case sir John sydenham against man Michaelmas term James roll if a special  verdict find slanderous word as lie in the declaration but superadd that they  be speak conjectural as I think in my conscience c yet the plaintiff shall  have judgement ante post SC roll Rep SC hob roll ab roll Abr hob cro car vent  Com dig sand Bac Abr term Rep action on the case for these word if sir John  Sydenham 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 rebellious person the  defendant plead that he speak other word without hoc that he speak those the  jury find that he speak these word I think in my conscience if sir John  Sydenham c and find all the other word verbatim and conclude si super totan  means he speak the word form how the plaintiff declare they find for the  plaintiff to his damage of one hundred and sixty mark if otherwise for the  defendant upon this verdict judgement be pray for the plaintiff Montague chief  justice croak and Doderidge hold that this verdict be find for the plaintiff  for when they find that the croak throw defendant speak all those word in the  declaration and these word more I think in my conscience c which be not word  of extenuation nor alteration of the sense of the other word but rather  enforce they for that show that he think it and think it in his conscience  which be a corrupt conscience and the word by themselves as they be in the  declaration will clear maintain a action and the addition of these word will  not detract from they but enforce they and there be no cause to stay the  plaintiff judgement for although he declare of more word than he speak yet he  declare a ante b it be move again in Hilary term and adjudge for the plaintiff  post c see the chancellor speech and sir Henry Montague answer more to croak  James er p true that he speak those word upon the evidence it appear that he  speak those word which be actionable and the word add diminish not nor be a  alteration of the sense of the word whereof he declare wherefore although the  issue be special find yet the plaintiff shall have judgement as in sir John  bridge case dyer Houghton justice doubt thereof because the verdict find other  word in part than the plaintiff declare but he agree that those word which be  add do not extenuate those in the declaration and if he have declare of they  the action clear have lie for all the word together but the verdict find they  to be speak in another manner than he declare although they be not so positive  as they be in the declaration yet they be variant from the word in the  declaration and therefore although it be find the plaintiff ought not to have  judgement but all the other justice be against he wherefore it be adjudge for  the plaintiff note in Michaelmas term James a writ of error be bring upon this  judgement and the matter in law assign for error first that these word be not  actionable second that the word find by the verdict do vary from the  declaration and be special traverse it be find for the defendant and Hobart  chief justice of the common plea winch and Denham be of that opinion that  these word find in the verdict vary from the declaration for although they be  slanderous for which a action well lie if he have declare accord yet they be  not here so positive speak as it be mention in the declaration but Tanfield  chief baron Warberton Bromley and Hutton contra that the word find in the  verdict be the same word in substance as they be in the declaration and that I  speak as I think wherefore the judgement be affirm