гол VERBAL tioned, was always reputed, esteemed, and accepted, by and amongst all his neighBLANDER. bors, and other good and worthy subjects of this realm, to whom he was in anywise known to be a person of good name, fame, and credit, to wit, at, &c. (renue.) And whereas also the said plaintiff hath not ever been guilty, or, until the time of the committing of the said several grievances by the said defendant, as hereinafter mentioned, been suspected to have been guilty of [perjury, the of fence charged, as hereafter stated to have been charged upon and imputed to the said plaintiff by the said defendant, or of any other such crime. By means of which said premises, the said plaintiff before the committing of the several grievances by the said defendant, as hereafter mentioned, had deservedly obtained the good opinion and credit of all his neighbors, and other good and worthy subjects of this realm, to whom he was in any wise known, to wit, at, &c. (venue) aforesaid. Yet the said defendant well knowing the premises, but [ *639 ] greatly *envying the happy state and condition of the said plaintiff, and contriving, and wickedly and maliciously(f) intending to injure the said plaintiff in his said good name, fame, and credit, and to bring him into public scandal, infamy, and disgrace with and amongst all his neighbors, and other good and worthy subjects of this kingdom, and to cause it to be suspected and believed by those neighbors and subjects that the said plaintiff had been and was guilty of [perjury,] as hereafter stated to have been charged upon and imputed to him, and to subject him to the pains and penalties by the laws of this kingdom made and provided against, and inflicted upon persons guilty thereof, and to vex, harass, oppress, impoverish, and wholly ruin him, heretofore, to wit, on, &c. (day of speaking the words, or about it. The precise day stated need not be proved,) at, &c. (venue) aforesaid, in a certain discourse which the said defendant then and there had of and concerning the said plaintiff(g), in the presence and hearing of divers good and worthy subjects of our lord the now king, and then and there, in the presence and hearing of the said last mentioned subjects, falsely and maliciously spoke and published of and concerning the said plaintiff g), the false (h), scandalous, malicious, and defamatory words following, that is to say, [here set out the words, with proper innuendoes, as thus, he (meaning the said plaintiff) is perjured.]-[Add such other counts as the words may suggest. The following is the form of a second or subsequent count:] -And afterwards, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, in a certain other discourse which the said defendant then and there had in the presence and hearing of divers other good and worthy subjects of this realm, the said defendant further contriving and intending as aforesaid, then and there, in the presence and hearing of the said last-mentioned subjects, falsely and maliciously spoke and published of and concerning the said plaintiff, the false, scandalous, malicious, and defamatory words following, that is to say; [here set out the words in another shape; conclude with stating the damage, which may be thus:]-By means of the committing of which said several grievances by the said defendant as aforesaid, the said plaintiff hath been, and is great[ *640] ly injured in his said good name, fame, and credit, *and brought into public scandal, infamy, and disgrace with and amongst all his neighbors, and other good Second count. Damage. (f) See note (u), ante, 622. (h) See ante, 622, note (u); 635, notes (w) & (8) See ante, 655, notes (w) & (x). Vol. i. 432. (x). FOR VERBAL SLANDER. and worthy subjects of this realm, insomuch that divers of those neighbors and subjects to whom the innocence and integrity of the plaintiff in the premises were unknown, have, on account of the committing of the said grievances by the said defendant as aforesaid, from thence hitherto suspected and believed, and still do suspect and believe, the said plaintiff to have been, and to be, a person guilty of [perjury,] so as aforesaid charged upon and imputed to him by the said defendant, and have, by reason of the committing of the said grievances by the said defendant as aforesaid, from thence hitherto wholly refused, and still do refuse to have any transaction, acquaintance, or discourse with the said plaintiff as they were before used and accustomed to have, and otherwise would have had ; and also, by means of the premises, &c. [here state the special damage, if plaintiff has sustained any,] and also by means of the premises, the said plaintiff Special dahath been and is otherwise greatly injured and damnified, to wit, at, &c. (venue) aforesaid. To the damage of the said plaintiff of £-, and therefore he brings his suit, &c. mage. words slandering 13. For plaintiff in his office, as a justice of for accusing peace, with having pocketed fines, forfeited by per sons con victed by him(i). For that whereas the said plaintiff, before and at the time of the committing of the grievances hereinafter mentioned, was and now is an honest, upright, and faithful subject of this realm, and at the several times hereinafter mentioned, and for a long time before, was and still is one of his Majesty's justices of the peace(k), assigned to keep the peace of our said lord the king, in and for the county of S. and hath always, during the time of his being such justice, hitherto behaved and conducted himself righteously, faithfully, properly, and honestly, in the execution of his said office of justice of the peace, and never was guilty of the offences or misconduct hereinafter stated to have been charged upon *and imputed to him by the said defendant, nor until the time [641] of the committing of the grievances by the said defendant as hereinafter mentioned, was ever suspected of any such offences or misconduct; by reason whereof the said plaintiff had deservedly acquired the honor, esteem, and good will of all his neighbors and others, good and worthy subjects of our said lord the king, to whom he was known, to wit, at, &c. (venue). Nevertheless the said defendant, well knowing the premises, but contriving, and wickedly and maliciously intending to injure the said plaintiff in his good name, credit, and reputation, and to bring the said plaintiff into great disgrace, scandal, and distrust, as such justice as aforesaid, amongst all his neighbors, and other good and faithful subjects of our said lord the king, on, &c. at, &c. (venue) aforesaid, in a certain discourse which the said defendant then and there had of and concerning the said plaintiff, and of and concerning the said plaintiff in the execution of his said office of justice of the peace, in the presence and hearing of the said subjects, falsely and maliciously spoke and published of and concerning the said plaintiff, and of and concerning him in the exercise of his said office of justice of the peace, in the presence and hearing of the said last-mentioned sub (i) Words imputing corruption to a magistrate are actionable, 4 Rep. 19.-Cro. Jac. 90; though words imputing want of ability do not appear to be so, 2 Salk. 695.-See also Holt, 652.-Cro. Car. 14, 223.-3 Wils. 177. An indictment will not lie unless the words are spoken to the justice in the execution of his office, 2 Camp. 142.-Stra. 1157. (k) This is a better averment than that plaintiff FOR VERBAL jects, these false, scandalous, and malicious words following, that is to say, &c. SLANDER. Here set out the words, with proper innuendoes, and add such other counts Damage. as may be requisite, and conclude with the following damage:]-By means of which said premises the said plaintiff hath been, and is greatly injured in his aforesaid good name, fame, and credit, and brought into public scandal, infamy, and disgrace, with and amongst all his neighbors and other good and worthy subjects of this realm, insomuch that divers of those neighbors and subjects to whom the integrity of the said plaintiff were unknown have, on occasion of the committing of the said several grievances, from thence hitherto suspected and believed, and still do suspect and believe the said plaintiff to have been, and to be a person guilty of the offences and misconduct so as aforesaid mentioned to have been charged upon and imputed to the said plaintiff by the said defendant, and thereby, and otherwise by means of the premises, the said plaintiff hath been, and is greatly injured and damnified, to wit, at, &c. (venue) aforesaid.[If any special damage, here state it.]-To the damage of the said plaintiff of £ and therefore he brings his suit, &c. 14. For words slandering plaintiff in his profession, as for slan dering an attorney (1). For that whereas the said plaintiff now is a good (m), true, honest, just, and faithful subject of this realm, and as such hath always behaved and conducted himself, and until the committing of the several grievances by the said defendant as hereinafter mentioned, was always reputed, esteemed, and accepted, by and amongst all his neighbors and others, good and worthy subjects of this realm, to whom he was in any wise known, to be a person of good name, fame, and credit, to wit, at, &c. (venue). And whereas also the said plaintiff, before, and at the time of the committing of the several grievances by the said defendant as hereinafter mentioned, had been and was, and still is an attorney of the court of our said lord the king, before the king himself, [or, if in C. P." before his majesty's justices of the Bench,”] and hath always used, exercised, and carried on, and still doth use, exercise, and carry on the profession and business of an attorney(n), with honesty, integrity, credit, and reputation, and hath not ever been guilty, or until the time of the committing of the said grievances by the said defendant as hereinafter mentioned, been suspected to have been guilty of the dishonesty or misconduct as hereinafter mentioned, to have been charged upon and imputed to him by the said defendant, to wit, at, &c. (venue). By means of which said premises, the said plaintiff, before the committing of the several grievances by the said defendant as hereinafter mentioned, (1) Words which impute the want (m) That this general inducement of good cha- (n) A simple statement, that plaintiff exercised his profession is sufficient, without alleging he was "duly qualified," &c. ante, vol. i. 430. It need not, it seems, be expressly averred, that "at the time of the speaking the words," &c. plaintiff exercised the profession. If it be alleged that he " was and is an attorney, &c. and hath for a long time carried it on, &c." it will suffice, 2 Roll. Rep. 84.-Ante, vol. i. 430.-Where an averment of extrinsic matter is material, the allegation, that the slander applies to such extrinsic matter is matter of description, and must in general be proved as laid, though unnecessarily minute. Thus, in slander of an attorney, if, after stating he was an attorney, it be averred he had conducted a particular suit, &c. and then state that the slander was published of and concerning his conduct in that suit, &c. it is essential to prove the existence of the suit, &c. and that the scandal had reference to the particu lar occasion stated, ante, vol. i. 430, and authori ties there collected. FOR VERBAL had deservedly obtained the good opinion and credit of all his neighbors and other good and worthy subjects of this realm, to whom he was in any wise known, SLANDER. to wit, at, &c. (venue). And also by reason of the premises, the said plaintiff, in the way of his aforesaid profession and business, was daily and honestly acquiring great gains and profits therein, to wit, at, &c. (venue).—[If any special inducement be necessary to explain the words, here insert it.]-Yet the said defendant, well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving, and falsely and maliciously intending to injure the said plaintiff in his said good name, fame, and credit, and to bring him into public scandal, injury, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this kingdom, and to injure the said plaintiff in his said profession and business of attorney as aforesaid, and to cause it to be suspected and believed by those neighbors and subjects, that the said plaintiff had conducted himself improperly and dishonestly, and without integrity, in his said profession and business, and to vex, harass, oppress, impoverish, and wholly ruin the said plaintiff, heretofore, to wit, on, &c. [on or about the day when the words were spoken], at, &c. (venue), in a certain discourse which the said defendant then and there had, in the presence and hearing of divers good and worthy subjects of our lord the now king, then and there, in the presence and hearing of the said subjects, falsely and maliciously spoke and published, of and concerning the said plaintiff, and of and concerning the said plaintiff, in the way of his said profession and business(o), these false, scandalous, malicious, and defamatory words following, that is to say, &c.[Here state the words in as many different forms as possible, in order to meet every probable circumstance of the case.]—[Add such other counts as the case may suggest, and see the form of a second or subsequent count, ante, 639, mutatis mutandis.—Conclude with the following averment of damage.]—By means of Damage. the committing of which said several grievances by the said defendant as aforesaid, the said plaintiff hath been and is greatly injured in his said good name, fame, and credit, and also greatly injured in his said profession and business, and brought into public scandal, infamy, and disgrace, with and amongst all his neighbors and other good and worthy subjects of this realm, insomuch that divers of those neighbors and subjects to whom the innocence and integrity of the said plaintiff in the premises were unknown, have, on account of the committing of the said grievances by the said defendant as aforesaid, from thence hitherto suspected and believed, and still do suspect and believe, the said plaintiff to have been, and to be a person guilty of dishonesty and fraudulent practices, and to have acted dishonestly and improperly in his said profession and business of an attorney as aforesaid, and have, by reason of the committing of the said grievances by the said defendant as aforesaid, from thence hitherto wholly refused, and still do refuse, to have any acquaintance or discourse with the said plaintiff, or to employ or have any transactions with the said plaintiff, in the way of his said profession and business, as they were before accustomed to have, and otherwise would have had. And by reason of the premises, the said plaintiff has been greatly vexed, harassed, oppressed, and impoverish (0) That this averment is divisible, see ante, vol. i. 430. 16. For words slan ed, and has also lost and been deprived of divers great gains and profits which would otherwise have arisen and accrued to him, in his said profession and business and otherwise, [here add any special damage plaintiff has sustained], and the said plaintiff, by means of the premises hath been, and is otherwise much injured and damnified therein, to wit, at, &c. (venue). To the damage of the said plaintiff of £-, and therefore he brings his suit, &c. [After the usual averment of the plaintiff's good and chaste character, and her innocence of the offence imputed to her, as ante, 627 a.]—And whereas also the said plaintiff, at the time of the committing of the grievances by the said defendant hereinafter mentioned, and long before, did use and exercise the business and employment of a domestic governess and instructress of children and young persons, living and residing together with such children and young persons, and thereby acquired great gains, profits, and advantages, and had always conducted herself with decorum, chastity, modesty, and propriety.—And whereas also the said plaintiff, before the speaking and publishing of the words hereinafter mentioned, had lived in the families of divers persons, to wit, the said defendants, one Mrs. &c. &c. respectively, as such governess, and at the time of the committing of the grievances by the said defendant, as hereinafter mentioned, lived in the family of the said Mrs. &c. to wit, at, &c. (venue). Yet the defendant well knowing the premises, and greatly envying the happy state and condition of the said plaintiff, but contriving and falsely and maliciously intending to injure and prejudice her in her good name, fame, and credit, and in her aforesaid business, and to be reputed an indecorous, unchaste, immodest, and improper person, and unfit to be employed as such governess, on, &c. at, &c. (venue) in a certain discourse which he the said defendant then and there had with one R. J. of and concerning the said plaintiff, and of and concerning her in her said business, and of and concerning her behavior while she lived with the said defendant, falsely and maliciously, in the presence and hearing of the said J. R. spoke and published these several false, scandalous, malicious, and defamatory words of and concerning the said plaintiff, and of and concerning her in her said business, and her behavior while she lived with the said defendant, following, that is to say, &c.-[Here set out the words, with innuendoes, and add such other counts as may be useful; state the damage, as ante, 628, observing the notes, and any other special damage which the plaintiff may have sustained. See a form of special damage, post, 641 m.] [Commencement and conclusion as usual, as ante, 596.]-For that whereas dering plain- the said plaintiff now is a good (r), true, honest, just, and faithful subject of tiff in his trade as by this realm, and as such hath always behaved and conducted himself, and until calling him the committing of the several grievances by the said defendant, as hereinafter a rogue, &c. (g). (p) See the general notes to the form, ante, 633. (9) Observe the general notes to the form, ante, 639. Words which impute to a person in his trade, however inferior, (1 Lev. 115.-5 B. & C. 160,) of fraudulent or dishonorable conduct, or of being in insolvent circumstances, are actionable, Lord Raym. 1480.-3 Bing. 104. It is said, however, that an action is not sustainable for saying a tradesman has charged an exorbitant sum for his goods, &c. unless fraud be imputed, &c. Bac. Ab. Slander, B. 4. If defamatory words be spoken of two persons, affecting them in their joint trade, they may join in an action for the injury, 3 B. & P. 150. (r) That this general inducement of good char acter is unnecessary, see ante, 620, note. |