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William Dick and Gray having made a bargain with the Earl Marischall, to pay him a certain duty for a five years rent, of a part of his rent, promised to make Robert Keith portioner of the eighth part of the block. He pursues them upon that promise, and refers the same to their oath, They allege this bargain with the Earl was by writ; and if he had been admitted portioner, he behoved to be bound by writ; so long as the writ is unsubscribed locus est pænitentiæ.—The Lords found the promise might be proved by their oaths.
