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The Lords, in a cause of one Patrick Dickson of Dudhope against Sir Thomas Veitch, notary-public, and John Dickson for his interest, repelled certain witnesses produced by the said Patrick ratione consanguinitatis in gradu prohibito inter ipsos et testes, licet testes ipsi allegant alteri parti in gradu æque propinquo; and that because that of our practicks, the theories of the legists and canonists, quod par affectionis causa tollit suspicionem has not place; and also in the said cause, the Lords admitted the practick foresaid to prove an instrument, which he desired the said notary to give him, which the notary refused to do, because he alleged that his protocal book was burnt in his chamber in Kelso, when Kelso was first burnt, and that he could not remember perfectly what the instrument contained; therefore the Lords admitted to the said Patrick to prove by witnesses the burning of the said protocal and the tenor of the instrument; and that it was whole, and not vitiated by them that had it, and show the same to that effect, that the notary might be compelled to give furth a new public instrument.
