29[?] Feb y 1808

Scotch Reform

Letter VI

Omissa & Facienda

II. No Allegat sans Oath

II. 1 [...?] No Allegation without oath

By allegations are here meant declarations, assertions averments, by whatever name called made by a party in the cause /in the suit/: [...?] as will the main[?] statement of his claim (whether in the way of demand or defence) as any testimony which it may happen to him to give /deliver/ in appeal of it.

By oath, I understand whatever solemnity together with the penal consequences attached to its [...?] /[...?]/, is employed for the purpose of securing the veracity of the testimony: a [...?] affirmation consequently, wheresoever that species of solemnity /form of attestation in that form/ is admitted. And where is the occasion[?] from which, without printing a licence to wrong according to the nature of the case it can be excluded?

Giving /To give in any case/ admission to any allegation without oath, is in that case to grant the mendacity-licence above spoken of in the list of the devices employed in lawyercraft (Letter I. p. │ │)