¶1 According to the old authorities, words are to be taken in meliori sensu , to discourage actions for slander; but now the rule is changed, and they are to be taken to have that signification which they bear in common parlance; and taking them in that sense, in the present case, they clearly import a charge of perjury. *90
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Case posture Posture ACTION for words in which the declaration stated that the defendant maliciously spoke of the plaintiff these words: You swore false in two particulars in one oath in court; then it went on, and (117) that afterwards, to wit, the same day and year, he spoke these other words: He swore false in two particulars in one oath in court, meaning the country court of Guilford, which is a court of record. Upon the general issue pleaded, the jury found generally for the plaintiff, and assessed his damage to £ 60 and thereupon Moore, for the defendant, moved in arrest of judgment, and assigned these as his principal reasons, to wit, that the words in the first count are not actionable, and that those in the second are not laid to be spoken maliciously or with any ill motive. There were other reasons assigned, but he seemed to rely upon these only, and these reasons come on now to be argued.
E contra , it was argued that the rule as to actions for slander is considerably changed at this day from what it was formerly. In ancient times there were two rules which principally governed these (118) actions, namely, that words were to be taken in meliori sensu; and; secondly, that they must be such as if true the plaintiff was liable to be punished criminally. As to the first of these rules it is now exploded; and as to the second, if the words are such as according to common acceptation are expressive of a charge that would render a man liable to punishment, the action will now lie; and even where the words are defamatory, though not containing a criminal charge, an action hath been held to lie. It was anciently the policy of the law to discourage actions for slander — ad obviendum malitae hominum , as the old books expressed it; but in modern times the action has been encouraged to prevent breaches of the peace. But even according to the ancient authorities, this action would lie for such words as are stated in the declaration, much more will it lie by the modern authorities.
Curia advisari vult . And now, on the last day of the term, they gave judgment for the plaintiff. Source: CourtListener
