Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROOF.

Janet Robertson
v.
James Allan, Messenger in Perth

Date: 27 February 1777

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But this day, in a case, also from Perth, Janet Robertson against James Allan, messenger in Perth; Robertson pursued Allan for aliment of a child, of whom, as she alleged, Allan was the father. The Magistrates of Perth, upon advising a proof, found the pursuer entitled to her oath in supplement; but, in an advocation, the Lord Auchinleck pronounced this interlocutor, 29th November 1776,—“Finds, that as there is no evidence brought by the pursuer of the defender's guilt with her, so that the allowing her to give her oath in supplement would be, in a manner, allowing her to prove her libel, and to convict the defender of the crime of adultery, by her own oath; and that, besides, it appears from the proof, that the pursuer did formerly give up the defender's nephew, as father of the child, so that it is clear she is a person who has no regard to truth nor to honesty,—advocates the cause, and sustains the defences, and assoilyies the defender, and decerns.”

And this day, on advising bill and answers, the Lords adhered.

In general, though an oath in supplement has been admitted in cases of fornication, yet it has not hitherto been admitted in cases of adultery.