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[1610] Mor 16656      

Subject_1 WITNESS.

Leys
v.
Drum

Date: 6 November 1610
Case No. No. 28.

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It is not constantly resolved by the Lords, whether a bastard may be witness for his kinsman or not; because albeit the law makes him not to be of the blood and kindred, yet it being known that he bears a natural affection, as kind and constant sometimes as they who are of the lawful blood, the Lords refused to admit one to prove lands to be severally known, because it was a public thing, which might be proved by many common unsuspect witnesses, et sic non erat penuria testium.

Haddington MS. v. 2. No. 1995.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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