Bulstrode sir Harbert cross plaintiff against brown Defetndant action upon the  case for word in a action upon the case bring for scandalous word speak by the  defendant of the plaintiff upon non culp plead a verdict be find for the  plaintiff it be move for the defendant in arrest of judgement that the word  speak be not actionable the word be these sir Harbert Crofts keep man to rob I  the truth appear to be that the defendant be rob and that by two of sir  Harbert Crofts man and upon this he speak the word but do not say that he do  keep they to de so a case be cite where sir John Harper be plaintiff against  sir Francis Beaumont in a action upon the case for word which be that sir  Francis Beaumont shall come to the house of sir John Harper and that he and  his servant shall go about to kill he and that he do maintain they but do not  say that he do so to the same intent nor that any thing be do upon motion in  arrest of judgement it be adjudge that these word be not actionable it be urge  by Coventry that these word be actionable and to this purpose diverse case  remember which be put coke Q pars fol b in aeton and Allens case as the lady  Cockeins case be ill lady Cockein offer to give poison to one to kill the  child in her body and the case of Tibbots there remember the court agree this  to be so for there a act be do coke chief justice we will not give more favour  unto action upon the case for word than of necessity we ought to do where the  word be not apparent scandalous these action be now too frequent but they be  not so in former time for from e unto e there be not three action upon the  case for scandalous word here in this case the word be very bare lie S he keep  man to rob I insidiator a way in ancient time by the law will to count over  pro facto e one ill in wait to kill another and upon resistance hurt he but do  not kill he this be felony by the commonlaw and oust of his clergy there it be  once a felony but now the law be otherwise a milk be requisite to be do a  overt act make felony at the commonlaw and this which be treason at this day  with a overt act be felony at the commonlaw but here in this principal case  there be no act do no waylaying no overt act here it be to be intend his keep  of they to be lawful to rob I this be but a intent no act which be not felony  at this day and therefore not actionable and a intent without a act be not  punishable by the law as it be resolve in aeton and Allens case before  remember Bulstrode er p if one say of another you have murder I S who be still  live these word not actionable yet these be very bad word and so it be resolve  Hillar Elizabeth in the c b between snag and gee in a action upon the case for  word be thou have kill ill wife and it appear that his wife be then live and  adjudge not actionable coke Q pars fol a Haughton justice if the word be such  a one do hire a man to rob I these word will be actionable but as the word be  lie to be in this principal I doubt whether they be actionable Bulstrode coke  in the case last put there it be very plain that the word be actionable for  there a act be do by he but not so here in this case curian the reason de  temptation to sin great man be upon another ground for that by reason of the  word speak they bring they hereby in odium the whole court be of of opinion  against the plaintiff that these word be not actionable and so by the rule of  the court judgement be arrest