I
say, my Lords, 'am for refusing the petition, I say--
"LORD WOODHOUSELEE.--There is a case abridged in the third
volume of the _Dictionary of Decisions_, Chalmers _v._
Douglas, in which it was found that _veritas convicii
excusat_, which may be rendered not literally, but in a free
and spirited manner, according to the most approved
principles of translation, 'the truth of calumny affords a
relevant defence.' If, therefore, it be the law of Scotland
(which I am clearly of opinion it is) that the truth of the
calumny affords a relevant defence, and if it be likewise
true that the Diamond Beetle is really an Egyptian Louse, I
am inclined to conclude (though certainly the case is
attended with difficulty) that the defender ought to be
assoilzied.--_Refuse_.
"LORD JUSTICE-CLERK (RAE).--I am very well acquainted with
the defender in this action, and have respect for him, and
esteem him likewise. I know him to be a skilful and expert
surgeon, and also a good man; and I would do a great deal to
serve him or to be of use to him, if I had it in my power to
do so. But I think on this occasion he has spoken rashly, and
I fear foolishly and improperly. I hope he had no bad
intention--I am sure he had not. But the petitioner (for whom
I have likewise a great respect, because I knew his father,
who was a very respectable baker in Edinburgh, and supplied
my family with bread, and very good bread it was, and for
which his accounts were regularly discharged), it seems, has
a Clock or a Beetle, I think it is called a Diamond Beetle,
which he is very fond of, and has a fancy for, and the
defender has compared it to a Louse, or a Bug, or a Flea, or
a worse thing of that kind, with a view to render it
despicable or ridiculous, and the petitioner so likewise, as
the proprietor or owner thereof.
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