Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Anent Probation by Witnesses
Date: 16 July 1706
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Some parlies, to whose probation certain points were admitted to be proven prout de jure, petitioned the Lords, that the witnesses by whom they expected to have proven, were either dead or gone out of the country, after they were, by their extracted diligence, cited, or were cast upon legal objections; and, therefore, craved liberty to cite others in their room, who were come to their knowledge since.
Some thought, if there were none yet adduced, or that those led deponed nihil novunt, they might be allowed to cite others, though not in the first diligence,—they deponing they were emergent, and noviter venientes ad notitiam. But the plurality thought this against form, and a bad preparative; which might open a door to suborning and picking out of witnesses: and therefore refused the bill, seeing he may blame himself that did not put in all the witnesses he intended to make use of into his first diligence.
