Naben v Miecock
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 84
IN THE COURT OF KING'S BENCH
[183] term. trin. 36 car 2. C. B. 1. naben and miegock. The plaintiff brought an action sur case for these words, Thou art a clipper, arid thy neck shall pay for it; upon a motion in arrest of judgment, Jones Chief Justice, Levinz and Charlton were of opinion, that the words were actionable; for though clipper is general, and may be intended a clipper of wool, cloth, &c. yet the following words per Jones and Charlton shew it to be intended of clipping, for which he shall be hanged, and that thy neck shall pay for it, implies as much. Levinz held, that whether thy neck shall pay for it, implies as much as thou shalt be hanged, or not, or only that he shall be set in the pillory; yet that it was a scandal, and actionable : and he said, he was for encouraging actions for words, and for taking words in their natural, genuine and usual sense, and common understanding, and not according to the witty constructions of lawyers, but according to the apprehension of by-standers, &c. SKINNER. 184. TERM. TRIN. 36 CAR. 2. C. B. 85 and words are the rather to be made actionable, for that a verhis ad verbera is usual, and men will right themselves by force, when they...
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...and agreeable to the common understanding of all men” ( Townshend v Hughes (1676) 2 Mod. 159); or, as more vividly put by Levinz J in Naben v Miecock (1683) Skin. 183, “in their natural, genuine and usual sense and common understanding, and not according to the witty construction of lawyers......
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