Bulstrode sir John SYDNAM plaintiff against may defendant enter Termin mich  James b r rot action upon the case for word cro James Ro Rep roll ab roll Abr  hob e c in a action upon the case for scandalous word the defendant deny the  speak of the word and take a traverse absq hoc that he speak the word c the  jury find a special verdict they find the word to be these speak by the  defendant S I think in ill conscience if sir John Sydnam may have his will he  will kill all the true subject of England and the king too and he be a  maintainer of papistry and of rebellious person it be urge for the plaintiff  that these word be actionable e dyer Kemp will be a bankrupt within these two  day actionable h dyer I will abide by it that Russel be and be a false thief  actionable these word in this case as it be urge be word of scandal and  aggravation if he have say so in the affirmative they have be actionable and  here these word de tantamount as if he have express say so Elizabeth between  skite and Morgan a action upon the case for these word S he be a maintainer of  pirate and hold actionable and that it shall be intend in case of piracy sir  Henry lea Pennystones case for these word S sir Henry lea be a maintainer of  thief actionable James b r Beresford Treshams case thou do speak treason rule  that the action well lie for that os demonstrate quod cor ruminate as to the  entire damage give urge that this be good if part of the word be actionable  and part not and the word find the plaintiff to have his judgement for the  defendant it be urge that the word be not actionable pasch Elizabeth fountain  Grimes case thou art a rebel not actionable mich Elizabeth Perpoints case ill  master put I away because I will not be a papist not actionable Trinity  Elizabeth Allen and aetons case coke Q pars he give his champion counsel to  kill I purpose intent and think be not actionable mich Elizabeth royal and  Mirtues case if ill lord have do he right he have be hang not actionable  because conditional word l croak justice the word lie in the declaration be  these S if sir John Sydnam may have his will he will kill all the true subject  of England and the Bulstrode er p king too and he be a maintainer of papistry  and rebellious person the defendant here take a travers without hoc that he  speak the word as they be lie in the declaration the jury de find that he  speak the word in the declaration but they de further add unto they these  precedent word which they likewise find that he do also then speak S I think  in ill conscience if sir John Sydnam may have his will c whether by these word  so add there shall be such a variance between the declaration and the verdict  so that the plaintiff can have his judgement this be a great question in this  case if there be no such material variance then the plaintiff to have his  judgement think be free till they be cloth with word and then they be not free  sermon be animi index the tongue be the organon of the heart to invent be  contra chin ire I think in ill conscience this be idem per idem this be but a  Bulstrode asseveration which amount unto a affirmation I think in ill  conscience this be all one as if he have say so in facto here the omit of  these word in the declaration S I think in ill conscience be no material  variance be but circumstance and this add of these word by the jury do not  detract any thing from the declaration and so the word as they be lie be  actionable and the declaration good the variance between the word lie in the  declaration and the word find by the jury be not material and so judgement  ought to be give for the plaintiff dodderidge justice in this case we be to  consider these particular l these word as they be lie in the declaration the  word as they be find by the jury in the special verdict touch the conclusion  of the verdict l the word as they be lie in the declaration S if sir John  Sydnam may have his will to extenuate these word if he may have his will the  will of man be uncertain and none know the will of man the other word he will  kill the king matter upon a future act as to say such a man be a merchant will  be a bankrupt within two day these word be scandalous because they take away  from he his credit as well for the future time as for the present these word  thus speak draw man from deal with he if one say that I S will rob I b within  such a time for if he say that he make preparation for to de it these word be  scandalous because to hold forth opportunity fall although no one rvinam the  law do not only maintain and preserve the life and possession of a man but  also his good name here the word be will de such a thing be word de going to  be a thing that none know all moral virtue and vice be in the will of man and  from the will they come into the intention and so by this a thing be make good  or ill Bracton out of a wicked will no good proceed and so the word as they be  lie in the declaration be scandalous as to the verdict and herein it be to be  consider whether by this verdict the first word be qualify by the add of more  word or whether by this there be any diminution of the word if any diminution  be yet if he do speak word as import scandal there the court shall judge upon  they as to the word add by the verdict if these word so add de diminish and  extenuate the matter this may alter the case but when the word so add de  diminish nothing at all but rather aggravate the matter as think and then  speech afterward and all this do arise out of a ill think and that with these  degree S private second public and three with denunciation here the word add  in this verdict de not diminish but increase the scandal proceed out of a  wicked conscience nun can judge of the conscience of another until he declare  this by word utter by he he ought to rule his tongue this do not suit with his  conscience he ought not to speak ill of any man the refer of this to his  conscience do not at all diminish but very much aggravate the matter the word  themselves proceed from a ill fountain and from a ill root as to the  conclusion of the verdict the jury de refer the matter they find he culpable  of the word in the declaration this be true these they de find and other word  also to be speak by he but not lie in the declaration this variance make no  alteration in the case the word speak and find be scandalous and actionable  for which the plaintiff have just cause of action and so judgement ought to be  give for he Haughton justice that in this case judgement ought to be give for  the Bulstrode er p defendant but in this case I will neither excuse nor yet  justify the defendant the word be scandalous as they be lie in the declaration  although they be in the future time and for the plaintiff these word in the  declaration be sufficient for the maintenance of his action the incertainty of  the will do not alter nor diminish the matter the word be in the future time  the case cite at the Bulstrode bar of e dyer fol will kempe will be a bankrupt  within these two day adj actionable this case move I to be of this opinion for  this be a discredit to he and all will think so of he and so here if he have  his will none know whether he will have do this or not here it be to be  presume that he know something that he have a wicked will and therefore in  this I de agree with the rest for the plaintiff and this upon the reason give  in Hext and yeoman case coke Q pars fol b for ill ground in Allerton Hext seek  ill life and if I can find John silver I de not doubt but within two day to  arrest Hext for suspicion of felony for the late word adjudge that the action  well do lie because that for suspicion of felony he shall be imprison and his  life draw into question but here the matter which move I to doubt and to be of  opinion against the plaintiff be upon the word in the declaration which be not  find by this verdict for this be a action upon the case for word speak the  jury here have not find these word which be lie in the declaration the word be  lie in the declaration in the affirmative S if he may have his will absolute  these word to be prove by the verdict and damage to be give in respect that he  have direct say so and the jury have find in this manner S that he say I think  in ill conscience that if c and so this be not in the affirmative as the same  be lie in the declaration and I be of this opinion not because these word be  as a excuse or by way of extenuation of the former word for they be not so but  because the jury have not find the word affirmative as they be here lie in the  declaration and for this cause only I be against the plaintiff for the word as  in the declaration lie to be speak by he affirmative in the verdict they be  find to be speak in another form S that he say I think in ill conscience that  if c and so the word as they be here lie in the declaration be not find by  this verdict and therefore the plaintiff here can have his judgement if a  action upon the case be bring for word some of which word be actionable and  some other not judgement shall yet be give for the plaintiff and damage in  such a case give general shall be take and intend to be give for those word  only which be actionable and not for the other I hold that for the first word  here if find as they be lie in the declaration a action well lie for they and  the plaintiff to have his judgement but not so as they be here find by this  verdict and therefore as this case be and upon this verdict thus find  judgement ought to be give for the defendant croak because the jury have find  the word themselves which be lie to be speak and more by way of addition this  shall not take away the plaintiff action for these additional word de nothing  at all diminish or lessen the other and so the plaintiff to have his judgement  dodderidge if the word be such that such a one be a bankrupt the jury de find  that he say that he will be a bankrupt here the plaintiff shall not have  judgement because the jury do not find the word in the declaration one be in  the present time lie the other the find of the jury in the future time and yet  both be actionable but when the same word without any alteration be find by  the jury but yet with a addition of some other word which de not diminish if  they do diminish then the plaintiff not to have his judgement here the word  add and find by the jury de not withdraw from but add by way of aggravation  they add a ill think to a corrupt tongue these additional word de not diminish  any thing from the former word lie in the declaration the jury only find  further that he speak these word as he think in his conscience so that here be  no diminution from the former word but the jury de find all the word in the  declaration and more in the case before remember the plaintiff can not have  his judgement because the declaration be in the present time but when the same  word in the declaration without any alteration Bulstrode be find which de make  no diminution but de only add ill think to ill word therefore the plaintiff to  have his judgement Bulstrode er p Haughton if a thief be at the bar to be  arraign and a witness come in and say of he I think in ill conscience that he  steal the horse for which he be question this be no affirmation that he do so  dodderidge when the life of a man be in question and one witness say I think  he do the fact in this I de agree that this make nothing against he but hunger  fides oculus be tender thing and not to be compare to the witness of one upon  the life of a man the fame and credit of a man be more tender and word which  will bear action will not take away the life of a man we de all of we agree  that the word in the declaration be well actionable but we de differ only upon  this which be find in this verdict by way of addition curian we will confer  more of this among our self and if we can be all of one mind the plaintiff  then shall have his judgement but the best way be to have the defendant to  agree and to submit himself to sir John Sydnam the plaintiff and so for the  better effect hereof the court advice the defendant so to do this case be  adjourn upon curian advisare vult to a further time afterward this case be  move again for the judgement of the court there be no end make between the  party Haughton it have be agree that if the word lie in the declaration and  the word find by the jury be differ that then this be not good dodderidge it  have be agree that the word lie in the declaration here will well bear a  action and it have be also agree that if the word find in the verdict have all  be in the declaration that then it will be for the plaintiff it be now to be  consider whether these word find in the verdict more than be in the  declaration have alter the sense of the slander as to this I think clear it  have not for here by these word add in the verdict to be also speak by he he  show that his think be as ill as his word speak croak take these word any way  as you will either single or divide and the word will well bear a action  dodderidge if the word in the verdict which be add be such S I be full resolve  that if c will this make any alteration it will not clear Montague chief  justice agree with they herein all be here find by the verdict which he do  speak to some degree greater number than be lie by the plaintiff in his  declaration but this which be find more do aggravate and nothing at all alter  the matter and therefore by the rule of the court judgement be give for the  plaintiff