Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

The same Term in the same Court. Sir Baptist Hickes Case in the Star Chamber.

SIr Baptist Hickes having done divers Pions and Charitable Acts, to wit, had founded at Camden in Glocestershire, an Hospitall for twelve poor and impotent men and women, and had made in the same Town a new Bell tu∣nable to others, a new Pulpit, and adorned it with a Cushion and Cloath, and had bestowed cost on the Sessions House in Middlesex, &c. one Austin Garret a Copyholder of his Mannor of Camden, out of private malice had framed and writ a malicious and invective Letter to him, in which in an iro∣nicall and deriding manner, he said, that the said Sir Baptist had done these charitable works, as the proud Pharisee for vain-glory and oftentation, and to have popular applause, and further in appro••rtous manner taxed him with divers other unlawfull Acts: And it was resolved by the Court that for such private Letters an Action upon the case doth not lye at Common Law, for he cannot prove his case, to wit, the publishing of it, but because it tends to the breach of the Peace it is punishable in this Court, and the ra∣ther in this case, because it tends to a publike wrong, for if it should be un∣punished, it would not only deter and discourage Sir Baptist from doing such good Acts, but other men also who are well disposed in such cases; and therfore (as the Arch-bishop observed) this was a wrong, 1. To Piety, in re∣spect of the cost bestowed on the Church. 2. To charity, in regard of the Hospi∣tall. 3. To Iustice in consideration of the Session House; and these things were the more commendable in Sir Baptist, because he did them in his life time: For as Mountague chief Iustice observed, they who do such acts by their Will, do shew that they have no will to do them, for they cannot keep their Goods any longer. And he only took a diversity where such a Letter concerns publike matter as they did, or private in which case it is not pu∣nishable.

But the Lord Coke said, that it was the opinion of the Iudges in the Lord Treasurers case, when he was Attorney, that such a private Letter was pu∣nishable

in this Court, and therupon he had instructions to exhibit an Infor∣mation, but the Lord Treasurer Jacens in extremis was content to pardon him; and so it was resolved between Wooton and Edwards: And Sir Francis Bacon Lord Chancellor said, that the reason why such a private Let∣ter shall be punished, is, because that it in a manner enforceth the party to whom the Letter is directed to publish it to his friends to have their advice, and for fear that the other party would publish it, so that this compulsary publication shall be deemed a publication in the Delinquent; and in this case the party was fined at 500 l.

Notes

• Where a pri∣vate Letter is punishable as a Libell.