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.

Sir Robert Hitcham against Brooks.

SIr Robert Hitcham Serjeant of the King, brought an action upon the case a∣gainst Brooks, and set forth in his declaration, that he was one of his Ma∣jesties Serjeants at law, and that the Defendant spoke these words of him, I doubt not but to prove, he, innuendo Sir Robert Hitcham, hath spoken treason, and upon not guiltie pleaded, it was found for the Plantiff, and now it was moved in ar∣rest of judgement by Hendon; first, because it is not a direct affirmation, that

he spake treason but he doubts not but to prove that, like to Penticosts case which was adjudged here, where one Baker said of him, I will prove that Penticost was perjured, and no action will lie, because he did not directly affirm that he was perjured. Secondly, because he had not shewed when he spoke those words, and perchance it was in his infancie, or lunacie, or before the general pardons. Thirdly, here is not any allegation of any conference had of the King before, and the speach of Treason is not Treason, but when there is an intent to commit that, and words shall be taken in the best sence, as the case of Stanhop Cook 4. and so in the case between the Earl of Shrewsbury, and Sir Thomas Stanhop, one laid to Sir Thomas Stanhop, that the Earl is a subject; nay, said Sir Thomas that is his grief, and adjudged those words are not actionable, and yet the words might be taken as if he had repined to have a Soveraign, but the words were taken in the best sence: Finch to the contrary; this is more then a bare affirmation, for he said he doubted not but to prove that, asmuch as if he had said, I am sure of that, and Mich. 16. Iac. Sidnams case, where one said, I think in my conscience that if Sir Iohn Sidnam might have his will he would kill the King, and all his good subjects, and adjudged upon a writ of error brought of that, the words are actionable: and so in Whorewoods case, so sure as you beleeve that God rules the world, and that the King rules the Kingdome, so sure did Whoorwood steal such goods, and adjudged to be actionable; and yet perchance the partie to whom he spake, did not beleeve either of them, and so Woods case 18. Iac. I will call him in question for killing of a man, I will pawn my shirt but I will hang him, and so here, and prayed judgement for the Plantiff.

Ashley Serjeant contray; words which may be taken in a double sence shall be taken in the best sence, and it shall be intended he spoke Treason in putting of a case, or in speaking that after another, and yet he offended not; and so if he had said, that he had written, or printed Treason, for so do the printers of the King, and the Clark of the Crown; and so I conceive that the Plantiff shall not have judge∣ment.