T was for their mutual Conveniency and Defence that Men firft entered into Society, thereby fubmitting themselves to be governed by certain Laws, that they might in Return enjoy the Benefit and Protection of them. Legum denique idcirco omnes fervi Cicero pro fumus, ut liberi effe poffimus. Hence Cluentio. Hence the End of the Law is to preserve Men's Perfons and Properties from the Violence and Injustice of others; and for that Purpose it does, in all Inftances of an Injury being committed, either inflict a Punishment upon the Party offending, or give a Recompence to the Party injured. The Method prescribed by the Law for getting at fuch Recompence is what is properly termed an Action: Therefore leaving criminal Profecutions, by which Punishments are inflicted, to the Difquifition of others, I will in this firft Part of my Work take Notice of the Injuries for which an Action may be brought, and by what Evidence it may be fupported; and also confider what Defence may be made by the Perfon against whom the Action is brought, and what is the proper Manner of taking Advantage of it. BOOK BOOK I. For what Injuries affecting the Person an T HE Injuries on Account of which an Action may be brought, are such as either affect the Person, or the Property of the Party. Those which affect the Perfon are, 1. Slander. 2. Malicious Profecution. 3. Affault and Battery. 4. Falfe Imprisonment. 5. Injuries arifing from Negligence or Folly. 6. Adultery. CHAPTER I.. Of Slander. LANDER is defaming a Man in his Reputation by fpeaking or writing Words which affect his Life, Office, or Trade; or which tend to his Lofs of Preferment in Marriage or Service; or to his Difinheritance; or which occafion any other particular Damage. If Slander be spoken of a Peer or other great Man, it is called by a particular Name, Scandalum Magnatum, and is punishable in a particular Manner, viz. by Imprifonment, by Weft. 1. c. 34. as well as rendering Damages to the Perfon injured, to be recovered in an Action founded upon the fecond of R. 2. tam pro Do 3 |