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William Simpson being convened for a term's house-mail, and the matter being referred to his oath, he confessed he was bound to pay L. 80 for a term's mail, but that he was only owing L. 52 thereof, in respect the pursuer had received in wine from the defender at sundry times L. 10 worth, and likewise had promised to pay him L. 18 for N. for whom he was caution to the defender. The Lords would have no respect to that deduction of the defenders, which they thought should have been proponed by way of exception (it being in effect a compensation) and that he could not swear his own exception.
