case sir John Hollis against BRISCOW and his wife Hilary term Elizabeth roll  it be not actionable to say of a magistrate that he be a rascally villain and  keep a company of thief and traitor to do mischief post Yelv   roll Abr hob  vent cro Elizabeth Com dig salk lev stram action on the case for word recite  whereas he be a justice of peace in the county of Nottingham and have be  sheriff of the county and their and for seven year before be a deputy  lieutenant there that the defendant wife say to Whittingham and Aston the  plaintiff servant these word your master innuendo the plaintiff be a base  rascally villain and be neither nobleman knight or gentleman but a most  villainous rascal and by unjust mean do most villainous take other man right  from they and keep a company of thief and croak throw traitor to do mischief  and give they nothing for their labour but base blue livery and this all the  country report and other good he do not any the defendant plead not guilty and  it be find against they and damage assess to twenty pound after verdict it be  move in arrest of judgement that these word be not actionable for none of they  although they be ill word and full of malice have any colour to bear a action  but these and keep a company of thief and traitor to do mischief a   b say  vide Whitton v Weston Jones and star v Elliot Freem croak James er p and so be  the opinion of all the justice and for these word no action lie for it may be  he keep thief and traitor and know they not to be such and then it be not any  slander for one who have many servant may peradventure have such in his house  and know not that they be so and although that she say to do mischief that be  not to commit felony or treason and to do any other mischief as to commit riot  or forcible entry or the like import not any matter of slander and therefore  the word be such as may have reasonable intendment the court shall not  construe they to be slanderous for which a action shall lie vide Edward dyer  sir John bridge case and dyer barber case gawdy Fenner and Yelverton be of  opinion that the word import not any slander nor will bear a action but where  by intendment they can have any favourable or reasonable construction but  Popham and William hold that these word will maintain a action for be speak  malicious they shall be take to have the worst intendment and the strong  against he that speak they but notwithstanding in regard of the three other  opinion it be adjudge for the defendant quod to express grief nothing to take  in hand per billam