on a trial, and ducement of good charac ter. [Commencement and conclusion as ante, 238 ] For For libels. that whereas() the said B now is a good, true, honest, For composing and pubjust and faithful subject of this realm, and as such hath always lishing a libel, behaved and conducted himself, and until the committing of the plaintiff of bethe several grievances by the said CD as hereinafter mentioning forsworn ed, was always reputed, esteemed and accepted by, and of perjury.(n) amongst all his neighbours, and other good and worthy subjects General inof this realm, to whom he was in any wise known, to be a per- plaintiff's son of good name, fame and credit, to wit, at, &c.(1) And whereas also, the said A B hath not ever been guilty, or unti the time of the committing of the said several grievances by the said CD, as hereinafter mentioned, been suspected to have been guilty of perjury,(q) or any other such crime, by means of which said premises, he the said A B before the committing of the said several grievances by the said C D as herein- General conafter mentioned, had deservedly obtained the good opinion and sequences of plaintiff's credit of all his neighbours, and other good and worthy sub- good characjects of this realm, to whom he was in any wise known,(r) to General ininnocence of the particular charge. ducement of ter. * 256 (n) See the precedents of declarations for libels, and for words referred to in 8 Wentw. Index, page 4 to 12. 571. and 647. unless it be written, as (q) See ante, 255. u. (o). If the (0) It is usual to commence the deelaration, either for a libel or for words, with inducements of the plaintiff's good character, and of his innocence of the crime imputed to him by the defendant, Com. Dig. Action for Defamation, G. 1. but as these inducements are not traversable, see Styles, 118. 1 Lev. 297. they may be omitted, and the declaration may commence with a statement of defendant's malicious intention to injure the plaintiff. When the libel, or slander does not affect the plaintiff in his moral character, but merely imputes to him insolvency or incapacity in the way of his trade, &c. this inducement of good character is inapplicable, and the declaration should commence with an inducement respecting the by reason of the premises, he the trade, &c. (P) The venue is transitory, and the court will not change it, 1 T. R. (r) This inducement also is not traversable, but it is usually inserted. When the declaration is for a libel, or words affecting the plaintiff in his rofession, trade, &c. the inducements respecting such profession, &c. usually precedes the above inducement, and which, in such case, in addition to the statement of the plaintiff's good character as above, runs, " and also sai AB, in the way of his aforesaid For libels. The libel and innuendoes. following,(m) of and concerning the said A B,(n) and of and concerning the said action,(0) and of and concerning the evidence by him the said A B given on the said trial, as such witness as aforesaid, (that is to say)) he (meaning(g) the said A B) was forsworn on the trial, (meaning the said trial,) and thereby then and there, (meaning that he the said A B, in giving his evidence as such witness, on the said trial as aforesaid, had committed wilful and corrupt perjury.) (m) This seems the proper mode of stating the libel, and it would be sufficient to prove that it was in substunce correct, 2 Salk. 660, 661. It would be improper to state that the libellous matter was "to the effect following." 2 Salk. 417. 11 Mod. 78. 84. 95. Vin. Abr. tit. Libel, E. (n) This is necessary, unless the libel be stated to have been address ed to the plaintiff, and written in the second person “You," &c. 1 Saund. 242. a. n. 3. Cro. Jac. 231. Com. Dig. Action on the Case for Defamation, G. 7. (0) Whenever an inducement of extrinsic matter is necessary, as to which ante, 256. n. (s), it is equally necessary here to aver, that the libel related thereto, as that the libel or words were published of the plaintiff, in the way of his said trade," &c. 1 Saund. 242, 243. n. 3, 4. 2 Saund. 307. n. 1. 6 T. R. 694. Com. Dig. Action on the Case for Defamation, G. 8. See the exceptions, Ld. Raym. 1480. 2 Lev. 62. and Cro. Car. 270. (p) The libel may be set out either in words or in substance, 2 Salk. 660, 661. 11 Mod. 78. $4. 95. If the libel or words were in a foreign language, it must be set forth in the original, 6 T. R. 162. and though a translation is usual, it is unnecessary, and frequently not advisable, 1 Saund. 242. n. 1. In the case of a verbal slander, when in a foreign language, it must be averred that the hearers understood it, unless in the case of Welch words, and the action is brought in one of the courts of Great Sessions in Wales, when it will be intended the hearers understood the words, 1 Saund. 242. n. 1. and Com. Dig. Action Case for Defamation. G. 4. 6. but the plaintiff need not state the signification of any English words, though unusua or peculiar to a particular county, Com. Dig. Action Case for Defamation, G. 6. 1 Roll. Abr. 86. pl. 1. As to the statement of the words in general id. ibid. Any material variance will be fatal. (9) As to the nature and use of an innuendo, see Rex v. Horne, Cowp. 684, 685, 686. 1 Saund. 243 n. 4, 6 T. R. 691. 4 Co. 17. b. 2 H. Bl. 123. 2 B. & P. 287. 2 Salk. 513. Com. Dig. Action Case for Defamation, G. 10. Bac. Abr. tit. Slander, S. 4. It is said that an innuendo is only explanatory of some matter already expressed; it serves to point out where there is precedent matter, but never for a new charge; it may apply what is already expressed, but cannot add or enlarge, or change the sense of the previous words. See 1 Saund. 243. n. 4. where the nature of an innuendo is fully explained. *And the said A B further saith,(s) that the said CD fur- For libels. ther contriving and intending as aforesaid, heretofore, to wit, Second count. (r) on, &c. aforesaid, at, &c. aforesaid, falsely, wickedly, and maliciously did publish a certain other false, scandalous, malicious and defamatory libel, of and concerning the said AB, and of and concerning the said action, which had been so depending as aforesaid,(t) and of and concerning the evidence by him the said A B given on the said trial as such witness as aforesaid, containing, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning the said A B, and of and concerning the said action, and of and concerning the evidence given by him the said AB on the said trial, as such witness as aforesaid, that is to say, [vary the statement of the words and innuendoes as may be advisable under the particular circumstances of each case.] And the said A B further saith, that the said CD further Third count, for a libel cor contriving and intending as aforesaid, afterwards, to wit, on, taining a di&c. aforesaid, at, &c. aforesaid, falsely, wickedly, maliciously, rect charge of wrongfully and unjustly, did publish, and cause and procure other crime. to be published, a certain other false, scandalous, malicious and * 261 defamatory libel, of and concerning the said A B, containing (24) (") If there be any doubt either as to the precise terms of the libel, or as to the evidence of the defendant's intention in the different parts of it, it is advisable to insert different counts varying the statement of the libel and innuendoes according to the supposed facts, and the evidence which it is expected may be adduced in support of them. ⚫ (8) If the second count commence "And whereas also," &e. it will nevertheless be sufficient, 2 Lev. 193. 3 Lev. 338. inducement, ante, 256. n. (§), should (u) If there be any direct charge of (t) Though the second count may refer to matter stated in the first, or the inducement thereto, (see 2 H. Bl. 131. 2 Wils. 114, 115. Cro. Cir. Ass. 76. Cro. Eliz. 240. 2 Lev. 193.) yet it is necessary when the libel is not actionable in itself, as stated in the second or subsequent count, that the VOL. II. For libels. General da mage.(x) (amongst other things) certain other false, scandalous, malicious, defamatory and tibellous matters, of and concerning the said AB, as follows, that is to say, he (meaning the said A B) is perjured. By means of the committing of which said several grievances by the said CD as aforesaid, he the said AB 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 neighbours, and other good and worthy subjects of this realm, insomuch that divers of those neighbours and subjects to whom the innocence and integrity of the said A B in the premises were unknown, have, on occasion of the committing of the said grievances by the said C D as aforesaid, from thence hitherto suspected and believed, and still do suspect and believe the said AB to have been, and to be a person guilty of perjury, and have, by reason of the committing of the said grievances by the said C D as aforesaid, from thence hitherto wholly refused, and still do refuse to have any transaction, acquaintance or discourse with him the said *262 A B, as they were before used and accustomed to have, and Special daotherwise would have had. And also by reason thereof, one mage.(y) E F, who before, and at the time of the committing of the said grievances, was about to retain and employ, and would otherwise (x) This statement of general da- of the words spoken, 8 East, 3. and mage is not traversable. it should seem that if the plaintiff (y) As to the statement of special might have his action over against the damage, see vol. 1. Index, tit. Da third person in respect of his refusal mages. Com. Dig. Action on Case to complete a contract, &c. which he for Defamation, G. 11. When the li- had entered into with the plaintiff, bel, or verbal slander, be not in itself the damage is not sufficient; thereactionable, and the action is sus- fore care must be taken in the state tainable merely in respect of spe- ment of the damage; 2 B. & P. 259. cial damage, the declaration would be 3 B. & P. 272. The special damage defective, if such damage were not must be particularly specified in the correctly stated; 1 Saund. 243. n. 5. declaration; therefore in a declara. but if the libel or words be of them- tion by a victualler for calling his wife selves actionable, the plaintiff may re- whore, whereby several customers cover, though no special damage be left off dealing with him, without nastated or proved; id. ibid. In either ming any one in particular; this was case, however, the plaintiff cannot held not to be a sufficient statement give evidence of any special damage, of special damage, Bull. N. P. 7. 1 unless it be stated in the declaration; Saund. 243. c. n. 5. 8 T. R. 130. 1 Bull. N. P. 7. 1 Stra. 666. 1 Saund. Roll. Abr. 58. 2 B. & P. 288, 289. 243. n. 5. The special damage must Sir W. Jones, 196. be the legal and natural consequence have retained and employed the said A B, as his servant, for cer- For libels. i [The declaration in an action for VERBAL SLANDER, may be framed precisely as the last precedent, as far as the obelisk, page 257. and to which precedent and the notes, the reader is referred. The greater part of the rules stated in those notes, namely, with respect to the general inducement of the plaintiff's good character his innocence of the particular charge-the general consequences of such good character-the necessity for the statement of a special inducement of extrinsic matter, and of the defendant's malicious intention, are for the most part applicable to declarations for VERBAL slander, and will explain the points to *be attended to in the formation of such declaration. From the obelisk proceed as follows :]-in a certain discourse which he the said CD then and there had with the said A B, of and concerning him the said A B,(a) in the presence and hearing(b) of divers good and worthy subjects of our lord the now king, then and there(c) in the presence and hearing(d) of the said (z) See the precedents of declarations for libels, and for words referred to, 8 Wentw. Index, page 4 to 12. (a) The statement in this place of the colloquium, "of and concerning the plaintiff," will not in general dispense with the necessity for the subsequent statement, that the slanderous words were of and concerning the plaintiff, 1 Saund. 242. a. n. 3. 2 Saund. 307. n. 1. lication of a libel, &c. ante, 258. and (c) Neither the time nor the place (d) As to the statement of the publication, ante, 258. and i Saund. 212. n. 1. Com. Dig. Action Defama tion G. 4. The statement that these words were spoken in the "presence" of divers persons, is sufficient without stating the "hearing" also, Cro. Eliz. 486. Noy, 57. Cro. Jac. 39. Gre. (b) As to the statement of a pub- Car. 199. For verbal slander. for a verbal charge of perjury. First count for words spoken to the plaintiff.(z) * 263 |