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HISTORY AND PRINCIPLES

OF THE

LAW OF EVIDENCE,

AS ILLUSTRATING

OUR SOCIAL PROGRESS.

BY

JOHN GEORGE PHILLIMORE.

“And judgment is turned away backward, and justice standeth afar off; for
truth is fallen in the street, and equity cannot enter."

“But the liberal deriseth liberal things, and by liberal things he shall
stand.”—Isaiah, xlix. 14, and xxxii. 8.

LONDON :
WILLIAM BENNING & CO., LAW BOOKSELLERS,

43, FLEET STREET.

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PREFACE.

It has been my endeavour in the following pages, not only to illustrate the law of evidence by our political and social history, but to elucidate our history by an inquiry into that portion of our law. Many passages that might appear to those who were not acquainted with my purpose, (which no title that I could hit upon would quite adequately disclose), mere digressions from the subject, are, in truth, strictly and immediately connected with the main object I had in view when I began this undertaking. That object was to interweave law and history, to employ one and the other alternately for the illustration of both. I am not aware that the field which I have entered upon has ever been trodden in this country before; and yet, I am sure, it is one which, if properly cultivated, might yield the richest and most abundant harvest. In other countries, the subject is one on which the greatest genius and the most assiduous industry have been exerted; the names of Vico, of Montesquieu, and of Herder, will occur to all

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