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A decreet arbitral was reduced, because year and day were expired, between the submission, and it. Then alleged absolvitor because the pursuer invaded him. The Lords found invasion relevant to be proven either by his oath or by witnesses, though the invasion was already judged by the Sheriff and they fined for it.
1679. January 23.—In a riot pursued by one Cruikshank, against James Gordon of Seton, both merchants in Aberdeen, the council found James Gordon the first aggressor, and therefore fined him in 400 merks.
Fol. Dic. v. 2. p. 13. Fountainhall, MS. & v. 1. p. 36.
