Anne Davies case. 35. of the Queene. fo. 16.
THe Defendant said to B. (a Suitor to the Plaintiffe, and with whom there was neare an agreement of marriage) I know Davies daughter well, she did dwell in
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THe Defendant said to B. (a Suitor to the Plaintiffe, and with whom there was neare an agreement of marriage) I know Davies daughter well, she did dwell in
Cheapside, and a Grocer did get her with childe; and the Plaintiffe declared, that by reason thereof, the said B. refused to take her to wife.
Resolved, the action lyes, for a woman is punisha∣ble for a Bastard by 18. of the Queene, ca. 3. And though that fornication, &c. is not examinable by our Law, because done in secret, and uncomely openly to be examined, yet the having a Bastard is apparant, and examinable by the said Act.
Resolved, if the Plaintiffe had been charged with nude incontinency onely, the action lyes, for the ground of the action is temporall, viz. the defeating of her advancement in marriage. By Popham an action lyes, for saying that a woman, Inholder, had a great infectious disease, by which shee loses her guests. Banister and Banisters case. 25. of the Queene. Resol∣ved, that an action lyes, for saying to the sonne and heire, that he was a Bastard, for this tends to his dis∣inherison; but resolved, if the Defendant pretend that the Plaintiffe is a Bastard, and he himselfe right heire, no action lyes, and this the Defendant may shew by way of barre.