that perception of truth which arises either from the testimony of the senses or from an induction of reason.

in law, signifies some proof by testimony of men upon oath, or by writings or records. It is called evidence, because thereby the point in issue in a cause to be tried is to be made evident to the jury; for probatio debet esse evidenti et perspicua. The system of evidence, as now established in our courts of common law, is very full, comprehensive, and refined; far different from, and superior to, anything known in the middle ages—as far superior in that as in all other improvements and refinements in science, arts, and manners.

The nature of evidence during the ages of ignorance was extremely imperfect, and the people were incapable of making any rational improvement. Thus it was the imperfection of human reason that caused the invention and introduction of the ORDEAL, as an appeal to the Supreme Being. As men are unable to comprehend the manner in which the Deity carries on the government of the universe, by equal, fixed, and general laws, they are apt to imagine, that in every case which their passions or interest render important in their own eyes, the Supreme Ruler of all ought visibly to display his power in vindicating innocence, and punishing vice.