Pursuer Gerard's authority was by me recognized, by my putting him to his oath. This was a grand discovery. I am fully persuaded he has engaged to pay all expences of this most just law suit, which he can do without greatly impoverishing himself, were he permitted to draw on the Mortification Funds for that purpose. His Colleagues, it would appear to me, think it by no means an improper application. According to Pursuer Shand's exaggerated account of the spuilie committed by me on the Mortification Funds, (if the tenants demand a deduction of rent, which they have not as yet done) it amounts to one shilling, one sixpence, and one farthing sterl. The fee simple of all Alexander Shand of Tan-field's property in that neighbourhood, at L. 200 per acre, will not amount to L. 25; Doctor Ogilvie's interest is the preservation of his dyke. A better fence might be rebuilt for less than forty shillings; but it is a gross falsehood, it was ever in the least danger, as any one may see on inspection. Is it therefore conceiveable these Gentlemen would choose to expend much of their own money on such an object? But (says Pursuer Gerard) Courage! The mortification Funds of which I am MASTER, can never miss any sum. This unriddles the mystery at once! No dependence can be put on the Bishop's Hospital Funds, as it is by no means an opulent Foundation; and its interest in this plea, by above exaggerated account, is only three half-pence per annum. I have been

informed the present Trustees have never received a distinct account from the heirs of the late Principal Chalmers, (who by his office was Treasurer of said Foundation) of the funds belonging to it. And I have heard my Lord Dauney was the Principal's Executor; I may be mistaken. It is more than probable Pursuer Gerard has to them come under similar engagements.

But to show in a stronger light, the malicious, calumnious nature of the prosecution, one may observe, it was time enough for the honourable Pursuers to complain when they had suffered a loss by my operations; so far were their tenants from requiring a deduction of rent, I may affirm, they were highly satisfied with what was done; nor do I believe, had the whole Statutory breadth been cleared away, would they have complained, far less would they have required any deduction. The tenants were sensible of the benefit they derived from the operations complained of by the honourable Pursuers, and I presume, know the Law better than their Landlords, as since Stat. Car. II. 1669, cap. 16, the public were entitled to a Highway of 20 feet, exclusive of ditches; and since Stat. 1690, they and their tenants had been in a continued violation of the Law, by ploughing in upon said road (which had never been taken notice of by the public) but which by foresaid Statute is prohibited, under a penalty. These honourable Pursuers, therefore, could only

let to their tenants what belonged to themselves, which a part of a Highway, in my humble opinion, could not to MORTALS. They must have conceived it belonged to their DIVINITY. Their tenants, therefore, could claim no deduction from their rents on said account, as we have a maxim, in Law, Ignorantia non excusat Legem; as much as to say, every body must know the law.

It must therefore resolve into pure malice, of their God upon Car.h.

In answer to the message delivered me, p. 7.

I told his Lordship's Clerk, I was neither anxious to preserve their dignity unimpaired, nor to save their blushes; if I had been so, I should never have demanded of them the foresaid Oath. With like propriety might his Lordship request my attendance in any of the respectable houses at Justice Port, or the Bowl Road, where, occasionally, I have been informed, a few oaths are let off, there to administer the foresaid Solemn Oath. Neither I nor my Procurator were at all disposed there to wait on his Lordship, and his respectable company. We conceived neither of these places proper for his Lordship to hold his Court; nor, in our humble opinion, could he do so legally. As by

Geo. II. Stat. XX. Cap. XLIII. Sec. 29.

It is enacted, inter alia. “ And it shall be lawful for said Sheriff-Deputes, &c. to hold Courts at any time in the year, without any dispensation from the Court of Session, and

"not only to hold Stated Courts at their Head Burghs, but also "Itinerant Courts, at such times and places, within their juris

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dictions, as they shall judge to be expedient, or as they shall "be directed by his MAJESTY, &c. which Sheriff-Deputes "&c. shall give notice a reasonable time before such Itinerant "Courts shall be held, at the several Parish Churches within the ← respective districts where the same are to be held.”

In my humble opinion, (though I may have the misfortune to be of a different one from young Justinian,) it does not appear to me, any Courts can be legally HELD WITHIN THE HEAD BURGH BY THË SHËRIFF, but in the place they have been immemorially beld. I do not deny, by consent of Parties the Courts may be adjourned, (which has misled some of our wise Lawyers); but on this occasion my consent was not obtained. Nor can I conceive the pretended Court beld, in Sheriff-Clerk's Office, in the other end of Castlestreet, can, with propriety, be denominated an ITINERANT COURT, held by his Lordship in a different district, and of which regular notice has been given at the Parish Churches of said district, a reasonable time before said Court was held, as is required by the above statute. It may be in the statute produced to my Lord Duncan, which directs, that now parties may be admitted to conjoin themselves in a criminal prosecution; but in my researches, I have never been so fortunate às discover the foresaid statute.

My Procurator now being convinced the diet of Court was closed, and the form was not atisfied,

craved circumduction against foresaid Pursuers, and thereupon took instruments in the hands of the Clerk of Court. The honourable pursuers, when called in the order of the roll, ought to have been in Court. I conceive high and low, rich and poor, LEARNED and UNLEARNED, are equally responsible to the law. Had they been in Court, they would have seen a poor man put on his great oath, when my Lord Substitute, in a most becoming awful manner, endeavoured to impress on this poor creature, the sin of taking a false oath. Methought I heard the Great Archbishop of Toledo in his prime, address this man.

Exodus, Chap. XX. Wer. XVI.

Thou shalt not bear false witness against thy neighbour; for the LORD will not hold him guiltless who so doeth.

This precept being negative, I shall first consider what is therein forbidden, which in General are, the ways of injuring the credit and reputation of our neighbour, either publicly or privately.

As by bringing a false accusation, or giving a false testimony against any in Courts of Judicature; which is wounding of men's good name within the very letter of the commandment.—This may be done, by charging any person with what they know to be FALSE, as that of Potiphar's Wife, who charged Joseph with incontinence, when she knew to the contrary; such also were the Jews, who falsely accused our blessed Lord, as an enemy to Cæsar, and his apostles, as troublers of the world, and turning it upside down. This crime, however common, is a work of the Devil; and those who practise it, are the the children of that Wicked One. AMEN.