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There was a process advised, wherein the Laird of Enterkin, Dunbar, was pursued for the spoliation from one John Dunbar of Harthill, of certain gold, silver, and other precious jewels, forth of his coffers, and chests, and lockfast. It was found proved by the Lords, that the servants of Enterkin were at the deed doing, and carried forth of the house a chest or coffer. The question was, if that was proved Enterkin's servants, nothing being proved against himself, or to have been there, as is libelled, was sufficient to put him in mala fide, and to give condemnator against him. Some were of the opinion, that condemnator ought to pass against him, because of like practick past before betwixt the Laird of Aiton and the Homes of Prenderguest, (See Appendix). Others were of the contrary opinion, and that the circumstances were different in the practicks, because it was proved, that Aiton's servants and his brother came forth of his place to the doing of the deed, and immediately thereafter returned again; and here it was but proved that they saw but Enterkin's servants within two or three days thereafter return to his place. The Lords, for the most part, after long reasoning, voted, that no condemnator could be given against the Laird, albeit his household and domestic servants were at the doing of the same deed.
