case William viscount say and seal against Stephens Trinity term car roll in a  action of scan mag the statute need not be recite at large debate instead of  slander or discord inter magnate et partnership instead of discord hoc kingdom  be not material variances but if the statute be misrecited in a substantial  part it be fatal post lie Jones cro Elizabeth roll Rep palmer bullers n p   b  Inst Inst lie side Mod Mod hawk p c in scan mag if the declaration give the  plaintiff the addition of viscount it be sufficient to show that he be One  great man when the word be speak a viscount be within the statute though a  dignity create since the statute   light in a action scan mag if the speak be  allege to have be to the servant of a earl and of a earl it need not be aver  that he be a earl at the time the word be speak Jones Com dig action of  temptation to sin great man the plaintiff declare by the name of William  viscount say and seal One nobles et great man what royal power England tam pro  lord ring how pro he himself to express grief of the defendant in custodian  mareschalli pro eastern whereas by the statute Richard c confirm by statute  Richard c it be ordain c recite the statute the defendant not regard nor  respect the statute aforesaid on the first day of February in the three year  of car at the parish of bow in the ware of Cheap London have communication  with Alice Gilbert a servant of the say William viscount say and seal of he  the say viscount in the presence and hear of diverse of the king subject then  and there be haec falsehood et scandalosa word de eoden viscount say and seal  dixit el to make public videlicet you Lord dictum comrade innuendo be a  traitor and I will prove he prediction comrade innuendo a traitor the  defendant plead not guilty and it be find against he and damage assess to two  thousand pound Crawley sergeant and Mr calthrop now move in arrest of  judgement first that this statute be misrecited and then be sound his suit for  himself and the king and there be no such statute have fail in proof thereof  they rely upon the case of Lord Cromwell a where a action be bring upon this  statute and misrecited videlicet now for a lie there the plaintiff may not  have judgement and partridge v strange b where a action be find upon the Henry  c of maintenance and the date of the statute be mistake and there the  plaintiff may not have judgement for the court will not intend any other  statute than that whereupon be count and have mistake and be upon that the  court will not adjudge for he and in the present case he recite the statute to  be that none shall report or publish de great man aliquan novan a lie seu  alias res unde discord or aliquan lie England debate inter magnate well inter  magnate et partnership speech royal power to arise to be able whereas the  statute be whereof discord or slander may arise within the say realm so as  there be a misrecital and variance betwixt the croak car word debate for  slander which be a variant word and the word within the say realm vary from  the word inter magnate et partnership what royal power second because it be  not show that he be One great man at the time of the speak of the word as the  precedent be in Lord Cromwell case for it may be that he be create viscount or  baron after the speak of the word and it shall not be intend that he be a  viscount before unless it have be aver that be be then a viscount a   b Plowd  croak car er p but the court resolve in both point for the plaintiff for they  all agree if the misrecital or variance have be in the purview or substantial  part of the Act as misreciting the time of the make as in partridge case or in  the body of the Act as in Lord Cromwell case now pro a lie which be another  word and of another sense and in the body of the Act such variance have be  good cause to stay the judgement but here they conceive there be not any  material variance for the first part of the Act be debate well discord and in  the last part discord well dislander which in the intention of the maker of  the statute be all one also it be in the perclose unde discord c which be but  the consequence of the word or the evil effect ensue thereupon and false word  and lie be principal prohibit in that statute the second variance be of the  same condition not material in substance wherefore for such the court shall  not stay judgement for the second exception all the court hold the declaration  to be good enough for there be sufficient demonstrance in the declaration that  he be a viscount at the time of the speak for he name himself viscount and  recite the statute and that the defendant not regard the statute speak the  word of the say William viscount say and seal and it can be speak against the  say William viscount unless he have be then a viscount and the law do not  intend that he be a viscount of another realm for of they our law do not take  any cognizance it be object that there be not any viscount in king Richard the  second time so that the statute can extend to they but it be answer true it be  there be not then any viscount for in the eighteenth year of king Henry the  six be the first viscount and in the oneandtwenty year of the say king be the  question for their seat in parliament yet the statute be de great man royal  power England and every viscount be a baron which be a addition of honour by  another reason it appear that he be then a viscount for the speak be allege to  be to such a servant of the say William viscount say and seal and she can be  servant to a viscount unless be be then a viscount also the word themselves be  you lord be a traitor which prove that he be a lord at the time of the speak  and when he name himself viscount in so many place to aver afterward that he  be a viscount have be idle and superfluous but where a justice of peace or  other officer bring a action for slanderous word speak of he in his office  croak car or place there of necessity be ought to show that he be then a  justice of peace or such a officer wherein he be slander yet if he show that  which be tantamount it suffice as that he have be a justice of peace for  diverse year or for two year and the speak be allege to be within the year  that be sufficient yet it may be that the commission be renew but it shall not  be intend whereupon judgement be give for the plaintiff a