BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Taylor v Lindores. [1709] Mor 16716 (22 February 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor3816716-135.html Cite as:
[1709] Mor 16716
Click here to view a pdf copy of this documet : PDF Copy
There being a competition for a kirk seat betwixt James Taylor writer, claiming it in right of his lands of Pitcairly, and Lord Lindores, as patron, it was objected against one of L. Lindores' witnesses, that he was infamis infamia facti, having confessed adultery before the kirk-session, and satisfied for the same. Answered, Non relevat, unless he had been pursued criminally, and convicted by a legal sentence of the crime, where his confession before the kirk would not be so much as esteemed a probation, if he should deny it. The Lords considered what was done in foro poenitentiali for exonering one's conscience, and purging the scandal, was no ground to deprive him of his civil privileges, as a witness, or otherwise, else that would scare men to confess, and harden them in their sins; and therefore repelled the objection, unless he had been convicted in a civil court.
