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The Lords found, after Niddry had led witnesses, and seen what they had deponed, he could not now crave others he condescended on to be examined, not being in his former diligence; though he offered to depone, that they were noviter venientes ad notitiam, and that it should not stop the advising of the cause; for this might open a great door for bribery, and subornation of new witnesses, where he saw the former had not proved as he expected.
Fol. Dic. v. 2. p. 190. Fountainhall, v. 2. p. 538.
