   and the book cite ante I b Q ED d public and general act which the  judge will take notice of without plead be act concern the king the queen and  the prince those concern all prelate noble and great officer those concern the  whole spirituality and those which concern all officer in general such as all  sheriff c act concern trade in general or any specific trade act concern all  person general though it be a special or particular thing such as a statute  concern assize or wood in forest coke report a er p forasmuch as it touch the  prelate noble and great office which be of the king Council and of eminent  quality and serve he in so high and honourable office which they have under  the king and by his royal authority have the administration of justice to his  subject by which it appear that the slander of they principal concern the king  himself in his royal government forasmuch as the statute say that danger  mischief and destruction may happen to the whole realm c that also concern the  king for he be the head of the realm and these be the reason that always such  action de temptation to sin great man have be bring upon the say statute tam b  pro lord ring how pro he himself e and of all statute which concern the c king  the judge ought to take notice f it be likewise resolve that if the Act be  private and that the court ought to take it to be such as be allege then the  say Act be against law and reason and therefore void g for as it be allege  those who do not offend shall be punish and that be to convict guiltless et to  send down party in law suit wherefore judgement be give against the plaintiff  quod nothing to take in hand per billam and afterward the plaintiff bring a  new action and amend the fault of the declaration and then the court be move  that the say word be not actionable because it may well be that the plaintiff  mean like of some person which maintain sedition against the queen proceed and  yet be do not d know that they maintain sedition nor do the word import that  the plaintiff know that they maintain sedition and it be say quod feeling a  word be duplex sure mitis et c base c Com dig parliament r private act be  those which concern only a particular species thing or person of which the  judge will not take notice without plead they videlicet act relate to the  bishop only act for toleration of dissenter act relate to any particular place  or to diverse particular town or to one or diverse particular county or to the  college only in the university Com dig parliament r in a general Act those may  be a private clause ibidem king v London Skinn dougl n and a private Act if  recognize by a public Act must afterward be notice by the court as such t r  the distinction between public and private bill stand upon different ground as  to fee all bill whatever from which private person corporation c derive  benefit be subject to the payment of fee and such bill be in this respect  denominate private bill instance of bill within this description be enumerate  in vol Hatsels Prec edit p c in parliamentary language another sort of  distinction be use and some act be call public general act other public local  act videlicet church act canal act c to this class may also be add some act  which though public be mere personal videlicet act of attainder and patent act  c other be call private act of which latter class some be local videlicet  enclosure act c and some personal videlicet such as relate to name estate  divorce c see the print report from the Com for promulg of stats see further  as to the distinction between public and private act Bac Abr statute f Inst I  n Com dig parliament r ED b Doct plan bull n p Selw n p vin Abr action a pl  Com dig action case for defamation b action on statute e Bac Abr action who  tam a temptation to sin great man c and see n e infra e a action upon a  statute which prohibit a thing but do not give any penalty must be bring tam  pro ring how pro he himself because in such case the king be to have a fine  waterhouse v bawd cro James but though a action of scan mag must be by who tam  c yet the party be to recover all the damage I p wms when a action lie by who  tam see hawk p c Com dig action on statute e Bac Abr action who tam a ED c  post a   a f S p the prince case post   a Com dig parliament r and see n d sup  g Acc Bl Com so a private Act will be relieve against if obtain upon  fraudulent suggestion ibidem cite Richardson v Hamilton cane Jan mkenzie v  Stuart dom proc mark d palm cro Elizabeth cro James Yelv coke report b er p  asper et word always accipenda are in e mild sensum h to which it be say that  sedition be a public thing et to say sedition f quasi separately a going great  poplar tree when to go ad manus which be notable describe by the poet ac just  as great in poplar tree cum often coming into being be sedition to be fierce  animus unknown vulgus are you going so soon face et stone volant furor arms  ministrate Virg Aen by which sedition be so public and violent it be say that  by common intendment the plaintiff have notice of it and it be not like felony  or murder which may be clandestine and do in secret but as to that the judge  do not deliver any opinion for they say that upon argument and consideration  they may alter their opinion coke Report13b which they now conceive which will  be dangerous to the party and therefore they say to the defendant counsel be  well advice and plead or demurrer at your peril wherefore they plead a special  justification well know that the other matter will be save to they and the  effect of the justification be that the defendant be vicar of Northlinham  which be a benefice with cure and that the plaintiff procure I t and I g to  preach several in the church of Northlinham who in their sermon inveigh  against the book of common prayer which be establish by the queen and the  whole parliament in the first year of her reign and affirm it to be  superstitious and impious c a upon which the plaintiff and defendant speak in  the say church of these sermon because the vicar know they have no licence nor  be authorize to preach when they be ready to preach before their sermon forbid  they but they by the encouragement of the plaintiff proceed the plaintiff say  to the defendant thou art a false varlet and I like not of you to which the  vicar say it be b no marvel though you like not of I for you like of these  innuendo pillage I t and I g that maintain sedition innuendo full of discord  that education against the queen proceed and so justify and it be move by the  plaintiff counsel that this bar be insufficient for two reason that the matter  of justification be insufficient because as have be say sedition can be commit  by word I but by public and violent action if the matter of justification be  sufficient then upon the say dialogue between the plaintiff and defendant the  defendant be not guilty but it be say that such justification dialoguewise  have not be see before but if the truth of the cause be such he ought to plead  not guilty and give the special matter in evidence king e   a godb post b b  hut e   a h but this rule that word shall be take in mild sensum be now  explode and it be hold that they shall be interpret in that sense in which  they be common apprehend Bradlegan and Messon m g bull n p Lord townsend v  Hugh Mod Carslake v Mapledoran t r woolnoth v meadow east smith Robert v  Camden east only that when equal susceptible of two sense the one  notdefamatory shall be prefer as ex g to say that another be forswear be not  actionable holl v Scholefield t r and it seem that there be no difference in  this respect between ail action ground upon the stat de Scan mag and a common  action of slander bull n p though it be former hold that the word in the one  case shall be take in mild sensum and in the other in the worst sense against  the speaker that the honour of such great person may be preserve earl of  Peterborough v sir John mordant vent ED f Rushw collect append c Virgil Aeneid  roll Mod Rep Poph palm a Doct plan b Doct plan will vin Abr action m b pl I  but the speak or write seditious word be a offence punishable by fine and  imprisonment as to which see hawk p c Bl Com cro car east p c Chit c l c three  ED king in a action for word or a libel where the defendant admit the publish  or speak of the libel or word as state but justify so do because they be coke  report b er p but if he will justify he ought to justify the word in the same  sense they import upon the matter allege in the declaration as if a man bring  a action on the case for call the plaintiff c murderer the defendant will say  that he be talk with the plaintiff concern unlawful hunt and the plaintiff  confess that he kill several bare with certain engine to which the defendant  answer and say thou art a murderer innuendo the kill of the say bare this be  no d justification l for be do not justify the sense of the word which the  declaration import and therefore he ought to plead not guilty but as to that  it be answer by the defendant counsel and resolve by the whole court that the  e justification be good m for in case of slander by word the sense of the word  ought to be take and the sense of they appear by the cause and occasion of  speak of true he must plead this matter special for be can give it in evidence  under the general issue sand Pri Exch Rep will stram Bos and p Bos and p a I t  r Selw n p Com dig pleader l though this plea shall not be resort to unless  the defendant be satisfy that be can support it in evidence because if plead  unsuccessful it will probable material increase the damage though it will not  make any difference in the cost east but where the defence be that the libel  or word be publish or speak not in the malicious sense impute by the  declaration but in a innocent sense or upon a occasion which warrant the  publication this may be give in evidence under the general issue because it  prove that the defendant be not guilty of the malicious slander charge in the  declaration as if the word be speak by the defendant as counsel and be  pertinent to the matter in question sand brook v sir h Montague cro James Poph  Selw n p Hodgson v scarlet barn and a or be write or speak in confidence and  without malice as when a master honest and fair give the character of a  servant to one who ask his character under pretence of hire he Edmonson v  Stephenson bull n p Weatherston v Hawkins I t r and see Dunman v big camp n  godson v Herne I t Br though if do malicious and with intent to injure the  servant it be otherwise Roger v Clifton Bos and p or if the word be read as a  story out of a history cro James or be speak through concern or in a sense not  defamatory as in the present case infra Poph roll Rep or the defendant may  plead these matter infra but it be now more usual to give they in evidence  under the general issue sand Campb Chit plead it be proper however to plead  special that the defendant only repeat the slander utter original by a three  person t r east and see I Bos and p in Underwood v park stram it be hold that  on not guilty the truth of the word shall not be allow to be give in evidence  in mitigation of damage but the defendant may prove a common report in  mitigation as show no actual malice Campb prior to the case of Underwood v  park it be hold that where the charge be of a particular and specify criminal  act not capital the defendant may give the truth of it in evidence Smithies v  Harrison ld raym however where the word charge impute a capital crime if the  plaintiff give evidence of other expression to the same purpose in aggravation  the defendant may in mitigation give evidence that these last be true for he  have no opportunity to plead it Collinson v Loder bull n p ED c Doct plan Bac  Abr slander S d Doct plan post a l but in a infra the court hold the  justification good for as this plea do confess and justify the word it will be  unreasonable to confine the defendant to the general issue see Bac Abr slander  S d Thompson v Bernard I Campb minor v leeford cro James Christie v Powell  peak Cas bull n p above n king ED e Doct plan fl sand wood n bull n p Chit  plead rd edit vin Abr action m b pl Bac Abr temptation to sin great man b  infra n m m see ante p b n a and the book cite in n e sup ED coke report a er  p they n for feeling veborum ex causan to say accipiend be et sermon always to  take without effort coke Report14a are secundum to throw under means then in  this case the defendant counsel have well do to show the special matter by  which the sense of this word sedition appear upon the coherence of all the  word that it be in the defendant meaning the say seditious doctrine against  the queen proceed sure the say Act of parliament de year primo by which the  book of common prayer be establish and that he do not mean any such public or  violent sedition as have be describe and as ex way termini per see the word  itself import and it be say God forbid that a man word shall be by such strict  and grammatical construction take by parcel against the manifest intent of the  party upon consideration of all the word which import the true cause and  occasion which manifest the true sense of they because who ad One that which  divides locula are non to withhold ad other to bend aside and therefore in the  say case of murder the court hold the a justification good oh and that the  defendant shall never be put to the general issue when he confess the word and  justify they or confess the word and by special matter show that they be not  actionable p and although he vary from the plaintiff in the sense and quality  of the word yet it be no cause to drive he to the general issue Q as in  maintenance the plaintiff charge the defendant with unlawful maintenance the  defendant may justify by reason of a lawful maintenance r and may not plead  the general issue wherefore the plaintiff reply and say quod pillage Edward  Denny dixit propalavit et prediction word c de in an unjust manner svan not  common with others without tali causan and thereupon issue be join et postea  part concordaveru and this be the first cause that the author of this book who  be of counsel with thedefendant move in the king bench in this case reader you  may observe a excellent point of learning in action for slander S to observe  the occasion n S p sand vin Abr action m b pl Bac Abr slander d and see ante p  b n a ED Fonb Tr Eq n Bac Abr slander d and see n n above vin Abr action m b  pl Bac Abr slander d a Doct plan ante b Bac Abr slander d S and see post b and  n oh infra see ante p b n king and the book there cite ED p S p Com dig  pleader l and see cro car Bac Abr slander S ante p b n king ED Q S p Com dig  pleader l cro car and see Bac Abr slander S and see n king sup ED r as to the  offence of maintenance see Inst b three and n l ib t r Ves hawk b c Com dig  maintenance Bac Abr maintenance Bl Com Chit c l n a burn I maintenance William  I maintenance ED S a action on the case lie against any person for false and  malicious speak and publish of another word which affect his life Lewis v  Robert hard roll Abr pl office how v Prinn salk Lord raym profession Hardwicke  v chandler stram or trade Upsheer v bet cro James or which tend to his loss of  preferment in marriage or service roll Abr or to disinherit he roll Abr or  deprive he of his estate Bois v Bois lev and see Hargrave v Le Breton burr  smith v Spooner taunt Pitt v Donovan I maul and S post   ante I b and n n ib  or which occasion any other particular damage bull n p finch b c more v  Meagher taunt brown v Croome stark and see the case post b to b for slander of  this kind a action may be bring before any injury have be sustain the law  imply the injury from the nature of the word hence such word be say to be  actionable in themselves Bac Abr slander a Selw n p Harwood v Astley I Bos and  p in order to maintain this action it be essential necessary saint that the  word shall contain a express imputation of some offence liable to legal  punishment as treason Lewis v Robert hard murder roll Abr pl larceny alein  perjury roll Abr keep a bawdy house c roll Abr and see post   coke report a er  p and cause of speak of they and how it may be plead in the defendant excuse  when the matter in fact will clear serve for your client although your opinion  and the note there and the word must be precise in charge a fact to have be  commit for it be not enough to charge a person with air evil intention only  Onslow v horn will Harrison v Stratton Esp n p c so the charge another with a  crime of which he can by a possibility be guilty as kill a person who be then  live be not actionable see snagg v gee post   a and the crime must be such for  which the offender be punishable by commonlaw or statute for charge a man with  a offence examinable only in the spiritual court unless special damage ensue  be not actionable parrot v carpenter cro Elizabeth grove v Blanchet salk or  ndly the word shall be of probable illconsequence to a person in his trade  profession or office or which operate to exclude he society as the charge he  with have a infectious disease tailor v Perr roll Abr tailor v Perkins cro  James Crittal v Horner hob James v Rutlech post   but the word must charge he  with be then infectious and not with have be so Cartlake v Mapledoram t r  tailor v hall stram No imputation of the mere defect or want of moral virtue  moral duty or obligation will be sufficient to find a action per de grey CJ in  Onslow v horn will recognize by Laurence I in holt v Scholefield t r thus to  call a man a swindler be not actionable Saville v Jardine h Bl so to call a  man a thief be not actionable where that expression be accompany with other  word which clear denote that the speaker do not intend to impute felony to the  party charge as if a man say to another you be a thief for you steal my tree  cro James bull n p robbins v Hildredon minor v leeford cro James Tibbs v smith  t raym Christie v Cowell peak n p c Thompson v Bernard camp n p ib post   b  and the note there the general rule of construction as to slanderous word be  to construe they in their plain and popular sense and such in which a ordinary  hearer will have understand they at the time they be speak Harman v delay  Fitzherbert carpenter v Tarrant can tempt Hardw Robert v Camden east and see  vin Abr action z a Fleetwood v curly hob pale yellow Eq Rep ante p b d a word  not actionable in themselves may become so by reason of some special damage  receive from they as if a person say to a woman you be a whore whereby she  lose her marriage roll Abr or a substantial benefit arise from the hospitality  of friend more v Meagher taunt so if a person say of another he be a bastard  whereby he be prevent from sell his estate low v Harewood sir W Jones cro car  and see whether davis case post   but in these case the special damage must be  particular state in the declaration and prove because the special damage be  consider as the gist of the action brown v Gibbons salk bull n p sand c  Hartley v herring t r feise v Linder Bos and p and the special damage must be  the legal and natural consequence of the word speak for it be not sufficient  to prove a mere wrongful act of a three person induce by the slander such as  that be dismiss the plaintiff from his employment before the end of the term  for which they have contract vicar v wilcocks east and see Bos and p Bos and p  but where the word be actionable per see the plaintiff may recover though no  special damage be state or prove sand Esp in either case however the plaintiff  can give evidence of any special damage unless it be state in the declaration  bull n p sand Esp Rep stram gear v Britton sup Hatheway v Newman Selw it be  actionable to republish another slander unless the dame of the original  defamer be give up at the time Davis v Lewis t r woolnoth v meadow east smith  and the identical expression use be repeat Maitland v Golding east a malicious  motive either express or imply be essential to a action for slander and  special damage so that word speak in confidence Edmondson v Stephenson bull n  p hewer v Dowson ibidem ante p b d king or in passion mere be not actionable  pinfold v Westcote n r and two person can join in this action for the injury  which the one sustain by coke report a er p be that the plaintiff have no  cause of action yet take heed you do not hazard the matter upon a demurrer in  which upon the plead and otherwise more perhaps will arise the slander be not  a injury do to the other anon dyer a pl though it be hold that partner shall  join in a action for slander in the way of their trade cook v bachelor Bos and  p in the declaration the word themselves and not the effect shall be state as  proof of equivalent word will not do Maitland v goldney east cook v Cox maul  and S taunt to state that the word be in substance and to the effect follow  will be improper Rep t Hardw Mod salk wright v clement barn and a vin Abr  libel e Com dig action defamation g and the declaration must charge that the  word be speak and publish of the plaintiff with a malicious intent Johnson v  Aylmer cro throw but it be not necessary to use the word malicious for false  or wrongful be sufficient the law imply malice from the want of a probable  cause sand a t r east Com dig action for defamation g if the word be speak in  a foreign language it must be aver in the declaration that the hearer  understand it unless in the case of Welsh word and the action be bring in one  of the court of great session in Wales when it will be intend the hearer  understand the word sand Com dig action case for defamation g where the word  themselves be such as can only be understand in a criminal sense as when the  plaintiff be direct charge with a theft or perjury c no inducement of any  extrinsic matter be requisite east but if the charge be not necessary  slanderous the plaintiff must by way of introduction or inducement state that  sore fact have take place to which the defendant allude holt v Scholefield t r  king v horn Cowp cro Elizabeth sand Com dig action defamation g Chit plead n  so if word be actionable only in respect of the slander affect the plaintiff  in his office profession trade c it must be allege that the plaintiff be in  trade c and that the word be speak of and concern such trade Yelv Collis you  Malin cro car Todd v Hastings sand a savage v robbery salk east Com dig action  case for defamation g Bac Abr slander S see also sand a ill a upon the subject  of a colloquium in state the slander the word ought to be explain in such  manner as they may require which explanation be technical term the innuendo  from its have be introduce by that word when the plead be in Latin e g thou  the same quer innuendo art a thief its office be mere to explain and designate  that the person intend by the word thou be the plaintiff but that the  plaintiff be the person intend must appear from the manner in which the word  be speak which must be state in the declaration namely that they be speak of  the plaintiff or to the plaintiff or in a conversation with the plaintiff and  not from the innuendo only post   b and the note there Bulst for if the person  of who the word be speak be uncertain a action will not lie and a plaintiff  can mere by the force of a innuendo apply the word to himself Johnson v Aylmer  sup Selw it be say that a innuendo be only explanatory of some matter already  express it serve to point out where there be precedent matter but never for a  new charge it may apply what be already express but can add or enlarge or  change the sense of the previous word king v Greepe salk ld raym Mod as to the  innuendo in general see post   b and the note there salk h Bl king v horn Cowp  east east Robert v Camden east Bos and p camp maul and S Chit c l sand Com dig  action defamation g Bac Abr slander S Selw n p though some of the word speak  may not be actionable yet if they be speak at the same time as those which be  actionable they may all be state in one count post   a sand a dyer a will Chit  plead n but if word not actionable be state by themselves in a distinct count  and the jury give entire damage judgement will be arrest id ibidem as to the  plead see ante p b three king where the nature of the case require  introductory averment in the declaration they must of course be prove Selw  bull n p savage v robbery salk so if the colloquium allege be necessary to  maintain the coke report b er p than you think of but first take advantage of  the matter of fact and leave matter in law which always arise upon the matter  in fact ad ultimum and never at first demurrer in law when after the trial of  the matter in fact the matter in law as in this case it be will be save to you  t