Assembly Proceedings, September 1664. 519

that the accon will not lye for saying a woman is A Whore or
Baud (albeit they be marryed And then for the gesture I found
her in w^th that Rogue Tom Hughes as I am charged the s^d
Shepard declares himselfe in fo. 80 ut infra if any words be
spoke in themselves not actionable of a young -woman or man
Chargeing them with incontinency or otherwise by which they
loose their match the loss of the match must be averred
specially Itt is not good Pasch 25 Car. B. R. Ayres Case, San-
dersons Case Trin 17 Car. B. C. soe if any words of passion
only not acconable be spoken as to say a man is forsworn he is a
Rogue Villaine, or the like if any accon be brought vpon them
itt must be mayntayned by a speciall averm^t of losse Coo. 4.
15 Now for the last parte of his Charge (vizt) & also that his
oathe was false & malicious which he would prove, this I like-
wise Conceive is not actionable for the s^d Shepard sayth fo. 77.
soe in a Case depending betweene A. and B. in the Kings bench
certaine Affidavits being openly read in the Court the def^t
sayth openly there is not a word true in them as I can prove
by twenty Wittnesses this is not actionable Pasch 15 Car. B. R

U. H.
Journal
1659-69

Moltons Case Besides may itt please yo^r honors when I spoke
the words itt was not soe much as an Affid^t vntill sworne to
noe affid^t & itt was some space of tyme before she had deposed
Lastly to give yo^r honors fuller sattisfaccon haveing as I humbly
Conceive sufficiently proved nothing in my adversarys Charge
can be acconable I shall now proue alsoe vnder correccon of
this hono^ble Court that grant they were acconable in themselues
yett as they are Charged they can beare noe action and that
by the afores^d Shepard who fo. 44 sayth they must be Charged
with the very words false and malitious false et malitiose or itt
is not acconable both which words must be found by a Jury for
if they finde one of the words & not the other the accon will
not lye as in folio: 85 Norman & Symonds case the pit
brought an accon for words & declared that they were spoken
false & malitious the Jury finde the words false et injuriose &
itt was adjudged the accon would not lye because the findeing
of the Jury doth not warr^t the declaracon in the substantiall
forme of itt, Trin. 7 Car. B. R.
Now I leaue itt to yo^r. honors to judge whether itt is possible
a Jury can finde both or either of the words being neither vsd
nor Charged in my Adversarys declaracon the s^d Shepard
calling them by the title of the substantiall forme of the decla-
racon.
Notwithstanding may itt please yo^r honors the better to de-
fend my selfe from the malitious designes of Henry Spinke &
that light carryaged woman Ellinor Edwards while she was my
servant yo^r pet^r doth not deney any thing of his Charge or
declaracon yett he humbly desires yo^r honors to Consider the

p. 204