A party having duly purged himself of partial counsel, the Lords refused to allow any other probation of partial counsel.
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In an action of reduction of certain tailzies, intented at the instance of Margaret Stewart, alleging to be nearest of true heir to the umquhile Laird of Rosyth, and the young Laird of Durie, her spouse, for his interest, against Harry Stewart, nearest heir of tailzie of the same lands, Harry Stewart, the Laird of Barnbougal, alleged, and offered to prove, and to remain in ward, in the mean time, That Robert Commendator of Dunfermline, one of the number of the Session, had given partial counsel in the said action. It was answered by my Lord Commendator, That he had of before purged himself of partial counsel, and given his oath. The matter being reasoned among the Lords, if the probation of the pursuer should be received to prove the giving of the partial counsel, the Lords found, by interlocutor, that they would not receive any probation after the declaration and purgation of my Lord's own conscience, et quod satisfiut habere Deum ultorem si aliter factum fuit ab eo quam juratum fuit.
