A Treatise On the Law of Slander Libel Scandalum Magnatum And False Rumours
A Treatise On the Law of Slander Libel Scandalum Magnatum And False Rumours
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But it seems that in general the Spiritual Courts have not, in case of defamation, any concurrent ju- risdiction with the courts of Common Law ; so that if the same words impute a spiritual and temporal offence, the jurisdiction of the former court ceases. Hollingshead prayed a prohibition to stay a suit in the Spiritual Court for defamation. The words were, . " Thou art a bawd, and I will prove thee a bawd ;" and because these words were properly determinable in the Spiritual Court, and no act...ion lies for them at Common Law, the prohibition was denied. But* it was held, that, for saying, " Thou keepest a house of bawdry ;" this being matter de- terminable at the Common Law by indictment, siut shall not lie in the Spiritual Court.
* Cro. Car- 229. Str. 1100. Cro. Car. 320, 428 li a man who has lands by descent sue in the Spiritual Court for words of bastardy, a prohibition lies ; for the words tend to the temporal* disin- heritance of the plaintiff.
But it seems that the mother would, in such case, be entitled to sue in the Spiritual Court, for the imputation upon her own chastity contained in such a charge of bastardy ; since, with respect to her- self, the slander is of mere spiritual cognizance ; and even where the mother and son jointly pre- ferred their libel for such words, a prohibition was denied.
What to read after A Treatise On the Law of Slander Libel Scandalum Magnatum And False Rumours?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Starkie to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
But it seems that in general the Spiritual Courts have not, in case of defamation, any concurrent ju- risdiction with the courts of Common Law ; so that if the same words impute a spiritual and temporal offence, the jurisdiction of the former court ceases. Hollingshead prayed a prohibition to stay a suit in the Spiritual Court for defamation. The words were, . " Thou art a bawd, and I will prove thee a bawd ;" and because these words were properly determinable in the Spiritual Court, and no act...ion lies for them at Common Law, the prohibition was denied. But* it was held, that, for saying, " Thou keepest a house of bawdry ;" this being matter de- terminable at the Common Law by indictment, siut shall not lie in the Spiritual Court.
* Cro. Car- 229. Str. 1100. Cro. Car. 320, 428 li a man who has lands by descent sue in the Spiritual Court for words of bastardy, a prohibition lies ; for the words tend to the temporal* disin- heritance of the plaintiff.
But it seems that the mother would, in such case, be entitled to sue in the Spiritual Court, for the imputation upon her own chastity contained in such a charge of bastardy ; since, with respect to her- self, the slander is of mere spiritual cognizance ; and even where the mother and son jointly pre- ferred their libel for such words, a prohibition was denied.
What to read after A Treatise On the Law of Slander Libel Scandalum Magnatum And False Rumours?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Starkie to read onlineMoreLess
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