Reference: CP.H.3654
Year: 1685
Plaintiff: male
Defendant: male
Defamatory words:
he was a rogue and a theife and that he was a rogue and a theife to all the masters he had served
NB: these transcriptions are a work in progress and are provided without any guarantees of accuracy; checking the original documents wherever possible (via the reference links above) is recommended.
Common abbreviations:
... that this exte is a neare neighbour to the arte Richard Milburne and lives in the same parish with him, and for these seven yeares last past this exte hath by times had dealeings with him the sd Milburne for such things as fell in his way, and has severall times bought wines and brandy of him, and sayes that he always found him very honest and faithfull in his dealings and accounts, and beleives that he is a very honest man and this exte sayth he is a man of a very good life and conversacon and lives very quietly among his neighbours and is soe accounted and reputed to be in the city of Yorke & places ?lilate~? and that he never was taxed with any theft or dishonest dealing by any that ever this exte heard of (except it was by the sd Mr Robert Hillary) and beleives there was noe reason or ground for it...
... the arte Richard Milburne is a very honest man for any thing that this exte ever heard to the contrary (except what is hereafter deposed by this exte)...
... in the month of ffebruary last past this exte was in the house of one Margaret Cowling in the parish of St Martins in Miclegate in the city of Yorke in company of Alderman Ramsden Sherriffe Pemberton Mr Platts and Mr Hillary the defendt in this cause & some other psons, when & where the arte Mr Robert Hillary speakeing of the sd Richard Milburne said in a heate and passion that the sd Richard Milburne was a rogue and a theife, & to the best of this deponts memory he sd that he the sd Milburne had beene either rogue or a theife or both to all his masters that ever had imployed him or words to that effect, which this depont beleives were severall times repeated by the sd Mr Hillary in the presence of this exte and the psons abovemented~...
... this depont beleives that Richard Milburne arte is a very honest man, of a good life and conversacon and sayes he is comonly accounted reputed and taken soe to be within the city of Yorke [etc] ...
... in June last to the best of this extes remembrance, the arte Mr Robert Hillary being in the streete neare his owne doore and heareing this deponent and the arte Richard Milburne talking together about buying ferkin of butter he the sd Mr Hillary said to this exte that he (meaning the sd Richard Milburne) was a rogue and a raskell and a berrerly? rogue, and bid this exte keepe out of his company, and then went into his owne doorestead and coninued to repeate the sd words and severall others that this exte can not now remember. And otherwise he can not depose, saveing that at the time that the sd Mr Hillary spoke the sd words there was none by but this exte and the sd Mr Hillary & Richd Milburne and two contrey men whom this depont knows not...
[Milburne = honest etc]
... that one time when Alderman Ramsden Mr John Pemberton this exte & his precontest Mr Coulton & the arte Mr Robert Hillary were in the house of Margaret Cowling in the parish of St Martin's in Micklegate in the city of Yorke drinking a glasse of ale or wine, (but what month or yeare, or whetehr it was within the time lilate, or before this examinate can not depose) the sd Mr Robert Hillary then and there speakeing of the arte Richard Milburne said that he the said Milburne was a rogue or a theife, or a rogue and a theife or words to that effect in the presence of this exte and the rest of the persons abovemenconed~...
[all the above signed autograph]
... that in the latter end of January or the beginning of ffebruary in the yeare of our Lord God 1684 according to the computacon of the Church of England, to best of this extes remembrance, the more certaine time this exte can not now remember, this exte was at the house of one Margaret Cowling in the parish of St Martins in Micklegate in the citty of Yorke, or in the parish of St Gregory's which is annexed to St Martin's aforesd in company of the defendt Robert Hillary, Mr Coulton, and Mr Platts ministers, and Mr William Ramsden, and some others whome this depont can not now remember, drinkeing a glasse of ale or wine, when and where among some discourse that happened concerning the party agent in this suit (Richard Milburne) the said Mr Robert Hillary did in the presence of all the company say that Richard Milburne... was a rogue and a theife, or is a rogue and a theife, but whether this exte can not certainly remember...he beleives Mr Hillary was in passion against or angry at the sd Milburne, at the time he spake the words...