Bulstrode TIRLOT plaintiff against morris or morrison defendant enter pasch  James b r rot or a action upon the case for word c in a action upon the case  for scandalous word speak by the defendant of the plaintiff be lie to be a  merchant the word be these S Tirlot the plaintiff be a bankrupt for speak  these word the plaintiff bring his action and upon not guilty plead a verdict  be give for the plaintiff it be move in arrest of judgement that the plaintiff  ought not to have this action for that he be a alien bear and a merchant  stranger and out of the allegiance of the king whether the plaintiff shall  have a action upon the case for these word thus speak of he be the only  question Henry Yelverton at the bar if these word have be speak of a English  merchant the word be scandalous and the action by such a one we will  maintainable a strong in the case of merchant stranger for that they by the  law of England be enable to trade here and this be also to they strengthen by  the statute of great Charta cap all men trader nisi publice before probibiti  to be babeant salv ax contraction to go out de Anorlia venire in Angliarn  norari ire per England tam per earth how per water ad ernendurn well to sell  without omnibus malis tolnetis per antiquity virtue experience heath for the  plaintiff that the action be well maintenable coke pa foe Byrehleys case which  be mich and Elizabeth b b where one say of a attorney that he be well know to  be a corrupt man and to deal corrupt resolve there that these word be  actionable because they do discredit he in his profession and as to merchant  stranger by the law of this realm they be well enable for to have personal  action here but not real action as appear vby h dyer foe plan also they be aid  and enable by the statute of great Charta chap to trade here as well as other  English merchant and if these word have be speak of a English merchant this  have be a great discredit to he and well actionable and no difference here and  merchant stranger be within statute make for bankrupt of h cap and Elizabeth  cap for commission to be award to inquire of the good of bankrupt and of James  cap Yelverton justice this action here be well maintainable by the plaintiff  be a merchant stranger for call of he bankrupt this action be well  maintainable by he clear for that a alien friend may well have here all action  personal whatsoever as action of debt and the like William justice to the  contrary that this action here lie not by the plaintiff because that he be  stranger sub allegiance of another extra allegiance domini king such a  merchant alien may well have a personal action here if the same be for his  merchandise or for his house for that in as as the law do suffer he to  merchandise and to have a house here the law do also enable he and give he  power to maintain a personal action for the same by e foe plan but clear be  can by the law maintain any personal action for defamation of he by any word  speak of he this be the first case that ever I hear in this kind and it be  prima impression and in this case here I hold with Mr Littleton in his chapter  of villeinage foe plan that it shall be a good bar to the action for to say  that Bulstrode er p the plaintiff be a alien Yelverton justice and croak  justice to the contrary that such a merchant alien may well have and maintain  such a action upon the case for word speak tend to his defamation as the word  here speak of he in this case be or be may well have a action for a assault  and battery upon himself Fleming chief justice and Fenner justice at this time  deliver no opinion at all one way or other Bulstrode but seem to incline for  the plaintiff and this be move again at another time the court be clear of  opinion for the plaintiff all the judge but William justice and therefore by  the rule of the court judoment be enter for the plaintiff quod notam