This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Star chamber proceedings and inquisitorial methods in England at an early date taught the patriots of those stormy days the necessity of establishing a limit to the extent of the inquiry into the private affairs of individuals to which courts of this nature might go under the cloak of law. And, in addition to the right to be secure from all unreasonable searches and seizures, was secured the privilege of refusing to disclose matters which would tend to incriminate the witness. This privilege was regarded with great concern, because of its far reaching importance to liberty, and became firmly and ineradically imbedded in the common law.
The framers of our government firmly implanted it in the Constitutional Amendments, Art. V, which provides: "No person * * * * shall be compelled, in any criminal case, to be a witness against himself," etc.
This privilege not only exists at common law, but is declared in many State constitutions and statutes. Matter privileged under this head includes any disclosure of facts which would tend to subject the witness to imprisonment, penalty or forfeiture, or confiscation of lands.
 
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