BEREFOORD plaintiff against press defendant a action on the case for word c  cro James IIutt Yelv in a action upon the case bring for scandalous word speak  by the defend to the plaintiff as namely you have speak wordswhich I think be  treasonand upon this he go unto a justice of peace and inform Bulstrode  against he who thereupon bind he over to the assize to answer the same bind  the defen be a minister to prosecute the which he do there accord and the  plain be acquit by verdict afterward he bring his action upon the case against  he for Bulstrode er p speak of these word as before upon non culp plead the  jury find for the plain it be move in arrest of judgement that these word be  not actionable Geo croak for the defendant that the word be not actionable be  too general the case be this two be a ving together the one of they say to the  other I can prove ring these word speak by you to be treason and this be as  they be so argue together and therefore not actionable he say Mr Beereford  have speak word which be treason the which I can prove the word speak be these  and upon this occasion S they be speak of thebenevolence of the king the  plaintiff say I care not for the king nor yet for his benevolence these word  speak and upon this occasion and thereupon the defendant do speak the word to  the plaintiff which word lie together be not actionable John more for the  plain that the word be actionable as touch action upon the case for word these  two ground may be lie to make word actionable first the word must be speak  malicious and they be to be such word as do tend unto the slander and  defamation of the party of who they be speak and that he may be punish by the  law for they they be to be such word as do trench to his hindrance and  discredit and for which he may be imprison if true and to this purpose there  be a case between Rewdam plain Tucker defen a action of the case for word be  thou art a concealer of felony and it lie in my power to hang you these be  general word and show not how and yet they be adjudge to be actionable and  there be a case in this court hill James blanch flower plaintiff against  atwood a action upon the case for word be I will hang you for thou have speak  word which be high treason adjudge that the word be actionable there it be  move in arrest of judgement that the word be too general but the court make  answer that the speak of the word be matter of state and therefore he ought  not to utter the word precise adjudge actionable for that the speak of these  word be a great scandal and there resolve that for these word I will hang you  for thou have commit felony a action lie Henry Yelverton for the defendant  that the word here be not actionable as for blanch flower case cite this do  very much differ from our case to maintain a action upon the case for word  there ought to appear malice and rancour of heart and all this appear in  blanch flower case be I will hang you in these word appear great malice here  in this case one may speak treason out of the mouth of another without any  malice at all so pray judgement for the defendant will justice these be very  naughty word if a man speak treasonable word be not this sufficient for to  make he a traitor sufficient to brin he within the danger of the law these  word here be scandalous and actionable for these word thou art a traitor  general no action lie clear but if he add these word S and I will prove it  then they be actionable Fenner justice agree that these word be actionable  croak justice if there be a peremptory accusation and that he will prove it  these word will be actionable but if it be only a caveat forewarn by these  word speak S as I doubt of these word and that he will go andenquire whether  these word be treason word thus speak and in this manner be only by way of  reprehension and not of accusation I be in some doubt and I will ask counsel  whether the speak of these word be treason if it be in this manner this will  very much mitigate the matter but in this case here beside the word speak here  be a further prosecution by inform of a justice of peace of the same and so  cause he to be bind to answer the same at the assize in blanch flower case  there be a peremptory accusation which make it a strong case than this here in  this case in question there be a positive charge as namely you have speak word  which I think be treason or which be treason as I think and then which show  his Bulstrode malice he complain to a justice of the peace and endeavour what  he can to prove the word but the party be acquit and so lie all the word and  proceed together the word be then scandalous and actionable and a great deal  of malice appear in the prosecution Fleming chief justice these word be  scandalous and actionable but he move the defendant for to pay the plaintiff  for his dama es who answer that he be but a poor man and unable to pay it be  therefore by the court refer to Warberton justice to make a end of it but by  the rule of the whole court judgement be give and enter for the plaintiff but  execution be to stay till mich term Bulstrode er p to see if a end may be make  of it in the interim and also the plaintiff by order to release to the  defendant all his damage but and so the judgement be give by the whole court  for the plaintiff with a be remiss execution for a time