Notwithstanding the rule that unicunque licet favori pro se introducto renunciare, yet a spoliation being proved, the Lords refused to allow the quantities to be proved by witnesses, but ordained the party to give his oath in litem.
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Alexander Home of North Berwick pursued the Laird of Bass for the spoliation of certain teind sheaves. The libel being admitted to probation, and the spuilzie being proved, the said Alexander desired, that notwithstanding, conform to the law and practice, he might have the quantity to pass oath and conscience, yet because he was not resolved to give his oath thereupon of the thing that was uncertain to him, he desired to have the quantity proved by witnesses. It was alleged upon the other part, That he ought not to have the same to be proved by witnesses, but behoved of necessity to give his oath thereupon, et fuit juramentum necessarium conform quotidiano ordini, and practice used in all such actions. To which was answered, That it was juramentum in litem et introductum fuit in favorem partis et spoliati ut in L. 9. Cod. Unde vi; et Unicunque licet juri pro se et in ejus favorem introducto renunciare. The Lords pronounced by interlocutor, and would not receive probation by witnesses, but ordained the party to give his oath.
