Found in conformity with the above. The present case respected some verbal promises said to be made by an arbiter at signing a decree arbitral.
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The Lairds of Dalgatie and Ury being referred to the judgment of the Laird of Park, for setting of certain marches, as arbiter and amicable compositor, and what sentence that ever he gave, both the parties should bide thereat; in which matter, the Laird of Park gave sentence, and set the marches betwixt their lands debateable; upon which sentence, Dalgatie summoned Ury to hear letters thereupon, or else to allege a cause why. Ury alleged, at the day of compearance, that no letters should be given conform to the said sentence, because at making of the compromit foresaid, the arbiter promised to him that he should not give sentence, nor yet set marches, but by the advice of certain friends, who were labourers of the said compromit; and also, if he took any lands in any part from Ury, he should give him as meikle by taking off Dalgatie's lands from him in another place, and to give to Ury. Dalgatie alleged, That there was a compromit subscribed by the parties, referring and submitting them to the arbiter foresaid, who had decreted in the said matter, and set marches conform thereto betwixt their lands, which was put in writ, authenticly subscribed by the judge foresaid, conform to the said compromit; no promise was contained as was alleged; and therefore no witness contained in the said compromit should be received for proving of the said promise, which might take away the effect of the said compromit and sentence passed thereupon, authenticly put in writ, unless he would prove the said conditions by an authentic writing, and not by witnesses; which allegeance of Dalgatie was found relevant by the Lords, and no witnesses to prove Ury's allegeance.
