coke Report18b BRITTRIDGES case in the king bench Michaelmas term Elizabeth SC  Yelv more SC cite send for Yelv roll Rep Brownl ld raym bull n p that edit n  burn ecclesiastical l n Chit plead n vin Abr action I a pl r a pl S a pl d S p  east vin Abr action m b pl Com dig action case defamation c Bac Abr slander c  ED b hob Cr Elizabeth Fitzgib e Acc Com dig action case for deceit a where  case lie though the wrongdoer be punishable criminal id ibidem Bac Abr action  on the case king vin Abr action g c I c ED c Cr James Cr Elizabeth f in case  for sell two ox affirm they be his the defendant whereas in truth they be the  property of I S without allege that he sciens the be the property of I S yet  the declaration be hold good Carth and see infra Bac Abr plea b ED g S p Bac  Abr slander c ED Fitzgib d Cr James roll Cr car Bulst h a Br travers Persian  Ceo Doct pl hard Siderf Bulst roll Rep see n h infra h the general issue be in  fact a traverse of the sciens for unless the plaintiff on the trial prove the  defendant know his dog be accustom to bite sheep his cause of action fall to  the ground as in such case the defendant be notguilty of any thing which can  entitle the plaintiff to a action Bac Abr plea b v vin Abr action h pl  traverse p pl and see ace dyer b a salk stram ld raym Mod Lutw cro car I maul  and S what be sufficient evidence of the defendant knowledge of the propensity  stram Esp Rep camp Com dig action case for negligence a ED e Cr Elizabeth Doct  pl lane coke report a er p Com dig action d Bac Abr slander m r see the note  and reference infra Mr b be a perjure old knave and that be to be prove by a  stake part the land of h Martin and Mr wright hold not actionable for the  subsequent word qualify the first word so as to make they not actionable  adjective word be actionable if they import a act do by if they import a  inclination only so word speak adjective be actionable if they slander one in  his office or trade c as to say of judge he be corrupt of a clergyman he have  make a seditious sermon or of a merchant he be a bankrupt knave c word prima  fancy impute a felony be not actionable if explain by subsequent word  Brittridge bring a action upon the case for these word Mr Brittridge be a  perjure old knave and that be to be prove by a stake part the land of h Martin  and Mr wright the defendant plead not guilty and be find coke Report19a guilty  and now in arrest of judgement it be move that these word be not a actionable  because this word a perjure old knave the noun be knave and perjure be speak  adjective as if a man say one be a seditious or thievish knave these word be  not actionable because the word do not import that he have make sedition or  felony but be adjective which imply a inclination to it a that the court ought  to judge upon all the word together and collect the defendant intention upon  all his word and not to take his word by parcel and it be say that b the last  word extenuate the genuine and proper sense of the first word b for perjury  shall be intend in some court upon judicial proceed but when he add and that  be to be prove by a stake part c that explain for any thing that appear to the  court that this perjury be not in any court but a unadvised oath extrajudicial  about the place of a stake for a partition as to the first it be resolve by  Popham chief justice gawdy Fenner and Yelverton justice that for these word  thou art a perjure knave without any more a action upon the case lie for  sometime adjective word will maintain a action and sometime not they be  actionable when the adjective presume a act commit c when they scandalize one  in his office or function or trade b that which he get his live as if a man  say that one be a perjure knave there must be a act do or otherwise he can be  perjure as be resolve before so if one say of a officer or a judge that he be  a c corrupt officer or judge a action lie d for both cause because it imply a  act do it be slanderous to he in respect of his office pasch Elizabeth in b r  Philips bachelor of divinity and parson of d bring all action upon the case  against Robert Badby Esq because the same defendant speak these word in London  thou have make a seditious sermon and move the people to sedition this day the  defendant justify at saint Edmund bury in Suffolk that he speak the say word  at bury upon which the plaintiff demurrer and in that case two point be  resolve notwithstanding that the first part of a Cr James palm a infra b and n  c ib b style b infra b c Acc latch side ld raym bull n p a vin Abr action I a  pl by if they import a inclination only infra b the same distinction be take  and recognize per cur in Osborn v pool ld raym side vin Abr action I a pl ED c  above a Ventr Poph Mod Rep roll Rep d Acc cro James Leon Chit plead n vin Abr  action I a pl Com dig action case defamation d but it seem to be otherwise as  to word impute want of ability to a magistrate salk holt cro car will and a  indictment will not lie unless the word impute corruption be speak to the  justice in the execution of his office camp stram ED coke report b er p the  word be utter adjective and the latter word be but move to sedition and it do  not appear that any follow yet because they scandalize the plaintiff in his  function it be resolve that the word be actionable e that the defendant ought  to have justify the word in London and not at bury for the word in the  declaration be not answer f wherefore judgement be give for the plaintiff so  if one say of a merchant that he be a bankruptly knave or bankrupt knave  although there d bankrupt be speak coke Report19b adjective yet a action lie  as it be adjudge in Mittons case in c b mich Elizabeth or if one say of a  merchant that he a will be bankrupt in two day which imply but inclination yet  a action lie e dyer for that defame he in his trade by which he get his live  but when the word do not imply a act do but a inclination to a act which do  not scandalize theparty in the duty of any office or function nor in his trade  of live there a action upon the case do not lie as to say that he be a  seditious or b thievish knave these do not import any act to be do but a c  intent or inclination to it which be not punishable by the commonlaw g as to  the second it be resolve in the case of Brittridge that upon all the word take  together no action lie for the latter word extenuate the first and explain his  intent that he do not intend any judicial perjury h also it be impossible that  a stake can prove he perjure and therefore upon consideration of all the word  for the impossibility and insensibility of they they be not actionable as it  have be adjudge that where one say to another thou art a thief for thou have  steal my apple out of my orchard or for thou have rob my hop ground which  latter word prove it no felony and so qualify the proper sense of this word  thief which of itself although it be general speak will bear a action and so  it be adjudge inter dobbins and franklin mich e SC and S p cite send for burn  ecclesiastical l n vin Abr action S a pl so to say of a clergyman be be a  drunkard be actionable drunkenness be a cause of deprivation by which he shall  lose his freehold Dodd v Robinson Aleyne so for publish of a clergyman he  preach lie in the pulpit Cranden v Walden lev drake v drake sty roll Abr to  call one papist no action lie but to call a bishop so be actionable for he be  trust with the government of the church Brownl see further as to word speak of  a clergyman ante p a n e burn ecclesiastical l vin Abr action S a Com dig  action case defamation d Bac Abr slander b l ED f Acc Bellingham v minor cro  Elizabeth pl vin Abr action m b pl as to plead of justification in slander  sand t r taunt Com dig pleader l Chit plead vin Abr action m b m b Bac Abr  slander S ED d cro James roll Cr car Bulstr palm godb Cr Elizabeth a roll Rep  b latch side palm Cr James bull n p n Bac Abr slander m c ante b Cr car Jones  side Yelv Bac Abr slander m g see ante p a n S Bac Abr slander m see further  in what case adjective word be actionable vin Abr action I a Bac Abr slander m  Com dig action case defamation e and the book cite in n oh sup ED h S p vin  Abr action r a pl Bac Abr slander r and see the book cite ante p a and ill  infra ED godb cro James hut Cr James Inst I S p Bac Abr slander r so if a man  say to another thou art a thief for you steal my tree it be not actionable for  it show he have a trespass and not a felony in his contemplation minor v  leeford cro James Gier v Ormsted cro James clerk v Gilbert hob baker v pierce  ld raym bull n p so in Christie v Cowell peak n r where the word prove be he  be a thief for he have steal my beer it appear in evidence that the defendant  be a brewer and that the plaintiff have live with he as servant in the course  of which service coke report a er p Elizabeth in c b and it be agree that it  be all one to say thou art a thief for thou have steal my apple out of my  orchard and to say thou art a thief and that will be prove by steal my apple  in my orchard so in the case at bar thou art a perjure old knave and that will  be prove by a stake part c for the office of judge be upon consideration of  all the word to collect the true scope and intention of he who speak they king  and if in this case the plaintiff have declare only upon the first word see  thou art a perjure knave the defendant may have show all the word and the  coherence of they as appear before in the Lord Cromwell case l but it be say  that if the plaintiff counsel have disclose the truth of the case in the  declaration the say word will have well maintain the action for the truth of  the case be that in a action between Martin and wright the state of the  controversy be whether the say stake stand upon the land of the one or of the  other or indifferent as a boundary betwixt they and three that action the  plaintiff be swear as a witness and by the pretence of the defendant have in  his deposition perjure himself but this special matter be not show and  therefore it be adjudge quod to express grief nothing to take in hand per  billam m