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Robert Crichton, Sheriff of Nidsdale, being charged by Andrew Watson to take and apprehend the Laird of Closeburn, suspends, that he was ready to obey, and desired the officer and party to go with him, and show him the rebel; which they refused, and that he, notwithstanding, went immediately after the charge to the house of Closeburn, and searched, but could not find the rebel, where upon all the premises he took instruments. It was replied, that the pursuer offered him to prove by witnesses that he offered to go with the Sheriff; but the Lords repelled this reply in respect of this instrument produced.
In the same suspension it was alleged by Watson, that he offered to prove by witnesses, that since the charge the Sheriff intercommuned with the rebel, in places within the sheriffdom, where he might have apprehended him. The Lords found the allegeance relevant to be proved by witnesses, the pursuer first condescending upon the place and time, when and where he intercommuned with the rebel. It was alleged, that the Sheriff, before he went to search, sent advertisement to the rebel to escape; which was sustained to be proved by witnesses.
