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A witness being under fee, or having a trade, may be sustained, although he have nothing in real effects. But if he have neither fee nor trade to trust to, and being interrogated, If he believes himself to be worth the King's unlaw? shall say that he does not believe it; such a one ought not to be admitted a witness.
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Upon report of the Lord Cullen, an objection against John Mitchell, servant to my Lord Elphingston, his being a witness, that he was not worth the Queen's unlaw, being referred to his oath, and he deponing that he could not tell, because he had some debts, albeit he had effects to the value of £10 Scots; and it being suggested from the Bar, that he had £5 Sterling of fee; the Lords desired the Lord Ordinary to interrogate him, If he had a fee or a trade? for they were of opinion, That if the witness had a fee or a trade, though he had not a sixpence of real effects, he might be sustained; and if he had neither fee nor trade, the Lords desired him to be interrogated, If he believed that he was worth £10.? and if he should say, That he did not believe it, the Lords were clear not to believe it neither, because men. commonly sperant plus esse in bonis; but the objection must be instantly verified.
Forbes, p. 355.
*** See the first part of Fountainhall's report of No. 138. supra.
