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![handle is hein.beal/treatiseo0006 and id is 1 raw text is: 502
CHAPTER THE FIFTH,
OF WITNESSES.-WHAT FACTS WITNESSES MAY DISCLOSE, AND
WHAT ARE PRIVILEGED COMMUNICATIONS.-HOW WITNESSES
ARE TO BE EXAMINED.-HOW THE CREDIT OF WITNESSES MAY
BE IMPEACHED.-HOW MANY WITNESSES ARE SUFFICIENT.-
HOW THE ATTENDANCE OF WITNESSES IS TO BE COMPELLED
AND REMUNERATED.-OF ACCOMPLICES.-AND WHAT WIT-
NESSES ARE COMPETENT TO GIVE EVIDENCE.
SEc. I.
Of Privileged Communications, and other Matters which a Witness
may not Disclose.
[poaj A WITNESS is to be sworn to speak the truth, the whole truth,
Priviee and nothing but the truth. But this form of oath, absolute as it
c ca- seems, must be taken with an implied reservation, that the witness
is not to disclose any facts within his knowledge, which, by the
law of the land, founded on considerations of justice, and of public
policy, he is forbidden to make known. Of such a nature are
professional communications between a client and his attorney,
solicitor, or counsel, and matters connected with the government
of the country. (a)
Between client The law attaches so sacred an inviolability to communications
and attorney, between a client and his legal advisers, that it will neither oblige
or counsel, nor suffer persons so employed to reveal any facts confidentially
disclosed to them at any period of time, neither after their employ-
ment has. ceased by dismissal or otherwise, nor after the cause
[9O3 in which they were engaged is entirely concluded. (b>) The privi-
lege of not being examined on such subjects is the privilege of the
client, and not of the attorney or counsel; (c) and it never ceases.
'It is not sufficient,' said Mr. J. Buller, (d) ' to say that the cause
(a) It seems, however, to have once
been thought necessary to vary the form
of the oath on an occasion of this sort. In
the case of Spark v. Middleton, 12 Vin.
Abr. Ev. B. a, 4, p. 38. 1 Keb. 505, Mr.
Aylott having been counsel for the de-
fendant, desired to be excused to be sworn
on the general oath as witness for the
plaintiff to give the whole truth in evi-
dence, which the court, after some dis-
pute, granted, and that he should only
reveal such things as he either knew
before he was counsel, or that came to
his knowledge since by other persons ;
and the particulars to which he was to be
sworn were particularly proposed, viz.,
what he knew concerning the will in
question ? whether he knew anything of
his own knowledge ?
(b) Lord Say and Seale's ease, 10
Mod. 41. Wilson v. Rastall, 4 Term Rep.
753, in the judgment of Buller, J. Sloman
v. Herne, 2 Esp. N. P. C. 695. Rex v.
Withers, 2 Campb. 578. Parkhurst v.
Lowten, 2 Swanst.194, 221. Richards v.
Jackson, 18 Ves. 474.
(c) 10 Mod. 41. Bull. N.P. 284. But
if the client waive his privilege, the wit-
ness may be examined. Merle v. More,
R. & M. N. P. C. 390. But he is not
considered as waiving it by calling his
attorney as a witness. 1 Phil]. Ev. 163,
citing Waldron v. Ward, Styl. 449. Vail-
lant v. Dodemead, 2 Atk. 524.
(d) 4 T. R. 759. 'The first duty of an
attorney is to keep the secrets of his cli-](ViewImageLocal?handle=hein.beal/treatiseo0006&div=1&collection=&method=preview&ext=.png&size=3)