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Rankeilor reported an objection against a woman-witnesses, adduced in the process pursued by Fletcher of Aberlady against Hugh Kennedy of Beltersan, for repayment of 13,000 merks as the price of his wife's liferent in the lands of Aberlady, on this ground, that he dolose induced the curators to the bargain, by concealing his wife's condition, who had then a cancer in her breast, whereof she died in nine or ten months after the transaction: And the Lords having allowed a probation, before answer, as to her condition, the Lady Kilshire was adduced as a witness; and they objecting, that women were inhabile in law, except in some special circumstantiate cases, and are expressly rejected by the statute of King Robert, and there is no penuria testium here, the whole town of Ayr, where she died, seeing her during that ten months ordinarily at kirk and market; answered, This was a latent fraud and concealment of a cancer in her breast, that could not be so well known to any as to women; and lately, in domestic cases, women have been admitted, as between the Duke and Dutchess of Gordon, and between Tolquhoun and Lentush, and in acts before answer, all witnesses use to be received. Some were for taking her cum nota; but the Lords admitted her simply without any exception.
