Scottish Court of Session Decisions

Subject_1 WITNESS.

Grant
v.
Ballindalloch

Date: 22 November 1622
Case No. No. 39.

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In the mutual contraventions betwixt Grant of Carron and Grant of Ballindalloch, a witness called Grant being produced, who granted that he was within degrees descendant to the producer, was notwithstanding thereof admitted, because he was a bastard. But the Lords declared, that if he had been of kin by the mother's side, he would have been repelled quia partus sequintur ventrem, and so breeds kindred, et certitudinem sanguinis, licet ex illicito coitu; but upon the father's side, a bastard is reputed sine patre et terræ filius. In that same cause, John Stewart, Baron of Kilmachlie, being of kin to the producer, was repelled, albeit he was nearest of kin to the other party who objected.

Haddington MS. v. 2. No. 2674.