58 
E V I 
of the prophet Joel, bear much refemblance to the cir- 
cumdances and fituation of the Carmen Orthium expreded 
on thefe tables. 
E'V IAN, a town of Savoy, in the duchy of Chablais, 
on the coad of the lake of Geneva, containing two pa. 
rilhes, and two convents; near it are fome mineral wa¬ 
ters, which bring a refort of company in the firmmer to 
the town, and renders it more fiouriHiing - than it was 
heretofore. It was an ancient city of the Nantuates : 
five miles ead of Tonon, and twenty-three north-eaft of 
Geneva. 
KVIBRA/TION,^ [e, from, and vibro, Lat. to beat.] 
^ making; the adc of brandidling, Scott. 
*.° EVI'Cl , v. a. [cvinco, Lat.] To difpodefs of by a 
judicial courfe. To take away by a fentence of lav/.—His 
lands were evi&.cd from him. K. James. —To prove; to 
evince. Little vfed. —This nervous fluid has never been 
difcovered in live animals by the fenfes, however aflided; 
tior its necefliry evicted by any cogent experiment. Cheyne. 
EVIC'TION, [ Difpoffeflion or deprivation. 
B.VIC'TION, J. [from evinco, Lat. to overcome.] In 
Iavy, a recovery of land by legal procefs. If land is 
evidted, before the time of payment of rent on a leafe, no 
rent fliall be paid by the lelfee. Where lands taken on 
extent are evidted or recovered by better title, the plain¬ 
tiff fliall have a new 7 execution. 4 Rep. 66. If a widow is 
evidted of her dower or thirds, (he fliall be endowed in 
the other lands of the heir. 2 Danv. Ahr. 670. And if 
on an exchange of lands, either party is evicted of the 
lands given in exchange, he may enter on his own lands. 
4 Rep. 121. 
E'V IDENCE, y. [French.] The date of being evi¬ 
dent; clearnefs; indubitable certainty; notoriety. Tef- 
timony \ proof.—They bear evidence to a hi (lory in defence 
of Chriftianity, the truth of which hidory was their mo¬ 
tive to embrace Chriftianity. AddiJ'on. —Witnefs ; one 
that gives evidence. In this fenfe it is fometimes plural ; 
as, the evidence were /zoom ; but fometimes regularly aug¬ 
mented, as evidences. —There are books extant, which they 
mud needs allow of as proper evidence ; even the mighty 
volumes of vifible nature, and the everlafting tables of 
right reafon. Bentley. 
To fwear he faw three inches through a door, 
As Afiatic evidences fwore. Dryden. 
E'VIDENCE,yi inlaw, proof by witnefles, on oath ; 
or by writings or records. It is called evidence, becaufe 
thereby tile point in iflue in acaufe to be tried, is to be made 
evident to thejury ; iaxprobations debent effe evidentes & per- 
Jpicua. Co. Litt. 283. Evidence in the trial by jury is of two 
kinds, either that which is given in proof, or that which 
the jury may receive by their own private knowledge. 
As to the latter, fee the article Jury. The former, or 
proofs, (to which in common fpeech the name of evi¬ 
dence is ufually confined,) are either written ; or parol, 
that is, by word of mouth. Written proofs, or evidence, 
are recofds', and ancient deeds of thirty years (landing, 
which prove themfelves ; but modern deeds and other 
writings, mud be attefted and verified by parol evidence 
of witnefles. And the one general rule that runs through 
all the dodtrine of trials is this, that (he bed evidence the 
nature of the cafe will admit of fliall always be required, 
if poflible to be had ; but if not poflible, then the bed 
evidence that can be had fliall be allowed. For if it be 
found there is any better evidence exifting than is pro¬ 
duced, the very not producing it is a prefumption, that it 
would have detedted foinc falfehood that at prefent is con¬ 
cealed. Thus, in order to prove a leafe for years, nothing 
elfe fliall be admitted, but the very deed of leafe itfelf, if 
in being ; but if that pofitively be proved to be burnt or 
dedroyed, (not relying on any loofe negative, as that it 
cannot be found, or the like,) then an atteded copy may 
beproduced; or parol evidence given of its contents. So, 
no evidence of a difeourfe with another wili be admitted, 
but the real party nmft be produced ; yet in fome cafes, 
E V I 
(as in proof of any general cudoms, or matters of com¬ 
mon tradition or repute,) the courts admit of hearfay z\ i» 
dence, or an account of what perfons deccafed have de¬ 
clared in their life-time : but fuch evidence will not be 
received of any particular fadts. So too, books of ac¬ 
counts, or diop-books, are not allowed of themfelves to 
be given in evidence for the owner, but a fervant who 
made the entry may have recourfe to them to refrelh his 
memory : and, if fuch fervant (who was accudomed ta 
make thofe entries) be dead, and his hand be proved, 
the book may be read in evidence. BullN.P. 282, 3. But 
as this kind of evidence, even thus regulated, would be 
much too hard upon the buyer at any long didance of 
time, the dat. 7 Jac. I. c. 12, (the penners of which feem 
to have imagined that the books of themfelves were evi¬ 
dence at common-law) confines this fpecies of proof to 
fuch tranfadtions as have happened within one year be¬ 
fore the adtion brought; unlefs between merchant and 
merchant in the ufual intercourfe of trade. 
With regard to parol evidence, or witnefTes, there is 
a procefs to bring them in by writ of fubpeena ad tejlifican- 
dum\ which commands them, laying afide all pretences 
and excufes, to appear at the trial, on pain of one hundred 
pounds, to be forfeited to the king ; to which the dat. 
5 Eliz. c. 9, has added a penalty of iol. to the party 
aggrieved, and damages equivalent to the lofs fudained 
by want of his evidence. But no witnefs, unlefs his rea- 
fonable expences be tendered him, is bound to appear 
at all ; nor if he appears, is he bound to give evidence, 
till fuch charges are actually paid him : except he reddes 
within the bills of mortality, and is fuinmoned to give 
evidence within the fame. This compulfory procefs, to 
bring in unwilling witnefTes, and the additional terrors of 
an attachment in cafe of difobedience, are of excellent 
ufe in the thorough invedigation of truth. 
All witnefTes of whatever religion or country, that 
have the ufe of their reafon, are to be received and exa¬ 
mined, except fuch as are infamous, or fuch as are in¬ 
tended in the event of the caufe. All others are com¬ 
petent witnefTes ; though the jury, from other circurn 
dances, will judge of their credibility. Infamous per¬ 
fons are fuch as may be challenged as jurors, propter do~ 
liELurri-, and therefore (hall never be admitted to give evi¬ 
dence to inform that jury, with whom they were too 
fcandalous to alfociate. Intereded witnefles may be ex¬ 
amined upon a voir dire, if fufpedted to be fecretiy con¬ 
cerned in the event; or their intereit may. be proved in 
court. Which lad is the only method of fupporting an 
objection to the former clafs; for no man is to be exa¬ 
mined to prove his own infamy. And no counfel, attor¬ 
ney, or other perfon, intruded with the fecrets of the 
caufe by the party himfelf, fliall be compelled, or perhaps 
allowed, to give evidence of fuch converfation or mat¬ 
ters of privacy, .as came to his knowledge by virtue of 
fuch trud and conddence ; but he may be examined as to 
mere matters of fact, as the execution of a deed or the 
like, which might have come to his knowledge without 
being entrnded in the caufe. 
One witnefs, if credible, is fufheient evidence to a jury 
of any Jingle fact; though undoubtedly the concurrence 
of two or more corroborates the proof. Yet our law 
condders that there are many tranfadtions to which only 
one perfon is privy ; and therefore does not always de¬ 
mand the teltimony of two, as the civil law univerfally 
requires. Podtive proof is always required, where from 
the nature of the cafe it appears it might podibly have 
been had. But, next to podtive proof, circumdantial 
evidence, or the doctrine of prefumptions, mud take 
place : for when the fadt itfelf cannot be demondratively 
evinced, that which comes neared to the proof of the 
fadt, is the proof of . fuch circumdances which either ne- 
cetfarily or ufually attend fuch fadts; and thefe are called 
prefumptions, which are only to be relied upon till the 
contrary be adtually proved. Stabitur prafumptioni donee 
probetur in contrarium, Co. Litt, 373. Violent prefumption 
