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In an action against Magistrates for refusing to obey a charge given them to apprehend a rebel, the Lords assoilzied, because there was no execution of the charge given by the messenger, though there was produced in process a notorial instrument, bearing the fact, and also the letters of caption, with a note under the messenger's hand, bearing that the charge was given as narrated in the instrument; and the pursuer offered further to adminiculate all by the instrumentary witnesses.
