i8
THE GREEN BAG
when we look forward the way seems was said to have been three times adjudged, clouded and the goal remote, but when that to call one Witch would bear an action, some echo from the past calls our reluctant and also that an action would lie for calling attention to the backward path we see the of one Hag; but I doubt of the latter be heavy shadows, and realize that the distant cause I take Hag to be a doubtfull word. starting-point is lost in impenetrable dark But why Witch should not bear an action, I know no reason, being the life may be ness. "In 38 years of H. 8 our Books tell us thereby drawn in question, though I know but of five actions brought for scandalous it hath been doubted." We are apt to think of our ancestors as words; . . . And these for no trifling words, for you shall finde that one of them matter of fact and perhaps stolid, but that was for calling a man Heretike, another for they possessed most vivid imaginations is saying a man was perjured; and the other evidenced not only by their quarrels, but three for calling of one Thiefe, all of which by their statutes, as we see by both case are high scandalls to a man's reputation, and statute referred to in the next quota and most of them tennding to the loss of life tion. and fortunes; so that it is very true that "Marshall brought an action against the Reverend Chiefe Justice observed, that Steward, for saying the Devil appears to these Actions were very rare in our- old thee every night in the likeness of a blackbookes, and such as were brought were for man riding upon a black Horse, and thou words of eminent slander, and of great im conferrest with him, and whatsoever thou dost ask he gives it thee, and that is the portance." The gentle author closes his heart to heart reason thou hast so much money, adjudged talk with the reader by saying: the words were actionable. Note Reader, "You have heard my advise and direc that by the Statute of 10 of King James, tion before, therefore I will here close this cap. 21 Conjuration or Consultation with the with one word, though the tongues of men Divell is Felony." In the next paragraph we find "one" who be set on fire, I know no reason wherefore the Law should be used as Bellowes to blow seems to have studied diligently the art of blackening character without rendering him the Coles." The many citations found in this book self liable. No doubt he had a large family, give us an idea of the methods of the em and from generation to generation his de bryo "yellow journalists" of the seven scendants have improved upon the simple teenth century. It is to be hoped that sub method of their ancestor, of whom the sequent incarnations have rendered these author says: ancient slanderers more charitable, but their "One said to another, I dreamt this successors are scarcely more subtle, if less night, that you stole a horse, these words superstitious. For example, we find that: were adjudged actionable : And he said that "Hawly brought an Action upon the case if these and the like words should not bear against Sydnam for these words, he is in an Action, a man might be as abusive as he fected of the Robbery and Murder lately pleased, and by such subtill words as these, committed, and smels of the murder, ad always avoid an action." judged that the words were actionable, by The argument used in the next citation reason of the word infected." seems — at least to the mind of the layman The decision in "Edwards his case" may — to be an application of one of those rules interest the vivacious girl whose ambition which work both ways. is to earn the nickname "Witch." "To say of a man that he deserves to be "In one Edwards his case, Hill. 40 Jac. it hanged; adjudged not actionable, because
