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The Lords found it probable by witnesses, that a person in prison was set at liberty at the defender's desire, and upon his promise to re-produce the other in prison at a certain day; though it was contended, That a promise is only probable seripto or juramento, except where it is accessory to a bargain probable by witnesses.
Fol. Dic. v. 2. p. 228. Harcarse, (Probation.) No 804. p. 225.
