name; and therefore, although the variety of written instruments which may occasionally be made evidence, may fairly be denominated "infinite," the present article will not be extended beyond those which may probably come into common use in the trial of offenders, the adjustment of disputes respecting parochial rates, and the decision of cases of settlement, at the Quarter Sessions. + Confessions-(by which are primarily intend- Confessions. ed confessions made before the examining Justice, in the first instance, by the party accused) have always been considered in criminal cases, asof the highest and most decisive authority," but they are admitted only, subject to the following restrictions. First, they can only be given against the parties making them, and not against any other.+ Secondly, they must be taken altogether, and not by pieces.+ Thirdly, the identity of these confessions To be proved must be proved at the trial, before they can be read in evidence; and if they be not proved, they cannot be admitted orally; for a confesssion being the strongest proof of guilt, requires the highest authenticity, and must be To be volun tary. proved to have been made without menace or undue terror. But where it is free and voluntary, it is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and it is therefore admitted as proof of the crime to which it refers.* But confessions are received in evidence, or rejected as inadmissible, under a consideration, whether they are, or are not, entitled to credit: and a confession forced from the mind, by the flattery of hope, or by the torture of apprehen sion, comes in so questionable a shape, when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore confessions so extorted are rejected. However, if any facts are discovered, in consequence of even such a confession, they may be given in evidence; because facts must be immutably the same, whether the confession, which disclosed them, be admitted or not.t Other sorts of confession, as declarations to gaolers, and other persons, in prison, do not come under this view of the subject, and therefore are unnecessary to be considered here. Other docu- Other descriptions of documentary evidence mentary evidence. may be admitted, in a general view of the subject, as consisting of: * 2 Hale's Hist. 285.-Leach, C. L. 240. + Ibid. 1. Statutes of the realm, or acts of parliament. Statutes. Of these it is enough to observe, that "public acts" or acts relating to the general interests of the kingdom, or of any large portion of it, (as ex. gr. Bedford Level) or of the whole profession (as ex. gr. the body of the clergy) need not be proved further than by the production of the printed statute book. But that in the case of "private acts," or acts relating only to private persons, places, or interests, testimony must be produced of their having been compared with the parliament roll,* 2. Proclamations, addresses, and the articles Proclamations, &c. of war, as printed by the King's printer, are considered as sufficiently proving themselves by their mere production. 3. The gazette published by the authority of Government, is generally sufficient evidence of any act of state or public matter so announced. But the gazette is no proof of any private matters respecting individuals contained there in:+ 4. Upon the same general principle, the re- Navy office turns on the books of the navy office are suffi cient evidence that a person of a particular 1 name is dead, but not of the identity of that returns. * Peake's Compend., 26. † Id. 84. 5 Term R. 436. History. person, which, if doubtful, must therefore be proved by other evidence.* 5. General history may be given in evidence to prove a public matter relating to the govern ment or kingdom in general, but not any par ticular custom, or other matter which affects the private rights of individuals. And even books of general history, as topographical works, are not admissible, on subjects of public history, if any documents, from which they were compiled are obtainable.† 6. Surveys and inquisitions taken on public occasions are evidence to ascertain the rights of individuals not named in them; but only when they have been taken under some public authority, and not by that of any private individual.+ Almanacks. 7. Almanacks are good evidence to prove on what day of the week a particular day of the year fell, and such like events, for there can be no other evidence of such things.§ Records of 8. Records of the King's Courts prove them. selves, and the rolls of Courts not of record, Courts. so far as they assert the public interest. But records of the King's Courts are only conclusive evidence, generally speaking, against those who are parties to them. Thus an accessary * 3 Esp. R. 190.-Peake's Compend. 85. Salk. 281.-Peake's Compend. 86. Cro. Eliz. 227.-3 Black. Com. 333. 10 Co. 92. Theory of Evi. 43. may controvert the guilt of his principal, notwithstanding the record of his conviction. 9. Ancient terrars are, or are not, evidence, Terrars, according to the possession from which they come, and the parties by whom, and for whose interest, they are produced. Thus they can only, under very particular circumstances, be evidence for the parson, but may generally be evidence against him. But if they be sign, ed by churchwardens appointed by the parish/ at large, and not by the parson, and whose interests were rather against him, than with him, they become good evidence, even of rights,* 10, Ancient maps, like terrars, surveys, and Maps, other such instruments, are subject to the same observations, Their being admitted as evidence must depend on the circumstances under which, and the parties by whom, they were made, the purpose and interest for which they are produced, and the object to be supported by them,+ Books. 11. Corporation books, so far as they concern Corporation the public government of a town, when publicly kept, and the entries made by a proper officer, are received as evidence of the facts contained in them.‡ * Theo. of Evi. 44. + Peake's Compend. 95. Id. 97. |