Scottish Court of Session Decisions

Subject_1 WITNESS.

Ld Milton
v.
Lady Milton

Date: 31 January 1671
Case No. No. 72.

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In clandestine crimes, such as adultery, infamy is not a relevant objection against a witness, unless it be infamia juris, by doing a deed which the law declares to infer infamy, or where the witness is declared infamous sententia judicis.

The attempt of corrupting a witness, by giving, or promising a good deed, more than suitable to the witness for his charges, is a relevant objection.

It is a relevant objection against a witness, That he was instructed or prompted how to depone, without necessity to allege that the witness undertook to depone accordingly; which is introduced in odium corrumpentis, inferring no blemish upon the witness so prompted who consented not, nor swore falsely.

In clandestine crimes, such as adultery, it is not a relevant objection against a witness, that he is not worth the King's unlaw.

Stair.

This case is No. 217. p. 12105. voce Process.