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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.
