This provision in our Law, in the defender's humble opinion, is much to be admired, as it is the means of preventing a poor individual from being oppressed by a powerful neighbour, or by a combination of great men, if they should chance to have any conscience. And the defender sees no hardship it can impose on any honest man, to swear his plea is in toto Just and True.

As the defender conceives a solemn appeal to the ALMIGHTY is a most serious matter, and as these most respectable pursuers may not be equally convinced of the Truth and Justice of all their allegations, so as they may be able, with a safe conscience, to take the foresaid oath; and as the defender is most unwilling to entrap the worthy pursuers into the commission of so heinous a sin, he humbly submits to the wisdom of your Lordship, the propriety of the pursuers swearing separately, to the Truth and Justice of their different allegations; and if they mean to insist on part, or the whole of their libel.*

One of the pursuers' allegations is, the defender is Guilty of Theft. They probably with a safe conscience may swear, they believe the foresaid allegation to be Just and True. They may not think it equally safe to swear they believe it to be True, that

*Stair, B. IV. tit. xliv. sect. 15.

D

the Thorny bush Road is a private road; that they believe it to be true, the area of a public highway is their property, and that their claim to said property is a Just claim; or vice versa.

For these reasons, the defender, with due deference to your Lordship, must insist on the libel, and whole procedure following thereon, being read in Court, in order to refresh the pursuers' memories.

If it will give the pursuers the smallest satisfaction, the defender, without hesitation, will swear he believes his defence to be Just and True. Although the defender, by Law is entitled to demand of the pursuers, an exhibition of their Title deeds, yet in terms of the oath of calumny Ut lis tardetur, (a se) dilatio nulla petetur, he will not insist on their production. The defender must, however, in this stage, Protest, that pursuer Gerard's taking aforesaid oath, shall not bar the defender from insisting on his producing his authority from King's College, for raising HIS calumnious action. Your Lordship might be misled from the name the foresaid pursuer assumes, Procurator for King's College. Procurator signifies Advocate, Attorney, Plenipotentiary. But Procurator for King's College is very different; it is a title conferred on the person who has been in use to collect that part of their revenues which goes to pay their own Salaries.

In that capacity pursuer Gerard could not raise his present action, as the land in contact with foresaid road is the property of the Mortification Funds. The defender, therefore, with submission, conceives the libel, quoad pursuer Gerard, is null and void, as he raised it as Procurator. The aforesaid pursuer is also Master of Mortifications; he ought to have raised his action by that title. But if the pursuer, by his own authority, had done so, he would have greatly exceeded the powers conferred on him. The defender can produce a Factory, granted to his late Father, A. D. 1761, where no such extensive powers are given, as are claimed by pursuer Gerard. And the defender must be allowed to say, his Father was as worthy of trust, without disparagement, as any one who has since held the said office. And the defender is much mistaken, if all the Factories since granted have not run in the same terms.

The aforesaid pursuer, therefore, must have raised his most calumnious action by special authority from the Gentlemen of King's College. This is not the case, as the defender most positively asserts, that the pursuer, when he raised his most equitable action, had no authority from the Gentlemen of the College so to do: and further, the defender has the best reason to affirm, there is as yet no minute in their records authorising, or even countenancing this calumnious plea; and the de

fender thinks it most extraordinary, if said pursuer has since got powers, without the sanction of a meeting. The defender, therefore, with due respect to your Lordship, conceives the action, quoad pursuer Gerard, must fall to the ground.

However, as said pursuer pretends to have such an ascendency over his colleagues, after he has swallowed the oath, he cannot have the smallest difficulty in persuading them to empower him to raise a similar action. Meantime the defender, with confidence, trusts your Lordship will ordain pursuer Gerard to produce his special authority, if he any has, for raising his aforesaid well-founded action. According to Justice,

HUGH LESLIE.

As the worthy Pursuers, and the Honourable She riff Depute of Aberdeenshire, have thought proper to accuse me of Falsehood, by an Advertisement inserted 4th July, in the Aberdeen Chronicle; I beg leave to return their worships the compliment; and for my justification, I request my Friends to turn the leaf.

6th July.