Barnardiston king b harnan and Delaney what shall be say to be a libel Mr  fazakerly and Mr strange come to show cause upon a rule that have be obtain  for arrest judgement in a action upon the case for a libel the action be find  upon a advertisement in a newspaper the first exception that have be take be  that the advertisement be no libel the other admit it be that the libel be not  set forth in the declaration with sufficient certainty the declaration set  forth that the plaintiff have acquire a considerable skill in make shortguns  that he have make one of two foot six inch in barrel for the prince of Wales  and that it be so much approve of that he obtain a patent to be his highness  gunsmith upon this the plaintiff far lie in his declaration that on the that  of December last a advertisement be put out of his have have this honour and  thereby it be declare to the world that his gun of two foot six inch in barrel  will carry far than any other person gun of a foot long in barrel upon which  it be charge that on the that of January after the defendant put out a  advertisement inter alian to this purpose whereas there be a account late in  the craftsman of Mr Harmans make gun of two foot six inch in barrel this be to  advice all gentleman to be cautious the say gunsmith not dare to engage with  any other artist in town nor ever do he make any experiment but out of a  leathergun as gentleman may be inform at the CrossGuns in Longacre the  declaration set forth that this place be the defendant place of habitation and  that by reason of these word the plaintiff have lose several customer the  counsel for the plaintiff to the first objection insist that nothing will be  incumbent upon they to show but only that the word be a general reflection  upon the plaintiff in his skill and trade and not bare a answer to the  plaintiff advertisement of his superiority in skill they take notice that the  charge upon the plaintiff in not dare to engage with any other artist in town  be not confine to his not dare to engage with any other artist in make these  particular sort of gun but extend general to his not dare to engage with any  artist in town in make gun at all but beside the counsel take notice that the  special damage which the plaintiff have lie will give he a cause of action  though the advertisement itself shall not be think libellous then as to the  uncertainty of lie the charge they say this constant form be use in  information the most criminal and of the most treasonable nature and therefore  without question it will be good in a declaration of this sort Mr reeves and  Mr Edward Bootle argue on the other side and insist that those general word  ought in all proper construction to be confine to the sense of the particular  word go before and to the sense of the particular word follow after and as to  the matter of damage they say the loss of customer be only a necessary  Barnardiston king b consequence from the advertisement and therefore can not  be consider as special and particular damage to this purpose Mr Bootle apply a  case out of Lutw then as to the uncertainty of lie the libel Mr Bootle say  that it be true indeed this method of set forth the import of they be  Allowable where the word be such as they be not capable of receive a innocent  construction from any other expression attend they but where the word be in  themselves doubtful he submit it the set out the whole in haec word be  necessary and to this purpose he cite a case in Carthew as he say in point the  chief justice and judge probin be of opinion that the single question upon  which the first point turn be whether the import of this advertisement be a  reflection upon the plaintiff want of skill in general or whether it be a  answer only to the former advertisement in the one case the intent of the  advertisement must be to show he be not equal to any in the trade in the other  to show he be not superior to every one however judge page doubt whether as  this declaration be lie and as there have be a general verdict for the  plaintiff the plaintiff ought not to recover though the answer to the first  advertisement shall be think particular he say the first be not lie to be  publish by the plaintiff and it do not appear but it may have be publish even  by the defendant himself and he say this will certain be a thing of dangerous  consequence if once it shall be advance for law that a man may publish a  advertisement in compliment to another and then present after write another  advertisement in answer to it however the court in general agree that it  Barnardiston king b er p will be proper to consider what be the sense of this  advertisement a little long and therefore order a copy of the word to be make  out and bring to they at their chamber to the second observation the court  agree that no special damage be lie that the damage whatever it be be a common  and ordinary effect from the paper and that though it have not be special lie  it may have be give in evidence but judge page say if the declaration have be  lie that by this mean the plaintiff have lose the custom of I S in particular  that will have be a special damage clear to the other point none of the judge  deliver their opinion so a rule be make for stay the judgement till these  question shall be far speak to vide post