For words charging a single woman with incontinence, special damage, loss of marriage.

For that whereas, the plaintiff now is a virgin and a chaste woman, and from the time of her nativity hath been so, and hath been accounted, esteemed and reputed as such among her neighbors, as well as of good reputation and fame by all other good people, and hath all her lifetime continued untouched and unsuspected of the atrocious crimes of adultery, or fornication, or any such other enormous crimes; whereby many good people have, at sundry times desired to take the said plaintiff to be their wife, and in particular one C C, who, at the time of speaking the false and scandalous words hereafter mentioned, was lawfully outpublished to the said plaintiff. Nevertheless, the said E, though well knowing the premises, but contriving maliciously and wickedly to injure and defame the plaintiff in her good name and reputation, and to bring her to disgrace and infamy, and to deprive her of her marriage with said C C, and to subject her to the penalties and punishments provided by law in cases of adultery and fornication, on &c., at &c., in presence of divers good people of this commonwealth, did loudly and publicly speak, utter and repeat the following false, malicious and scandalous words of and concerning the plaintiff, to wit, "that she (meaning the plaintiff) was a whore to a man that courted her," (i. e. the plaintiff';) and of her further malice, did then and there, in presence of divers good people, falsely and maliciously publish and declare, that she (meaning the plaintiff) had a husband in Ireland," and of her further malice, on &c., at &c., in the presence and hearing of divers good people, did pronounce, utter and publish the following false and scandalous words, to wit, "that her sister's apparition (meaning the apparition of the sister of the plaintiff) appeared to me (meaning the said E) that night before, and told me (meaning the said E) that she (meaning the plaintiff) was a damned whore, and that she (meaning the plaintiff) had lodged with her brother [meaning the said E's brother] that night;" by means of which false, scandalous and malicious words so spoken and published, the plaintiff hath fallen into disgrace, contempt and infamy with several persons, with whom previously she was in great esteem; and also the said C C, who had solicited her in marriage, and to whom she was outpublished as aforesaid, hath since neglected and utterly refused to marry her, the plaintiff, and still continues so to do; whereby

the plaintiff hath not only lost her credit and reputation, but hath also lost her preferment in marriage, &c.

On words containing a charge of theft.

In a plea of the case; for that the plaintiff is, and from his youth hath been, of good fame and reputation among his neighbors for honesty and propriety of conduct, and is, and ever has been, wholly free from the atrocious crime of stealing, and was never convicted or suspected to be guilty of that crime, but hath always maintained himself by honest and industrious attention to his trade and calling; nevertheless, the said D, not being ignorant of the premises, but fraudulently, maliciously and wickedly contriving to injure, blacken and defame the plaintiff in his good fame and reputation, and to injure him in his trade, and to expose him to the pains and penalties prescribed by law for stealing, did, on &c., at &c., in presence of divers good citizens of this commonwealth, and in conversation with the same, with a loud voice, speak, utter and publish the following false, scandalous and malicious words, of and concerning the plaintiff, to wit, "well enough S [meaning the plaintiff ] may buy horses; for it has not cost him [meaning the plaintiff] two dollars to live these two years; for he [meaning the plaintiff] has plundered from almost every body he [meaning the plaintiff] has worked for; he [meaning the plaintiff has been caught stealing a number of times;" by means of which false and scandalous words, the plaintiff has been much injured in his good name and reputation, and is and has been exposed to a prosecution for stealing, and has suffered great anxiety of mind; and one C C, who would have otherwise employed the plaintiff to work for him, at his, the plaintiff's, trade, whereby the plaintiff would have made a large sum of money, to wit, the sum of &c., now wholly refuses so to do; all which is to the damage &c.

By a trader, for words charging the plaintiff with bankruptcy, &c. For that whereas the plaintiff is and ever has been a good, honest, and faithful citizen of this commonwealth, and was of good fame and reputation among his neighbors, and for many years now last past, hath used and yet uses the trade or mystery of a mercer, and in the same art, without any covin, fraud, or bankruptcies, or any other crime, hath bitherto conducted himself, and by reason of his honest and just payment of his debts, hath gained great credit and es

teem among his creditors and neighbors; yet the said D, not being ignorant of the premises, but contriving to oppress and injure the plaintiff in his good name, and to hurt and traduce the plaintiff in his trade aforesaid, on &c., at &c., in the presence of divers good people of this commonwealth, openly and publicly speaking to the plaintiff, uttered the following false, malicious, and scandalous words, to wit, "thou [meaning the plaintiff] art a bankrupt, a rascal, a drunkard, and one of no credit;" by speaking and publishing of which false and scandalous words, the plaintiff is greatly injured, not only in his good name, but in his honest trade and dealings in buying and selling, is egregiously damaged, &c. Vide 6 T. Rep. 693.

By a trader for words implying that plaintiff was a bankrupt. For that whereas the said plaintiff is a good, true, and faithful citizen of the U. S., and now and for divers years last past, hath used and yet doth use the art and mystery of a merchant, and as a faithful buyer and seller in the same art and mystery in bargaining, buying and selling, hath behaved himself all that time, as a true and faithful citizen of the said U. S., and hath always been held and reputed, among his fellow-citizens and others, to be of good name, fame, and reputation, and in the said art and mystery, his credit, promises, and true and faithful payment of his debts at all times. without any mark of falsity, deceit, breaking or shutting up, or becoming a bankrupt, hath kept, performed, and fulfilled, and by these means hath acquired and enjoyed great reputation, and thereby hath daily and honestly gained and obtained a maintenance and support for himself and his family; nevertheless the said D, in no wise ignorant of the premises, but maliciously and wickedly intending to injure and destroy the good name, credit, and reputation of the said plaintiff, so that the said plaintiff might be esteemed a bankrupt by his creditors and fellow-citizens, did on &c., at &c., in the presence and hearing of many of the good citizens of the U. S., speak, utter, and publish the following false, feigned, and scandalous words, to wit, "he [speaking of and meaning the plaintiff] has shut up his [meaning the plaintiff's] stores;" meaning thereby that the plaintiff had become a bankrupt, and was unable to pay the just debts which he owed; by the speaking and publishing of which false, feigned, and scandalous words, the said plaintiff is greatly in

*

jured in his good name, credit, and reputation, and likewise in his art and mystery aforesaid; and many of his fellowcitizens have, by reason thereof, caused his goods and estate to be attached, whereby he is in danger of losing the confidence of his fellow-citizens, and of being, in other respects, greatly injured and distressed, to the damage &c.

For words containing a charge of perjury.

For that whereas the said plaintiff is a good, true, and honest citizen of the said commonwealth, and, from the time of his nativity, hath hitherto behaved and governed himself, as such, and, during all that time, hath been held, esteemed and reputed of a good name, character and reputation, as well among a great number of his fellow-citizens, as among all his neighbors and acquaintance, and during all that time hath been free from the atrocious crime of falsely swearing and perjury; nevertheless, the said E, in no wise ignorant of the premises, but contriving and maliciously intending, not only to injure the said plaintiff, and deprive him of his good name, character, and reputation, but also to cause the said plaintiff to be brought under the pains and penalties of the law provided against false swearing and perjury, at &c., on &c., speaking to the said plaintiff, in the presence and hearing of many of his fellow-citizens, falsely and maliciously, openly and publicly, and with a loud voice, pronounced and published the following false, feigned, and scandalous English words of the said plaintiff, to wit. "You [meaning the Said plaintiff] are a foresworn rascal. You [meaning the said plaintiff are a perjured villain; and I [meaning the said E] can bring a thousand men to swear it, and the whole town [meaning the said town of] have made songs of you [meaning the said plantiff] being a perjured villain ;" by means of publishing which said false, feigned, scandalous, and malicious words, he, the said plaintiff, is not only injured and prejudiced in his good name and reputation, but has been liable to be presented for perjury, and has undergone great fatigue and bodily labor to falsify the said rumors spread of him, the said plaintiff, and also many of his good fellow-citizens more and more withdraw themselves from the acquaintance of the said plaintiff, to the damage &c.

* If it is intended to introduce evidence of such attachments, they should be alleged circumstantially, i. e. with the names of persons, and a proper allegation of time and place.

By a trader for calling plaintiff a bankrupt, &c., cheat, &c. For that whereas the said plaintiff, from his childhood hitherto hath been a person of good credit, fame and reputation, and a person of integrity and justice in all his business, trade, and commerce with all men; and, for more than twelve years last past, hath been a merchant of extensive trade and commerce, with many worthy and great merchants in divers parts beyond sea, as well as in this land, and an usual underwriter of policies of insurance in &c. aforesaid, whereby he hath made great profit and gain; nevertheless the said E, not ignorant of the premises, but maliciously contriving and intending to ruin the plaintiff's reputation and good character, and to deprive him of his commerce and business aforesaid, and of all profit and gain to be made thereby, did, at &c. aforesaid, on &c., in the presence and hearing of many of our liege subjects* falsely, maliciously, and with a loud voice, speak and utter the following false and scandalous words of and concerning the said plaintiff, to wit, W F (meaning the plaintiff) is a very great villain, a rogue, a scoundrel, a bankrupt, not worth a groat, not able to pay his debts, and is thousands worse than nothing. And the said E continuing his malice against the said plaintiff, did there, on &c., in the hearing of divers good people, falsely, maliciously, and with a loud voice, speak and utter the following false and scandalous words concerning the plaintiff, to wit, W F (meaning the plaintiff) is a villain, a scoundrel, a rogue, a cheat, a bankrupt, not worth a groat, not able to pay his debts, and is thousands of pounds worse than nothing. And the said E thereafterwards, on the same day, in the presence and hearing of many good people, falsely, maliciously, and with a loud. voice, spake and uttered the following false and scandalous words of and concerning the plaintiff, to wit, W F (again meaning the plaintiff) is a great villain, a rogue, a scoundrel, a bankrupt, not worth a groat, his house and farm (meaning the plaintiff's house and farm) will not half pay his debts, he is not able to pay his debts, owes more than he is worth and is thousands worse than nothing. And the said E continuing his malice aforesaid against the plaintiff, did on &c., at &c., in discourse with divers persons concerning the plaintiff, falsely and maliciously say of him, the plaintiff, in their hearing, these false and scandalous words, to wit, he [speaking of, and meaning the plaintiff] is a vile

* Citizens of this Commonwealth.