Now, without these it is impossible to judge whether there is
a _convicium_ or not; for, in a case of this kind, which
_sequitur naturam delicti_, we must take them _meliori
sensu_, and presume the _comparatio_ to be _in melioribus
tantum_. And here I beg that parties, and the bar in
general--[interrupted by Lord Hermand: _Your Lordship should
address yourself to the Chair_]--I say, I beg it may be
understood that I do not rest my opinion on the ground that
_veritas convicii excusat_. I am clear that although this
Beetle actually were an Egyptian Louse, it would accord no
relevant defence, provided the calling it so were a
_convicium_; and there my doubt lies.
"With regard to the second point, I am satisfied that the
_Scaraboeus_ or Beetle itself has no _persona standi in
judicio_; and therefore the pursuer cannot insist in the name
of the _Scaraboeus_, or for his behoof. If the action lie at
all, it must be at the instance of the pursuer himself, as
the _verus dominus_ of the _Scaraboeus_, for being
calumniated through the _convicium_ directed primarily
against the animal standing in that relation to him. Now,
abstracting from the qualification of an actual _dominium_,
which is not alleged, I have great doubts whether a mere
_convicium_ is necessarily transmitted from one object to
another, through the relation of a _dominium_ subsisting
between them; and if not necessarily transmissible, we must
see the principle of its actual transmission here; and that
has not yet been pointed out.
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