coke Report15a stanhope and blithe pasch Elizabeth in the king bench SC   Ent  nu SC cite send for cro Elizabeth winch Leon Bos and p Selw burn  ecclesiastical l n vin Abr action f a pl g a pl u a pl z a pl Bac Abr slander  b d h and the note and reference infra he have but one manor and that he get  by swear and forswear be not actionable though plaintiff count that he be a  justice of peace and surveyor of the duchy of Lancaster and have diverse other  office for the word be too general and the defendant do not charge the  plaintiff with swear or forswear for he may recover a manor by swear and  forswear and yet not be procure or assent to it and to say of another he be  forswear be not actionable unless it be add in a judicial proceed by if it be  say be be perjure so to call one a rogue villain c be not actionable the  plaintiff recite in his declaration that whereas he be a justice of peace  surveyor of the duchy of Lancaster and have diverse other office the defendant  say of he m Stanhope have but one manor and that be have get by swear and  forswear and it be adjudge that the say word be not actionable because they be  too general a and word which shall charge alley one with a action in which  damage shall be recover ought to have convenient certainty the defendant do  not charge the plaintiff with swear or forswear for he coke Report15b may  recover or get a manor by swear or forswear and yet he be not procure or  assent to it b and word which maintain a action ought to be a cro Elizabeth  and I but see n e sup king that a false charge though make in a court of  competent jurisdiction if taWd of elsewhere at large be libellous crook case  march king v Salisbury ld raym and see the case cite in n a ante p b ED l see  ante p b arcade a S p vin Abr action g a pl Bac Abr slander h how far word  must be certain in order to render they actionable id ibidem Com dig action  case for defamation f and see ante p b d a ED b SC cite and S p cro Elizabeth  pl and there another reason be assign videlicet that be may have the fine of  such as commit perjury vin Abr action g a pl z a pl Bac Abr slander h but in  the last mention book it be say that the case be determine when the rule of  construe word in mild sensum be carry very far and that a action will at this  day be hold to lie and cite Mod ld raym but see n c infra and the book there  cite ED Skinner coke report b er p direct apply to the plaintiff and not by  collection or inference for the damage ought to be give to the plaintiff in  regard to the damage which he have b that the scandal if one charge another  that he have a forswear himself it be not actionable c for two reason because  he may be forswear in common conversation because benignior opinion in word  general seu doubt be to bear before it be a usual word of passion and anger  for one to say that another have forswear himself as if one say of another  that he be a villain or a rogue or a varlet well like these or such like will  not maintain a action d for b good judge be light to take apart but if one say  of another that he be c perjure or that he have forswear himself in such a  court for such word a action shall be maintain e for by these word it appear  that he have forswear himself in a judicial proceed send haee ita impromptu  are ut res probation non to be needy for all these case have be often adjudge  and Wray chief justice say that although slander and false amputation be to be  suppress because many time a d word ad lash come to be yet he say that the  judge have resolve that action for scandal shall not be maintain by any strain  construction or argument nor any favour f give to support they forasmuch as in  these day they more abound than in time pass and the intemperance and malice  of man increase et ill will man be obviand and in our book act pro temptation  to sin are rarissimae g and such which be bring be for word of eminent slander  and of great import h a roll godb Yelv cro Elizabeth Poph Noy Bulst Inst hut  hob Brownl more cro James cro car winch Leon Jones h Br action sur Le case see  n b above and the book there cite c so it have be hold that the word he have  forswear himself and I have three witness to prove it be not actionable  because they do not necessary imply that the plaintiff have forswear himself  in a judicial proceed which alone will constitute the crime of perjury and the  meaning of they can be vary by a innuendo unless with reference to some  colloquium from whence it may appear that the word be speak concern some  judicial proceed in which the plaintiff have be swear holt v Scholefield t r  and see post   b roll Abr Inst Hardr Bulst Bulst lev Cowp east sand n Bl Com  Bac Abr slander b Selw a v ten p a n S ED a S p burn ecclesiastical l n vin  Abr action g a pl h a pl Bac Abr slander b roll Abr penfold v Westcote n r but  it be otherwise if such disgraceful word be speak of a man in his profession  Acton v Blagrave ld raym stram Mod ED b   a a see n d above c Hutton cro  Elizabeth cro James more Yelv Inst roll infra n e e this distinction between  charge a person with be forswear and with be perjure be recognize in Woodliffe  v Vaughan more pl cro Elizabeth holt v Scholefield t r vin Abr action f a pl  Bac Abr slander b and see roll Abr Com dig action case defamation d f Selw  ante b n c ED d palm Selw n p f roll Abr Com dig action case defamation f as  to the construction now make upon action for word ante p a n S and carpenter v  Tarrant Cas tempt Hardw cite in n c infra p b ED g the first action for word  to be find in the book be in the that year of Edward lib ass foe pl and from  that time to the reign of queen Elizabeth these action be few in number and  not bring on frivolous cause during the reign of queen Elizabeth and king  James they begin to increase and in modern time the action have be more  frequent Selw n p Bac Abr slander d ED h see Selw n p Bac Abr slander d Bl Com  ED coke report b er p