A Judge, purged upon oath of partial counsel, may not be declined.
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Gif the partie alledgeand, that the Judge is suspect and has gevin partial counsal aganis him, and the Judge at his desire purgis himself theirof, he may not thairefter desire the cause to be advocatit fra him, as Judge suspect and incompetent, because, be the proponing of the said exception of partial counsal, and the Judge's purgation maid thairanent at his desire, he is understuid to have appreivit and admittit him to be Judge, and thairfoir efterwart may not decline his jurisdiction.
Fol. Dic. v. 1. p. 230. Balfour, (Exception.) No 4. p. 343.
