Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

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Title: Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...
Author: England and Wales. Court of King's Bench.
Publication: London :: Printed by F.L. for W. Lee, D. Pakeman, G. Bedel, and C. Adams,; 1658.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Link to this Item: http://name.umdl.umich.edu/A61918.0001.001
Cite this Item: "Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A61918.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

Pages

Cane against Golding.

Mich. 1649. Banc. sup.

THis case,* 1.1 formerly spoken to and argued, being an Action of the case for slandering the Plaintifs title, was now spoken to by the Iudges: And first by Roll chief Iustice, who held that the Action did not lye, although it be alleged that the words were spoken salso et malitiose; for the Plaintif ought to shew a special Cause: But that the verdict may supply. But the

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Plaintif ought also to have shewed a special damage, which he hath not don, and this the verdict cannot supply. The Declaration here is too general, upon which no good issue can be joyned: and he ought to have alleged, that there was a communication had before the words spoken touching the sale of the lands whereof the title was slandered, and that by speaking of them,* 1.2 the sale was hindred, and he cited 13 Iac, Tuer and Bailyes case, B. R. & 21 Iac. Doctor Edwards and Balls case, and 4 Car. Roe and Harwoods case, a Iudgement in it in Windsor Court, and reversed here; and 12 Jac. Sell and Paryes case, B. R. Ierman Iustice to the same effect: and he said, that there ought to be damnum et injuria alleged to maintain the Action; for one with∣out the other is not enough, and here doth not appear any damage, because there appears no communication of selling of the land. Nicholas and Ask Iustices of the same opinion: So the rule was, Nil capiat per billam, except better cause shewn. Roll Iustice said, that there is digitus Dei in the case; for there was a strange verdict found.

Notes

* 1.1

Opinion of the Judges upon an ar∣rest of Iudge∣ment in an Action of the case.

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* 1.2

Case.

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