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The Laird of Airth having summoned Lord Elphinston to exhibit, and deliver to him a tack of his teinds, set to him by the Earl of Lithgow, and a bond to set longer tacks to him and his heirs, my Lord denying, and witnesses being examined, they proved his having of the tack, but not his having of the bond. It was doubted if the holding of the defender pro confesso, not giving his oath de calumnia, was sufficient probation of his having of the bond; and because he had been summoned personally twice, to two sundry diets, the Lords held him as confessed, and decerned.
