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In an action betwixt the L. of Bonnington and Malcolm Crawfurd, the Lords found, that albeit one of the witnesses who were produced by the L. Bonnington, was within degrees of blood, which of law repelled witnesses if the descent had been from a lawful conjunction, yet that the witness might be admitted, likeas he was admitted to bear witnessing, seeing the reckoning was from a bastard, who of the law is reputed to be procreated ab incerto patre, and so not to make consanguinity; and therefore the same was found no cause to repel the witness; albeit it was alleged, that he being of a bastard took not away the ground and reason of affection. Nam Bartol. dicit eos non posse recipi ob affectionem naturalem.
Yet this hath been usually done.
Act. Cunningham.Alt. Belsches.Clerk, Gibson.
Durie, p. 143.
