(To Abtioles 66 and 67.)

This is probably the most ancient, and is, as far
as ?t extends, the most inflexible of all the rules of
evidence. The following characteristic observations
by Lord Ellenborough occur in B. v. Sarrvngworth,
4 M. and S., 353 :

" The rule, therefore, is universal that you must
first call the subscribing witness, and it is not to be
varied in each particular case by trying whether, in
its application, it may not be productive of some
inconvenience, for then there would be no such
thing as a general rule. A lawyer who is well
stored with these rules would ie no ietter than any
other mam, that is without them, if by mere force
of speculative reasoning it might be shown that
the application of such and such a rule would be
productive of such and such an inconvenience, and
therefore ought not to prevail ; but if any general
rule ought to prevail, this is certainly one that is as
fixed, formal and universal as any that can be stated
in a court of justice."

In Whymanv. Garth, 8 Ex., 807, Pollock, 0. B.,
said, " The parties are supposed to have agreed inter
se that the deed shall not be given in evidence vdth-
out his [the attesting witness] being called to depose
to the circumstances attending its execution."



224 A DIGEST OF THE [Notes.
