have the petition of Alexander Cunningham against Lord
Bannatyne's interlocutor. It is a case of defamation and
damages for calling the petitioner's _Diamond Beetle_ an
_Egyptian Louse_. You have the Lord Ordinary's distinct
interlocutor, on pages 29 and 30 of this petition:--'Having
considered the Condescendence of the pursuer, Answers for the
defender,' and so on; 'Finds, in respect that it is not
alleged that the diamonds on the back of the Diamond Beetle
are real diamonds, or anything but shining spots, such as are
found on other Diamond Beetles, which likewise occur, though
in a smaller number, on a great number of other Beetles,
somewhat different from the Beetle libelled, and similar to
which there may be Beetles in Egypt, with shining spots on
their backs, which may be termed Lice there, and may be
different not only from the common Louse, but from the Louse
mentioned by Moses as one of the plagues of Egypt, which is
admitted to be a filthy troublesome Louse, even worse than
the said Louse, which is clearly different from the Louse
libelled. But that the other Louse is the same with, or
similar to, the said Beetle, which is also the same with the
other Beetle; and although different from the said Beetle
libelled, yet, as the said Beetle is similar to the other
Beetle, and the said Louse to the other Louse libelled; and
the other Louse to the other Beetle, which is the same with,
or similar to, the Beetle which somewhat resembles the Beetle
libelled; assoilzies the defender, and finds expenses due.'

"Say away, my Lords.

"LORD MEADOWBANK.--This is a very intricate and puzzling
question, my Lord. I have formed no decided opinion; but at
present I am rather inclined to think the interlocutor is
right, though not upon the _ratio_ assigned in it. It appears
to me that there are two points for consideration. _First_,
whether the words libelled amount to a _convicium_ against
the Beetle; and _Secondly_, admitting the _convicium_,
whether the pursuer is entitled to found upon it in this
action. Now, my Lords, if there be a _convicium_ at all, it
consists in the _comparatio_ or comparison of the
_Scaraboeus_ or Beetle with the Egyptian _Pediculus_ or
_Louse_. My first doubt regards this point, but it is not at
all foun