case the queen against dr drake if in a information for a libel the libel be  recite accord to the tenor follow a variance of not instead of nor be fatal  for the word have a different grammatical signification S c ante S c salk S c  salk S c holt gold justice as to the first point videlicet whether this be a  libel be of opinion that the word be a libel second point videlicet whether  there be such a variance between not and nor as to make it a material variance  this be the case of a libel find upon a write and not like the case of word  for there it be sufficient to find the word to be actionable a register cro  James dyer a the word be material different for the one be a negative  copulative and the other have a different sense there be a difference between  a action find upon a deed as debt upon a bind there if there be a variance one  may plead non be factum not so here so he conclude that judgement ought to be  for the defendant Powell justice it be a libel and a very virulent one as to  this variance it be a mere slip but it be such a one as will occasion a  judgement for the defendant not may begin a sentence modern report but nor can  it be a relative and of another part of speech if the court be not to stop at  a word where will be the ne plus ultra b hob Yelv cro James b it be object  that in declaration for word you say in hc word England sequent videlicet  which be as strict as secundum tenor sequent I answer word be quasi in the air  but litter scriptoe morning again in a action the scandal be the matter here  the write c a cro car   a the word tenor be by constant usage become a law  term and be to be a exact copy accord to the case of the king v bear b salk  salk Carth Mod holt ld ray b powys justice the consequence may be ill in give  a lose in such case as these though the difference seem small and trifle for  if judge have such a power it may be carry to case of treason and endanger man  life by inference the book be full of the learning of variance material and  immaterial but you do not count there upon the tenor but upon the record in  general as in word c ad execution be not good in law there can be a tenor of  word for there be no original to compare the tenor by for the word remain only  in the idea of the mind c yearbook Henry pl and c if the tenor be a copy which  must be intend a true copy then how can the tenor admit of a variance be it  material or immaterial a man may declare for more but if the jury find the  very word that be actionable it be good d thus in a action by sir John burgess  for these word speak by Warrenford there be a great nest of thief at piston  and sir John burgess be the maintainer of thief and he be a strong thief  himself the jury find that he speak all the word except the word strong and  the verdict be hold good dyer see also the case of companion v Martin Bl Rep  and bull n p d he think the modern report er p case of sir John Sidenham e cro  Elizabeth e a little shake in Charles the second time there be a Act that to  say the king be a papist a prmunire shall be incur suppose a man have be  indict and a jury find that he say he believe the king to be a papist he can  not have be find guilty for to say I believe a man a papist be not so much as  to affirm he to be one for the latter imply a knowledge of his own he think it  not proper to extend case of this kind for fear of the dangerous consequence  and that judgement shall be for the defendant holt chief justice the question  be whether this be such a variance from the information as to make he not  guilty c it be such a variance first if a libel be set forth in these English  modern report word a variance spoil the whole information second the tenor be  the same as if it have say in haec England word f   sand f if it have be in  Latin it have be good because the matter and substance be describe in the form  in that case but in this case it be distinguish from any other matter and  thing by the description and by the word secundum course sequent there be no  difference betwixt transient action find on wrong and word for word be a  injury suppose the jury have find no title to the libel whereas the attorney  have set it forth and describe it with a title it have be nought a see sir  Edward Walgraves case dyer a a what rule shall the court be guide by it be  true the difference be trifle but where shall we stop if we begin to allow of  any variation in such case note cro Yelv be cite for declaration in word for  more than be find judgement be give for the defendant but a writ of error  intend b see king v beach Cowp king v may dougl king v Peppett term Rep king v  heart case in crown law b