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Erskine of Pittodry pursues a declarator of thirlage and abstractions against Smith of Inverramsay; and being allowed to prove the quota of the multures and other duties, he cites Anna Elphinston, spouse to the said Smith, as she who, tanquam præposita negotiis mariti, paid the same, and knew the quantity best. She and, her husband, by a bill, reclaimed, 1mo, That it is against the natural tie and reverence to adduce a wife as witness against her husband, the near relation exeeming her therefrom; 2do, A wife, by her oath, can fix nor constitute no debt against her husband, The Lords inclined to think she could not be adduced a witness, if her husband reclaimed.
