case SHALMER against foster and his wife Trinity term car roll in a action for  these word where be that lie thief your son he have murder my aunt and I will  prove it it must be aver in the declaration that the plaintiff be son of the  person speak to post crio James roll Abr cro Elizabeth roll Rep side Cowp term  Rep action for word for that the wife of the defendant speak of the plaintiff  to whether Rochester the plaintiff mother these word where be that lie thief  your son innuendo the plaintiff he have murder my aunt quandan Dorotheam Stoke  paternal aunt to ward off innuendo and I will prove it croak car the defendant  plead not guilty and find for the plaintiff and move in arrest of judgement  that these word be uncertain of who they be speak no precedent communication  be allege to be of the plaintiff nor that he be the only son of the say  whether Rochester to who the word be speak and it may be that she have diverse  son and every of they may have a action as well as the plaintiff and therefore  without such averment or precedent communication of he that the standerby may  know without ambiguity who be mean by the word the action be not maintainable  Whitlock and myself be of that opinion for non constat de mask and in proof of  that point I cite as a precedent the case of Harvey v chamberlain a and  another case of Benner v Codnam where for such word it be adjudge for the  defendant hide chief justice and Jones justice doubt thereof because it be  allege that she speak of the plaintiff and be find guilty but it be thereto  answer that so be the word in every declaration and so it be in the precedent  cite but because the word be not put in certain nor aid by averment the  declaration be not good and can be aid by the verdict whereupon the court will  advice et adjournatur croak car hilary term car in the king bench sir Nicholas  hide Knt chief justice sir William Jones Knt sir James Whitlock Knt sir George  croak Knt justice sir Robert heath Knt attorney general sir Richard Sheldon  Knt solicitor general