1791-11-07 (static/transcriptions/1791/11/061.jpg)

114.)

words “There is a remarkable passage in Popham’s report of the case of Sir Baptist Hicks says that case, If it should not be punishable at the suit of the King, there would be no remedy; for the Party cannot bring an Action, because he can be no Witness for himself, and it is only known betwixt them two; but a Witness for the King he may be, to prove his own receipt of the Letter, and the Party’s Mind.”
“At Just Powell. You need not labour the point, I’ll tell you. Mr Attorney; for Law is very clear in that point, I think, if you bring it home to your Case.”

The words “by way of letter directed & sent – limits the mode of publication, & shew that it is not a general one.
The Declaration ought to shew clearly & certainly the ground of the action; for if there [ILL] meaning it shall be taken most strongly against Plaintiff – Plowden 202 & 193.
Want of certainty in a declaration