Scottish Court of Session Decisions

Subject_1 WITNESS.

P Gibsone
v.
S Thomas Wauch.

Date: 16 February 1541
Case No. No. 4.

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Thir persounis under-written may be repellit fra passing upon ony assise, and alswa fra beiring of ony testimonie or witness. In the first, the father of the partie quha sould produce the witnessis, his sone, his cousing, his brother, or ony of his consanguinitie, affinitie, or allya, within the feird degre inclusive, Leg. Burg. C. 143. Bot it is to wit, that witnessis beand sib or attingent to the persewar and defendar, in the like degre defendand of consanguinitie or affinitie, aucht and sould nevertheles be repellit fra beiring witnessing; because of the law of this realme, paritas gradus, seu par affectionis causa, non tollit suspicionem.

Balfour, p. 377.