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In a removing pursued by the Lady Edmonston against Thomas Edmonston, to remove from the lands of Edenham, he alleged, That he was rentalled therein, and none could be removed that was rentalled in Edenham, except for common theft and breaking of the border laws; which custom of the barony was admitted by the Lords to be proved by the defender by witnesses; because they thought it probable only that way, it being lex non scripta, and next, the rental was a part of the exception, which was in writ, so that the liferent tack was not proved only by witnesses, which was that which the pursuer objected against the pursuer, viz. that the defender might make up a liferent tack to himself by deposition of witnesses, who will not be admitted to prove above a year's tack.
Fol. Dic. v. 2. p. 232. Spottiswood, (Rental.) p. 290.
