BURREY and perrey vide ante sergeant Belfield now move that the rule may be  absolute and cite the case of Philips and fish Trin the word there be he have  steal my hen which be clear actionable special damage find and the plaintiff  have his full cost Mr Hussey on the other side say that there may be some  pretence to allow the plaintiff full cost where the word be not actionable and  the action bring for special damage because that be upon the matter a special  action upon the case and can proper be call a action for word but where the  word be actionable and the damage lie only by way of aggravation he submit it  that that can only be a action for word and consequent fall within the word of  the Act of parliament the question therefore for the consideration of the  court only be whether the present word be actionable or not he say he will  repeat they exact as they be lie in the record he go up to the widow foul and  put on a lock and at night break open the house innuendo burglariter and mrs  foul catch he and his wife and his man go up to the widow foul and send to Mr  Brathwait the ironmonger and three person be there and down upon their knee  because she shall not prosecute he and Mr Brathwait pay six or seven pound to  make it up he submit it that these word be clear actionable and beside the  case cite by he on the former motion of baton and Hayward he Barnardiston king  b er p take it the case of ware and Reynolds Pas Ann be a full proof of it the  word there be how do your husband die the answer be as you may do No say the  defendant of the wound which you give he the chief justice say that in the  case of Philips and fish before cite he well remember that what be now state  as special damage in that case be real a distinct cause of action and lie as a  second count and not by way of aggravation for which reason he do not think  that case come up to the present one on the other side he say he do think that  the burglariter in the innuendo can not make the word actionable if they be  not so without it however the court think this a matter proper to be far  consider of vide post