CCXIII. Hare and Meller's Case. Hill. 29 Eliz. In the Common Pleas.
HUgh Hare of the Inner-Temple brought an Action upon the Case against Philip Meller, and declared,* 1.1 That the said Defendant had exhibited to the Queen a scandalous Bill against the Plaintiff, charging the said Hugh to have recovered against the said Defendant 400 l. by Forgery, Perjury, and Forswearing and Cosenage; And also that he had published the matter of the said Bill at Westm. &c. It was said by the Court, That the exhibit∣ing 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 to her to make their com∣plaints. But if a Subject after the Bill once exhibited, will di∣vulge the matter comprised in it, to the disgrace and discredit of the person intended; the same is a good cause of Action. And so was the Case of Sir John Conway, who upon such matter did recover. And as to the words themselves, It seemeth to the Court, That they are not Actionable; For it is not expresly shewed, That the Plaintiff had used Perjury, Forgery, &c. And it may be, that the Attorny, or Sollicitor in the Cause, hath used such indirect means, the Plaintiff not knowing it; and in such case the Plaintiff hath recovered by Forgery, &c. and yet without reproach: And by per∣jury he could not recover, for he could not be sworn in his own Cause. And Stanhops Case was remembred by the Court; which was, That Edward Stanhop of Grays-Inn brought an Action up∣on the Case against one who had Reported, That the said Edward Stanhop had gained his Living by swearing and forswearing; And by the Opinion of the Court, The Action did not lie; for those words do not set forth any actual forswearing in the person of the Plaintiff; but it might be in an Action depending between the Plaintiff and a stranger, that another stranger produced as a Wit∣ness had made a false Oath, without any procurement or practice of the Plaintiff; in which Case, it might be, that the Plaintiff had gained by such swearing.