Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
William Brown v. Thomas Wilson
Date: 12 November 1680
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The Lords refused to take the oath of Mr David Dewar, advocate for Brown, upon this allegeance made by Wilson, That he offered to prove, by his said advocate's oath of calumny, that Brown had referred his libel to Thomas Wilson's oath, and he had deponed negatively thereupon, and so was assoilyied; seeing the oath non constabat ex actis and the clerk's minutes, (which is the only probation in such cases,) he having omitted to write the oath, which was taken at the side-bar. And they found an oath which was not extant in scriptis seu retentis could not be made up by an advocate's oath.
