Series 6 > Perth Kirk Session books, 1577-1590

238
THE PERTH KIRK SESSION BOOKS: 1582
Referris the action intendit be Oliver Peblis agains the said Henrie till
Monnday nixt.
Decimo Septembris
Presentes minister, Andro Donaldson, David Maky, Jhon Wenton, Duncan
Makgregor, Jhon Smyth, Adam Anderson, Andro Malcum.
Absentes William Anderson, vi s, Jhon Murray, Duncan Robertson, David
Forbes, Andro Moncreif
Compeiris Jhon Bog and Elspet Ronaldson and desyris ther bannis to be
proclamit, denying in the meane tyme that their bannis giffm proceidit of
ony carnal deal betuix them, nottheless for performance of ther mariage,
cation for him is Jhon Bog eldar, for hir Alexander Monipenny. Terme
Hallowmes. (Mariit)
Quhilk day compeiris Jhon Mathison chapman being callit and confesses
that he hes interteniit ane woman in his house namit Agnes Bowar and is
willing to performe the bannis giffm up betuix them befoir our assemblie.
Quhairfoir in respect of their cohabitation befoir mariage, he is ordenit to
pay xl s, to mak his repentance, and to marie on Sonnday cum aucht dayis.
(Jhon Mathie/ xl s/ Mariit)
Quhilk day the minister and eldaris being resolvit of the twa oppositionnis
Henrie Adamson opponit agains sum of Oliver Peblis witnesses, concluddis
with ane voice that famous women aucht to bear witnes in ony mater that
cumis befoir them and ther testimonie reseavit sa far as the law permittis.
Secundly, that theis quhome the partie defendar hes onder labouris may be
receavit provyding that the laboris haif beine tane of sik personis as ar callit
to be witnesses efter the action be intendit, quhairin they are callit to be
witnes. (of witnesses)116
Quhilk day compeiris Henrie Adamson and under protestation as of befoir
not admitting the minister nor eldaris judgis competent and admittis the
witnesses efter specifiit.117
116 On women’s testimony, see Introduction, ‘Procedures’. ‘Labouris’, or ‘lawborrows’ refers
to a legal surety or guarantee required from one person that he will not injure another.
For their testimony to be accepted, the wimesses could not already have been under this
obligation to Adamson when the event occurred.
117 Presumably because of his status as a former elder, he rejects the jurisdiction of the session
and will have his case referred to the higher court of presbytery.