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CLXXXVII. Hare and Mellers Case. Mich. 28 Eliz. In the Common Pleas.
* 1.1HUgh Hare of the Inner-Temple brought an Action upon the Case against Phillip Mellers, and declared, That the Defendant had exhibited unto the Queen a slanderous Bill against the Plaintiff, charging the said Hugh to have recovered against the Defendant 400 l. by Forgery, Perjury, and Cosening; And also, that he had published the matter of the said Bill at Westm. &c. In this Case, it was said by the Court, That the exhibiting of the Bill to the Queen, is not in it self any Cause of Action; For the Queen is the Head and Fountain of Iustice, and therefore it is lawful for all her Subjects to resort unto her ad faciendam Querimoniam: But if a subject after the Bill once exhibited will divulge the mat∣ter therein comprehended to the disgrace and discredit of the per∣son intended, the same is good cause of Action. And that was the Case of Sir John Conway, who upon such matter recovered: And as to the words themselves, It was the Opinion of the Court, That they are not actionable: For it is not expresly shewed, That the Plaintiff hath used perjury, forgery, &c. And it may be, that the Attorny, or Sollicitor in the Cause, hath used such indirect means not known to the Plaintiff: And in such case it is true, That the Plaintiff hath recovered by forgery, &c. and yet without reproach: And by perjury he cannot recover, for he cannot be sworn in his own Cause. It was adjudged against the Plaintiff.