Mason v Thompson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1084
THE COMMON PLEAS
pasch. 18 jac. mason versus thompson, Case. Hob. 305. Words. An action upon the case was brought for these words, I charge thee with felony for taking forth from John Saci's pocket, and I will prove it. Henden morved in arrest of judgment that these words were not actionable. First, because that is not any direct affirmative that he is a felon; and for that he vouched a case (as he said) judged in the Kings Bench, Masters, bear witnesse that he is a thief. The second reason, was, because that the matter subsequent doth not containe matter which must of necessity be felony, but stands indifferent: for if it be not privily and secretly, it is not felony ; and it may be by way of sport, or trespasse: for as one said, that he ia a thief, and stole his timber, it is not actionable, for it might be timber cut, or timber growing: so to say, That he stole his corn or his apples, or his hops : for in mitiorem partem verba, sunt accipienda. (Vide Poph, 211,) And it setmed to tho Lord Hobart that the first words, viz. (E charge thee with felony) are actionable, for the constable (if he ba there present) ought to apprehend him thereupon, and it is a plain affirmative I arrest thee of high treason; Justice Winch prjma facie held, that the...
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