case row against CLARGIS it be actionable to call a justice of the peace and a  deputy lieutenant a papist SC raym SC lev SC Mod SC skin SC Freem error on a  judgement in the common plea in a action on the case for these word he be a  papist speak of he be a justice of the peace and a deputy lieutenant Mr holt  for the plaintiff in the writ of error argue that the word be not actionable  in themselves if not speak of a officer and reproachful word if they do not  draw a scandalous punishment be not actionable a Witch be not actionable nor  sorcerer nor enchanter if no act be allege b to bring he within the statute of  James c c a papist if he come not to church be punishable for that but not for  be a papist and these two office that be shower KB set forth will not make it  actionable because the word touch not those two office or place though perhaps  his say so may occasion his be put out of they yet that will not make they  actionable d they be not place of profit but honorary bill case of  buffleheaded justice not actionable e because the place be not profitable roll  Rep compare with his abridgment as to the case of Walgrave v agas cro  Elizabeth he answer that judgement be give there because it touch his  allegiance then that be a profitable office and the time as be object sure can  make a alteration of the law Mr Bonython argue e contra first it be actionable  in itself because it expose he to all the penalty of the statute second it be  certain so by reason of the office and place papist be make incapable of  office and it be all one with papist convict several statute make they to be  disarm and he cite the case of Harper v Beamand f Boughton v bishop of  Coventry g kempe v Housgoe h Beamond v Hastings I Bleverhasset v Baspole king  Chicheley v Barker l Lassells v Lassells m Carlian v mill n Wyndham v Clen oh  and roll Abr and say that most of the case cite on the other side be before  the statute of king James winnington in Hilary term follow argue for the  plaintiff in the error in Henry a heretic and Lollard hold not actionable no  indictment lie for be a papist Jones why shall not a action lie as well for  call a man Puritan or conventicler Mr north e contra a papist may be convict  without summons or be hear upon proclamation which may be all do on a common  report the rule be not that they must imply a conviction but that they charge  with such a crime as may subject he to process as thief or the like a papist  signify a traitor one that oppose the king supremacy as it be use in king  Henry the eight day and it be now use to distinguish allegiance and not  opinion a deputy lieutenant have if the defendant have die will have charge  his executor for although it can not have be prove that the defendant know the  commodity be have yet the plaintiff will have have a verdict SC skin and  Ventris say the case be adjourn because the count seem to be both on the  contract SC vent and by the case of brown v Dickson it be settle that wherever  the same plea may be plead and the same judgement give on several count they  may be join in the same declaration term Rep it may be necessary to add  however that Skinner in his report of the principal case agree that the  plaintiff afterward strike out that part of the declaration which be ground on  the warranty SC skin a roll Abr pl b   c but this statute be now repeal by Geo  c see hawk p c ch d Hutton e side lev f cro James Yelv g and h cro James I cro  James king cro Elizabeth l cro Elizabeth m more n cro car oh Leon shower KB er  p a great trust and he be to disarm papist and suspect papist and word of a  justice be actionable though no office of profit if speak looking back duty  cro Elizabeth shower KB all the court incline that they be actionable and the  judgement be afterward affirm p