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The Lords found that witnesses, which ex officio were ordained to be examined before the Lords, ad informandum animum judicis, might be received and examined, albeit there were lawful objections proponed by the party, which might have repelled them a testimonio, if they had been produced as ordinary witnesses in the cause, to prove against the other party; but the Lords declared that after they were examined, they would consider what their depositions should work in causa, in respect of the just cause to decline them.
Act. Stuart.Alt. Advocatus.Clerk, Scot.
Durie, p. 550.
*** This same was done the same month before, in an action betwixt the Earl of Cassilis and Alexander Barclay, wherein witnesses were ordained to be examined ex officio, at the desire of the Earl of Cassilis, albeit there were lawful objections otherwise to decline them. In which process also a woman was found might be examined ex officio, viz. Alexander Barclay the pursuer's wife.
