"their trees rootd up, and their own bodies committed to "prison. But it is now the better opinion, that the Villan"ous Judgment is, by long disuse, become obsolete; it not "having been pronounced for some ages: But instead there"of the delinquents are usually sentenced to imprisonment, 4 fire, and pillory."

On this subject Doctors may differ, Sir William.

Sir William Blackstone's

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"A third way of destroying or inComment. Book III. chap. &. juring a man's reputation is by pre"ferring malicious indictments or prosecutions against him "which, under the mark of public spirit, are sometimes made "the engines of private spite and enmity. Again; For it is "not the danger of the plaintiff, but the scandal, vexation, "and expences upon which this action is founded.”

Bankton, Book I. "The next interest is one's fame and repu tit. x. sect. iii. "tation, which is hurt by injury, specially se "termed; for in the general acceptation, every offence is an "injury. In this peculiar sense, it is: an offence malicious 66 ly committed, to the reproach and grievance of another, "whereby his fame, dignity or reputation is hurt; Tit. Inst. "de Inju. Again; by the Civil Law, the party injured was "allowed to estimate the damage done to him by his oath "in litem, reserving to the Judge to tax it, if he saw cause, "The estimation was to have reference to the time the injury

1

was committed, and regulated according to the dignity or "character of the person injured, in which respect, there was even a difference among Slaves, according to their "higher or lower station: It would seem reasonable, an oath

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in litem should as much be admitted in wrongs done to "one's person and reputation, as in case of carrying off or destroying his goods. But commonly with us the estima

tion is at the arbitrement of the Judges, without taking the parties oath in litem. Again; injuries are increased or di"minished from the circumstances: It is aggravated from "the instrument made use of, from the character of the 66 person injured, as a Father, Magistrate, Minister, or Peer, " or other person in high dignity. Again; Words tending "to scandalize a Magistrate, or person in Public Trust, are "reputed more highly injurious, than when spoken of a pri

These two first dignities have long been conferred on me, and I without vanity must say, I have fulfilled the duties incumbent on me in both capacities, without disparagement to myself or family. What I have said, and what I may say of these Gentlemen Doctors, was, is, and will be, in defence of my character, by them so grossly and maliciously calumniated. The justice I owe myself, my family, and the public, demands of me that I should repel their most malicious attack on my character, though by so doing I should exhibit their characters in the true point of view. In what I have published, and in what I mean to publish of them, I will not only swear that I believe the facts advanced by me to be Just AND TRUE, but morever, I shall bring complete evidence of every assertion I have advanced, or may advance. That I run no risk of any prosecution on account of injuring their charcters, (of which my friends were apprehensive,) I refer them to the following authorities:

Blackstone, Book IV. chap. xi.
Sect. 13. note C at end.

"It is not a libel to publish a "correct Copy of Reports, or pro

"Resolutions of the two Houses of Parliament, or a True "Account of the Proceedings of a Court of Justice; for "though (as Mr Justice Laurence has well observed) the publication of such proceedings may be to the disadvan

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tage of the particular individual concerned, yet it is of vast importance to the public, that the Proceedings of Courts "of Justice should be universally known; THE GENERAL ADVANTAGE TO THE COUNTRY, in having these proceedings made public, more than counterbalances the Inconve"niences to the private persons, whose conduct may be the subject of such proceedings; R. versus Wright. 8. T. R. 293.-Again, It is not actionable to say of a person he is forsworn, or that he has taken a False Oath; "for upon many occasions, a person may be guilty of false 66 swearing, without being subject to any Temporal Punishment, "6. T. R. 691.Again; Neither are words spoken in a "friendly manner, as by way of Advice, Admonition, or "Concern, without any tincture or circumstance of ill will, "for in both these cases, they are not maliciously spoken, "which is part of the definition of slander."

Such advice as I lately bestowed on my respectable Alma Mater, and her Sons.

Bankton, Book I. tit. x.

"Truth of the thing objected will excuse, if it concerned the good of the

"Commonwealth to have the crime known."

And I insist all my assertions are both true, and that it concerns both my Alma Mater and the Commonwealth, that the worthy pursuers' conduct, (I may say crimes, committed against me) should be known. This is so consonant to right reason, that H

it must be the Law in every country blessed with Laws. I much admire a custom among the poor heathen Egyptian Jews of Alexandria, recorded in

Camer. Opera.

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"Upon certain stated and appointed days,

some particular persons were carried about in a Chariot, to whom it was given in charge, that they should pass "throughout the whole city, and making a stand at whose "door they pleased, they should there sing aloud the faults "that the persons of the house were guilty of; that they "might not causelessly reproach any, but publish the very "truth; to which purpose they were studiously beforehand "to enquire into the manner of life of each citizen. The "end of this Custom was, that men might be moved to reform, by the consideration of that shame which was publicly 66 provided for a dishonest life."

After I came out of Court, the 26th of June, in the street I met the Sheriff-Depute, I asked him to wish me joy of having gained a victory over my enemies. Instead of doing so, he informed me the pursuers had taken their oath, and added, he wished I had attended. On which I observed to him, whatever respect I might have been disposed to pay his Lordship, I was resolved to pay them not the smallest; and the receiving their oaths out of Court would have been paying them a compliment they little deserved at my hand: That I was confident it was only in open Court they could take said oath, unless they obtained my consent to take it elsewhere.

As I was resolved not to pay the least attention to their performance in Sheriff Clerk's office, I asked his Lordship no particulars of their pretended solemn emission, as they are pleased to stile it, but added, I cared not a farthing for their pretended oath. Accordingly next day, the 27th June, I got inserted in the Aberdeen Chronicle, the following Advertisement.

Mr LESLIE of Powis has the pleasure to inform his Friends, that he has completely triumphed over the worthy pursuers, Gerard, Ogilvie, and Shand, in their Calumnious Action, as they failed to appear in. Court the 26th curt. the day appointed by the Sheriff-Depute for them to swear to the Truth and Justice of their plea.

Mr LESLIE Congratulates himself upon the benefit which must accrue to his Majesty's lieges, from his bringing into notice this wise provision of our Law, as it may be the means of preventing numberless litigious, unjust prosecutions.

Aberdeen, 27th June.

I sent a copy of the above, signed by me, to the Publisher of the Aberdeen Journal, to be by him inserted on the Wednesday following. I own I was surprised, when he informed me he was inhibited by the Sheriff-Depute, which I suspect is Ultra Vires; but this was not enough, his Lordship sent the same Inhibition to the Publishers of the Chronicle, where I had desired my Advertisement to be re-inserted;