brook case a action upon the case be bring for word the plaintive set forth in  his declaration that he be a mercer by his trade and do sell ware and  commodity in his shop and do keep diverse book of his trade and debtbook and  that the defendant say unto Mr palmer be the plaintiff fatherinlaw these word  of the plaintiff videlicet Godbolt your soninlaw brook deceive I in a reckon  and he keep in his shop a false debtbook and I will shame he in his call  Nichols justice and Godbolt er p Hobart chief justice be of opinion that the  action will not lie for those word I because the word single of themselves be  not any slander and when word will hear a action it ought to be out of the  force and strength of the word themselves the first word thou have deceive I  in a reckon will hear no action because it be impossible but that tradesman  and merchant which keep debtbook will sometime mistake one figure for another  and so the same do turn to the prejudice and damage of another against the  will of the party himself and so the subsequent word ke kee pelA a fall e  debtbook be not actionable because it may be falsify by the servant of the  party and not by the defendant himself and also it may be false write el  interest reipublicce ut sitfinis a strife and it shall he a cause of many suit  if such a nice construction shall he make of word as to make they actionable  and word shall he take in mild sensum if there he no particular description  and declaration that the word be speak malicious and therefore general word  which of themselves be actionable by construction shall he take to hear no  action as c par Stanhops case and so if a mail say of another that he have the  pox they shall he take in mild sensm because they be not descrihed by any  subsequent word which declare malice in the party and Nichols vouch a case  which be in this court this term where a action be bring for these word thou  use I now as your wife do when she steal my cushion that the word be not  actionable Warburton justice when word be speak which scandal a man in his  trade or profession they be actionable as if one say of a attorney tibou cosen  Mr Windsor f his fee and so if word be speak malicious and therefore a action  be bring by one who be a juryman for these word videlicet Mau have deceive I  and my child of eight hundred pound they be adjudge actionable and so hill  James rot thou art a juryman and have be the death of a hundred man by your  false mean be malicious speak although in themselves they be not actionable  yet they will hear a action but it be adjudge in the principal case for the  reason give by the two other justice that the word will hear no action to  which Warbllrton justice in the end do seem to agree Godbolt hill James in the  common plead