case button against Heyward and his wife to say of a certain person that be  the man who kill my husband be actionable the plaintiff bring a action on the  case against the defendant for slanderous word speak by the wife videlicet  George button the plaintiff be the man who kill my husband her first husband  be dead and a verdict be give for the plaintiff it be move in arrest of  judgement first that these word be not actionable for the uncertainty of the  word kill for it may be justifiable or in his own defence or per misfortune  and shall not be presume felonious and so make actionable by intendment for it  be a maxim that word shall be take in mild sensum more cro James   roll Abr  salk a second the adtunc defunct in the declaration refer to the time of the  declaration not to the time of speak the word hob cro James hob cro James b  three the word in the last count I know the man that kill my husband it be  George button be speak of a pass time perhaps several year ago and so not  actionable roll Abr vent W Jones and the case of will v will Trinity term the  Geo see also Carslake v Mappledoram that charge a person with have have a  contagious distemper be not actionable because it refer to a time pass term  Rep a Wyndham contra modern report er p first the word in themselves import a  voluntary and unlawful kill by necessary inference and in the late report have  always be hold actionable cro Elizabeth cro James lev   lev salk b second  there be no necessity to aver the death of her husband for the word imply it  cro Elizabeth cro car c Pratt chief justice there can be no question but at  this day these word be actionable in former time word be construe in mild  sensum to avoid vexatious action which be then very frequent but now to  separate are time and we ought to expound word accord to their general  signification to prevent scandal which be at present too frequent the word  themselves ascertain the death of the person see peak v Oldham Cowp d and  therefore there can be no necessity for any averment we be to understand word  in the same sense as the hearer understand they but when word stand  indifferent and be equal liable to two distinct interpretation we ought to  construe they in mild sensum but we will never make any exposition against the  plain natural import of the word the word kill signify a voluntary and  unlawful kill and be actionable there be a great many very odd case in the  book powys justice be of the same opinion Eyre justice the word be to be take  in their worst sense for a malicious and felonious kill the word kill of late  year have be hold actionable Eyre justice as to the second question whether  any averment of the husband death be necessary the defendant word have  ascertain the death in the time of king James the first this exception prevail  but never of late side f cro James e in the case of Jacob v mile f adtunc  defunct be hold insufficient because it refer to the time of declaration but  that point have be often overrule in that case it be also resolve that where  the jury give several damage for the word speak at several time and the  judgement be entire for the damage and cost the court may reverse the  judgement quoad the damage give for the word not actionable and affirm it for  the rest and all the cost which resolution have since be deny for law for that  the judgement must be reverse or affirm in toto so the case be of no great  authority in any respect fortescue justice the rule of construction in action  for word be very different from what it former use to be the maxim for expound  word in mild sensum have for a great while be explode near fifty or sixty year  skin fort Mod Gilbert case vin Abr pl pl a whenever word be disreputable they  be actionable it be the rule of holt chief justice to make word actionable  whenever they sound to the disreputation of the person of who they be speak  and this be also hale and Twisdens rule and I think it a very good rule if the  kill be justifiable why do not the defendant justify the speak the word in the  case of baker v pierce salk ld ray Mod b it be hold that word be to be take in  evil parten second a averment be not necessary vent c the court will intend  the party dead unless it appear upon the record that he be alive by the court  judgement for the plaintiff