excuse or make thin fault in of the head quoth non service idem in courtesy in  capital cause in favor make faulty the law will not punish in so high a degree  except the malice of the will and intention appear but in civil trespass and  injury that be of a inferior nature the law do rather consider the damage of  the party wrong than the malice of he that be the wrong doer and therefore the  law make a difference between kill a man upon malice before think and upon  present heat but if I give a man slanderous word whereby I damnify he in his  name and credit it be not material whether I use they upon sudden choler and  provocation or of set malice but in a action upon the case I shall render  damage alike so if a man be kill by misadventure as by a arrow at butt this  have a pardon of course but if a man be hurt or maim only a action of trespass  lie though it be do against the party mind and will and he shall be punish in  the law as deep as if he have do it of malice so if a surgeon authorize to  practice do through negligence in his cure cause the party to die the surgeon  shall not be bring in question of his life and yet if he do only hurt the  wound whereby the cure be cast back and death ensue not he be subject to a  action upon the case for his misfeisance so if baron and feme be and they  commit felony together the feme be neither principal nor accessary in regard  of her obedience to the will of her husband but if baron and feme join in  commit a trespass upon land or otherwise the action may be bring against they  both maxim Standf Edward Q Standf so if a infant within year of discretion or  a mad man kill another he shall not be impeach thereof but if they put out a  man eye or do he like corporal hurt he shall be punish in trespass so in  felony the law admit the difference of principal and accessary and if the  principal die or be pardon the proceed against the accessary fail but in a  trespass if one comnand his man to bear you and the servant after the battery  die yet your action of trespass stand good against the master