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On a petition given in by Mr James Graham, minister at Dunfermline, against Thomas Logie, merchant in Edinburgh, the Lords inclined to think a party was not obliged to give his oath of calumny on an allegeance, where he had fully proven it by writ or witnesses; for such oaths are only to supply the defect of probation; but an oath of verity may be sought at any time; and Stair seems to be of this opinion, book 4. But, at last, the Lords ordained him to give his oath of calumny on the allegeance, in regard the probation was not full.
