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Auchentoule, Lord Probationer, reported the case between Laigue, merchant in London, and Mr John Vause, late keeper of Edinburgh tolbooth, for letting Charles Scott of Bonnington escape. The defence was, he did it by allowance of Robert Innes, his factor; which was offered to be proved by the communers present. Answered, A command, mandate, or order, is probable only scripto vel juramento, which the Lords, on his report, found.
Fol. Dic. v. 2. p. 229. Fountainhall, v. 1. p. 506.
