P. 543." By St. 23 Eliz. c. 2. it was made felony to cast the nativity of the Queen. The taking a portrait of her was also for bidden by proclamation."

P. 548.-" Unless they amount to a direct breach of the peace, as by a challenge to fight," &c.

The terms liar and rogue are not indictable when spoken, because (as is said) they do not immediately tend to a breach of the peace, 4. Ins. 181.

Notwithstanding this authority, it would not be easy to select two other words in the language which do so efficaciously tend to a breach of the peace, or which have, in fact, been so frequently the forerunners of blows, as the two alluded to. The reason for tolerating such oral but tempting incitements to violence, seems to be the well-grounded apprehension, that, to subject the speakers of abusive words to punishment, would be to cherish a spirit of petty litigation, the inconvenience of which would outweigh the mischief intended to be remedied. The experiment was made with respect to actions (vid. p. 22), but the Judges were quickly induced to abandon the rule they had laid down, which does not seem ever to have been extended in the same latitude to the criminal offence; and Lord Holt observed, that to encourage indictments for words would render them as uncertain as actions for words are. See p. 548.

By St. 9 Anu. c. 14. 1. 8. in case any person shall challenge another, or provoke him to fight, on account of money wou at play, he shall, upon conviction, forfeit all his goods and chattels and personal estate whatsoever, and shall suffer imprisonment for two years. See Haw. P. C. b. 1. c. 72. s. 42.

P. 551.-"On the memory of one dead," &c. See also R. v. Walter, 3 Esp. 21.

P. 552.-" Upon the character of any particular individual." An indictment for a libel on several persons, to the jurors unknown, is bad. R. v. Orme (or Alme) and Nut. Ld. Ray. 486. 3. Salk. 224.

But where a libel reflects upon one of a specific body, with

out naming him, the publisher may be indicted for a libel upon the whole. R. v. Jenour, 7 Mod. 400.

And an information has been granted for charging one of several Trustees with a breach of private trust. R. v. Griffin and others. Rep. Temp. Haw. 39.

P. 565." The keeping of such libels in possession," &c. Where a libel is found in a man's own custody, but exposed, as on a shelf in a bookseller's shop, the owner is guilty of a publication. 12 Vin. Ab. 229. 4 Read. St. L. 155.

P. 599." Application for an information," &c. When the same libel reflects on several, it is not necessary that all should join in the application, or that the names of all should be specified, since the conviction upon one information would be a bar to any other, it being one single offence, though every person injured would severally be entitled to maintain an action. R. v. Griffin, Rep. Temp. Hardwicke, 39.

P. 599." The applicant must waive his right of action." &c. The party may be put to his election before the information is granted; after the granting of an information, it is of course to stay the proceedings in an action for the same cause. 2 T. R. 198.

P. 604-" Upon a warrant from a Secretary of State," &c. In the case of the King v. Kendal and Roe, Salk. 347. the Court held, that Secretaries of State might commit as conservators of the peace at Common Law, and that the commitment to a messenger was good, and a lawful custody; for they would intend it only to carry him to gaol. But the party, in that case, was committed on a charge of treason.

P. 605." But by the resolutions of both Houses of Parlialiament," &c.

Journal of the Lords, Die Martis, 29 Novembris 1763. The 3d resolution of the House of Commons was read; Resolved by the Commons in Parliament assembled, that privilege of

parliament does not extend to the case of writing and publishing seditious libels, nor ought to be allowed to obstruct the ordinary course of the laws in the speedy and effectual prosecution of so heinous and dangerous an offence; and it being moved to agree with the Commons in the said resolution, it was, after a long debate, resolved in the affirmative.

P. 606." The single point decided was," &c.

But Lord Mansfield, C. J. expressed himself in strong terms against the legality of general warrants, and cited the opinions of Wilmot, Yates, and Aston, Justices, in support of his own. 11 St. Tr. 312.

P. 613.-" Form of information or indictment."

Where two persons concur in the same illegal act, they may be included in the same indictment.

In the case of R. v. Benfield and Sanders, 2 Burr. 980. it was held, that an information lay against two for singing a libellous song on A. and B., which first abused A. and then B. And it was said, that had the defendants sung separate stanzas, the one reflecting on A. and the other on B., the offence would still have been entire.

A libel upon one of a body of persons without naming him, is a libel upon the whole, and may be so described. The defendant published the following advertisement in a newspaper: "Whereas an East India Director has raised the price of green tea to an extravagant rate, the same gentleman being also concerned with the Swedish East India Company; the English proprietors hope he will find some measure to raise bohea tea in Sweden, that the Company may have an opportunity to ship off some of their bad bohea tea, instead of having it burnt as usual." Upon motion for an information, Lee, C. J. observed, "Where a paper is published, equally reflecting upon a number of people, it reflects upon all, and readers, according to their different opinions, may apply it so." R. v. Jenour, 7 Mod. 400.

FINIS.

INDEX.

ABILITY:

A.

charging the want of, p. 117.

ABUSE:

mere words of not actionable, p. 32, 87.
nor indictable, p. 548, 659.

ACTION:

for slander, grounds of, p. 15, 25, 650.
ADJECTIVE:

words, p. 69, 73, 74.

AFFIDAVITS:

in aggravation, p. 638, 639.
in mitigation, p. 639.

order of reading, p. 641.

see attachment, information, &c.

AGGRAVATION:

evidence in, p. 453.

affidavits in, p. 638.

AMBIGUITY:

different kinds of, p. 51, &c.

explained by circumstances, p. 87.

APPLICATION:

of the words to the plaintiff, how collected, p. 108,

ARREST:

of judgment. See judgment.
ATTACHMENT:

what, p. 580, 581.

whence it issues, p. 581.

for what offences, p. 580, 581.

on what evidence granted, p. 583.

when granted in the first instance, p. 581, 583, 584.
proceedings upon, p. 584.

in default of recognizance the party is committed,
p. 584.

interrogatories, p. 584.

time allowed for exhibiting, p. 584.

party may purge himself upon oath, p. 585.

in what cases allowed to confess the contempt in the
first instance, p. 584.

ATTEMPT:

to commit an illegal act, charge of, when actionable,
p. 31, 40, 41, 42, 101, &c.

when an indictable offence, p. 548. See Solicitation.
ATTORNEY:

of extrinsic circumstances, when necessary, p. 320,
352.

introduction of useless ones prejudicial, p. 352.
and sometimes fatal, p. 353.

See colloquium, declaration, innuendo, &c.

BAIL:

B.

not requirable in common actions for slander, p. 278.
has been denied in scan. mag. p. 278.

affidavit necessary, p. 279.

BANKRUPTCY:

words imputing,

BARRETRY:

charge of, p. 47.

BARRISTER:

words of, p. 123.

p. 134, 388.

how described, p. 356.

when he may refuse to give evidence, p. 462.

see counsellor.

BASTARDY:

words of, p. 140.

BAWDY-HOUSE:

imputation of keeping, p. 44.

BISHOP:

words of, p. 127.

writ to by justices at sessions, p. 659.
BLASPHEMY:

See Religion.