FOR

VERBAL

mentioned, was always reputed, esteemed, and accepted, by and amongst all his neighbors, and other good and worthy subjects of this realm, to whom he BLANDER. was in anywise known, to be a person of good name, fame, and credit, to wit, at, &c. (venue). And whereas also the said plaintiff was, before and at the time of the committing of the grievances by the said defendant, as hereinafter mentioned, and from thence hitherto hath been, and still is, a -(s) and has always exercised and carried on, and still doth exercise and carry on the same trade and business with integrity, honesty, and propriety of conduct, to wit, at, &c. (venue) aforesaid. 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 the offences and misconduct as hereinafter stated to have been charged upon and imputed to him by the said defendant, or of or any other offences or misconduct whatever. By means of which said premises the said plaintiff, before the committing of the said several grievances by the said defendant, as hereinafter 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; and had also thereby acquired, and was then daily and honestly acquiring great gains and profits in his said trade and business to the comfortable support of himself and his family, and the great increase of his riches, to wit, at, &c. (venue) aforesaid. [Here insert a special inducement, if any be requisite, to explain the slanderous words.]-Yet the said defendant well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving and wickedly and maliciously 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 the offences and misconduct hereafter stated to have been charged upon and imputed to him by the said defendant, and to vex, harass, oppress, impoverish, and wholly ruin the said plaintiff in his said trade and business, and otherwise, &c. heretofore, to wit, on, [day of speaking the words or about it,] 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 him in his said trade and business, [and if the words refer to matter stated in a special inducement, say "and of and concerning the said, &c."] in the presence and hearing of divers good and worthy subjects of our lord the king, and then and there, in the presence and hearing of the said lastmentioned subjects, falsely and maliciously spoke and published of and concerning the said plaintiff, and of and concerning him in his said trade and business [and of and concerning the said, &c.] the false, scandalous, malicious, and defamatory words following, that is to say, "he" [meaning the said plaintiff]" is a great rogue and keeps false books." [Here set out the slanderous words with proper innuendoes, and as to which innuendoes see ante, vol. i. 436; add one or more other counts as the case may suggest. The following is the (s) As to the averment of the plaintiff's trade, see ante, vol. i. 480. VOL. II.

63

FOR VERBAL

Second count.

Damage.

form of a second or subsequent count :]-And afterwards, to wit, on the day and BLANDER. year aforesaid, at, &c. (venue) aforesaid, in a certain other discourse which the said defendant then and there had of and concerning the said plaintiff, and of and concerning him in his said trade and business, 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, and of and concerning him in his said trade and business, the false, scandalous, malicious, and defamatory words following (that is to say) [here set out the words with proper innuendoes, properly varying them from the first count; conclude with the following damage :]— By means of 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 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 the offences and misconduct 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 deal or have any transaction, acquaintance, or discourse with the said plaintiff in his said trade and business, or otherwise, as they were be fore used and accustomed to have, and otherwise would have had.-[Here is sert any special damage plaintiff may have sustained in consequence of the slanderous words, and if the damage be the loss of customers it may be stated as follows: " and also by means of the premises divers persons, to wit, A. B. and Co. and C. D. and E. F. who respectively, before the times of the committing of the said grievances had been and were customers of, and used and accustomed to deal with the said plaintiff in the way of his aforesaid trade and business, to the great profit and advantage of the said plaintiff, have from thence hitherto wholly neglected and refused, and still do neglect and refuse to continue as such customers, or to deal with the said plaintiff:"] and also, by means of the premises, the said plaintiff hath 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.

17. For words imputing insol

vency to

plaintiff, in

For that whereas the said plaintiff, before and at the time of the committing of the grievances hereinafter mentioned, was, and from thence hitherto hath been, and still is, a — and has always exercised, followed, and carried on, and still the way of doth exercise, follow, and carry on, the same trade or business with integrity and punctuality of dealing, always well and truly, and punctually, paying and discharging his just debts, to wit, at, &c. (venue) aforesaid, and, until the time of committing the said grievances, has not ever been suspected to be un

his trade

(t).

(t) Observe the notes to the preceding form.

FOR

VERBAL

SLANDER.

able or unwilling to pay his just debts.-By means of which said several premises the said plaintiff, before the committing of the grievances by the said defendant hereinafter mentioned, not only deservedly obtained the good opinion of all his neighbors, and other good and worthy subjects of this realm, but had also thereby acquired, and was then daily and honestly acquiring great gains and profits in his said trade or business, to the comfortable support of himself and his family, and the great increase of his riches, to wit, at, &c. (venue) aforesaid. [If any special inducement be necessary, here state it. In the case upon which this form was framed the inducement was as follows:]-And whereas also the said plaintiff, before the committing of the said grievances, had bought of one R. M. a large quantity of goods and chattels, to wit, [one ton weight of cheese] at and for a certain price or sum of money to be paid by the said plaintiff to the said R. M. at a certain time not elapsed at the time of the committing of such grievances, to wit, at, &c. (venue) aforesaid.] Yet the said defendant well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving and wickedly and maliciously intending to injure the said plaintiff in his aforesaid good name, fame, and credit, and to bring him into great scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy subjects of this realm, and to cause it to be suspected and believed by those neighbors and subjects, that the said plaintiff was poor, and in indigent and bad circumstances, and incapable of paying his just debts, and debts to be by him contracted, and thereby and otherwise to injure the said plaintiff in his aforesaid trade and business, and otherwise, [and to deprive him of the benefit of his said bargain with the said R. M.] and to vex, harass, oppress, impoverish, and wholly ruin him, heretofore, to wit, on, &c. at, &c. (venue) in a certain discourse which the said defendant then and there had of and concerning the said plaintiff, and of and concerning him in the way of his aforesaid trade and business, falsely and maliciously spoke and published, in the presence and hearing of [one E. F. and] divers other persons of and concerning the said plaintiff, and of and concerning him in the way of his aforesaid trade and business, the false, scandalous, malicious, and defamatory words following; that is to say, &c. [set out the words fully, with innuendoes, and such other counts as the case may suggest.]—By means of the General damage. committing of which said several grievances by the said defendant as aforesaid, the said plaintiff hath been and is not only 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, to whom he was in any wise known, insomuch that divers of those neighbors and subjects, to whom the integrity and good circumstances of the said plaintiff were unknown, have, on occasion of the committing of the said grievances, from thence hitherto suspected and believed, and still do suspect and believe, the said plaintiff to have been and to be in indigent and bad circumstances, and incapable of paying his just debts, and to have been insolvent, and to be likely to remain insolvent, and have thereby, and on no other account whatsoever, refused to deal or have any transaction with the said plaintiff in his aforesaid trade or business or otherwise; and thereby also one E. F. who, before Special damage. and at the time of the committing of the said grievances, had been used and ac

FOR VERBAL

LANDER.

18. By the keeper of bathing

rooms for

customed to deal with, and who otherwise would have continued to have dealt with the said plaintiff in the way of his aforesaid trade and business, hath from thence hitherto wholly neglected and refused so to do, and thereby also, afterwards, and before the time appointed for the payment of the said price of the said goods and chattels, to wit, on, &c. aforesaid, at, &c. (venue) aforesaid, when the said plaintiff requested the said R. M. to deliver the said goods and chattels to the said plaintiff, he the said R. M. wholly refused to deliver the same, or any part thereof, to the said plaintiff, unless the said plaintiff would, before such delivery, pay the price thereof; and thereupon afterwards, and before the time appointed by the said contract for payment of the said price of the said goods and chattels, to wit, on, &c. aforesaid, at, &c. (venue) aforesaid, the said plaintiff, in order to procure the delivery thereof, was forced and obliged to pay, and did then and there pay to the said R. M. a large sum of money, to wit, the sum of £— and the said plaintiff, by means of the premises, hath 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.

For that whereas the said plaintiff, before and at the time of the said defendant's committing the grievances hereinafter mentioned was, and from words im- thence hitherto hath been, and still is, lawfully possessed of certain rooms, with puting a a propensity to the appurtenances, at, &c. (venue) and during all that time kept the same, for commit an the purpose of persons bathing therein, for certain reward to the said plaintiff crime, spok- in that behalf, to wit, at, &c. (venue) aforesaid, whereby the said plaintiff had to a question acquired, and was then daily and honestly acquiring sundry great gains and proput to defen- fits, to the comfortable support of himself, and to the great increase of his dant by a third person. riches, to wit, at, &c. (venue) aforesaid. And whereas also, before and at the

unnatural

en in answer

time of the committing of the grievances hereinafter mentioned, one E. F. had been and was, and still is, suspected by divers persons, subjects of this realm, to have been guilty of sodomitical practices. Yet the said defendant, well knowing the premises, but greatly envying the happy state and condition of the said plaintiff, and contriving, and wickedly and maliciously intending to injure the said plaintiff in his aforesaid 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 realm, to whom he was in any wise known, and cause it to be suspected and believed by those neighbors and subjects, that the said plaintiff had been, and was, guilty of sodomy and sodomitical practices and to subject him to the pains and penalties of this kingdom, made and provided against, and inflicted on persons guilty thereof, heretofore, to wit, on, &c. at, &c. (venue) in a certain discourse which he the said defendant then and there had in the presence and hearing of one J. S. in answer to a certain question then and there put to him by the said J. S. why he the said defendant had not returned to sleep at the said plaintiff's house, falsely and maliciously spoke and published of and concerning the said plaintiff, the false, scandalous, malicious, and defamatory words following, that is to say, &c. [here set out the slander, with innuendoes]; with this, that the said plaintiff will verify that the said defendant thereby then and there meant

FOR VERBAL

SLANDER.

to insinuate, and have it understood by the said J. S. that the said plaintiff had been suspected to have been, and had been, guilty of sodomy and sodomitical practices, and so the said J. S. then and there understood the said words, to wit, at, &c. (venue) aforesaid. And afterwards, to wit, on, &c. at, &c. (re- Second nue) aforesaid, in a certain other discourse which the said defendant then and count. there had with the said J. S. in the presence and hearing of divers 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, in answer to a certain question then and there put to him by the said J. S. that is to say, why he the said defendant had not returned to the said plaintiff, he the said defendant then and there, in the presence and hearing of the said J. S. then and there falsely and maliciously spoke and published, of and concerning the said plaintiff, these other false, scandalous, malicious, and defamatory words following, that is to say :-[here state other words, and add such other counts as may be useful; state the damage thus:] By means of the Damage general and committing of which said several grievances by the said defendant, the said specific. plaintiff not only 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 innocence and integrity of the said plaintiff in the said premises were unknown, have, on occasion of the speaking and committing of the said 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 sodomitical practices, and have, on that account, from thence hitherto shunned and avoided the company and conversation of the said plaintiff, and have wholly refused, and still do refuse to have any acquaintance or discourse with him, as they were before used and accustomed to do, and would have done again, had not the said grievances been so committed as aforesaid, but also, by reason and by means of the committing the said grievances, and on no other account whatsoever, the Rev. Mr. C. and family, Mr. L., Mr. A., Mr. P., &c. &c. and divers other persons who would otherwise have frequented and bathed in and from the said rooms, with the appurtenances, of the said plaintiff, and paid him certain reward in that behalf, have, on occasion of the committing of the said grievances by the said defendant, wholly declined and neglected so to do; and the said plaintiff hath thereby lost and been deprived of divers great gains and profits which might and would have otherwise arisen and accrued to him from the said persons so bathing in the said rooms, with the appurtenances, as aforesaid, and the said plaintiff hath been, and is, by reason of the committing of the said several grievances, 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.

For that whereas the said plaintiff now is a good (u), true, honest, just, and faithful subject of this realm, and as such hath always behaved and conducted

(u) That this averment of general good character is unnecessary, see ante, 320.

(w) Though the law will not permit the inference of damage in general, yet when damage has

19. For tionable

slander ac

only by reason of special damage(w).