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Into the term of probation assigned by Alexander Achisone of Gosford, to prove against James Sinclair, there was a witness produced by the said Alexander, called Richardson, that dwelled in Ballencrieff. It was objected against himself by Sinclair, defender, that there was one to whom the defender was third of kin, and so according to the daily use and custom of Scotland, the deadly feud that is once contracted follows the kin and sirname, and the witnesses that were produced could no more depone against the said Sinclair, defender, nor he could depone against the principal slayer of his nephew. The witness being interrogated, and sworn, deponed, That he bore no deadly feud against the defender. Answered to the objection, that in so far as the defender was not at the committing of the slaughter, and participate of the same, and also that the witness' self had deponed that he bore no feud against the defender, that the witness ought to be admitted. The Lords found, that the witness should not be received, and that notwithstanding of the witness' own deposition and declaration that he bore no feud; sicut bona pars Dominorum in contraria fuerunt opinione.
