case the earl OF Northumberland against byrt Michaelmas term James roll if one  man know another to be in communication for sell his estate assert that a  lease be subsist of it without mention his own title to such lease a action of  slander will lie cro Elizabeth Leon ray side     alien Bac Abr in slander of  title to hinder a bargain for the sale of the estate if it be allege that the  defendant know thereof speak the word it shall be intend that the  communication continue in slander of title that earl of Arundel have make a  lease it shall be intend without a innuendo to mean the earl mention in the  plead side cro Elizabeth Jones Com dig cro car in slander of title if the word  import that the estate have be convey to a the defendant can justify by plead  that a assign to he and that he speak in maintenance of his own title more    cro Elizabeth burr salk Bac Abr de son tort c be a good reply to a  justification in slander post action on the case for slander his title whereas  Henry earl of Arundel be seize of the manor of Hazelbert Brian in fee avid  give it to Henry earl of Northumberland in tail which descend to the plaintiff  and whereas the defendant be a customary tenant for life of a message and  certain land parcel of the manor and the plaintiff be in communication with  one Powton the February James to make a lease for year of that land to he to  commence after the defendant estate for life be determine for which the say  Powton agree to bargain and there and then offer for it five hundred pound  that the defendant know thereof and intend to hinder that bargain and to  slander the plaintiff title speak these word upon the first of march James the  late earl of Arundel lord of the manor of have do make a lease of my tenement  in have to one Mr Stoughton for sixty year to be in after the expiration of my  customary estate c and the same be a good lease whereas in truth and in fact  the say earl of Arundel do not make any such lease by reason of which word  neither the say Powton nor any other will give he ten pound for the say lease  the defendant justify for that Henry earl of Arundel before the gift allege to  be make to the plaintiff make such a lease to Stoughton for sixty year and  that Stoughton convey that lease to he wherefore he in maintenance of his  title speak these word the plaintiff reply de son tort demesne sans tiel cause  and issue join and find for the plaintiff to his damage of one hundred pound  it be now move in arrest of judgement first that the plaintiff allege his  communication of the bargain with Powton to be February James and show those  word to be speak march James and do not show the communication of the bargain  to be continue march James otherwise there be not any cause of action say non  allocatur for it shall be intend continue for when it be allege that the  defendant croak throw know it speak those word to the intent to hinder he of  his bargain and that by reason of those word the say Powton will not proceed  in that bargain that the bargain continue until the speak second that the word  in themselves without a innuendo be not certain nor do they import any slander  for they be the late earl of Arundel some time lord of the manor do make a  lease of my tenement c and he do not say that Henry earl of Arundel make the  lease nor when he make it and if any other earl of Arundel make the lease or  if he make it after the gift in tail it be not material say non allocatur for  it shall be intend in the worst part and accord to his intent which he speak  when he say and affirm it to be a good lease croak James er p three that he  justify the word by reason of the assignment of the lease and in maintenance  of his own title a action lie not Sed non allocatur for in his word he do not  show that he speak they for himself and in maintenance of his own title for it  be lawful for every one to speak in countenance and maintenance of the title  which he claim but the word in themselves import that be speak they to  countenance the title and interest of a stranger which be not lawful and now  when he be sue to be punish for they they be false as be pretend be can excuse  himself by entitle himself when the word at the first do not import as much  and he now come too late to justify himself fourthly the issue de son tort  demesne without tali causan be not good but he ought to traverse the lease be  special matter plead say non allocatur for the issue be apt enough to draw  that in question wherefore it be adjudge for the plaintiff croak throw trinity  term James in the king bench sir John Popham Knt chief justice sir Edward  Fenner Knt sir Christopher Yelverton Knt sir David William Knt sir Laurence  Tanfield Knt justice sir Henry Hobart Knt attorney general sir John Doderidge  Knt solicitor general