CCCCLXIX Walgrave and AGURS case action for scandalous word savage and cook  case Kinseys case sir William Walgrave bring a action upon the case against  agur upon these word speak by the defendant to a servant of the plaintiff it  be well know that I be a true subject but thou innuendo the say servant serve  no true subject and thou own conscience may accuse you thereof it be move in  arrest of judgement that these word be not actionable for no slander come to  the plaintiff thereby for perhaps the party serve no man but the queen and if  Leonard the word may receive such sense which be no pregnant proof of infamy  they be not actionable as in the case betwixt savage and cook these word thou  art not the queen friend be not actionable for it may be they be speak in  respect of some ordinary misdemeanour as in not payment of subsidy or the like  also it be not aver that the party to who the word be speak be the plaintiff  servant coke where a man be touch in the duty of his office or in the course  of life a action lie although that otherwise the word be not actionable and  here be set forth in the declaration that the plaintiff at the time of the  speak of the say word be a justice of peace and sheriff of Suffolk and captain  of a troop of horse to attend the preservation of the queen person so in  respect of place and dignity in the commonwealth as h the bishop of Winchester  bring a action upon the statute of scandal great man upon these word my Lord  of Winchester send for I and imprison I until I make a release to I S and in  respect of his place and dignity the word be hold actionable and Elizabeth  dyer in a action upon the case by the Lord Aburgaveney against Wheeler my Lord  of Aburgaveney send for we and put some of we into the coalhouse and some into  the stock and I into a place in his house call little ease and the word be  hold actionable so in our case lews say it be the case of one Kinsey one say  to a bailiff of a franchise thou do execute false warrant without say they be  falsify by he adjudge a action do not lie Wray chief justice these word in  themselves be not actionable for the plaintiff may be true in small thing  which give no discredit but the quality of the person of who they be speak may  add weight to they as to call Leonard er p one bankrupt general no action lie  upon it but to call a merchant so be actionable so to call one papist no  action lie for it but if one call the archbishop of Canterbury so a action  will lie for he be governor of the church thou art a true man to the queen  give not a action to a ordinary subject but such word speak of one of the  privycouncil be actionable corrupt man in themselves be not actionable but be  speak of a judge a action lie it be Birchleys case a attorney of this court  thou art a corrupt man and dear corrupt and it be adjudge per curian that the  word be actionable for that refer to his call gawdy be of opinion that the  word be actionable of themselves without respect have to the quality of the  person of who they be speak for the word be particular enough and to touch he  in the duty of a subject which be to be faithful to his natural prince be a  great reproach and slander Fenner conceive that the word be not actionable  Wray as before of themselves they be not actionable for they be in general for  if he be indict of trespass he be not a good subject cro Leonard er p Leonard  report volume the second part of report and case OF law argue and adjudge in  the court at Westminster in the time of the late Q Elizabeth from the xviii to  the XXXIIId year of her reign collect by that learned professor of the law  William leonard of the honourable society of GraysInn Esq Leonard mich  Elizabeth in the common plead rot