The Online Library of Liberty

A project of Liberty Fund, Inc.

• Acknowledgments and Dedicatory
• A Note On the Texts, Editions, and Translations
• Introduction
• Chronology of Events
• Editions of Coke’s Works
• Mottoes and Crests of Sir Edward Coke
• I: Reports
• Part One of the Reports
• The Preface to the Reader.
• Shelley’s Case.
• Part Two of the Reports
• (preface) to the Learned Reader.
• Manser’s Case.
• The Case of Bankrupts.
• |[46 A] the Archbishop of Canterbury’s Case. *
• Part Three of the Reports
• (preface) to the Reader.
• Heydon’s Case.
• Fermor’s Case.
• Part Four of the Reports
• (preface) to the Reader.
• The Lord Cromwell’s Case. *
• Cutler V. Dixon.
• Vaux’s Case.
• Slade’s Case.
• Part Five of the Reports
• (preface) to the Reader.
• Foster’s Case.
• Cases of By-laws and Ordinances the Chamberlain of London’s Case.
• Clark’s Case.
• The Case of Market-overt.
• Semayne’s Case.
• Rooke’s Case.
• Pinnel’s Case.
• |[125 A] the Case De Libellis Famosis.
• Part Six of the Reports
• (preface) to the Reader.
• Jentleman’s Case.
• Part Seven of the Reports
• (preface) Deo, Patriae, Tibi. 2
• Calvin’s Case, Or the Case of the Postnati. 1
• The Case of Swans.
• Penal Statutes.
• Part Eight of the Reports
• (preface) Deo, Patriae, Tibi. 3
• Vynior’s Case. *
• Dr. Bonham’s Case.
• The Case of Thetford School, &c.
• Part Nine of the Reports
• (preface) Deo, Patriae, Tibi. 3
• William Aldred’s Case.
• John Lamb’s Case.
• Mackalley’s Case. (in the Killing of the Sergeant of London.)
• Part Ten of the Reports
• (preface) Deo, Patriae, Tibi. 5
• The Case of Sutton’s Hospital.
• The Case of the Isle of Ely.
• Part Eleven of the Reports
• (preface) Deo, Patriae, Tibi. 4
• The Lord De La Warre’s Case.
• The Case of the Tailors of Habits &c. of Ipswich.
• The Case of Monopolies.
• James Bagg’s Case.
• Part Twelve of the Reports
• Ford and Sheldon’s Case.
• Case of Non Obstante, Or Dispensing Power.
• Q. If High Commissioners Have Power to Imprison.
• Floyd and Barker.
• Of Oaths Before an Ecclesiasticall Judge Ex Officio.
• Of Pardons.
• Customs, Subsidies, and Impositions.
• Buggery. 1
• Premunire.
• Nicholas Fuller’s Case.
• Sir Anthony Roper’s Case.
• Sir Anthony Roper’s Case.
• The Case of Heresy.
• Langdale’s Case.
• Mouse’s Case.
• Prohibitions Del Roy.
• The Lord Aburgaveney’s Case.
• Of Convocations.
• Proclamations.
• Thomlinson’s Case.
• Walter Chute’s Case.
• Sir Stephen Procter’s [proctor’s] Case.
• Exaction of Benevolence.
• Part Thirteen of the Reports
• (preface) to the Reader.
• Prohibitions.
• The Case De Modo Decimandi, 1 and of Prohibitions, Debated Before the Kings Majesty.

John Lamb’s Case.

(1610) Michaelmas Term, 8 James I

In the Court of Star Chamber.

First Published in the Reports, volume 9, page 59b.

Ed.: This note case describes requirements for liability for a libel.

John Lamb, Proctor of the Ecclesiastical Court exhibited a Bill in the Star-chamber against William Marche, Robert Harrison, and many others of the Town of Northampton, and against Shuchburghe and others, for publishing of two libels. It was Resolved, That every one who shall be convicted in the said Case, either ought to be a contriver of the libel, or a procurer of the contriving of it, or a malicious publisher of it, knowing it to be a Libel, for if any readeth a Libel, the same is not any publishing of it, or if he hear it read, it is no publication of it, for before he read or hear it, he cannot know it to be a Libel, or if he hear, read it, and laugh at it, it is no publishing of it; but if after he hath read or heard it, he repeats the same, or any part of it in the hearing of others, or after that he knoweth it to be a libel, he readeth it to others, the same is an unlawful publishing of it; or if he writes a Copy of it, and do not publish it to others, it is no publication of the Libel; for every one who shall be convicted ought to be a contriver, procurer, or publisher of it, knowing it to be a Libel. But it is great evidence that he published it, when he, knowing it to be a Libel, writeth a Copy of it; if not that afterwards he can prove that he delivered the same to a Magistrate to examine it; for then the subsequent Act doth explain the precedent intent. See Reader, Bract. lib. 3. tract. de |[60 a] Corona, cap.36. fo. 155. Fiat autem injuria. cum quis pugno percussus fuerit, verberatus, vulneratus seu fustibus caesus; verum etiam cum ei convitium dictum fuerit; vel de eo factum carmen famosum.1

[1. ][Ed.: A wrong is committed not only when someone is struck with a fist, or beaten or wounded with clubs, but also when he is insulted or made the subject of infamous verses.]