EVIDENCE. 
their non-attendance. A11 witnesses of all 
religions, who believe in a future state of 
rewards and punishments are received, but 
not persons infamous in law by their crimes, 
nor persons directly interested in the mat- 
ter in issue ; and no counsel or attorney 
shall be compelled to disclose the secrets 
intrusted to him by his client, but he may 
give evidence of facts which he knew by 
other means than for the purpose of the 
cause. One witness is sufficient to any 
fact, except in high treason, when by sta- 
tutes 1 Edw. VI. c. 12, and 5, and 6 Edw\ 
VI. c. 11, two are required, but that is only 
in treasons of conspiracy against the state, 
aijd not treasons relating to the coin, &c. 
The oath of the witness is to speak the 
truth ; the whole truth, and nothing but the 
truth, and all evidence is to be given in 
open cpurt. 
The general rules of evidence are, 1. The 
best evidence must be given that the nature 
of the thing is capable of. 2. No person 
interested in the question can be a witness, 
but to this there are exceptions, as first, in 
criminal prosecutions ; secondly, for general 
usage, for convenience of trade, as a ser- 
vant to prove the delivery of goods, though 
it tends to clear himself of neglect. 3. 
Where the witness acquires thfe interest by 
his own act, after the party who calls him 
has a right to his evidence. The third rule 
is, that hearsay of a matter of fact is no evi- 
dence ; but of matter of reputation, such 
as a custom, it is in some sort evidence. 4. 
Where a general character is the matter in 
issue, particular facts may be received in 
evidence, but not where it occurs inciden- 
tally. 5. In every issue the affirmative is 
to be proved. 6. No evidence need be 
given of what is agreed, or not denied upon 
the pleadings. 
In criminal cases the same rules prevail, 
but evidence of the confessions of the party 
should be received with caution, and are 
rejected when obtained through promises 
or threats. Presumptive evidence should 
be admitted with caution, and two excellent 
rules are given by Sir Matthew Hale, that 
no one should be convicted of stealing 
goods of a person actually unknown, unless 
there is proof of a felony actually commit- 
ted ; and none tried for murder, until the 
murdered body be found. 
Written evidence has been divided into 
two classes : the one, that which is public, 
the other private ; and this first, has been 
subdivided into matters of record, and 
ethers of an inferior nature. The memQ- 
rials of the legislature, such as acts of par- 
liament, and other proceedings of the two 
houses, where acting in a legislative cha- 
racter ; and judgment of the King’s supe- 
rior courts of justice, are denominated re- 
cords, and are so respected by the law, 
that no evidence whatsoever can be re- 
ceived in contradiction of them ; bnt these 
are not permitted to be removed from 
place to place to serve a private purpose, 
and are therefore proved by copies of them, 
which in the absence of the original, is the 
next best evidence. 
A bill in Chancery has been admitted as 
slight evidence against the complainant ; 
and an answer, is evidence against the de- 
fendant in equity himself, though not against 
others, and the w'hole may be read by the 
adverse party. Depositions in Chancery, 
may be evidence at law, but not against 
others, and regularly not if the witness be 
alive, except when taken in perpetuam rei 
memoriam, &c. Matter in law ought not to 
be given in evidence upon a trial, but only 
of fact. 
Of persons competent to give evidence. The 
, King cannot be a witness under his sign 
manual, and a peer must be sworn to give 
evidence. A judge, or juror may give evi- 
dence, the one going off the bench, and the 
other stating his evidence in open court. 
Members of corporations cannot be heard 
in a cause for the corporation. In actions 
against churchwardens, &c. for money mis- 
spent, in indictments for repair of roads, 
and penal actions for the benefit of the 
parish, parishioners may be witnesses. 
Kinsmen are not to be objected to. Hus- 
band and wife are not received as witnesses 
for or against each other, and the bail can- 
not be a witness for his principal, on ac- 
count of his direct interest in the event. 
One that has any benefit under a will, or 
deed, must release it before he can prove 
it as a witness, and by stat. 25 Geo. II. c. 6, 
any devise to a person who is witness to a 
will, or codicil, is void, and he shall be re- 
ceived as a witness. A bare trustee, it is 
said, may prove a deed made to himself. 
In actions for penalties on usury, the bor- 
rower, after he has paid the money, may be 
a witness to prove it, and in actions against 
the hundred, &c. the party is received as a 
witness in his own cause. Persons not of 
sound memory, attainted of praemunire or 
conspiracy, convicted of felony, perjury, or 
other infamous crimes, are incompetent to 
be received as witnesses, but these are 
restored to competency by the King’s pat- 
