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Scottish Court of Session Decisions >>
Tait and His Wife v Forrest and His Cautioner. [1678] Mor 16678 (27 November 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3816678-082.html
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A cautioner for a taverner being pursued for what she was wanting in her account of wine, alleged that her mistress by a back-door had at several times drawn off the wine; which being found relevant, witnesses were adduced, and amongst the rest several women; against whom it was objected, that they were not habile witnesses by law. It was answered, That they were habile in domestic matters, and have been received in things of greatest importance, as bearing of a child, and the liveliness thereof, as being able to weep.
The Lords ordained the mistress to be examined upon oath, in presence of other women witnesses; but if the husband used his privilege in refusing his wife to depone, the Lords would consider the bill, whether they would admit women as witnesses ex officio, or not.
