Divorce – Proof – Admissibility of Particeps Criminis – Also of a Slave. – In the course of a proof, in an action of divorce against the wife, the party with whom she had adultery was adduced as a witness against her: Held him admissible as a witness. This judgment affirmed in the House of Lords. It was also objected to a slave, that he was incapable of bearing testimony, he not being a Christian, or able to take the usual oath. The Court of Session ordered him to be examined as to his belief or creed. This affirmed on appeal.
[1771] UKHL 3 – Paton – 655
Bailii
Scotland
Scotland
Updated: 13 January 2022; Ref: scu.561680