848 F, VOCATI- E

meat, or are a part of the res gestce. His admissionsat another time, or in another employment, are notso. What Vie states while he is doing an act, asagent, is evidence ; what he states historically, after-wards, as to the acts and proceedings under hisagency, is not, because better proof may be obtained,for he may be called to appear personally as a wit-ness. There is a distinction in respect to the effectof admissions. In some cases they are conclusive ;in some not. They are often conclusive when theparty has thereby induced another to act or givecredit. In many other cases they may be contra-dicted, where they do not operate as a fraud on otherpersons.

Secondly ; in respect to confessions. The commonlaw seems to have taken a distinction as to the effectof confessions in civil cases and in criminal cases.Generally speaking, they are evidence in civil casesas admissions. In criminal cases, a free, voluntaryconfession by a party, of his guilt, is also evidence,and is sufficient, per sc, to found a conviction ; butwhere a confession has been obtained by duress, orthreats,or by a promise which is not complied with, theconfession cannot be given in evidence. These casesseem clear. But where a party has made a con-fession by the advice of a friend, or upon the sug-gestion of a stranger, who had no authority to promiseany indulgence or pardon, there seems some con-trariety' of opinion, whether such a confession is or isnot admissible as evidence. However this may be(upon which it is unnecessary for us to express anyopinion), it is certain, that any facts ascertained inconsequence of any confession are, in all cases, evi-dence ; as if a party confess that he has stolen goods,and tells where they are hidden, and they are found,his statement that they were there would be evidenceagainst him, coupled with the fact of finding them.And if a prisoner has been admitted as a witness forthe crown, and has confessed, and afterwards, uponthe trial of his accomplices, he has refused to giveevidence, it has been decided that, under such cir-cumstances, he may be convicted upon his ownconfession.

Thirdly, as to the number of witnesses. Generallyspeaking, by the common law, the testimony of asingle witness, if believed, is sufficient to establishany fact. There are, how r ever, certain exceptions :First, on an indictment for perjury, the evidence ofone witness is not sufficient to convict, for thatwould be only oath against oath. There must beeither two witnesses, or strong independent evidenceby circumstances, to corroborate the testimony ofone. Secondly, in cases of treason by statute, theremust be two witnesses to the same overt act oftreason, or one witness to one, and another witness toanother overt act of the same treason. Any con-fession is sufficient, even when made out of court, if

f iroved by two witnesses. But in regard to col-ateral facts, a single witness is sufficient even incases of treason.

In respect to written evidence. This is divisibleinto various acts :—I, Statutes or acts of the legisla-ture. These, if of a public nature, are evidence withoutany particular proof, for the judges are bound to takenotice of them as the law of the land. They aredeemed records, and of such a high nature, that theycannot be contradicted ; for it is a general rule, thata record is conclusive proof, that the judgment ordecision was made as is therein stated. But judicial

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tribunals will not take notice of private acts of thelegislature ; and therefore, unless made evidence bysome special law, they are admissible as proof onlyby a properly authenticated copy. But when soproved, the}', as matters of record, cannot be con-tradicted.

Evocati. Soldiers among the Romans, who bavin"served their full time in the army, went afterwards asvolunteers at the request of some favourite general ;on which account they were called by the honourablenames of Emeriti and Beneficiarii.

Evocation. Among the Romans, a religious cere-mony always observed by them at the undertaking asiege, wherein they solemnly called upon the gods andgoddesses of the place to forsake it and come over tothem. Without the performance of this ceremony,they either thought that the place could not betaken, or that it would be a sacrilege to take the godsprisoners.

Excavation. Under this head we purpose givingthe history of the regular explorations under ground,for the remains of Roman art. They begin withthe edict of pope Leo X., August 27, 1515, appoint-ing Raphael Sanzio superintendent of antiquities.The words of this edict, and still more, a report toLeo X., formerly ascribed to count Castiglione, butafterwards acknowledged by Fraucescoui to be theproduction of Raphael, give the clearest proof of thetruly barbarian spirit with which the specimens ofantiquity had been treated in Rome. By the regu-lations and the example of Raphael, order wasintroduced into the midst of this confusion. But theground was still too rich to allow a regular andsystematic search to take the place of an indiscri-minate collection of curiosities. Elam. Vacua’sexcellent Comm, de Monumentis Romanis suo elMajorum JEvo deprehensis, in 1594, of which CarloFea has given an improved edition, in his Miscel-lanea Filologiea, Critica, et Antiquaria, is rather anaccount of accidental discoveries than of regular ex-cavations. The business of excavation was notcarrit don extensively in Rome until recently. Before this,only a few tombs (those of Naso, Scipio, &c.), andsome vineyards, had been opened.

During the government of the French in Italy, thebaths of Titus, the arena of the Coliseum, the arch ofConstantine, and the forum of Trajan, were laid open,either in whole or in part ; and the excavations ofthe Via Sacra, of the ground around the temple ofPeace, and the columns of Phocas w ere begun, andhave been carried on by the direction of the existinggovernment, with a view' of clearing the ancient forumentirely from the ruins of centuries. In this forumwas found, in 1824, the first mile stone, from w hichall those upon the highways leading from Rome werenumbered. In the Campagna di Roma, the villa ofAdrian early attracted attention. The excavationsat Gabii are also celebrated. Those at Velia, atOstia, under the direction of Fea, those at Antium,as well as the examinations at Otricoli and at Friuli,near Udine in 1817, have been very productive.Several statues of the Muses have lately been found,not far from Monte Calvo, in the Sabine territory ;and in 1826, a temple of Hercules, with statues, wasaccidentally discovered at Brescia. The skilfullyconducted excavations at Herculaneum and Pompeiihave been very successful. The resurrection, as itwere, of these cities, has encouraged the zeal of allcountries. In France, the example of Peiresc has