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A man who had got a woman with child, having thereafter at a communing with her friends, promised to pay a sum of money to one of them for her behoof, she being on the other hand to give him a declaration, That he was under no promise of marriage to her; the Lords found, That this was not a naked promise, but of the nature of a bargain, and therefore proveable by witnesses; and it being objected against that friend to whom the money was promised for her behoof, That he being a party could not be admitted, the Lords nevertheless admitted him as a competent habile witness, he being a communer, and so the fittest person to declare the terms.
