unobjectionable. When a witness in his testimony shall lawfully testify of a thing to others against a defendant, or when a defendant shall lawfully testify of a thing against witnesses ; such are called counter-witnesses in law, and they are not to be objected to. The calling forward of evidences is possible any time the person who shall call them may will, whether before denial and defence or afterwards ; because what took place before the suit is what they prove between the litigants. Contravening of evidences is when they shall first appear against the defendant for these causes : for manifest perjury, or for public or private spoil, or for breaking the peace, or for being excommunicated by name, or for near relationship, or for evident enmity, or for his being a sharer of the chattels with which the suit is concerned ; and that before they revert to their recollection. If he then is unable to contravene them lawfully, afterwards let him object to them as witnesses in one of the three lawful ways.
Whoever shall waylay pays twofold, because it is a violence against a person to kill him, and a theft to conceal ; and that is the one place in law where violence and theft become connected. And it is to be thus denied ; the
- V 39 b 1
- V 39 b 6
- V 39 b 10
- V 39 b 21