EUN 
602 e V I 
But m tafices sometimes occur, in which 
persons substantially interested, and even 
parties in a cause, are permitted to be ex- 
amined from the necessity of the case, and 
absolute impossibility ot procuring other evi- 
dence. 
, 1,1 3,1 action on the statute of Winton, 
tne paity robbed is a Witness: and on the 
same principle of necessity it has been hold- 
<m, that persons who become interested in 
l i' common course of business, and who 
a: me can have knowledge ot the tact, may be 
c.iiied as w itnesses to prove it : a^ in the case 
oi a servant who has been paid money, or a 
porter who in the way of his business delivers 
out or receives parcels, though the evidence 
ov nereby he charges another with the money 
or goods, exonerates himself from his liability 
to account to his master for them ; for if this 
interest was to exclude testimony, there 
nev er would he evidence of anv such facts. 
Bui. N. P. 28y. 
^ls no one can be witness for himself, it 
follows ot course husband and wife, whose 
interest the law has united, are incompetent 
to give evidence on behalf of each other, 
or of any person whose interest is the same ; 
and the law, considering the policy of mar- 
riage, also prevents them giving evidence 
against each other : for it would be Irani that 
a wife, who could not be a witness for her 
husband, should be a witness against him ; 
su-h a rule would occasion implacable di- 
visions and quarrels between them. Ip like 
manner, as the law respects the private peace 
of men, it considers the confidential com- 
munications made for the purpose of de- 
fence in a court of justice. By permitting a 
party to intrust his cause in the hands of a 
third person, it establishes a confidence and 
trust between the client and person so em- 
ployed. 
Barristers and attorneys, to whom facts are 
related professionally during a cause, or in 
contemplation of it, are neither obliged nor 
permitted to disclose the facts so divulged 
during the pendency of that cause, nor at any 
future time ; and if a foreigner, in communi- 
cation with his attorney, has recourse to an 
interpi cter, lie is equally bound to secrecy. 
'Where a man has, by putting his name to 
an instrument, given a sanction to it, he has 
been held by some judges to be precluded 
41 r stopped from giving any evidence in a 
court ot justice which may invalidate it ; as 
In the case of a party to a bill of exchange 
or promissory note, who has been said not to 
be ait admissible witness to destroy it on 
-the grounds that it would enable two per- 
sons to combine together, and by holding 
out a false credit to the .world, deceive and 
impose on mankind. On this principle it 
was held, that an indorser could not be a 
witness to prove notes usurious, in air action 
or a bond founded on such notes, though the 
notes themselves had been delivered up, on 
t he execution of the bond. At one time this 
seems to have been understood as a general 
principle applicable to all instruments; but 
in a case where an underwriter of a policy of 
•insurance, was called to prove the instrument 
.void as against another underwriter, and ob- 
jected to on this ground, the court declar- 
ed, that it extended only to negotiable in- 
struments, and he was admitted to give evi- 
dence destructive of the policy. 
lien a witness is not liable to any legal 
objection, he is first, examined bv the coun- 
sel to i the party on \\ hose behalf he comes 
to give evidence, as to his knowledge of the 
tact he is to prove This examination, in 
cases ot any intricacy, is. a duty ot no .-mall 
jmpei tance in the counsel; for us on the one 
oand, the law will not allow him to put what 
aie called leading questions, viz. to form 
tnem in such a way as would instruct the 
witness in the answers he is to give; so on 
the other, he should be careful that he makes 
himself sufficiently understood by the witness, 
who may otherwise omit some material cir- 
cumstance of the case. 
I he party examined must depose those 
facts only ot which he has an immediate 
knowledge and recollection ; he may refresh 
his memory with a copy taken by himself 
horn a day-book ; and it he can then speak 
positively as to his recollection, it is sufficient ; 
but if lie has no recollection further than 
finding the entry in his book, the book itself 
must lie produced. Where the defendant 
nad signed acknowledgments of having re- 
ceived money , in a day-book of the plaintiff, 
and the plaintiff’s clerk afterwards read over 
tlie items to him, and he acknowledged them 
all light, it was held, that the witness might 
reire.di his memory by referring to the books, 
although there was no stop to the items on 
winch the receipt was written, for this was 
only proving a verbal acknowledgment, and 
.not a written receipt. 
Lord Ellenborough, upon the authority 
ot lord chief justice 'Bully, has recently 
laid down a very important doctrine, viz. 
that no witness shall be bound to answer any 
question which tends to degrade himself, or 
to shew him to be infamous. 
EULOGY, in church history, a name by 
which the Greeks call the panis benedictus, 
°i bread over which a blessing is pronounced, 
and which is distributed to those who arc un- 
qualified to communicate. 'The name eu- 
logise -was antiently given to the consecrated 
pieces of bread, which the bishops and priests 
sent to each other, for the keeping up a 
friendly correspondence : those presents like- 
wise which were made out of respect or obli- 
gation, were called eulogise. St. Paulinas 
bishop of Nola, about tlie end of the sixth 
century, having sent five eulogkr, at one 
time, to Romanian, says, « I send you five 
pieces of bread, the ammunition of the war- 
fare of Jesus Christ, under whose standard 
we fight.” 
Eulogy means likewise an encomium on 
any person, on account of some virtue or good 
quality. See Elogy. 
EUAIENIDES, Buries, in antiquity. 
EUNOMIANS, in church history,' Chris- 
tians in the fouith century. They were a 
blanch of Aruins, and took their name from 
Lunomius, bishop of Cyzicus, who was in- 
■sti acted by T.tius in the points which were 
then controverted in the church, after having 
at first followed the profession of arms. Em 
nomius so well answered the designs of his 
master , and declaimed so vehemently against 
the di vinity of the Word, that t he people had 
tetourse to the authority of the prince, and 
lad him banished ; but tlie Arians obtained 
his recalk, and elected him bishop of Cyzicus. 
he manners and doctrines of the Eunomi- 
ans woe the same with those ot the Arians.’ 
EUN 
BA OCATION, in Roman antiquity, a 
solemn invitation preferred by way of prayer, 
to the gods and goddesses of a besieged town* 
to forsake it and come over to the Romans; 
who always took it for granted that their 
prayers were heard, provided they could 
make themselves masters of the place. 
EV O'LUl E, in the higher geometry, a 
curve which, by being gradually opened," de- 
scribes another curve. Such is the curve B 
C !■ (plate Miscel. fig. 85); for if a thread 
E C M be wrapped about, or applied to, tlie 
said -curve, and then unwound again, .the 
point M thereof will describe another curve 
A hi hi, called by Air. Huygens, a curve 
described from evolution. Tlie part of the 
thread, M C, is called the radius of tlie evo- 
iute, or of the oscillatory circle described on 
the centre C with the radius M C. 
Hence, 1. when the point B falls in A, the 
radius of the evohile M C is equal to tlie 
arch B C ; but if not, to A B and the arch 
i> C. 2 . J he radius of the evolute C M is 
perpendicular to the curve A M. 3. Be- 
cause tlie radius M C ot the evolute continu- 
ally touches it, it is evident from its generation, 
that it may be described through innumerable 
points, if the tangents in the parts of the evo- 
lute are produced until they become equal to 
their corresponding arches." 4. The evolute 
of the common parabola is a parabola of the 
second kind, whose parameter is 2-2 of the 
common one. 5. The evolute o^u evdoid 
is another cycloid equal and similar to ft. 6. 
Ail the arches of evolute curves are recti- 
liable, it the radii of the evolute can be ex- 
pressed geometrically. Those who desire 
a more particular account of these curves 
may refer to sir Isaac Newton’s and Mac- 
Laurin’s Fluxions, also Rowe’s, Simpson’s, 
and V nice s fluxions. 
L\ QLU J ION. See Algebra. 
, olution, in the art ot war, the motion 
made by a body of troops, when 1 hev a>- e 
obliged to change their form and disposition, 
in order to preserve a post, or occupy an- 
other, to attack an enemy with more advan- 
tage, or to be in a condition of defending 
themselves the better. See Tactics. 
EYOLVU BUS, a genus of the tetra- 
gyma order, m tlie pentandria class of plants ; 
and m tlie natural method ranking under the 
29th order, cam panaceas. The calyx is pen- 
tap.iy lions ; the corolla quinquefid "and verti- 
ci lated; the capsule trilocular; the seeds 
solitary. There are seven species, her- 
baceous plants, chiefly annuals of the East 
and West Inuies. 
EUNONA MUS, the spindle-tree ; a ge- 
nus of the monogynia order, in the pentan- 
una class ot plants, and in tlie natural method 
ranking under the 43d order, dunios*. The 
cou, 11a is pentapetalous; the capsule penta- 
gonal, quinqueiocular, quinquevalved, and 
coloured ; the seeds hooded. '1 here are eight 
species^ Ot these the most remarkable are ; 
1. the Vuiopaeus, has an upright woody stem 
ten or fifteen feet high, with oblong "oppo- 
site leaves: from the sides of the branches - 
proceed small bunches of greenish quadrifid 
flowers, succeeded, by pentagonous capsules, 
disc losing their red seeds in a beautiful man- 
ner in autumn. 2. r I he Americanus, or eveiV 
green spindle tree, has a shrubby stem, di- 
viding into many opposite branches, rising 
six or eight feet high, with spear-shaped ever? - 
