King against Bowen, Ent. Trin. Jac. Rot. 1755.
KIng againk Bowen entered Tr. 18. Iac. Rot. 1755. William King brought an action upon the case against Iohn Bowen for these slanderous words spoken of
Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.
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- Title
- Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.
- Author
- England and Wales. Court of Common Pleas.
- Publication
- London :: Printed for W. Lee, D. Pakeman, and G. Bedell ...,
- 1657.
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- Subject terms
- Law reports, digests, etc. -- Great Britain.
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"Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A66613.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2024.
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Page 3
him, King is a false foresworn knave and took a false oath against me at a commission at Witham, and the Defendant Iustified the words, and it was found for the Plan∣tiff, and Henden said, that it had been alleadged in arrest of Iudgement that the words are not actionable, and he said that he agreed if one say of another that he was foresworn in a Court which is not a Court of record, that none action will lye, because the party is not punishable for that in perjury, but in our case the commission issued out of the high Commission Court, which Court to the examina∣tion of witnesses is in nature of a temporal Court, and had been confirmed by act of Parliment: and Serjeant Harvey argued to the contrary, that the first words are not actionable, and then the subsequent words are uncertain, and yet if one say of another, that he was foresworn at the Common Pleas barre, the words are actionable, for it shall be intended that this was upon examination in the execution of Iustice: Hobert, if a man is foresworn in a Court Baron before the Steward, this is perjury, but in our case the words are altogether uncertain, for it doth not appear what authority the Commissioners had, nor yet in what manner he was forsworn; and Iustice Hutton said, if one man say of another he was foresworn before the Bishope of S. this is not actionable, but if one say of another, that he was forsworn before the Bishop of S. upon examination by him by vertue of a Commission issuing out of the Chancery, this is actionable, and Hutton agreed to the case of the Court Baron, & the same Law by him if that be in a Court Leete, but in the principal case Iudgement was arrested.