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There was an action depending betwixt Wallace and ———, which was admitted to probation hinc inde in probanda ætate. The one of the parties desired witnesses to be examined by commission that were senes et valetudinarii. It was alleged against the commission, that these persons could not be witnesses, because they were affines et consanguinei in secundo aut tertio gradu. To this was answered, quod in probanda ætate admittuntur ad dicendum testimonium tam affines quam consanguinei; and also the Lords received the witnesses ex officio. The Lords, nevertheless of the former allegeance, received the winesses.
