Probation of a defence against payment of a bond admitted partly by oath and partly by witnesses.
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Aikman having charged upon a bond of borrowed money———suspended, and alleged, That the charge was truly for a prentice-fee, for a boy to a writer, who was obliged to educate him three years, and it is offered to be proved by witnesses that he beat the prentice, and put him away with evil usage, within a year and an half, and so can have no more at most than effeired to that time. The charger answered, That he could not divide the probation, in one single defence, both by oath and witnesses, and that he could not take away writing by witnesses in whole or in part.
The Lords sustained the probation by oath and witnesses, as proponed.
