Amicus reipublicæ. = The Common-Wealths friend or an exact and speedie course to justice and right, and for preventing and determining of tedious law-suits. With many other things very considerable for the good of the publick. All which are fully controverted and debated in law. By John March of Grayes-Inne, barister.

Whether actions for Slanderous words, being meer contentious Suits, ought in reason or conscience to be so much countenanced, as they are?

NEver did these actions more abound, to the great and intol∣lerable vexation of the people than they do now. And it were to be wish∣ed (and certainly never in a better time than now) that the greatest part of them were suppressed, that words onely of brangle, heat, and choler, might not be so much as mentioned in those High & Honourable Courts of Justice. For I profess for my part, I judge of them as a great dishonour to the Law, and the Professors there∣of; especially when I consider, that they are used onely to promote the

malice, and vent the spleen of pri∣vate jarres, and discontents amongst men.

Yet I do not condemn all actions for words neither, for it is just and equal, that where a mans life, lively∣hood, or reputation (which is dearer and nearer to him than the former) is much prejudiced and indangered by such scandals, that in such case the Offender should be inforced by action to make compensation. But that a man should flee to the Law out of malice, and make the Courts of Justice maintainers of every small and vain brabble, this seems to me utterly unlawfull and intollerable amongst Christians.

I cannot but take notice of that which Wray, Chief Justice said in Cooks 4. Book, That though slan∣ders and false imputations are to be repressed, because that oftentimes à

verbis ad verbera perventum est, men fall from words to blows. Yet he saith, that the Judges have resolved, that actions for scandals should not be maintained, by any strained con∣struction or argument, nor any fa∣vour extended for supportation of them; And he adds the reason of it, because they do abound more in these dayes, than in times past, and the intemperance and malice of men increases; Et malitiis hominum est obviandum; and further adds, that in our old books, actions for scandals are very rare, & such as are brought, are for words of eminent slander, and of great ••••portance.

This must needs be acknowledged to be a most exact and true obser∣vation; for, if I miscount not I find but nine reported cases for words from E. 3. time, (in which they be∣gan) to Q. Elis. and then they ex∣treamly

multiplied, and so have done ever since, to the great shame and dishonour of the Law.

And certainly these are very much against religion and peaceable con∣versation amongst men.

And how much doth S. Paul in all of his Epistles decry, and labour to depress as much as possibly may be, all vain brabbles, strifes, debates, and contentions, which tend to the di∣sturbance of the Common-peace? and I am confident nothing more tending that way, than such idle, fri∣volous actions as these are; and to those that go to Law for scandalous words (except in extra••••••inarie ca∣ses) a man may justly use the words of the Apostle, that it is so, that there is not a wise man among them.

And it were to be wished, that men would be more carefull of the ma∣nagement of this little, yet unruly

member, in which is seated either heaven or hell; this is that which of∣ten proves the greatest good, or the greatest evil to most men: which cau∣ses dissentions amongst men in Fa∣milies, Kingdoms, and Common∣wealths; wherefore I could wish, that every man would take up the saying of the Prophet David, and careful∣ly observe it; I will take heed to my wayes, that I offend not with my tongue; I will keep my mouth as with a bridle.

But now I beseech you, give me leave, and I shall in a word inform you how these frivolous contentious actions may be very much abated, if not wholly taken away: Let no words be actionable, which do appear to have been spoken in choller and pas∣sion; or if actionable, yet let the Plaintiff recover no more in damage, than he can upon Oath make appear,

that he was really and actually dam∣nified by the speaking of them, and if this were provided by Act of Par∣liament, these actions would be as strange, and as rarely brought for time to come, as they were in former ages; for nothing incourages the bringing of them more, than the in∣tollerable, unjust, and excessive da∣mages usually recovered by them. I shall conclude with this; Though the tongues of men be set on fire, I know no reason wherefore the Law should be used as bellows to blow the coals. The next thing that I am to consider, is concerning actions that die with the person; and therein the question is in short but this.