Encyclopaedia Britannica, 11th Edition, "Evangelical Church Conference" to "Fairbairn, Sir William"
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Title: Encyclopaedia Britannica, 11th Edition, "Evangelical Church Conference" to "Fairbairn, Sir William"
Author: Various
Release date: July 14, 2011 [eBook #36735]
Most recently updated: January 7, 2021
Language: English
Other information and formats: www.gutenberg.org/ebooks/36735
Credits: Produced by Marius Masi, Don Kretz and the Online
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*** START OF THE PROJECT GUTENBERG EBOOK ENCYCLOPAEDIA BRITANNICA, 11TH EDITION, "EVANGELICAL CHURCH CONFERENCE" TO "FAIRBAIRN, SIR WILLIAM" ***
Produced by Marius Masi, Don Kretz and the Online
Distributed Proofreading Team at https://www.pgdp.net
Transcriber's notes:
(1) Numbers following letters (without space) like C2 were originally
printed in subscript. Letter subscripts are preceded by an
underscore, like C_n.
(2) Characters following a carat (^) were printed in superscript.
(3) Side-notes were relocated to function as titles of their respective
paragraphs.
(4) Macrons and breves above letters and dots below letters were not
inserted.
(5) [root] stands for the root symbol; [alpha], [beta], etc. for greek
letters.
(6) The following typographical errors have been corrected:
ARTICLE EVELYN, JOHN: "He was admitted to the Middle Temple in
February 1637, and in May he became a fellow commoner of Balliol
College, Oxford." 'he' amended from 'be'.
ARTICLE EVOLUTION: "The supposition that sensation thus rests on a
material process of absorption from external bodies naturally led
up to the idea that plants and even inorganic substances are
precipient, and so to an indistinct recognition of organic life as
a scale of intelligence." 'substances' amended from 'subtances'.
ARTICLE EVOLUTION: "The conception of evolution was henceforward
irrepressible, and it incessantly reappears, in one shape or
another, up to the year 1858, when Charles Darwin and A.R. Wallace
published their Theory of Natural Selection." 'irrepressible'
amended from 'irrespressible'.
ARTICLE EVOLUTION: "And those of the eighth group are not only
unintelligible without the assumption of evolution, but can be
proved never to be discordant with that hypothesis, while, in some
cases, they are exactly such as the hypothesis requires."
'unintelligible' amended from 'unin-intelligible'.
ARTICLE EVORA: "From 1663 to 1665 it was held by the Spaniards. In
1832 Dom Miguel, retreating before Dom Pedro, took refuge in Evora;
and here was signed the convention of Evora, by which he was
banished." 'From' amended from 'Fom'.
ARTICLE EWING, JULIANA HORATIA ORR: "From this time until her death
(13th May 1885), previously to which she had been a constant
invalid, Mrs Ewing produced a number of charming children's
stories." 'May' amended from 'may'.
ARTICLE EXAMINATIONS: "In many universities of the United States
there is a definite understanding that emoluments shall only be
accepted by those needing them." 'In' amended from 'It'.
ARTICLE EXECUTION: "There may still be imprisonment in England,
under the writ--rarely used in practice--ne exeat regno, which
issues to prevent a debtor from leaving the kingdom." 'kingdom'
amended from 'kindgom'.
ARTICLE EXECUTION: "Under the German Code of Civil Procedure (Arts.
796 et seq.), both the goods and (if the goods do not offer
adequate security) the person of the debtor may be seized (the
process is called arrest) as a guarantee of payment." 'Procedure'
amended from 'Prodecure'.
ARTICLE EZRA, THIRD BOOK OF: "The Apocalypse is called 1 Esdras,
our author 2 Esdras, and Ezra and Nehemiah 3 Esdras, or 3 and 4
Esdras." 'Apocalypse' amended from 'Apocalyspe'.
ARTICLE EZRA AND NEHEMIAH, BOOKS OF: "It is difficult to follow its
progress clearly, and the account ceases abruptly in. vi. 17-19
with the notice of the conspiracy of Tobiah and the nobles of
Judah." 'progress' amended from 'progrees'.
THE
ENCYCLOPAEDIA BRITANNICA
ELEVENTH EDITION
FIRST edition, published in three volumes, 1768-1771.
SECOND " " ten " 1777-1784.
THIRD " " eighteen " 1788-1797.
FOURTH " " twenty " 1801-1810.
FIFTH " " twenty " 1815-1817.
SIXTH " " twenty " 1823-1824.
SEVENTH " " twenty-one " 1830-1842.
EIGHTH " " twenty-two " 1853-1860.
NINTH " " twenty-five " 1875-1889.
TENTH " ninth edition and eleven
supplementary volumes, 1902-1903.
ELEVENTH " published in twenty-nine volumes, 1910-1911.
COPYRIGHT
in all countries subscribing to the Bern Convention
by
THE CHANCELLOR, MASTERS AND SCHOLARS
of the
UNIVERSITY OF CAMBRIDGE
_All rights reserved_
THE
ENCYCLOPAEDIA BRITANNICA
A DICTIONARY OF
ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION
ELEVENTH EDITION
VOLUME X
EVANGELICAL CHURCH to FRANCIS JOSEPH
New York
Encyclopaedia Britannica, Inc.
342 Madison Avenue
Copyright, in the United States of America, 1910,
by
The Encyclopaedia Britannica Company.
VOLUME X, SLICE I
Evangelical Church Conference to Fairbairn, Sir William
ARTICLES IN THIS SLICE:
EVANGELICAL CHURCH CONFERENCE EXPULSION
EVANGELICAL UNION EXTENSION
EVANS, CHRISTMAS EXTENUATING CIRCUMSTANCES
EVANS, EVAN HERBER EXTERRITORIALITY
EVANS, SIR GEORGE DE LACY EXTORTION
EVANS, SIR JOHN EXTRACT
EVANS, OLIVER EXTRADITION
EVANSON, EDWARD EXTRADOS
EVANSTON EXTREME UNCTION
EVANSVILLE EYBESCHUTZ, JONATHAN
EVARISTUS EYCK, VAN
EVARTS, WILLIAM MAXWELL EYE (English town)
EVE EYE (organ)
EVECTION EYEMOUTH
EVELETH EYLAU
EVELYN, JOHN EYRA
EVERDINGEN, ALLART VAN EYRE, EDWARD JOHN
EVEREST, SIR GEORGE EYRE, SIR JAMES
EVEREST, MOUNT EYRIE
EVERETT, ALEXANDER HILL EZEKIEL
EVERETT, CHARLES CARROLL EZRA
EVERETT, EDWARD EZRA, THIRD BOOK OF
EVERETT (Massachusetts, U.S.A.) EZRA, FOURTH BOOK OF
EVERETT (Washington, U.S.A.) EZRA AND NEHEMIAH, BOOKS OF
EVERGLADES EZZO
EVERGREEN EZZOLIED
EVERLASTING F
EVERSLEY, CHARLES SHAW LEFEVRE FABBRONI, ANGELO
EVESHAM FABER
EVIDENCE FABER, BASIL
EVIL EYE FABER, FREDERICK WILLIAM
EVOLUTION FABER, JACOBUS
EVORA FABER, JOHANN
EVREUX FABERT, ABRAHAM DE
EWALD, GEORG HEINRICH AUGUST VON FABIAN, SAINT
EWALD, JOHANNES FABIUS
EWART, WILLIAM FABIUS PICTOR, QUINTUS
EWE FABLE
EWELL, RICHARD STODDERT FABLIAU
EWING, ALEXANDER FABRE, FERDINAND
EWING, JULIANA HORATIA ORR FABRE D'EGLANTINE, FRANCOIS NAZAIRE
EWING, THOMAS FABRETTI, RAPHAEL
EXAMINATIONS FABRIANI, SEVERINO
EXARCH FABRIANO
EXCAMBION FABRICIUS, GAIUS LUSCINUS
EXCELLENCY FABRICIUS, GEORG
EXCHANGE FABRICIUS, HIERONYMUS
EXCHEQUER FABRICIUS, JOHANN ALBERT
EXCISE FABRICIUS, JOHANN CHRISTIAN
EXCOMMUNICATION FABRIZI, NICOLA
EXCRETION FABROT, CHARLES ANNIBAL
EXECUTION FABYAN, ROBERT
EXECUTORS AND ADMINISTRATORS FACADE
EXEDRA FACCIOLATI, JACOPO
EXELMANS, RENE JOSEPH ISIDORE FACE
EXEQUATUR FACTION
EXETER, EARL, MARQUESS & DUKE OF FACTOR
EXETER (England) FACTORY ACTS
EXETER (New Hampshire, U.S.A.) FACULA
EXETER BOOK FACULTY
EXHIBITION FAED, THOMAS
EXHUMATION FAENZA
EXILARCH FAEROE
EXILE FAESULAE
EXILI FAFNIR
EXMOOR FOREST FAGGING
EXMOUTH, EDWARD PELLEW FAGGOT
EXMOUTH FAGNIEZ, GUSTAVE CHARLES
EXODUS, BOOK OF FAGUET, EMILE
EXODUS, THE FA-HIEN
EXOGAMY FAHLCRANTZ, CHRISTIAN ERIK
EXORCISM FAHRENHEIT, GABRIEL DANIEL
EXORCIST FAIDHERBE, LOUIS LEON CESAR
EXOTIC FAIENCE
EXPATRIATION FAILLY, PIERRE LOUIS CHARLES DE
EXPERT FAIN, AGATHON JEAN FRANCOIS
EXPLOSIVES FAIR
EXPRESS FAIRBAIRN, ANDREW MARTIN
EXPROPRIATION FAIRBAIRN, SIR WILLIAM
INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL CONTRIBUTORS,[1] WITH
THE HEADINGS OF THE ARTICLES IN THIS VOLUME SO SIGNED.
A. B. R.
ALFRED BARTON RENDLE, M.A., D.SC, F.R.S., F.L.S.
Keeper, Department of Botany, British Museum. Author of _Text Book
on Classification of Flowering Plants_; &c.
Flower.
A. D.
AUSTIN DOBSON, LL.D.
See the biographical article: DOBSON, H. AUSTIN.
Fielding, Henry.
A. F. B.
ALDRED FARRER BARKER, M.SC.
Professor of Textile Industries at Bradford Technical College.
Felt.
A. F. P.
ALBERT FREDERICK POLLARD, M.A., F.R.HIST.SOC.
Professor of English History in the University of London. Fellow
of All Souls' College, Oxford. Assistant Editor of the _Dictionary
of National Biography_, 1893-1901. Lothian Prizeman, Oxford, 1892;
Arnold Prizeman, 1898. Author of _England under Protector
Somerset_; _Henry VIII._; _Life of Thomas Cranmer_; &c.
Ferrar, Bishop;
Fox, Edward;
Fox, Richard.
A. G.
MAJOR ARTHUR GEORGE FREDERICK GRIFFITHS (d. 1908).
H.M. Inspector of Prisons, 1878-1896. Author of _The Chronicles of
Newgate_; _Secrets of the Prison House_; &c.
Finger Prints.
A. Go.*
REV. ALEXANDER GORDON, M.A.
Lecturer on Church History in the University of Manchester.
Faber, Basil, Jacobus and Johann;
Familists;
Farel, G.;
Flacius.
A. H.-S.
SIR A. HOUTUM-SCHINDLER, C.I.E.
General in the Persian Army. Author of _Eastern Persian Irak_.
Fars;
Firuzabad.
A. L.
ANDREW LANG.
See the biographical article: LANG, ANDREW.
Fairy;
Family.
A. L. B.
ALFRED LYS BALDRY.
Art Critic of the _Globe_, 1893-1908. Author of _Modern Mural
Decoration_ and biographies of Albert Moore, Sir H. von Herkomer,
R.A., Sir J. E. Millais, P.R.A., Marcus Stone, R.A., and G. H.
Boughton, R.A.
Fortuny.
A. N.
ALFRED NEWTON, F.R.S.
See the biographical article: NEWTON, ALFRED.
Falcon;
Fieldfare;
Finch;
Flycatcher;
Fowl.
A. S.
ARTHUR SMITHELLS, F.R.S.
Professor of Chemistry in the University of Leeds. Author of
Scientific Papers on Flame and Spectrum Analysis.
Flame.
A. M. C.
AGNES MARY CLERKE.
See the biographical article: CLERKE, A. M.
Flamsteed.
A. W.
ARTHUR WATSON.
Secretary in the Academic Department, University of London.
Examinations (_in part_).
A. W. R.
ALEXANDER WOOD RENTON, M.A., LL.B.
Puisne Judge of the Supreme Court of Ceylon. Editor of
_Encyclopaedia of the Laws of England_.
Fixtures;
Flat.
A. W. W.
ADOLPHUS WILLIAM WARD, D.LITT., LL.D.
See the biographical article: WARD, A. W.
Foote, Samuel;
Ford, John.
C. El.
SIR CHARLES NORTON EDGCUMBE ELIOT, K.C.M.G., C.B., M.A., LL.D., D.C.L.
Vice-Chancellor of Sheffield University. Formerly Fellow of
Trinity College, Oxford. H.M.'s Commissioner and
Commander-in-Chief for the British East Africa Protectorate; Agent
and Consul-General at Zanzibar; Consul-General for German East
Africa, 1900-1904.
Finno-Ugrian.
C. F. B.
CHARLES FRANCIS BASTABLE, M.A., LL.D.
Regius Professor of Laws and Professor of Political Economy in the
University of Dublin. Author of _Public Finance_; _Commerce of
Nations_; _Theory of International Trade_; &c.
Finance.
C. F. C.
C. F. CROSS, B.SC. (Lond.), F.C.S. F.I.C.
Analytical and Consulting Chemist.
Fibres.
C. F. R.
CHARLES FRANCIS RICHARDSON, A.M., PH.D.
Professor of English at Dartmouth College, Hanover, New Hampshire,
U.S.A. Author of _A Story of English Rhyme_; _A History of
American Literature_; &c.
Fiske, John.
C. H. T.*
CRAWFORD HOWELL TOY, A.M.
See the biographical article: TOY, CRAWFORD HOWELL.
Ezekiel.
C. J.
CHARLES JOHNSON, M.A.
Clerk in H.M. Public Record Office. Joint Editor of the _Domesday
Survey_ for the _Victoria County History: Norfolk_.
Exchequer (_in part_).
C. J. B. M.
CHARLES JOHN BRUCE MARRIOTT, M.A.
Clare College, Cambridge. Secretary of the Rugby Football Union.
Football: _Rugby_ (_in part_).
C. J. N. F.
CHARLES JAMES NICOL FLEMING.
H.M. Inspector of Schools, Scotch Education Department.
Football: _Rugby_ (_in part_).
C. L. K.
CHARLES LETHBRIDGE KINGSFORD, M.A., F.R.HIST.SOC., F.S.A.
Assistant Secretary to the Board of Education. Author of _Life of
Henry V._ Editor of _Chronicles of London_ and Stow's _Survey of
London_.
Fabyan;
Fastolf.
C. P. I.
SIR COURTENAY PEREGRINE ILBERT, K.C.B., K.C.S.I., C.I.E.
Clerk of the House of Commons. Chairman of Statute Law Committee.
Parliamentary Counsel to the Treasury, 1899-1901. Legal Member of
Council of Governor-General of India, 1882-1886; President, 1886.
Fellow of the British Academy. Formerly Fellow and Tutor of
Balliol College, Oxford. Author of _The Government of India_;
_Legislative Method and Forms_.
Evidence.
C. W. A.
CHARLES WILLIAM ALCOCK. (d. 1907).
Formerly Secretary of the Football Association, London.
Football: _Association_ (_in part_).
D. H.
DAVID HANNAY.
Formerly British Vice-Consul at Barcelona. Author of _Short
History of the Royal Navy_; _Life of Emilio Castelar_; &c.
First of June, Battle of the;
Fox, Charles James.
D. Mn.
REV. DUGALD MACFADYEN, M.A.
Minister of South Grove Congregational Church, Highgate. Director
of the London Missionary Society.
Excommunication.
D. N. P.
DIARMID NOEL PATON, M.D., F.R.C.P. (Edin.).
Regius Professor of Physiology in the University of Glasgow.
Formerly Superintendent of Research Laboratory of Royal College of
Physicians, Edinburgh. Biological Fellow of Edinburgh University,
1884. Author of _Essentials of Human Physiology_; &c.
Fever.
D. S. M.*
DAVID SAMUEL MARGOLIOUTH, M.A., D.LITT.
Laudian Professor of Arabic, Oxford. Fellow of New College. Author
of _Arabic _Papyri of the Bodleian Library_; _Mohammed and the
Rise of Islam_; _Cairo, Jerusalem_ and Damascus_.
Fatimites.
E. B.
EDWARD BRECK, M.A., PH.D.
Formerly Foreign Correspondent of the _New York Herald_ and the
_New York Times_. Author of _Fencing_; _Wilderness Pets_;
_Sporting in Nova Scotia_; &c.
Foil-fencing;
Football: _American_ (_in part_).
E. Ca.
EGERTON CASTLE, M.A., F.S.A.
Trinity College, Cambridge. Author of _Schools and Masters of
Fence_; &c.
Fencing.
Ed. C.*
THE HON. EDWARD EVAN CHARTERIS.
Barrister-at-Law, Inner Temple.
Fair (_in part_).
E. C. B.
RT. REV. EDWARD CUTHBERT BUTLER, O.S.B., M.A., D.LITT.
Abbot of Downside Abbey, Bath. Author of "The Lausiac History of
Palladius," in _Cambridge Texts and Studies_, vol. vi.
Fontevrault;
Francis of Assisi, St;
Francis of Paola, St.
E. C. Q.
EDMUND CROSBY QUIGGIN, M.A.
Fellow and Lecturer in Modern Languages and Monro Lecturer in
Celtic, Gonville and Caius College, Cambridge.
Finn mac Cool.
E. D. R.
LIEUT.-COLONEL EMILIUS C. DELME RADCLIFFE.
Author of _Falconry: Notes on the Falconidae used in India in
Falconry_.
Falconry.
E. E. A.
ERNEST E. AUSTEN.
Assistant in Department of Zoology, Natural History Museum, South
Kensington.
Flea.
E. E. H.
REV. EDWARD EVERETT HALE.
See the biographical article: HALE, E. E.
Everett, Edward.
E. G.
EDMUND GOSSE, LL.D.
See the biographical article: GOSSE, EDMUND.
Ewald, Johannes;
Fabliau;
Fabre, Ferdinand;
Feuillet;
Finland: _Literature_;
FitzGerald, Edward;
Flaubert;
Flemish Literature;
Forssell.
E. H. P.
EDWARD HENRY PALMER, M.A.
See the biographical article: PALMER, E. H.
Firdousi (_in part_).
E. K.
EDMUND KNECHT, PH.D., M.SC.TECH. (Manchester), F.I.C.
Professor of Technological Chemistry, Manchester University. Head
of Chemical Department, Municipal School of Technology,
Manchester. Examiner in Dyeing, City and Guilds of London
Institute. Author of _A Manual of Dyeing_; &c. Editor of _Journal
of the Society of Dyers and Colourists_.
Finishing.
E. M. Ha.
ERNEST MAES HARVEY.
Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London.
Exchange.
E. O.*
EDMUND OWEN, M.B., F.R.C.S., LL.D., D.SC.
Consulting Surgeon to St Mary's Hospital, London, and to the
Children's Hospital, Great Ormond Street, London. Chevalier of the
Legion of Honour. Late Examiner in Surgery at the University of
Cambridge, London and Durham. Author of _A Manual of Anatomy for
Senior Students_.
Fistula.
E. O. S.
EDWIN OTHO SACHS, F.R.S. (Edin.), A.M.INST.M.E.
Chairman of the British Fire Prevention Committee. Vice-President,
National Fire Brigades Union. Vice-President, International Fire
Service Council. Author of _Fires and Public Entertainments_; &c.
Fire and Fire Extinction.
E. Pr.
EDGAR PRESTAGE.
Special Lecturer in Portuguese Literature at the University of
Manchester. Commendador, Portuguese Order of S. Thiago.
Corresponding Member of Lisbon Royal Academy of Sciences and
Lisbon Geographical Society.
Falcao;
Ferreira.
E. Re.
ELISEE RECLUS.
See the biographical article: RECLUS, J. J. E.
Fire.
E. Tn.
REV. ETHELRED LEONARD TAUNTON, (d. 1907).
Author of _The English Black Monks of St Benedict_; _History of
the Jesuits in England_.
Feckenham;
Fisher, John.
E. W. H.
ERNEST WILLIAM HOBSON, M.A., D.SC., F.R.S., F.R.A.S.
Fellow and Tutor in Mathematics, Christ's College, Cambridge.
Stokes Lecturer in Mathematics in the University.
Fourier's Series.
F. C. C.
FREDERICK CORNWALLIS CONYBEARE, M.A., D.TH. (Giessen).
Fellow of the British Academy. Formerly Fellow of University
College, Oxford. Author of _The Ancient Armenian Texts of
Aristotle_; _Myth, Magic and Morals_; &c.
Extreme Unction.
F. G. P.
FREDERICK GYMER PARSONS, F.R.C.S., F.Z.S., F.R.ANTHROP.INST.
Vice-President, Anatomical Society of Great Britain and Ireland.
Lecturer on Anatomy at St Thomas's Hospital and the London School
of Medicine for Women. Formerly Hunterian Professor at the Royal
College of Surgeons.
Eye: _Anatomy_.
F. J. H.
FRANCIS JOHN HAVERFIELD, M.A., LL.D., F.S.A.
Camden Professor of Ancient History in the University of Oxford.
Fellow of Brasenose College. Ford's Lecturer, 1906-1907. Fellow of
the British Academy. Author of Monographs on Roman History,
especially Roman Britain; &c.
Fosse.
F. J. W.
FREDERICK JOSEPH WALL, F.C.S.
Secretary to the Football Association.
Football: _Association_ (_in part_).
F. R. C.
FRANK R. CANA.
Author of _South Africa from the Great Trek to the Union_.
France: _Colonies_.
F. S.
FRANCIS STORR, M.A.
Editor of the _Journal of Education_, London. Officier d'Academie,
Paris.
Fable.
G. A. B.
GEORGE A. BOULENGER, D.SC., PH.D., F.R.S.
In charge of the Collections of Reptiles and Fishes, Department of
Zoology, British Museum. Vice-President of the Zoological Society
of London.
Flat-fish.
G. A. Be.
GEORGE ANDREAS BERRY, M.B., F.R.C.S., F.R.S. (Edin.).
Hon. Surgeon Oculist to His Majesty in Scotland. Formerly Senior
Ophthalmic Surgeon, Edinburgh Royal Infirmary, and Lecturer on
Ophthalmology in the University of Edinburgh. Vice-President,
Ophthalmological Society. Author of _Diseases of the Eye_; _The
Elements of Ophthalmoscopic Diagnosis_; _Subjective Symptoms in
Eye Diseases_; &c.
Eye: _Diseases_.
G. B. A.
GEORGE BURTON ADAMS, A.M., B.D., PH.D., LITT.D.
Professor of History, Yale University. Editor of _American
Historical Review_. Author of _Civilization during the Middle
Ages_; _Political History of England_, 1066-1216; &c.
Feudalism.
G. C. L.
GEORGE COLLINS LEVEY, C.M.G.
Member of Board of Advice to Agent-General of Victoria. Formerly
Editor and Proprietor of the _Melbourne Herald_. Secretary,
Colonial Committee of Royal Commission to Paris Exhibition, 1900.
Secretary, Adelaide Exhibition, 1887. Secretary, Royal Commission,
Hobart Exhibition, 1894-1895. Secretary to Commissioners for
Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia
and Melbourne, 1873, 1876, 1878, 1880-1881.
Exhibition.
G. E.
REV. GEORGE EDMUNDSON, M.A., F.R.HIST.S.
Formerly Fellow and Tutor of Brasenose College, Oxford. Ford's
Lecturer, 1909. Hon. Member, Dutch Historical Society, and Foreign
Member, Netherlands Association of Literature.
Flanders.
G. F. Z.
GEORGE FREDERICK ZIMMER, A.M.INST.C.E.
Author of _Mechanical Handling of Material_.
Flour and Flour Manufacture.
G. G. P.*
GEORGE GRENVILLE PHILLIMORE, M.A., B.C.L.
Christ Church, Oxford. Barrister-at-Law, Middle Temple.
Fishery, Law of.
G. P.
GIFFORD PINCHOT, A.M., D.SC., LL.D.
Professor of Forestry, Yale University. Formerly Chief Forester,
U.S.A. President of the National Conservation Association. Member
of the Society of American Foresters, Royal English Arboricultural
Society, &c. Author of _The White Pine_; _A Primer of Forestry_;
&c.
Forests and Forestry: _United States_.
G. W. T.
REV. GRIFFITHS WHEELER THATCHER, M.A., B.D.
Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew
and Old Testament History at Mansfield College, Oxford.
Fairuzabadi;
Fakhr ud-Din Razi;
Farabi;
Farazdaq.
H. B. S.
REV. HENRY BARCLAY SWETE, M.A., D.D., LITT.D.
Regius Professor of Divinity, Cambridge University. Fellow of
Gonville and Caius College, Cambridge. Fellow of King's College,
London. Fellow of British Academy. Hon. Canon of Ely Cathedral.
Author of _The Holy Spirit in the New Testament_; &c.
Fathers of the Church.
H. Ch.
HUGH CHISHOLM, M.A.
Formerly Scholar of Corpus Christi College, Oxford. Editor of the
11th Edition of the _Encyclopaedia Britannica_; Co-Editor of the
10th edition.
Forster.
H. De.
HIPPOLYTE DELEHAYE, S.J.
Assistant in the compilation of the Bollandist publications:
_Analecta Bollandiana_ and _Acta Sanctorum_.
Fiacre, Saint;
Florian, Saint.
H. F. G.
HANS FRIEDRICH GADOW, F.R.S., PH.D.
Strickland Curator and Lecturer on Zoology in the University of
Cambridge. Author of "Amphibia and Reptiles," in the _Cambridge
Natural History_.
Flamingo.
H. L. S.
H. LAWRENCE SWINBURNE (d. 1909).
Flag.
H. St.
HENRY STURT, M.A.
Author of _Idola Theatri_; _The Idea of a Free Church_; _Personal
Idealism_.
Fechner;
Feuerbach, Ludwig A.
H. W. C. D.
HENRY WILLIAM CARLESS DAVIS, M.A.
Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls'
College, Oxford, 1895-1902. Author of _England under the Normans
and Angevins_; _Charlemagne_.
Fitz Neal;
Fitz Peter, Geoffrey;
Fitz Stephen, William;
Fitz Thedmar;
Flambard;
Florence of Worcester.
H. W. S.
H. WICKHAM STEED.
Correspondent of _The Times_ at Vienna. Correspondent of _The
Times_ at Rome, 1897-1902.
Fabrizi.
I. A.
ISRAEL ABRAHAMS, M.A.
Reader in Talmudic and Rabbinic Literature, University of
Cambridge. President, Jewish Historical Society of England. Author
of _A Short History of Jewish Literature_; _Jewish Life in the
Middle Ages_.
Exilarch;
Eybeschutz.
J. A. C.
SIR JOSEPH ARCHER CROWE, K.C.M.G.
See the biographical article: CROWE, SIR JOSEPH A.
Eyck, Van.
J. A. H.
JOHN ALLEN HOWE, B.SC.
Curator and Librarian of the Museum of Practical Geology, London.
Author of _The Geology of Building Stones_.
France: _Geology_.
J. A. S.
JOHN ADDINGTON SYMONDS, LL.D.
See the biographical article: SYMONDS, JOHN A.
Ficino;
Filelfo.
J. B.*
JOSEPH BURTON.
Partner in Pilkington's Tile and Pottery Co., Clifton Junction,
Manchester.
Firebrick (_in part_).
J. B. P.
JAMES BELL PETTIGREW, M.D., LL.D., F.R.S., F.R.C.P. (Edin.) (1834-1908).
Chandos Professor of Medicine and Anatomy, University of St
Andrews, 1875-1908. Author of _Animal Locomotion_; &c.
Flight and Flying (_in part_).
J. Bt.
JAMES BARTLETT.
Lecturer on Construction, Architecture, Sanitation, Quantities,
&c., at King's College, London. Member of Society of Architects.
Member of Institute of Junior Engineers.
Foundations.
J. C. M.
JAMES CLERK MAXWELL, LL.D.
See the biographical article: MAXWELL, JAMES CLERK.
Faraday.
J. E. C. B.
JOHN EDWARD COURTENAY BODLEY, M.A.
Balliol College, Oxford. Corresponding Member of the Institute of
France. Author of _France_; _The Coronation of Edward VII._; &c.
France: _History_, 1870-1910.
J. E. P. W.
JOHN EDWARD POWER WALLIS, M.A.
Puisne Judge, Madras. Vice-Chancellor of Madras University. Inns
of Court Reader in Constitutional Law, 1892-1897. Formerly Editor
of _State Trials_.
Extradition.
J. F. St.
JOHN FREDERICK STENNING, M.A.
Dean and Fellow of Wadham College, Oxford. University Lecturer in
Aramaic. Lecturer in Divinity and Hebrew at Wadham College.
Exodus, Book of.
J. G. H.
JOSEPH G. HORNER, A.M.I.MECH.E.
Author of _Plating and Boiler Making_; _Practical Metal Turning_;
&c.
Forging;
Founding.
J. G. R.
JOHN GEORGE ROBERTSON, M.A., PH.D.
Professor of German at the University of London. Formerly Lecturer
on the English Language, Strassburg University. Author of _History
of German Literature_; &c.
Fouque, Baron.
J. H. P.*
JOHN HUNGERFORD POLLEN, M.A. (d. 1908).
Formerly Professor of Fine Arts in Catholic University of Dublin.
Fellow of Merton College, Oxford. Cantor Lecturer, Society of
Arts, 1885. Author of _Ancient and Modern Furniture and Woodwork_;
_Ancient and Modern Gold and Silversmith's Work_; _The Trajan
Column_; &c.
Fan.
J. Hl. R.
JOHN HOLLAND ROSE, M.A., LITT.D.
Lecturer on Modern History to the Cambridge University Local
Lectures Syndicate. Author of _Life of Napoleon I._; _Napoleonic
Studies_; _The Development of the European Nations_; _The Life of
Pitt_; chapters in the _Cambridge Modern History_.
Fouche.
J. H. R.
JOHN HORACE ROUND, M.A., LL.D. (Edin.).
Author of _Feudal England_; _Studies in Peerage and Family
History_; _Peerage and Pedigree_; &c.
Ferrers: _Family_;
Fitzgerald: _Family_.
J. I.
JULES ISAAC.
Professor of History at the Lycee of Lyons.
Francis I. of France.
J. K. L.
SIR JOHN KNOX LAUGHTON, M.A., LITT.D.
Professor of Modern History, King's College, London. Secretary of
the Navy Records Society. Served in the Baltic, 1854-1855; in
China, 1856-1859. Mathematical and Naval Instructor, Royal Naval
College, Portsmouth, 1866-1873; Greenwich, 1873-1885. President,
Royal Meteorological Society, 1882-1884. Honorary Fellow, Gonville
and Caius College, Cambridge. Fellow, King's College, London.
Author of _Physical Geography in its Relation to the Prevailing
Winds and Currents_; _Studies in Naval History_; _Sea Fights and
Adventures_; &c.
Farragut;
Fitzroy.
J. L. B.
JULIAN LEVETT BAKER, F.I.C.
Analytical and Consulting Chemist. Examiner in Brewing to the City
and Guilds of London Institute, Department of Technology. Hon.
Secretary of the Institute of Brewing. Author of _The Brewing
Industry_; &c.
Fermentation.
J. Ma.
JOHN MACDONALD.
Fair (_in part_).
J. M. S.
JAMES MONTGOMERY STUART.
Author of _The History of Free Trade in Tuscany_; _Reminiscences
and Essays_.
Foscolo.
J. Pa.
JAMES PATON, F.L.S.
Superintendent of Museums and Art Galleries of Corporation of
Glasgow. Assistant in Museum of Science and Art, Edinburgh,
1861-1876. President of Museums Association of United Kingdom,
1896. Editor and part-author of _Scottish National Memorials_,
1890.
Feather (_in part_).
J. P. E.
JEAN PAUL HIPPOLYTE EMMANUEL ADHEMAR ESMEIN.
Professor of Law in the University of Paris. Officer of the Legion
of Honour. Member of the Institute of France. Author of _Cours
elementaire d'histoire du droit francais_; &c.
France: _Law and Institutions_.
J. R. C.
JOSEPH ROGERSON COTTER, M.A.
Assistant to the Professor of Natural and Experimental Philosophy,
Trinity College, Dublin. Editor of 2nd edition of Preston's
_Theory of Heat_.
Fluorescence.
J. R. F.*
JOSEPH R. FISHER.
Editor of the _Northern Whig_, Belfast. Author of _Finland and the
Tsars_; _Law of the Press_; &c.
Finland.
J. R. J. J.
JULIAN ROBERT JOHN JOCELYN.
Colonel, R.A. Formerly Commandant, Ordnance College; Member of
Ordnance Committee; Commandant, Schools of Gunnery.
Fireworks: _History_.
J. S. Bl.
REV. JOHN SUTHERLAND BLACK, M.A., LL.D.
Assistant Editor, 9th edition, _Encyclopaedia Britannica_. Joint
Editor of the _Encyclopaedia Biblica_. Translated Ritschl's
_Critical History of the Christian Doctrine of Justification and
Reconciliation_.
Fasting;
Feasts and Festivals.
J. S. F.
JOHN SMITH FLETT, D.SC, F.G.S.
Petrographer to the Geological Survey. Formerly Lecturer on
Petrology in Edinburgh University. Neill Medallist of the Royal
Society of Edinburgh. Bigsby Medallist of the Geological Society
of London.
Felsite;
Flint.
J. S. K.
JOHN SCOTT KELTIE, LL.D., F.S.S.. F.S.A. (Scot.).
Secretary, Royal Geographical Society. Knight of Swedish Order of
North Star. Commander of the Norwegian Order of St Olaf. Hon.
Member, Geographical Societies of Paris, Berlin, Rome, &c. Editor
of _Statesman's Year Book_. Editor of the _Geographical Journal_.
Finland (_in part_);
Flinders.
J. T. Be.
JOHN T. BEALBY.
Joint Author of Stanford's _Europe_. Formerly Editor of the
_Scottish Geographical Magazine_. Translator of Sven Hedin's
_Through Asia, Central Asia and Tibet_; &c.
Fens;
Ferghana (_in part_).
K. S.
KATHLEEN SCHLESINGER.
Author of _The Instruments of the Orchestra_.
Fiddle;
Fife;
Flageolet;
Flute (_in part_).
L. D.*
LOUIS DUCHESNE.
See the biographical article: DUCHESNE, L. M. O.
Formosus.
L. F. S.
LESLIE FREDERIC SCOTT, M.A., K.C.C.
Barrister-at-Law, Inner Temple.
Factor.
L. J.
LIEUT.-COLONEL LOUIS CHARLES JACKSON, R.E., C.M.G.
Assistant Director of Fortifications and Works, War Office.
Formerly Instructor in Fortification, R.M.A., Woolwich. Instructor
in Fortification and Military Engineering, School of Military
Engineering, Chatham
Fortification and Siegecraft.
L. V.*
LUIGI VILLARI.
Italian Foreign Office (Emigration Dept.). Formerly Newspaper
Correspondent in east of Europe. Italian Vice-Consul in New
Orleans, 1906; Philadelphia, 1907; Boston, U.S.A., 1907-1910.
Author of _Italian Life in Town and Country_; _Fire and Sword in
the Caucasus_; &c.
Faliero;
Fanti, Manfredo;
Farini, Luigi Carlo;
Farnese: _Family_;
Ferdinand I. and IV. of Naples;
Ferdinand II. of the Two Sicilies;
Fiesco; Filangieri, C.;
Florence;
Foscari;
Fossombroni;
Francis II. of the Two Sicilies;
Francis IV. and V. of Modena.
M. Ha.
MARCUS HARTOG, M.A., D.SC, F.L.S.
Professor of Zoology, University College, Cork. Author of
"Protozoa," in _Cambridge Natural History_; and papers for various
scientific journals.
Flagellate;
Foraminifera.
N. W. T.
NORTHCOTE WHITBRIDGE THOMAS, M.A.
Government Anthropologist to Southern Nigeria. Corresponding
Member of the Societe d'Anthropologie de Paris. Author of _Thought
Transference_; _Kinship and Marriage in Australia_; &c.
Faith Healing;
Fetishism;
Folklore.
O. H.*
OTTO HEHNER, F.I.C., F.C.S.
Public Analyst. Formerly President of Society of Public Analysts.
Vice-President of Institute of Chemistry of Great Britain and
Ireland. Author of works on Butter Analysis; Alcohol Tables; &c.
Food Preservation.
O. M.
DAVID ORME MASSON, M.A., D.SC, F.R.S.
Professor of Chemistry, Melbourne University. Author of papers on
chemistry in the transactions of various learned societies.
Fireworks: _Modern_.
P. A.
PAUL DANIEL ALPHANDERY.
Professor of the History of Dogma, Ecole Pratique des Hautes
Etudes, Sorbonne, Paris. Author of _Les Idees morales chez les
heterodoxes latines au debut du XIII^e siecle_.
Flagellants.
P. A. K.
PRINCE PETER ALEXEIVITCH KROPOTKIN.
See the biographical article: KROPOTKIN, P. A.
Ferghana (_in part_);
Finland (_in part_).
P. C. Y.
PHILIP CHESNEY YORKE, M.A.
Magdalen College, Oxford.
Falkland;
Fanshaw;
Fawkes, Guy;
Fell, John;
Fortescue, Sir John.
P. C. M.
PETER CHALMERS MITCHELL, F.R.S., F.Z.S., D.SC, LL.D.
Secretary to the Zoological Society of London. University
Demonstrator in Comparative Anatomy and Assistant to Linacre
Professor at Oxford, 1881-1891. Examiner in Zoology to the
University of London, 1903. Author of _Outlines of Biology_; &c.
Evolution.
P. G. K.
PAUL GEORGE KONODY.
Art Critic of the _Observer_ and the _Daily Mail_. Formerly Editor
of _The Artist_. Author of _The Art of Walter Crane_; _Velasquez,
Life and Work_; &c.
Fiorenzo di Lorenzo;
Fragonard.
P. J. H.
PHILIP JOSEPH HARTOG, M.A., L. ES SC. (Paris).
Academic Registrar of the University of London. Author of _The
Writing of English_, and articles in the Special Reports on
educational subjects of the Board of Education.
Examinations (_in part_).
P. W.
PAUL WIRIATH.
Director of the Ecole Superieure Pratique de Commerce et
d'Industrie, Paris.
France: _History to_ 1870.
R. Ad.
ROBERT ADAMSON, LL.D.
See the biographical article: ADAMSON, R.
Fichte;
Fourier, F. C. M.
R. A. S. M.
ROBERT ALEXANDER STEWART MACALISTER, M.A., F.S.A.
St John's College, Cambridge. Director of Excavations for the
Palestine Exploration Fund.
Font.
R. H. C.
REV. ROBERT HENRY CHARLES, M.A., D.D., D.LITT. (Oxon.).
Grinfield Lecturer and Lecturer in Biblical Studies, Oxford.
Fellow of the British Academy. Formerly Senior Moderator of
Trinity College, Dublin. Author and Editor of _Book of Enoch_;
_Book of Jubilees_; _Apocalypse of Baruch_; _Assumption of Moses_;
_Ascension of Isaiah_; _Testaments of the XII. Patriarchs_; &c.
Ezra: _Third and Fourth Books of_.
R. J. M.
RONALD JOHN MCNEILL, M.A.
Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the
_St James's Gazette_, London.
Fenians;
Fitzgerald, Lord Edward;
Flood, Henry.
R. L.*
RICHARD LYDEKKER, F.R.S., F.G.S., F.Z.S.
Member of the Staff of the Geological Survey of India, 1874-1882.
Author of _Catalogue of Fossil Mammals, Reptiles and Birds in
British Museum_; _The Deer of all Lands_; _The Game Animals of
Africa_; &c.
Flying-Squirrel; Fox.
R. N. B.
ROBERT NISBET BAIN (d. 1909).
Assistant Librarian, British Museum, 1883-1909. Author of
_Scandinavia: the Political History of Denmark, Norway and Sweden,
1513-1900_; _The First Romanovs, 1613-1725_; _Slavonic Europe: the
Political History of Poland and Russia from 1469 to 1796_; &c.
Fersen, Counts von.
R. Po.
RENE POUPARDIN, D. ES L.
Secretary of the Ecole des Chartes. Honorary Librarian at the
Bibliotheque Nationale, Paris. Author of _Le Royaume de Provence
sous les Carolingiens_; _Recueil des chartes de Saint-Germain_;
&c.
Franche-Comte.
R. P. S.
R. PHENE SPIERS, F.S.A., F.R.I.B.A.
Formerly Master of the Architectural School, Royal Academy,
London. Past President of Architectural Association. Associate and
Fellow of King's College, London. Corresponding Member of the
Institute of France. Editor of Fergusson's _History of
Architecture_. Author of _Architecture: East and West_; &c.
Flute: _Architecture_.
R. S. C.
ROBERT SEYMOUR CONWAY, M.A., D.LITT. (Cantab.).
Professor of Latin and Indo-European Philology in the University
of Manchester. Formerly Professor of Latin in University College,
Cardiff; and Fellow of Gonville and Caius College, Cambridge.
Author of _The Italic Dialects_.
Falisci.
R. Tr.
ROLAND TRUSLOVE, M.A.
Formerly Scholar of Christ Church, Oxford. Fellow, Dean and
Lecturer in Classics at Worcester College, Oxford.
France: _Statistics_.
S. A. C.
STANLEY ARTHUR COOK, M.A.
Editor for Palestine Exploration Fund. Lecturer in Hebrew and
Syriac, and formerly Fellow, Gonville and Caius College,
Cambridge. Examiner in Hebrew and Aramaic, London University,
1904-1908. Author of _Glossary of Aramaic Inscriptions_; _The Laws
of Moses and the Code of Hammurabi_; _Critical Notes on Old
Testament History_; _Religion of Ancient Palestine_; &c.
Exodus, The;
Ezra and Nehemiah, Books of.
S. C.
SIDNEY COLVIN, LL.D.
See the biographical article: COLVIN, S.
Fine Arts;
Finiguerra;
Flaxman.
St C.
VISCOUNT ST CYRES.
See the biographical article: IDDESLEIGH, 1ST EARL OF
Fenelon.
S. E. B.
HON. SIMEON EBEN BALDWIN, M.A., LL.D.
Professor of Constitutional and Private International Law in Yale
University. Director of the Bureau of Comparative Law of the
American Bar Association. Formerly Chief Justice of Connecticut.
Author of _Modern Political Institutions_; _American Railroad
Law_; &c.
Extradition: U.S.A.
S. E. S.-R.
STEPHEN EDWARD SPRING-RICE, M.A., C.B. (1856-1902).
Formerly Principal Clerk, H.M. Treasury, and Auditor of the Civil
List. Fellow of Trinity College, Cambridge.
Exchequer (_in part_).
T. A. I.
THOMAS ALLAN INGRAM, M.A., LL.D.
Trinity College, Dublin.
Explosives: _Law_.
T. As.
THOMAS ASHBY, M.A., D.LITT. (Oxon.), F.S.A.
Director of British School of Archaeology at Rome. Formerly
Scholar of Christ Church, Oxford. Craven Fellow, 1897.
Corresponding Member of the Imperial German Archaeological
Institute. Author of the _Classical Topography of the Roman
Campagna_; &c.
Faesulae;
Falerii;
Falerio;
Fanum Fortunae;
Ferentino;
Fermo;
Flaminia Via;
Florence: _Early History_;
Fondi;
Fonni;
Forum Appii.
T. Ba.
SIR THOMAS BARCLAY, M.P.
Member of the Institute of International Law. Member of the
Supreme Council of the Congo Free State. Officer of the Legion of
Honour. Author of _Problems of International Practice and
Diplomacy_; &c. M.P. for Blackburn, 1910.
Exterritoriality.
T. H. H.*
SIR THOMAS HUNGERFORD HOLDICH, K.C.M.G., K.C.I.E., D.SC., F.R.G.S.
Colonel in the Royal Engineers. Superintendent, Frontier Surveys,
India, 1892-1898. Gold Medallist, R.G.S., London, 1887. H.M.
Commissioner for the Persia-Beluch Boundary, 1896. Author of _The
Indian Borderland_; _The Gates of India_; &c.
Everest, Mount.
T. K. C.
REV. THOMAS KELLY CHEYNE, D.D.
See the biographical article: CHEYNE, T. K.
Eve (_in part_).
T. Se.
THOMAS SECCOMBE, M.A.
Lecturer in History, East London and Birkbeck Colleges, University
of London. Stanhope Prizeman, Oxford, 1887. Formerly Assistant
Editor of _Dictionary of National Biography_, 1891-1901.
Joint-author of _The Bookman History of English Literature_.
Author of _The Age of Johnson_; &c.
Fawcett, Henry.
T. Wo.
THOMAS WOODHOUSE.
Head of Weaving and Textile Designing Department, Technical
College, Dundee.
Flax.
V. M.
VICTOR CHARLES MAHILLON.
Principal of the Conservatoire Royal de Musique at Brussels.
Chevalier of the Legion of Honour.
Flute (_in part_).
W. A. B. C.
REV. WILLIAM AUGUSTUS BREVOORT COOLIDGE, M.A., F.R.G.S., Ph.D. (Bern).
Fellow of Magdalen College, Oxford. Professor of English History,
St David's College, Lampeter, 1880-1881. Author of _Guide to
Switzerland_; _The Alps in Nature and in History_; &c. Editor of
the _Alpine Journal_, 1880-1889.
Feldkirch.
W. A. P.
WALTER ALISON PHILLIPS, M.A.
Formerly Exhibitioner of Merton College and Senior Scholar of St
John's College, Oxford. Author of _Modern Europe_; &c.
Excellency;
Faust;
Febronianism.
W. B.*
WILLIAM BURTON, M.A., F.C.S.
Chairman, Joint Committee of Pottery Manufacturers of Great
Britain. Author of _English Stoneware and Earthenware_; &c.
Firebrick (_in part_).
W. Ca.
WALTER CAMP, A.M.
Member of Yale University Council. Author of _American Football_;
_Football Facts and Figures_; &c.
Football: _American_ (_in part_).
W. Ga.
WALTER GARSTANG, M.A., D.SC.
Professor of Zoology at the University of Leeds. Scientific
Adviser to H.M. Delegates on the International Council for the
Exploration of the Sea, 1901-1907. Formerly Fellow of Lincoln
College, Oxford. Author of _The Races and Migrations of the
Mackerel_; _The Impoverishment of the Sea_; &c.
Fisheries.
W. He.
WALTER HEPWORTH.
Formerly Commissioner of the Council of Education, Science and Art
Department, South Kensington.
Fool.
W. M. R.
WILLIAM MICHAEL ROSSETTI.
See the biographical article: ROSSETTI, DANTE G.
Ferrari, Gaudenzio;
Fielding, Copley;
Franceschi, Piero;
Francia.
W. P. P.
WILLIAM PLANE PYCRAFT, F.Z.S.
Assistant in the Zoological Department, British Museum. Formerly
Assistant Linacre Professor of Comparative Anatomy, Oxford.
Vice-President of the Selborne Society. Author of _A History of
Birds_; &c.
Feather (_in part_).
W. N. S.
WILLIAM NAPIER SHAW, M.A., LL.D., D.SC, F.R.S.
Director of the Meteorological Office. Reader in Meteorology in
the University of London. President of Permanent International
Meteorological Committee. Member of Meteorological Council,
1897-1905. Hon. Fellow of Emmanuel College, Cambridge. Fellow of
Emmanuel College, 1877-1899; Senior Tutor, 1890-1899. Joint Author
of _Text Book of Practical Physics_; &c.
Fog.
W. P. R.
HON. WILLIAM PEMBER REEVES.
Director of London School of Economics. Agent-General and High
Commissioner for New Zealand, 1896-1909. Minister of Education,
Labour and Justice, New Zealand, 1891-1896. Author of _The Long
White Cloud, a History of New Zealand_; &c.
Fox, Sir William.
W. R. S.
WILLIAM ROBERTSON SMITH, LL.D.
See the biographical article: SMITH, W. R.
Eve (_in part_).
W. R. E. H.
WILLIAM RICHARD EATON HODGKINSON, PH.D., F.R.S.
Professor of Chemistry and Physics, Ordnance College, Woolwich.
Formerly Professor of Chemistry and Physics, R.M.A., Woolwich.
Part Author of Valentin-Hodgkinson's _Practical Chemistry_; &c.
Explosives.
W. Sch.
SIR WILHELM SCHLICH, K.C.I.E., M.A., PH.D., F.R.S., F.L.S.
Professor of Forestry at the University of Oxford. Hon. Fellow of
St John's College. Author of _A Manual of Forestry_; _Forestry in
the United Kingdom_; _The Outlook of the World's Timber Supply_;
&c.
Forests and Forestry.
W. W. F.*
WILLIAM WARDE FOWLER, M.A.
Fellow of Lincoln College, Oxford. Sub-rector, 1881-1904. Gifford
Lecturer, Edinburgh University, 1908. Author of _The City-State of
the Greeks and Romans_; _The Roman Festivals of the Republican
Period_; &c.
Fortuna.
W. W. R.*
WILLIAM WALKER ROCKWELL, LIC. THEOL.
Assistant Professor of Church History, Union Theological Seminary,
New York. Author of _Die Doppelehe des Landgrafen Philipp von
Hessen_.
Ferrara-Florence, Council of.
Principal Unsigned Articles
Evil Eye. Fault. Fig. Fontenoy.
Excise. Federal Government. Filigree. Foot and Mouth
Execution. Federalist Party. Fir. Disease.
Executors and Fehmic Courts. Fives. Forest Laws.
Administrators. Felony. Fleurus. Forfarshire.
Exeter. Fez. Florida. Forgery.
Exile. Fezzan. Foix. Formosa.
Eylau. Fictions. Fold. Foundling
Famine. Fife. Fontenelle. Hospitals.
Fountain.
FOOTNOTE:
[1] A complete list, showing all individual contributors, appears in
the final volume.
ENCYCLOPAEDIA BRITANNICA
ELEVENTH EDITION
VOLUME X
EVANGELICAL CHURCH CONFERENCE, a convention of delegates from the
different Protestant churches of Germany. The conference originated in
1848, when the general desire for political unity made itself felt in
the ecclesiastical sphere as well. A preliminary meeting was held at
Sandhof near Frankfort in June of that year, and on the 21st of
September some five hundred delegates representing the Lutheran, the
Reformed, the United and the Moravian churches assembled at Wittenberg.
The gathering was known as _Kirchentag_ (church diet), and, while
leaving each denomination free in respect of constitution, ritual,
doctrine and attitude towards the state, agreed to act unitedly in
bearing witness against the non-evangelical churches and in defending
the rights and liberties of the churches in the federation. The
organization thus closely resembles that of the Free Church Federation
in England. The movement exercised considerable influence during the
middle of the 19th century. Though no _Kirchentag_, as such, has been
convened since 1871, its place has been taken by the _Kongress fur
innere Mission_, which holds annual meetings in different towns. There
is also a biennial conference of the evangelical churches held at
Eisenach to discuss matters of general interest. Its decisions have no
legislative force.
EVANGELICAL UNION, a religious denomination which originated in the
suspension of the Rev. James Morison (1816-1893), minister of a United
Secession congregation in Kilmarnock, Scotland, for certain views
regarding faith, the work of the Holy Spirit in salvation, and the
extent of the atonement, which were regarded by the supreme court of his
church as anti-Calvinistic and heretical. Morison was suspended by the
presbytery in 1841 and thereupon definitely withdrew from the Secession
Church. His father, who was minister at Bathgate, and two other
ministers, being deposed not long afterwards for similar opinions, the
four met at Kilmarnock on the 16th of May 1843 (two days before the
"Disruption" of the Free Church), and, on the basis of certain doctrinal
principles, formed themselves into an association under the name of the
Evangelical Union, "for the purpose of countenancing, counselling and
otherwise aiding one another, and also for the purpose of training up
spiritual and devoted young men to carry forward the work and 'pleasure
of the Lord.'" The doctrinal views of the new denomination gradually
assumed a more decidedly anti-Calvinistic form, and they began also to
find many sympathizers among the Congregationalists of Scotland. Nine
students were expelled from the Congregational Academy for holding
"Morisonian" doctrines, and in 1845 eight churches were disjoined from
the Congregational Union of Scotland and formed a connexion with the
Evangelical Union. The Union exercised no jurisdiction over the
individual churches connected with it, and in this respect adhered to
the Independent or Congregational form of church government; but those
congregations which originally were Presbyterian vested their government
in a body of elders. In 1889 the denomination numbered 93 churches; and
in 1896, after prolonged negotiation, the Evangelical Union was
incorporated with the Congregational Union of Scotland.
See _The Evangelical Union Annual; History of the Evangelical Union_,
by F. Ferguson (Glasgow, 1876); _The Worthies of the E. U._ (1883); W.
Adamson, _Life of Dr James Morison_ (1898).
EVANS, CHRISTMAS (1766-1838), Welsh Nonconformist divine, was born near
the village of Llandyssul, Cardiganshire, on the 25th of December 1766.
His father, a shoemaker, died early, and the boy grew up as an
illiterate farm labourer. At the age of seventeen, becoming servant to a
Presbyterian minister, David Davies, he was affected by a religious
revival and learned to read and write in English and Welsh. The
itinerant Calvinistic Methodist preachers and the members of the Baptist
church at Llandyssul further influenced him, and he soon joined the
latter denomination. In 1789 he went into North Wales as a preacher and
settled for two years in the desolate peninsula of Lleyn,
Carnarvonshire, whence he removed to Llangefni in Anglesey. Here, on a
stipend of L17 a year, supplemented by a little tract-selling, he built
up a strong Baptist community, modelling his organization to some extent
on that of the Calvinistic Methodists. Many new chapels were built, the
money being collected on preaching tours which Evans undertook in South
Wales.
In 1826 Evans accepted an invitation to Caerphilly, where he remained
for two years, removing in 1828 to Cardiff. In 1832, in response to
urgent calls from the north, he settled in Carnarvon and again undertook
the old work of building and collecting. He was taken ill on a tour in
South Wales, and died at Swansea on the 19th of July 1838. In spite of
his early disadvantages and personal disfigurement (he had lost an eye
in a youthful brawl), Christmas Evans was a remarkably powerful
preacher. To a natural aptitude for this calling he united a nimble mind
and an inquiring spirit; his character was simple, his piety humble and
his faith fervently evangelical. For a time he came under Sandemanian
influence, and when the Wesleyans entered Wales he took the Calvinist
side in the bitter controversies that were frequent from 1800 to 1810.
His chief characteristic was a vivid and affluent imagination, which
absorbed and controlled all his other powers, and earned for him the
name of "the Bunyan of Wales."
His works were edited by Owen Davies in 3 vols. (Carnarvon,
1895-1897). See the _Lives_ by D.R. Stephens (1847) and Paxton Hood
(1883).
EVANS, EVAN HERBER (1836-1896), Welsh Nonconformist divine, was born on
the 5th of July 1836, at Pant yr Onen near Newcastle Emlyn,
Cardiganshire. As a boy he saw something of the "Rebecca Riots," and
went to school at the neighbouring village of Llechryd. In 1853 he went
into business, first at Pontypridd and then at Merthyr, but next year
made his way to Liverpool. He decided to enter the ministry, and studied
arts and theology respectively at the Normal College, Swansea, and the
Memorial College, Brecon, his convictions being deepened by the
religious revival of 1858-1859. In 1862 he succeeded Thomas Jones as
minister of the Congregational church at Morriston near Swansea. In 1865
he became pastor of Salem church, Carnarvon, a charge which he occupied
for nearly thirty years despite many invitations to English pastorates.
In 1894 he became principal of the Congregational college at Bangor. He
died on the 30th of December 1896. He was chairman of the Welsh
Congregational Union in 1886 and of the Congregational Union of England
and Wales in 1892; and by his earnest ministry, his eloquence and his
literary work, especially in the denominational paper _Y Dysgedydd_, he
achieved a position of great influence in his country.
See _Life_ by H. Elvet Lewis.
EVANS, SIR GEORGE DE LACY (1787-1870), British soldier, was born at
Moig, Limerick, in 1787. He was educated at Woolwich Academy, and
entered the army in 1806 as a volunteer, obtaining an ensigncy in the
22nd regiment in 1807. His early service was spent in India, but he
exchanged into the 3rd Light Dragoons in order to take part in the
Peninsular War, and was present in the retreat from Burgos in 1812. In
1813 he was at Vittoria, and was afterwards employed in making a
military survey of the passes of the Pyrenees. He took part in the
campaign of 1814, and was present at Pampeluna, the Nive and Toulouse;
and later in the year he served with great distinction on the staff in
General Ross's Bladensburg campaign, and took part in the capture of
Washington and of Baltimore and the operations before New Orleans. He
returned to England in the spring of 1815, in time to take part in the
Waterloo campaign as assistant quartermaster-general on Sir T. Picton's
staff. As a member of the staff of the duke of Wellington he accompanied
the English army to Paris, and remained there during the occupation of
the city by the allies. He was still a substantive captain in the 5th
West India regiment, though a lieutenant-colonel by brevet, when he went
on half-pay in 1818. In 1830 he was elected M.P. for Rye in the Liberal
interest; but in the election of 1832 he was an unsuccessful candidate
both for that borough and for Westminster. For the latter constituency
he was, however, returned in 1833, and, except in the parliament of
1841-1846, he continued to represent it till 1865, when he retired from
political life. His parliamentary duties did not, however, interfere
with his career as a soldier. In 1835 he went out to Spain in command of
the Spanish Legion, recruited in England, and 9600 strong, which served
for two years in the Carlist War on the side of the queen of Spain. In
spite of great difficulties the legion won great distinction on the
battlefields of northern Spain, and Evans was able to say that no
prisoners had been taken from it in action, that it had never lost a gun
or an equipage, and that it had taken 27 guns and 1100 prisoners from
the enemy. He received several Spanish orders, and on his return in 1839
was made a colonel and K.C.B. In 1846 he became major-general; and in
1854, on the breaking-out of the Crimean War, he was made
lieutenant-general and appointed to command the 2nd division of the Army
of the East. At the battle of the Alma, where he received a severe
wound, his quick comprehension of the features of the combat largely
contributed to the victory. On the 26th of October he defeated a large
Russian force which attacked his position on Mount Inkerman. Illness and
fatigue compelled him a few days after this to leave the command of his
division in the hands of General Pennefather; but he rose from his
sick-bed on the day of the battle of Inkerman, the 5th of November, and,
declining to take the command of his division from Pennefather, aided
him in the long-protracted struggle by his advice. On his return
invalided to England in the following February, Evans received the
thanks of the House of Commons. He was made a G.C.B., and the university
of Oxford conferred on him the degree of D.C.L. In 1861 he was promoted
to the full rank of general. He died in London on the 9th of January
1870.
EVANS, SIR JOHN (1823-1908), English archaeologist and geologist, son of
the Rev. Dr A.B. Evans, head master of Market Bosworth grammar school,
was born at Britwell Court, Bucks, on the 17th of November 1823. He was
for many years head of the extensive paper manufactory of Messrs John
Dickinson at Nash Mills, Hemel Hempstead, but was especially
distinguished as an antiquary and numismatist. He was the author of
three books, standard in their respective departments: _The Coins of the
Ancient Britons_ (1864); _The Ancient Stone Implements, Weapons and
Ornaments of Great Britain_ (1872, 2nd ed. 1897); and _The Ancient
Bronze Implements, Weapons and Ornaments of Great Britain and Ireland_
(1881). He also wrote a number of separate papers on archaeological and
geological subjects--notably the papers on "Flint Implements in the
Drift" communicated in 1860 and 1862 to _Archaeologia_, the organ of the
Society of Antiquaries. Of that society he was president from 1885 to
1892, and he was president of the Numismatic Society from 1874 to the
time of his death. He also presided over the Geological Society,
1874-1876; the Anthropological Institute, 1877-1879; the Society of
Chemical Industry, 1892-1893; the British Association, 1897-1898; and
for twenty years (1878-1898) he was treasurer of the Royal Society. As
president of the Society of Antiquaries he was an _ex officio_ trustee
of the British Museum, and subsequently he became a permanent trustee.
His academic honours included honorary degrees from several
universities, and he was a corresponding member of the Institut de
France. He was created a K.C.B. in 1892. He died at Berkhamsted on the
31st of May 1908.
His eldest son, ARTHUR JOHN EVANS, born in 1851, was educated at
Brasenose College, Oxford, and Gottingen. He became fellow of Brasenose
and in 1884 keeper of the Ashmolean Museum at Oxford. He travelled in
Finland and Lapland in 1873-1874, and in 1875 made a special study of
archaeology and ethnology in the Balkan States. In 1893 he began his
investigations in Crete, which have resulted in discoveries of the
utmost importance concerning the early history of Greece and the eastern
Mediterranean (see AEGEAN CIVILIZATION AND CRETE). He is a member of all
the chief archaeological societies in Europe, holds honorary degrees at
Oxford, Edinburgh and Dublin, and is a fellow of the Royal Society. His
chief publications are: _Cretan Pictographs and Prae-Phoenician Script_
(1896); _Further Discoveries of Cretan and Aegean Script_ (1898); _The
Mycenaean Tree and Pillar Cult_ (1901); _Scripta Minoa_ (1909 foll.);
and reports on the excavations. He also edited with additions Freeman's
_History of Sicily_, vol. iv.
EVANS, OLIVER (1755-1819), American mechanician, was born at Newport,
Delaware, in 1755. He was apprenticed to a wheelwright, and at the age
of twenty-two he invented a machine for making the card-teeth used in
carding wool and cotton. In 1780 he became partner with his brothers,
who were practical millers, and soon introduced various labour-saving
appliances which both cheapened and improved the processes of
flour-milling. Turning his attention to the steam engine, he employed
steam at a relatively high pressure, and the plans of his invention
which he sent over to England in 1787 and in 1794-1795 are said to have
been seen by R. Trevithick, whom in that case he anticipated in the
adoption of the high-pressure principle. He made use of his engine for
driving mill machinery; and in 1803 he constructed a steam dredging
machine, which also propelled itself on land. In 1819 a disastrous fire
broke out in his factory at Pittsburg, and he did not long survive it,
dying at New York on the 21st of April 1819.
EVANSON, EDWARD (1731-1805), English divine, was born on the 21st of
April 1731 at Warrington, Lancashire. After graduating at Cambridge
(Emmanuel College) and taking holy orders, he officiated for several
years as curate at Mitcham. In 1768 he became vicar of South Mimms near
Barnet; and in November 1769 he was presented to the rectory of
Tewkesbury, with which he held also the vicarage of Longdon in
Worcestershire. In the course of his studies he discovered what he
thought important variance between the teaching of the Church of England
and that of the Bible, and he did not conceal his convictions. In
reading the service he altered or omitted phrases which seemed to him
untrue, and in reading the Scriptures pointed out errors in the
translation. A crisis was brought on by his sermon on the resurrection,
preached at Easter 1771; and in November 1773 a prosecution was
instituted against him in the consistory court of Gloucester. He was
charged with "depraving the public worship of God contained in the
liturgy of the Church of England, asserting the same to be superstitious
and unchristian, preaching, writing and conversing against the creeds
and the divinity of our Saviour, and assuming to himself the power of
making arbitrary alterations in his performance of the public worship."
A protest was at once signed and published by a large number of his
parishioners against the prosecution. The case was dismissed on
technical grounds, but appeals were made to the court of arches and the
court of delegates. Meanwhile Evanson had made his views generally known
by several publications. In 1772 appeared anonymously his _Doctrines of
a Trinity and the Incarnation of God, examined upon the Principles of
Reason and Common Sense_. This was followed in 1777 by _A Letter to Dr
Hurd, Bishop of Worcester, wherein the Importance of the Prophecies of
the New Testament and the Nature of the Grand Apostasy predicted in them
are particularly and impartially considered_. He also wrote some papers
on the Sabbath, which brought him into controversy with Joseph
Priestley, who published the whole discussion (1792). In the same year
appeared Evanson's work entitled _The Dissonance of the four generally
received Evangelists_, to which replies were published by Priestley and
David Simpson (1793). Evanson rejected most of the books of the New
Testament as forgeries, and of the four gospels he accepted only that of
St Luke. In his later years he ministered to a Unitarian congregation at
Lympston, Devonshire. In 1802 he published _Reflections upon the State
of Religion in Christendom_, in which he attempted to explain and
illustrate the mysterious foreshadowings of the Apocalypse. This he
considered the most important of his writings. Shortly before his death
at Colford, near Crediton, Devonshire, on the 25th of September 1805, he
completed his _Second Thoughts on the Trinity_, in reply to a work of
the bishop of Gloucester.
His sermons (prefaced by a Life by G. Rogers) were published in two
volumes in 1807, and were the occasion of T. Falconer's _Bampton
Lectures_ in 1811. A narrative of the circumstances which led to the
prosecution of Evanson was published by N. Havard, the town-clerk of
Tewkesbury, in 1778.
EVANSTON, a city of Cook county, Illinois, U.S.A., on the shore of Lake
Michigan, 12 m. N. of Chicago. Pop. (1900) 19,259, of whom 4441 were
foreign-born; (1910 U.S. census) 24,978. It is served by the Chicago &
North-Western, and the Chicago, Milwaukee & St Paul railways, and by two
electric lines. The city is an important residential suburb of Chicago.
In 1908 the Evanston public library had 41,430 volumes. In the city are
the College of Liberal Arts (1855), the Academy (1860), and the schools
of music (1895) and engineering (1908) of Northwestern University,
co-educational, chartered in 1851, opened in 1855, the largest school of
the Methodist Episcopal Church in America. In 1909-1910 it had
productive funds amounting to about $7,500,000, and, including all the
allied schools, a faculty of 418 instructors and 4487 students; its
schools of medicine (1869), law (1859), pharmacy (1886), commerce (1908)
and dentistry (1887) are in Chicago. In 1909 its library had 114,869
volumes and 79,000 pamphlets (exclusive of the libraries of the
professional schools in Chicago); and the Garrett Biblical Institute had
a library of 25,671 volumes and 4500 pamphlets. The university maintains
the Grand Prairie Seminary at Onarga, Iroquois county, and the Elgin
Academy at Elgin, Kane county. Enjoying the privileges of the
university, though actually independent of it, are the Garrett Biblical
Institute (Evanston Theological Seminary), founded in 1855, situated on
the university campus, and probably the best-endowed Methodist Episcopal
theological seminary in the United States, and affiliated with the
Institute, the Norwegian Danish Theological school; and the Swedish
Theological Seminary, founded at Galesburg in 1870, removed to Evanston
in 1882, and occupying buildings on the university campus until 1907,
when it removed to Orrington Avenue and Noyes Street. The Cumnock School
of Oratory, at Evanston, also co-operates with the university. By the
charter of the university the sale of intoxicating liquors is forbidden
within 4 m. of the university campus. The manufacturing importance of
the city is slight, but is rapidly increasing. The principal
manufactures are wrought iron and steel pipe, bakers' machinery and
bricks. In 1905 the value of the factory products was $2,550,529, being
an increase of 207.3% since 1900. In Evanston are the publishing offices
of the National Woman's Christian Temperance Union. Evanston was
incorporated as a town in 1863 and as a village in 1872, and was
chartered as a city in 1892. The villages of North Evanston and South
Evanston were annexed to Evanston in 1874 and 1892 respectively.
EVANSVILLE, a city and the county-seat of Vanderburg county, Indiana,
U.S.A., and a port of entry, on the N. bank of the Ohio river, 200 m.
below Louisville, Kentucky--measuring by the windings of the river,
which double the direct distance. Pop. (1890) 50,756; (1900) 59,007;
(1910 census) 69,647. Of the total population in 1900, 5518 were
negroes, 5626 were foreign-born (including 4380 from Germany and 384
from England), and 17,419 were of foreign parentage (both parents
foreign-born), and of these 13,910 were of German parentage. Evansville
is served by the Evansville & Terre Haute, the Evansville &
Indianapolis, the Illinois Central, the Louisville & Nashville, the
Louisville, Henderson & St Louis, and the Southern railways, by several
interurban electric lines, and by river steamboats. The city is situated
on a plateau above the river, and has a number of fine business and
public buildings, including the court house and city hall, the Southern
Indiana hospital for the insane, the United States marine hospital, and
the Willard library and art gallery, containing in 1908 about 30,000
volumes. The city's numerous railway connexions and its situation in a
coal-producing region (there are five mines within the city limits) and
on the Ohio river, which is navigable nearly all the year, combine to
make it the principal commercial and manufacturing centre of Southern
Indiana. It is in a tobacco-growing region, is one of the largest
hardwood lumber markets in the country, and has an important shipping
trade in pork, agricultural products, dried fruits, lime and limestone,
flour and tobacco. Among its manufactures in 1905 were flour and grist
mill products (value, $2,638,914), furniture ($1,655,246), lumber and
timber products ($1,229,533), railway cars ($1,118,376), packed meats
($998,428), woollen and cotton goods, cigars and cigarettes, malt
liquors, carriages and wagons, leather and canned goods. The value of
the factory products increased from $12,167,524 in 1900 to $19,201,716
in 1905, or 57.8%, and in the latter year Evansville ranked third among
the manufacturing cities in the state. The waterworks are owned and
operated by the city. First settled about 1812, Evansville was laid out
in 1817, and was named in honour of Robert Morgan Evans (1783-1844), one
of its founders, who was an officer under General W.H. Harrison in the
war of 1812. It soon became a thriving commercial town with an extensive
river trade, was incorporated in 1819, and received a city charter in
1847. The completion of the Wabash & Erie Canal, in 1853, from
Evansville to Toledo, Ohio, a distance of 400 m., greatly accelerated
the city's growth.
EVARISTUS, fourth pope (c. 98-105), was the immediate successor of
Clement.
EVARTS, WILLIAM MAXWELL (1818-1901), American lawyer, was born in Boston
on the 6th of February 1818. He graduated at Yale in 1837, was admitted
to the bar in New York in 1841, and soon took high rank in his
profession. In 1860 he was chairman of the New York delegation to the
Republican national convention. In 1861 he was an unsuccessful candidate
for the United States senatorship from New York. He was chief counsel
for President Johnson during the impeachment trial, and from July 1868
until March 1869 he was attorney-general of the United States. In 1872
he was counsel for the United States in the "Alabama" arbitration.
During President Hayes's administration (1877-1881) he was secretary of
state; and from 1885 to 1891 he was one of the senators from New York.
As an orator Senator Evarts stood in the foremost rank, and some of his
best speeches were published. He died in New York on the 28th of
February 1901.
EVE, the English transcription, through Lat. _Eva_ and Gr. [Greek: Eua],
of the Hebrew name [Hebrew: Hava] Havvah, given by Adam to his wife
because she was "mother of all living," or perhaps more strictly, "of
every group of those connected by female kinship" (see W.R. Smith,
_Kinship_, 2nd ed., p. 208), as if Eve were the personification of
mother-kinship, just as Adam ("man") is the personification of mankind.
[The abstract meaning "life" (LXX. [Greek: Zoe]), once favoured by
Robertson Smith, is at any rate unsuitable in a popular story.
Wellhausen and Noldeke would compare the Ar. _hayyatun_, "serpent," and
the former remarks that, if this is right, the Israelites received their
first ancestress from the Hivvites (Hivites), who were originally the
serpent-tribe (_Composition des Hexateuchs_, p. 343; cf. _Reste
arabischen Heidentums_, 2nd ed., p. 154). Cheyne, too, assumes a common
origin for Havvah and the Hivvites.]
Creation of Eve.
[The account of the origin of Eve (Gen. iii. 21-23) runs thus: "And
Yahweh-Elohim caused a deep sleep to fall upon the man, and he slept.
And he took one of his ribs, and closed up the flesh in its stead, and
the rib which Yahweh-Elohim had taken from the man he built up into a
woman, and he brought her to the man." Enchanted at the sight, the man
now burst out into elevated, rhythmic speech: "This one," he said, "at
length is bone of my bone and flesh of my flesh," &c.; to which the
narrator adds the comment, "Therefore doth a man forsake his father and
his mother, and cleave to his wife, and they become one flesh (body)."
Whether this comment implies the existence of the custom of _beena_,
marriage (W.R. Smith, _Kinship_, 2nd ed., p. 208), seems doubtful. It is
at least equally possible that the expression "his wife" simply reflects
the fact that among ordinary Israelites circumstances had quite
naturally brought about the prevalence of monogamy.[1] What the narrator
gives is not a doctrine of marriage, much less a precept, but an
explanation of a simple and natural phenomenon. How is it, he asks, that
a man is so irresistibly drawn towards a woman? And he answers: Because
the first woman was built up out of a rib of the first man. At the same
time it is plain that the already existing tendency towards monogamy
must have been powerfully assisted by this presentation of Eve's story
as well as by the prophetic descriptions of Yahweh's relation to Israel
under the figure of a monogamous union.]
New Testament application.
[The narrator is no rhetorician, and spares us a description of the
ideal woman. But we know that, for Adam, his strangely produced wife was
a "help (or helper) matching or corresponding to him"; or, as the
Authorized Version puts it, "a help meet for him" (ii. 18b). This does
not, of course, exclude subordination on the part of the woman; what is
excluded is that exaggeration of natural subordination which the
narrator may have found both in his own and in the neighbouring
countries, and which he may have regarded as (together with the pains of
parturition) the punishment of the woman's transgression (Gen. iii. 16).
His own ideal of woman seems to have made its way in Palestine by slow
degrees. An apocryphal book (Tobit viii. 6, 7) seems to contain the only
reference to the section till we come to the time of Christ, to whom the
comment in Gen. ii. 24 supplies the text for an authoritative
prohibition of divorce, which presupposes and sanctifies monogamy (Matt.
x. 7, 8; Matt. xix. 5). For other New Testament applications of the
story of Eve see 1 Cor. xi. 8, 9 (especially); 2 Cor. xi. 3; 1 Tim. ii.
13, 14; and in general cf. ADAM, and _Ency. Biblica_, "Adam and Eve."]
Imaginative or legendary developments.
[The seeming omissions in the Biblical narrative have been filled up by
imaginative Jewish writers.] The earliest source which remains to us is
the Book of Jubilees, or Leptogenesis, a Palestinian work (referred by
R.H. Charles to the century immediately preceding the Christian era; see
APOCALYPTIC LITERATURE). In this book, which was largely used by
Christian writers, we find a chronology of the lives of Adam and Eve and
the names of their daughters--Avan and Azura.[2] The Targum of Jonathan
informs us that Eve was created from the thirteenth rib of Adam's right
side, thus taking the view that Adam had a rib more than his
descendants. Some of the Jewish legends show clear marks of foreign
influence. Thus the notion that the first man was a double being,
afterwards separated into the two persons of Adam and Eve (_Berachot_,
61; _Erubin_, 18), may be traced back to Philo (_De mundi opif._ S53;
cf. _Quaest. in Gen._ lib. i. S25), who borrows the idea, and almost the
words, of the myth related by Aristophanes in the Platonic _Symposium_
(189 D, 190 A), which, in extravagant form, explains the passion of love
by the legend that male and female originally formed one body.
[A recent critic[3] (F. Schwally) even holds that this notion was
originally expressed in the account of the creation of man in Gen. i.
27. This involves a textual emendation, and one must at least admit that
the present text is not without difficulty, and that Berossus refers to
the existence of primeval monstrous androgynous beings according to
Babylonian mythology.] There is an analogous Iranian legend of the true
man, which parted into man and woman in the Bundahish[4] (the Parsi
Genesis), and an Indian legend, which, according to Spiegel, has
presumably an Iranian source.[5]
Course of Jewish and Christian interpretation.
[It has been remarked elsewhere (ADAM, S16) that though the later Jews
gathered material for thought very widely, such guidance as they
required in theological reflection was mainly derived from Greek
culture. What, for instance, was to be made of such a story as that in
Gen. ii.-iv.? To "minds trained under the influence of the Jewish
Haggada, in which the whole Biblical history is freely intermixed with
legendary and parabolic matter," the question as to the literal truth of
that story could hardly be formulated. It is otherwise when the Greek
leaven begins to work.]
Josephus, in the prologue to his _Archaeology_, reserves the problem of
the true meaning of the Mosaic narrative, but does not regard everything
as strictly literal. Philo, the great representative of Alexandrian
allegory, expressly argues that in the nature of things the trees of
life and knowledge cannot be taken otherwise than symbolically. His
interpretation of the creation of Eve is, as has been already observed,
plainly suggested by a Platonic myth. The longing for reunion which love
implants in the divided halves of the original dual man is the source of
sensual pleasure (symbolized by the serpent), which in turn is the
beginning of all transgression. Eve represents the sensuous or
perceptive part of man's nature, Adam the reason. The serpent,
therefore, does not venture to attack Adam directly. It is sense which
yields to pleasure, and in turn enslaves the reason and destroys its
immortal virtue. This exposition, in which the elements of the Bible
narrative become mere symbols of the abstract notions of Greek
philosophy, and are adapted to Greek conceptions of the origin of evil
in the material and sensuous part of man, was adopted into Christian
theology by Clement and Origen, notwithstanding its obvious
inconsistency with the Pauline anthropology, and the difficulty which
its supporters felt in reconciling it with the Christian doctrine of the
excellence of the married state (Clemens Alex. _Stromata_, p. 174).
These difficulties had more weight with the Western church, which, less
devoted to speculative abstractions and more deeply influenced by the
Pauline anthropology, refused, especially since Augustine, to reduce
Paradise and the fall to the region of pure _intelligibilia_; though a
spiritual sense was admitted along with the literal (Aug. _Civ. Dei_,
xiii. 21).[6]
The history of Adam and Eve became the basis of anthropological
discussions which acquired more than speculative importance from their
connexion with the doctrine of original sin and the meaning of the
sacrament of baptism. One or two points in Augustinian teaching may be
here mentioned as having to do particularly with Eve. The question
whether the soul of Eve was derived from Adam or directly infused by the
Creator is raised as an element in the great problem of traducianism and
creationism (_De Gen. ad lit._ lib. x.). And it is from Augustine that
Milton derives the idea that Adam sinned, not from desire for the
forbidden fruit, but because love forbade him to dissociate his fate
from Eve's (_ibid._ lib. xi. _sub fin._). Medieval discussion moved
mainly in the lines laid down by Augustine. A sufficient sample of the
way in which the subject was treated by the schoolmen may be found in
the _Summa_ of Thomas, pars i. qu. xcii. _De productione mulieris_.
The Reformers, always hostile to allegory, and in this matter especially
influenced by the Augustinian anthropology, adhered strictly to the
literal interpretation of the history of the Protoplasts, which has
continued to be generally identified with Protestant orthodoxy. The
disintegration of the confessional doctrine of sin in last century was
naturally associated with new theories of the meaning of the biblical
narrative; but neither renewed forms of the allegorical interpretation,
in which everything is reduced to abstract ideas about reason and
sensuality, nor the attempts of Eichhorn and others to extract a kernel
of simple history by allowing largely for the influence of poetical form
in so early a narrative, have found lasting acceptance. On the other
hand, the strict historical interpretation is beset with difficulties
which modern interpreters have felt with increasing force, and which
there is a growing disposition to solve by adopting in one or other form
what is called the _mythical_ theory of the narrative. But
interpretations pass under this now popular title which have no real
claim to be so designated. What is common to the "mythical"
interpretations is to find the real value of the narrative, not in the
form of the story, but in the thoughts which it embodies. But the story
cannot be called a myth in the strict sense of the word, unless we are
prepared to place it on one line with the myths of heathenism, produced
by the unconscious play of plastic fancy, giving shape to the
impressions of natural phenomena on primitive observers. Such a theory
does no justice to a narrative which embodies profound truths peculiar
to the religion of revelation. Other forms of the so-called mythical
interpretation are little more than abstract allegory in a new guise,
ignoring the fact that the biblical story does not teach general truths
which repeat themselves in every individual, but gives a view of the
purpose of man's creation, and of the origin of sin, in connexion with
the divine plan of redemption. Among his other services in refutation of
the unhistorical rationalism of last century, Kant has the merit of
having forcibly recalled attention to the fact that the narrative of
Genesis, even if we do not take it literally, must be regarded as
presenting a view of the beginnings of the history of the human race
(_Muthmasslicher Anfang der Menschengeschichte_, 1786) Those who
recognize this fact ought not to call themselves or be called by others
adherents of the mythical theory, although they also recognize that in
the nature of things the divine truths brought out in the history of the
creation and fall could not have been expressed either in the form of
literal history or in the shape of abstract metaphysical doctrine; or
even although they may hold--as is done by many who accept the narrative
as a part of supernatural revelation--that the specific biblical truths
which the narrative conveys are presented through the vehicle of a story
which, at least in some of its parts, may possibly be shaped by the
influence of legends common to the Hebrews with their heathen
neighbours. (W. R. S.; [T. K. C.])
FOOTNOTES:
[1] That polygamy had not become morally objectionable is shown by
the stories of Lamech, Abraham and Jacob.
[2] See West's authoritative translation in _Pahlavi Texts_ (Sacred
Books of the East).
[3] "Die bibl. Schopfungsberichte" (_Archiv fur
Religionswissenschaft_, ix. 171 ff.).
[4] Spiegel, _Eranische Alterthumskunde_, i. 511.
[5] Muir, _Sanscrit Texts_, vol. i. p. 25; cf. Spiegel, vol. i. p.
458.
[6] Thus in medieval theology Eve is a type of the church, and her
formation from the rib has a mystic reason, inasmuch as blood and
water (the sacraments of the church) flowed from the side of Christ
on the cross (Thomas, _Summa_, par. i. qu. xcii.).
EVECTION (Latin for "carrying away"), in astronomy, the largest
inequality produced by the action of the sun in the monthly revolution
of the moon around the earth. The deviation expressed by it has a
maximum amount of about 1 deg. 15' in either direction. It may be
considered as arising from a semi-annual variation in the eccentricity
of the moon's orbit and the position of its perigee. It was discovered
by Ptolemy.
EVELETH, a city of St Louis county, Minnesota, U.S.A., about 71 m.
N.N.W. of Duluth. Pop. (1900) 2752; (1905, state census) 5332, of whom
2975 were foreign-born (1145 Finns, 676 Austrians and 325 Swedes);
(1910) 7036. Eveleth is served by the Duluth, Missabe & Northern and the
Duluth & Iron Range railways. It lies in the midst of the great red and
brown hematite iron-ore deposits of the Mesabi Range--the richest in the
Lake Superior district--and the mining and shipping of this ore are its
principal industries. The municipality owns and operates the
water-works, the water being obtained from Lake Saint Mary, one of a
chain of small lakes lying S. of the city. Eveleth was first chartered
as a city in 1902.
EVELYN, JOHN (1620-1706), English diarist, was born at Wotton House,
near Dorking, Surrey, on the 31st of October 1620. He was the younger
son of Richard Evelyn, who owned large estates in the county, and was in
1633 high sheriff of Surrey and Sussex. When John Evelyn was five years
old he went to live with his mother's parents at Cliffe, near Lewes. He
refused to leave his "too indulgent" grandmother for Eton, and when on
her husband's death she married again, the boy went with her to
Southover, where he attended the free school of the place. He was
admitted to the Middle Temple in February 1637, and in May he became a
fellow commoner of Balliol College, Oxford. He left the university
without taking a degree, and in 1640 was residing in the Middle Temple.
In that year his father died, and in July 1641 he crossed to Holland. He
was enrolled as a volunteer in Apsley's company, then encamped before
Genep on the Waal, but his commission was apparently complimentary, his
military experience being limited to six days of camp life, during
which, however, he took his turn at "trailing a pike." He returned in
the autumn to find England on the verge of civil war. Evelyn's part in
the conflict is best told in his own words:--
"12th November was the battle of Brentford, surprisingly fought.... I
came in with my horse and arms just at the retreat; but was not
permitted to stay longer than the 15th by reason of the army marching
to Gloucester; which would have left both me and my brothers exposed
to ruin, without any advantage to his Majesty ... and on the 10th
[December] returned to Wotton, nobody knowing of my having been in his
Majesty's army."
At Wotton he employed himself in improving his brother's property,
making a fishpond, an island and other alterations in the gardens. But
he found it difficult to avoid taking a side; he was importuned to sign
the Covenant, and "finding it impossible to evade doing very unhandsome
things," he obtained leave in October 1643 from the king to travel
abroad. From this date his _Diary_ becomes full and interesting. He
travelled in France and visited the cities of Italy, returning in the
autumn of 1646 to Paris, where he became intimate with Sir Richard
Browne, the English resident at the court of France. In June of the
following year he married Browne's daughter and heiress, Mary, then a
child of not more than twelve years of age. Leaving his wife in the
care of her parents, he returned to England to settle his affairs. He
visited Charles I. at Hampton Court in 1647, and during the next two
years maintained a cipher correspondence with his father-in-law in the
royal interest. In 1649 he obtained a pass to return to Paris, but in
1650 paid a short visit to England. The defeat of Charles II. at
Worcester in 1651 convinced him that the royalist cause was hopeless,
and he decided to return to England. He went in 1652 to Sayes Court at
Deptford, a house which Sir Richard Browne had held on a lease from the
crown. This had been seized by the parliament, but Evelyn was able to
compound with the occupiers for L3500, and after the Restoration his
possession was secured. Here his wife joined him, their eldest son,
Richard, being born in August 1652. Under the Commonwealth Evelyn amused
himself with his favourite occupation of gardening, and made many
friends among the scientific inquirers of the time. He was one of the
promoters of the scheme for the Royal Society, and in the king's charter
in 1662 was nominated a member of its directing council. Meanwhile he
had refused employment from the government of the Commonwealth, and had
maintained a cipher correspondence with Charles. In 1659 he published an
_Apology for the Royal Party_, and in December of that year he vainly
tried to persuade Colonel Herbert Morley, then lieutenant of the Tower,
to forestall General Monk by declaring for the king. From the
Restoration onwards Evelyn enjoyed unbroken court favour till his death
in 1706; but he never held any important political office, although he
filled many useful and often laborious minor posts. He was commissioner
for improving the streets and buildings of London, for examining into
the affairs of charitable foundations, commissioner of the Mint, and of
foreign plantations. In 1664 he accepted the responsibility for the care
of the sick and wounded and the prisoners in the Dutch war. He stuck to
his post throughout the plague year, contenting himself with sending his
family away to Wotton. He found it impossible to secure sufficient money
for the proper discharge of his functions, and in 1688 he was still
petitioning for payment of his accounts in this business. Evelyn was
secretary of the Royal Society in 1672, and as an enthusiastic promoter
of its interests was twice (in 1682 and 1691) offered the presidency.
Through his influence Henry Howard, duke of Norfolk, was induced to
present the Arundel marbles to the university of Oxford (1667) and the
valuable Arundel library to Gresham College (1678). In the reign of
James II., during the earl of Clarendon's absence in Ireland, he acted
as one of the commissioners of the privy seal. He was seriously alarmed
by the king's attacks on the English Church, and refused on two
occasions to license the illegal sale of Roman Catholic literature. He
concurred in the revolution of 1688, in 1695 was entrusted with the
office of treasurer of Greenwich hospital for old sailors, and laid the
first stone of the new building on the 30th of June 1696. In 1694 he
left Sayes Court to live at Wotton with his brother, whose heir he had
become, and whom he actually succeeded in 1699. He spent the rest of his
life there, dying on the 27th of February 1706. Evelyn's house at Sayes
Court had been let to Captain, afterwards Admiral John Benbow, who was
not a "polite" tenant. He sublet it to Peter the Great, who was then
visiting the dockyard at Deptford. The tsar did great damage to Evelyn's
beautiful gardens, and, it is said, made it one of his amusements to
ride in a wheelbarrow along a thick holly hedge planted especially by
the owner. The house was subsequently used as a workhouse, and is now
alms-houses, the grounds having been converted into public gardens by Mr
Evelyn in 1886.
It will be seen that Evelyn's politics were not of the heroic order. But
he was honourable and consistent in his adherence to the monarchical
principle throughout his life. With the court of Charles II. he could
have had no sympathy, his dignified domestic life and his serious
attention to religion standing in the strongest contrast with the
profligacy of the royal surroundings. His _Diary_ is therefore a
valuable chronicle of contemporary events from the standpoint of a
moderate politician and a devout adherent of the Church of England. He
had none of Pepys's love of gossip, and was devoid of his all-embracing
curiosity, as of his diverting frankness of self-revelation. Both were
admirable civil servants, and they had a mutual admiration for each
other's sterling qualities. Evelyn's _Diary_ covers more than half a
century (1640-1706) crowded with remarkable events, while Pepys only
deals with a few years of Charles II.'s reign.
Evelyn was a generous art patron, and Grinling Gibbons was introduced by
him to the notice of Charles II. His domestic affections were very
strong. He had six sons, of whom John (1655-1699), the author of some
translations, alone reached manhood. He has left a pathetic account of
the extraordinary accomplishments of his son Richard, who died before he
was six years old, and of a daughter Mary, who lived to be twenty, and
probably wrote most of her father's _Mundus muliebris_ (1690). Of his
two other daughters, Susannah, who married William Draper of Addiscombe,
Surrey, survived him.
Evelyn's _Diary_ remained in MS. until 1818. It is in a quarto volume
containing 700 pages, covering the years between 1641 and 1697, and is
continued in a smaller book which brings the narrative down to within
three weeks of its author's death. A selection from this was edited by
William Bray, with the permission of the Evelyn family, in 1818, under
the title of _Memoirs illustrative of the Life and Writings of John
Evelyn, comprising his Diary from 1641 to 1705/6, and a Selection of
his Familiar Letters_. Other editions followed, the most notable being
those of Mr H.B. Wheatley (1879) and Mr Austin Dobson (3 vols., 1906).
Evelyn's active mind produced many other works, and although these
have been overshadowed by the famous _Diary_ they are of considerable
interest. They include: _Of Liberty and Servitude_ ... (1649), a
translation from the French of Francois de la Mothe le Vayer, Evelyn's
own copy of which contains a note that he was "like to be call'd in
question by the Rebells for this booke"; _The State of France, as it
stood in the IXth year of ... Louis XIII._ (1652); _An Essay on the
First Book of T. Lucretius Carus de Rerum Natura_. _Interpreted and
made English verse by J. Evelyn_ (1656); _The Golden Book of St John
Chrysostom, concerning the Education of Children_. _Translated out of
the Greek by J.E._ (printed 1658, dated 1659); _The French Gardener:
instructing how to cultivate all sorts of Fruit-trees_ ... (1658),
translated from the French of N. de Bonnefons; _A Character of
England_ ... (1659), describing the customs of the country as they
would appear to a foreign observer, reprinted in _Somers' Tracts_ (ed.
Scott, 1812), and in the _Harleian Miscellany_ (ed. Park, 1813); _The
Late News from Brussels unmasked_ ... (1660), in answer to a libellous
pamphlet on Charles I. by Marchmont Needham; _Fumifugium, or the
inconvenience of the Aer and Smoak of London dissipated_ (1661), in
which he suggested that sweet-smelling trees should be planted in
London to purify the air; _Instructions concerning erecting of a
Library_ ... (1661), from the French of Gabriel Naude; _Tyrannus or
the Mode, in a Discourse of Sumptuary Laws_ (1661); _Sculptura: or the
History and Art of Chalcography and Engraving in Copper_ ... (1662);
_Sylva, or a Discourse of Forest Trees ... to which is annexed Pomona
... Also Kalendarium Hortense_ ... (1664); _A Parallel of the Ancient
Architecture with the Modern_ ... (1664), from the French of Roland
Freart; _The History of the three late famous Imposters, viz. Padre
Ottomano, Mahomed Bei, and Sabatei Sevi_ ... (1669); _Navigation and
Commerce ... in which his Majesties title to the Dominion of the Sea
is asserted against the Novel and later Pretenders_ (1674), which is a
preface to a projected history of the Dutch wars undertaken at the
request of Charles II., but countermanded on the conclusion of peace;
_A Philosophical Discourse of Earth_ ... (1676), a treatise on
horticulture, better known by its later title of _Terra_; _The
Compleat Gardener_ ... (1693), from the French of J. de la Quintinie;
_Numismata_ ... (1697). Some of these were reprinted in _The
Miscellaneous Writings of John Evelyn_, edited (1825) by William
Upcott. Evelyn's friendship with Mary Blagge, afterwards Mrs
Godolphin, is recorded in the diary, when he says he designed "to
consecrate her worthy life to posterity." This he effectually did in a
little masterpiece of religious biography which remained in MS. in the
possession of the Harcourt family until it was edited by Samuel
Wilberforce, bishop of Oxford, as the _Life of Mrs Godolphin_ (1847),
reprinted in the "King's Classics" (1904). The picture of Mistress
Blagge's saintly life at court is heightened in interest when read in
connexion with the scandalous memoirs of the comte de Gramont, or
contemporary political satires on the court. Numerous other papers and
letters of Evelyn on scientific subjects and matters of public
interest are preserved, a collection of private and official letters
and papers (1642-1712) by, or addressed to, Sir Richard Browne and his
son-in-law being in the British Museum (_Add. MSS._ 15857 and 15858).
Next to the _Diary_ Evelyn's most valuable work is _Sylva_. By the
glass factories and iron furnaces the country was being rapidly
depleted of wood, while no attempt was being made to replace the
damage by planting. Evelyn put in a plea for afforestation, and
besides producing a valuable work on arboriculture, he was able to
assert in his preface to the king that he had really induced
landowners to plant many millions of trees.
EVERDINGEN, ALLART VAN (1621-?1675), Dutch painter and engraver, the son
of a government clerk at Alkmaar, was born, it is said, in 1621, and
educated, if we believe an old tradition, under Roeland Savery at
Utrecht. He wandered in 1645 to Haarlem, where he studied under Peter de
Molyn, and finally settled about 1657 at Amsterdam, where he remained
till his death. It would be difficult to find a greater contrast than
that which is presented by the works of Savery and Everdingen. Savery
inherited the gaudy style of the Breughels, which he carried into the
17th century; whilst Everdingen realized the large and effective system
of coloured and powerfully shaded landscape which marks the precursors
of Rembrandt. It is not easy on this account to believe that Savery was
Everdingen's master, while it is quite within the range of probability
that he acquired the elements of landscape painting from de Molyn.
Pieter de Molyn, by birth a Londoner, lived from 1624 till 1661 in
Haarlem. He went periodically on visits to Norway, and his works, though
scarce, exhibit a broad and sweeping mode of execution, differing but
slightly from that transferred at the opening of the 17th century from
Jan van Goyen to Solomon Ruysdael. His etchings have nearly the breadth
and effect of those of Everdingen. It is still an open question when de
Molyn wielded influence on his clever disciple. Alkmaar, a busy trading
place near the Texel, had little of the picturesque for an artist except
polders and downs or waves and sky. Accordingly we find Allart at first
a painter of coast scenery. But on one of his expeditions he is said to
have been cast ashore in Norway, and during the repairs of his ship he
visited the inland valleys, and thus gave a new course to his art. In
early pieces he cleverly represents the sea in motion under varied, but
mostly clouded, aspects of sky. Their general intonation is strong and
brown, and effects are rendered in a powerful key, but the execution is
much more uniform than that of Jacob Ruysdael. A dark scud lowering on a
rolling sea near the walls of Flushing characterizes Everdingen's "Mouth
of the Schelde" in the Hermitage at St Petersburg. Storm is the marked
feature of sea-pieces in the Staedel or Robartes collections; and a
strand with wreckers at the foot of a cliff in the Munich Pinakothek may
be a reminiscence of personal adventure in Norway. But the Norwegian
coast was studied in calms as well as in gales; and a fine canvas at
Munich shows fishermen on a still and sunny day taking herrings to a
smoking hut at the foot of a Norwegian crag. The earliest of
Everdingen's sea-pieces bears the date of 1640. After 1645 we meet with
nothing but representations of inland scenery, and particularly of
Norwegian valleys, remarkable alike for wildness and a decisive depth of
tone. The master's favourite theme is a fall in a glen, with mournful
fringes of pines interspersed with birch, and log-huts at the base of
rocks and craggy slopes. The water tumbles over the foreground, so as to
entitle the painter to the name of "inventor of cascades." It gives
Everdingen his character as a precursor of Jacob Ruysdael in a certain
form of landscape composition; but though very skilful in arrangement
and clever in effects, Everdingen remains much more simple in execution;
he is much less subtle in feeling or varied in touch than his great and
incomparable countryman. Five of Everdingen's cascades are in the museum
of Copenhagen alone: of these, one is dated 1647, another 1649. In the
Hermitage at St Petersburg is a fine example of 1647; another in the
Pinakothek at Munich was finished in 1656. English public galleries
ignore Everdingen; but one of his best-known masterpieces is the
Norwegian glen belonging to Lord Listowel. Of his etchings and drawings
there are much larger and more numerous specimens in England than
elsewhere. Being a collector as well as an engraver and painter, he
brought together a large number of works of all kinds and masters; and
the sale of these by his heirs at Amsterdam on the 11th of March 1676
gives an approximate clue to the date of the painter's death.
His two brothers, Jan and Caesar, were both painters. CAESAR VAN
EVERDINGEN (1606-1679), mainly known as a portrait painter, enjoyed some
vogue during his life, and many of his pictures are to be seen in the
museums and private houses of Holland. They show a certain cleverness,
but are far from entitling him to rank as a master.
EVEREST, SIR GEORGE (1790-1866), British surveyor and geographer, was
the son of Tristram Everest of Gwerndale, Brecknockshire, and was born
there on the 4th of July 1790. From school at Marlow he proceeded to the
military academy at Woolwich, where he attracted the special notice of
the mathematical master, and passed so well in his examinations that he
was declared fit for a commission before attaining the necessary age.
Having gone to India in 1806 as a cadet in the Bengal Artillery, he was
selected by Sir Stamford Raffles to take part in the reconnaissance of
Java (1814-1816); and after being employed in various engineering works
throughout India, he was appointed in 1818 assistant to Colonel Lambton,
the founder of the great trigonometrical survey of that country. In
1823, on Colonel Lambton's death, he succeeded to the post of
superintendent of the survey; in 1830 he was appointed by the court of
directors of the East India Company surveyor-general of India; and from
that date till his retirement from the service in 1843 he continued to
discharge the laborious duties of both offices. During the rest of his
life he resided in England, where he became fellow of the Royal Society
and an active member of several other scientific associations. In 1861
he was made a C.B. and received the honour of knighthood, and in 1862 he
was chosen vice-president of the Royal Geographical Society. He died at
Greenwich on the 1st of December 1866. The geodetical labours of Sir
George Everest rank among the finest achievements of their kind; and
more especially his measurement of the meridional arc of India, 11-1/2
deg. in length, is accounted as unrivalled in the annals of the science.
In
great part the Indian survey is what he made it.
His works are purely professional:--A paper in vol. i. of the _Memoirs
of the Royal Astronomical Society_, pointing out a mistake in La
Caille's measurement of an arc of the meridian which he had discovered
during sick-leave at the Cape of Good Hope; _An account of the
measurement of the arc of the meridian between the parallels of 18
deg. 3' and 24 deg. 7', being a continuation of the Grand Meridional
Arc of India, as detailed by Lieut.-Col. Lambton in the volumes of the
Asiatic Society of Calcutta_ (London, 1830); _An account of the
measurement of two sections of the Meridional Arc of India bounded by
the parallels of 18 deg. 3' 15", 24 deg. 7' 11", and 20 deg. 30' 48"_
(London, 1847).
EVEREST, MOUNT, the highest mountain in the world. It is a peak of the
Himalayas situated in Nepal almost precisely on the intersection of the
meridian 87 E. long. with the parallel 28 N. lat. Its elevation as at
present determined by trigonometrical observation is 29,002 ft., but it
is possible that further investigation into the value of refraction at
such altitudes will result in placing the summit even higher. It has
been confused with a peak to the west of it called Gaurisankar (by
Schlagintweit), which is more than 5000 ft. lower; but the observations
of Captain Wood from peaks near Khatmandu, in Nepal, and those of the
same officer, and of Major Ryder, from the route between Lhasa and the
sources of the Brahmaputra in 1904, have definitely fixed the relative
position of the two mountain masses, and conclusively proved that there
is no higher peak than Everest in the Himalayan system. The peak
possesses no distinctive native name and has been called Everest after
Sir George Everest (q.v.), who completed the trigonometrical survey of
the Himalayas in 1841 and first fixed its position and altitude.
(T. H. H.*)
EVERETT, ALEXANDER HILL (1790-1847), American author and diplomatist,
was born in Boston, Massachusetts, on the 19th of March 1790. He was the
son of Rev. Oliver Everett (1753-1802), a Congregational minister in
Boston, and the brother of Edward Everett. He graduated at Harvard in
1806, taking the highest honours of his year, though the youngest member
of his class. He spent one year as a teacher in Phillips Academy,
Exeter, New Hampshire, and then began the study of law in the office of
John Quincy Adams. In 1809 Adams was appointed minister to Russia, and
Everett accompanied him as his private secretary, remaining attached to
the American legation in Russia until 1811. He was secretary of the
American legation at The Hague in 1815-1816, and _charge d'affaires_
there from 1818 to 1824. From 1825 to 1829, during the presidency of
John Quincy Adams, he was the United States minister to Spain. At that
time Spain recognized none of the governments established by her
revolted colonies, and Everett became the medium of all communications
between the Spanish government and the several nations of Spanish origin
which had been established, by successful revolutions, on the other side
of the ocean. Everett was a member of the Massachusetts legislature in
1830-1835, was president of Jefferson College in Louisiana in 1842-1844,
and was appointed commissioner of the United States to China in 1845,
but did not go to that country until the following year, and died on the
29th of May 1847 at Canton, China. Everett, however, is known rather as
a man of letters than as a diplomat. In addition to numerous articles,
published chiefly in the _North American Review_, of which he was the
editor from 1829 to 1835, he wrote: _Europe, or a General Survey of the
Political Situation of the Principal Powers, with Conjectures on their
Future Prospects_ (1822), which attracted considerable attention in
Europe and was translated into German, French and Spanish; _New Ideas on
Population_ (1822); _America, or a General Survey of the Political
Situation of the Several Powers of the Western Continent, with
Conjectures on their Future Prospects_ (1827), which was translated into
several European languages; a volume of _Poems_ (1845); and _Critical
and Miscellaneous Essays_ (first series, 1845; second series, 1847).
EVERETT, CHARLES CARROLL (1829-1900), American divine and philosopher,
was born on the 19th of June 1829, at Brunswick, Maine. He studied at
Bowdoin College, where he graduated in 1850, after which he proceeded to
Berlin. Subsequently he took a degree in divinity at the Harvard
Divinity School. From 1859 to 1869 he was pastor of the Independent
Congregational (Unitarian) church at Bangor, Maine. This charge he
resigned to take the Bussey professorship of theology at Harvard
University, and, in 1878, became dean of the faculty of theology.
Interested in a variety of subjects, he devoted himself chiefly to the
philosophy of religion, and published _The Science of Thought_ (Boston,
1869; revised 1891). He also wrote _Fichte's Science of Knowledge_
(1884); _Poetry, Comedy and Duty_ (1888); _Religions before
Christianity_ (1883); _Ethics for Young People_ (1891); _The Gospel of
Paul_ (1892). He died at Cambridge on the 16th of October 1900.
EVERETT, EDWARD (1794-1865), American statesman and orator, was born in
Dorchester, Massachusetts, on the 11th of April 1794. He was the son of
Rev. Oliver Everett and the brother of Alexander Hill Everett (q.v.).
His father died in 1802, and his mother removed to Boston with her
family after her husband's death. At seventeen Edward Everett graduated
from Harvard College, taking first honours in his class. While at
college he was the chief editor of _The Lyceum_, the earliest in the
series of college journals published at the American Cambridge. His
earlier predilections were for the study of law, but the advice of
Joseph Stevens Buckminster, a distinguished preacher in Boston, led him
to prepare for the pulpit, and as a preacher he at once distinguished
himself. He was called to the ministry of the Brattle Street church
(Unitarian) in Boston before he was twenty years old. His sermons
attracted wide attention in that community, and he gained a considerable
reputation as a theologian and a controversialist by his publication in
1814 of a volume entitled _Defence of Christianity_, written in answer
to a work, _The Grounds of Christianity Examined_ (1813), by George
Bethune English (1787-1828), an adventurer, who, born in Cambridge,
Massachusetts, was in turn a student of law and of theology, an editor
of a newspaper, and a soldier of fortune in Egypt. Everett's tastes,
however, were then, as always, those of a scholar; and in 1815, after a
service of little more than a year in the pulpit, he resigned his charge
to accept a professorship of Greek literature in Harvard College.
After nearly five years spent in Europe in preparation, he entered with
enthusiasm on his duties, and, for five years more, gave a vigorous
impulse, not only to the study of Greek, but to all the work of the
college. In January 1820 he assumed the charge of the _North American
Review_, which now became a quarterly; and he was indefatigable during
the four years of his editorship in contributing on a great variety of
subjects. From 1825 to 1835 he was a member of the National House of
Representatives, supporting generally the administration of President
J.Q. Adams and opposing that of Jackson, which succeeded it. He bore a
part in almost every important debate, and was a member of the committee
of foreign affairs during the whole time of his service in Congress.
Everett was a member of nearly all the most important select committees,
such as those on the Indian relations of the state of Georgia, the
Apportionment Bill, and the Bank of the United States, and drew the
report either of the majority or the minority. The report on the
congress of Panama, the leading measure of the first session of the
Nineteenth Congress, was drawn up by Everett, although he was the
youngest member of the committee and had just entered Congress. He led
the unsuccessful opposition to the Indian policy of General Jackson (the
removal of the Cherokee and other Indians, without their consent, from
lands guaranteed to them by treaty).
In 1835 he was elected governor of Massachusetts. He brought to the
duties of the office the untiring diligence which was the characteristic
of his public life. We can only allude to a few of the measures which
received his efficient support, e.g. the establishment of the board of
education (the first of such boards in the United States), the
scientific surveys of the state (the first of such public surveys), the
criminal law commission, and the preservation of a sound currency during
the panic of 1837.
Everett filled the office of governor for four years, and was then
defeated by a single vote, out of more than one hundred thousand. The
election is of interest historically as being the first important
American election where the issue turned on the question of the
prohibition of the retail sale of intoxicating liquors. In the following
spring he made a visit with his family to Europe. In 1841, while
residing in Florence, he was named United States minister to Great
Britain, and arrived in London to enter upon the duties of his mission
at the close of that year. Great questions were at that time open
between the two countries--the north-eastern boundary, the affair of
M'Leod, the seizure of American vessels on the coast of Africa, in the
course of a few months the affair of the "Creole," to which was soon
added the Oregon question. His position was more difficult by reason of
the frequent changes that took place in the department at home, which,
in the course of four years, was occupied successively by Messrs
Webster, Legare, Upshur, Calhoun and Buchanan. From all these gentlemen
Everett received marks of approbation and confidence.
By the institution of the special mission of Lord Ashburton, however,
the direct negotiations between the two governments were, about the time
of Everett's arrival in London, transferred to Washington, though much
business was transacted at the American legation in London.
Immediately after the accession of Polk to the presidency Everett was
recalled. From January 1846 to 1849, as the successor of Josiah Quincy,
he was president of Harvard College. On the death, in October 1852, of
his friend Daniel Webster, to whom he had always been closely attached,
and of whom he was always a confidential adviser, he succeeded him as
secretary of state, which post he held for the remaining months of
Fillmore's administration, leaving it to go into the Senate in 1853, as
one of the representatives of Massachusetts. Under the work of the long
session of 1853-1854 his health gave way. In May 1854 he resigned his
seat, on the orders of his physician, and retired to what was called
private life.
But, as it proved, the remaining ten years of his life most widely
established his reputation and influence throughout America. As early as
1820 he had established a reputation as an orator, such as few men in
later days have enjoyed. He was frequently invited to deliver an
"oration" on some topic of historical or other interest. With him these
"orations," instead of being the ephemeral entertainments of an hour,
became careful studies of some important theme. Eager to avert, if
possible, the impending conflict of arms between the North and South,
Everett prepared an "oration" on George Washington, which he delivered
in every part of America. In this way, too, he raised more than one
hundred thousand dollars, for the purchase of the old home of Washington
at Mount Vernon. Everett also prepared for the _Encyclopaedia
Britannica_ a biographical sketch of Washington, which was published
separately in 1860. In 1860 Everett was the candidate of the short-lived
Constitutional-Union party for the vice-presidency, on the ticket with
John Bell (q.v.), but received only 39 electoral votes. During the Civil
War he zealously supported the national government and was called upon
in every quarter to speak at public meetings. He delivered the last of
his great orations at Gettysburg, after the battle, on the consecration
of the national cemetery there. On the 9th of January 1865 he spoke at a
public meeting in Boston to raise funds for the southern poor in
Savannah. At that meeting he caught cold, and the immediate result was
his death on the 15th of January 1865.
In Everett's life and career was a combination of the results of
diligent training, unflinching industry, delicate literary tastes and
unequalled acquaintance with modern international politics. This
combination made him in America an entirely exceptional person. He was
never loved by the political managers; he was always enthusiastically
received by assemblies of the people. He would have said himself that
the most eager wish of his life had been for the higher education of his
countrymen. His orations have been collected in four volumes
(1850-1859). A work on international law, on which he was engaged at his
death, was never finished. Allibone records 84 titles of his books and
published addresses. (E. E. H.)
EVERETT, a city of Middlesex county, Massachusetts, U.S.A., adjoining
Chelsea and 3 m. N. of Boston, of which it is a residential suburb. Pop.
(1880) 4159; (1890) 11,068; (1900) 24,336, of whom 6882 were
foreign-born; (1910 census) 33,484. It covers an area of about 3 sq. m.
and is served by the Boston & Maine railway and by interurban electric
lines. Everett has the Frederick E. Parlin memorial library (1878), the
Shute memorial library (1898), the Whidden memorial hospital and
Woodlawn cemetery (176 acres). The principal manufactures are coke,
chemicals and boots and shoes; among others are iron and structural
steel. According to the U.S. Census of Manufactures (1905), "the coke
industry in Everett is unique, inasmuch as illuminating gas is the
primary product and coke really a by-product, while the coal used is
brought from mines located in Nova Scotia." The value of the city's
total factory product increased from $4,437,180 in 1900 to $6,135,650 in
1905 or 38.3%. Everett was first settled about 1630, remaining a part of
Malden (and being known as South Malden) until 1870, when it was
incorporated as a township. It was chartered as a city in 1892.
EVERETT, a city, a sub-port of entry, and the county-seat of Snohomish
county, Washington, U.S.A., on Puget Sound, at the mouth of the
Snohomish river, about 35 m. N. of Seattle. Pop. (1900) 7838; (1910 U.S.
census) 24,814. The city is served by the Northern Pacific and the Great
Northern railways, being the western terminus of the latter's main
transcontinental line, by interurban electric railway, and by several
lines of Sound and coasting freight and passenger steamboats. Everett
has a fine harbour with several large iron piers. Among its principal
buildings are a Carnegie library, a Y.M.C.A. building and two hospitals.
The buildings of the Pacific College were erected here by the United
Norwegian Lutheran Church in 1908. The city is in a rich lumbering,
gardening, farming, and copper-, gold- and silver-mining district. There
is a U.S. assayer's office here, and there are extensive shipyards, a
large paper mill, iron works, and, just outside the city limits, the
smelters of the American Smelters Securities Company, in connexion with
which is one of the two plants in the United States for saving arsenic
from smelter fumes. Lumber interests, however, are of most importance,
and here are some of the largest lumber plants in the Pacific Northwest.
Red-cedar shingles are an important product. Everett was settled in 1891
and was incorporated in 1893. Its rapid growth is due to its favourable
situation as a commercial port, its transportation facilities, and its
nearness to extensive forests whence the material for its chief
industries is obtained.
EVERGLADES, an American lake, about 8000 sq. m. in area, in which are
numerous half-submerged islands; situated in the southern part of
Florida, U.S.A., in Lee, De Soto, Dade and St Lucie counties. West of it
is the Big Cypress Swamp. The floor of the lake is a limestone basin,
extending from Lake Okechobee in the N. to the extreme S. part of the
state, and the lake varies in depth from 1 to 12 ft., its water being
pure and clear. The surface is above tide level, and the lake is
enclosed, probably on all sides, within an outcropping limestone rim,
averaging about 10 ft. above mean low tide, and approaching much nearer
to the Atlantic on the E. than to the gulf on the W. There are several
small outlets, such as the Miami river and the New river on the E. and
the Shark river on the S.W., but no streams empty into the Everglades,
and the water-supply is furnished by springs and precipitation. There is
a general south-easterly movement of the water. The soil of the islands
is very fertile and is subject to frequent inundations, but gradually
the water area is being replaced by land. The vegetation is luxuriant,
the live oak, wild lemon, wild orange, cucumber, papaw, custard apple
and wild rubber trees being among the indigenous species; there are,
besides, many varieties of wild flowers, the orchids being especially
noteworthy. The fauna is also varied; the otter, alligator and crocodile
are found, also the deer and panther, and among the native birds are the
ibis, egret, heron and limpkin. There are two seasons, wet and dry, but
the climate is equable.
Systematic exploration has been prevented by the dense growth of saw
grass (_Cladium effusum_), a kind of sedge, with sharp, saw-toothed
leaves, which grows everywhere on the muck-covered rock basin and
extends several feet above the shallow water. The first white man to
enter the region was Escalente de Fontenada, a Spanish captive of an
Indian chief, who named the lake Laguno del Espiritu Santo and the
islands Cayos del Espiritu Santo. Between 1841 and 1856 various United
States military forces penetrated the Everglades for the purpose of
attacking and driving out the Seminoles, who took refuge here. The most
important explorations during the later years of the 19th century were
those of Major Archie P. Williams in 1883, James E. Ingraham in 1892 and
Hugh L. Willoughby in 1897. The Seminole Indians were in 1909
practically the only inhabitants. In 1850 under the "Arkansas Bill," or
Swamp and Overflow Act, practically all of the Everglades, which the
state had been urging the federal government to drain and reclaim, were
turned over to the state for that purpose, with the provision that all
proceeds from such lands be applied to their reclamation. A board of
trustees for the Internal Improvement Fund, created in 1855 and having
as members _ex officio_ the governor, comptroller, treasurer,
attorney-general and commissioner-general, sold and allowed to railway
companies much of the grant. Between 1881 and 1896 a private company
owning 4,000,000 acres of the Everglades attempted to dig a canal from
Lake Okechobee through Lake Hicpochee and along the Caloosahatchee river
to the Gulf of Mexico; the canal was closed in 1902 by overflows. Six
canals were begun under state control in 1905 from the lake to the
Atlantic, the northernmost at Jensen, the southernmost at Ft.
Lauderdale; the total cost, estimated at $1,035,000 for the reclamation
of 12,500 sq. m., is raised by a drainage tax (not to exceed 10 cents
per acre) levied by the trustees of the Internal Improvement Fund and
Board of Drainage commissioners. The small area reclaimed prior to that
year (1905) was found very fertile and particularly adapted to raising
sugar-cane, oranges and garden truck.
See Hugh L. Willoughby's _Across the Everglades_ (Philadelphia, 1898),
and especially an article "The Everglades of Florida" by Edwin A. Dix
and John M. MacGonigle, in the _Century Magazine_ for February 1905.
EVERGREEN, a general term applied to plants which are always in leaf, as
contrasted with deciduous trees which are bare for some part of the year
(see HORTICULTURE). In temperate or colder zones where a season
favourable to vegetation is succeeded by an unfavourable or winter
season, leaves of evergreens must be protected from the frost and cold
drying winds, and are therefore tougher or more leathery in texture than
those of deciduous trees, and frequently, as in pines, firs and other
conifers, are needle-like, thus exposing a much smaller surface to the
drying action of cold winds. The number of seasons for which the leaves
last varies in different plants; every season some of the older leaves
fall, while new ones are regularly produced. The common English bramble
is practically evergreen, the leaves lasting through winter and until
the new leaves are developed next spring. In privet also the leaves fall
after the production of new ones in the next year. In other cases the
leaves last several years, as in conifers, and may sometimes be found on
eleven-year-old shoots.
EVERLASTING, or IMMORTELLE, a plant belonging to the division
_Tubuliflorae_ of the natural order Compositae, known botanically as
_Helichrysum orientale_. It is a native of North Africa, Crete, and the
parts of Asia bordering on the Mediterranean; and it is cultivated in
many parts of Europe. It first became known in Europe about the year
1629, and has been cultivated since 1815. In common with several other
plants of the same group, known as "everlastings," the immortelle plant
possesses a large involucre of dry scale-like or scarious bracts, which
preserve their appearance when dried, provided the plant be gathered in
proper condition. The chief supplies of _Helichrysum orientale_ come
from lower Provence, where it is cultivated in large quantities on the
ground sloping to the Mediterranean, in positions well exposed to the
sun, and usually in plots surrounded by dry stone walls. The finest
flowers are grown on the slopes of Bandols and Ciotat, where the plant
begins to flower in June. It requires a light sandy or stony soil, and
is very readily injured by rain or heavy dews. It can be propagated in
quantity by means of offsets from the older stems. The flowering stems
are gathered in June, when the bracts are fully developed, all the
fully-expanded and immature flowers being pulled off and rejected. A
well-managed plantation is productive for eight or ten years. The plant
is tufted in its growth, each plant producing 60 or 70 stems, while each
stem produces an average of 20 flowers. About 400 such stems weigh a
kilogramme. A hectare of ground will produce 40,000 plants, bearing from
2,400,000 to 2,800,000 stems, and weighing from 5-1/2 to 6-1/2 tons, or
from 2 to 3 tons per acre. The colour of the bracts is a deep yellow.
The natural flowers are commonly used for garlands for the dead, or
plants dyed black are mixed with the yellow ones. The plant is also dyed
green or orange-red, and thus employed for bouquets or other ornamental
purposes.
Other species of _Helichrysum_ and species of allied genera with
scarious heads of flowers are also known as "everlastings." One of the
best known is the Australian species _H. bracteatum_, with several
varieties, including double forms, of different colours; _H. vestitum_
(Cape of Good Hope) has white satiny heads. Others are species of
_Helipterum_ (West Australia and South Africa), _Ammobium_ and _Waitzia_
(Australia) and _Xeranthemum_ (south Europe). Several members of the
natural order Amarantaceae have also "everlasting" flowers; such are
_Gomphrena globosa_, with rounded or oval heads of white, orange, rose
or violet, scarious bracts, and _Celosia pyramidalis_, with its elegant,
loose, pyramidal inflorescences. Frequently these everlastings are mixed
with bleached grasses, as _Lagurus ovatus_, _Briza maxima_, _Bromus
brizaeformis_, or with the leaves of the Cape silver tree (_Leucadendron
argenteum_), to form bouquets or ornamental groups.
EVERSLEY, CHARLES SHAW LEFEVRE, VISCOUNT (1794-1888), speaker of the
British House of Commons, eldest son of Mr Charles Shaw (who assumed his
wife's name of Lefevre in addition to his own on his marriage), was born
in London on the 22nd of February 1794, and educated at Winchester and
at Trinity College, Cambridge. He was called to the bar in 1819, and
though a diligent student was also a keen sportsman. Marrying a daughter
of Mr Samuel Whitbread, whose wife was the sister of Earl Grey,
afterwards premier, he thus became connected with two influential
political families, and in 1830 he entered the House of Commons as
member for Downton, in the Liberal interest. In 1831 he was returned,
after a severe contest, as one of the county members for Hampshire, in
which he resided; and after the passing of the Reform Act of 1832 he was
elected for the Northern Division of the county. For some years Mr Shaw
Lefevre was chairman of a committee on petitions for private bills. In
1835 he was chairman of a committee on agricultural distress, but as his
report was not accepted by the House, he published it as a pamphlet
addressed to his constituents. He acquired a high reputation in the
House of Commons for his judicial fairness, combined with singular tact
and courtesy, and when Mr James Abercromby retired in 1839, he was
nominated as the Liberal candidate for the chair. The Conservatives put
forward Henry Goulburn, but Mr Shaw Lefevre was elected by 317 votes to
299. The period was one of fierce party conflict, and the debates were
frequently very acrimonious; but the dignity, temper and firmness of the
new speaker were never at fault. In 1857 he had served longer than any
of his predecessors, except the celebrated Arthur Onslow (1691-1768),
who was speaker for more than 33 years in five successive parliaments.
Retiring on a pension, he was raised to the peerage as Viscount Eversley
of Heckfield, in the county of Southampton. His appearances in the House
of Lords were very infrequent, but in his own county he was active in
the public service. From 1859 he was an ecclesiastical commissioner, and
he was also appointed a trustee of the British Museum. He died on the
28th of December 1888, the viscountcy becoming extinct.
His younger brother, SIR JOHN GEORGE SHAW LEFEVRE (1797-1879), who was
senior wrangler at Cambridge in 1818, had a long and distinguished
career as a public official. He was under-secretary for the colonies,
and had much to do with the introduction of the new poor law in 1834,
and with the foundation of the colony of South Australia; then having
served on several important commissions he was made clerk of the
parliaments in 1855, and in the same year became one of the first civil
service commissioners. He helped to found the university of London, of
which he was vice-chancellor for twenty years, and also the Athenaeum
Club. He died on the 20th of August 1879.
The latter's son, GEORGE JOHN SHAW LEFEVRE (b. 1832), was created Baron
Eversley in 1906, in recognition of long and prominent services to the
Liberal party. He had filled the following offices:--civil lord of the
admiralty, 1856; secretary to the board of trade, 1869-1871;
under-secretary, home office, 1871; secretary to the admiralty,
1871-1874; first commissioner of works, 1881-1883; postmaster-general,
1883-1884; first commissioner of works, 1892-1893; president of local
government board, 1894-1895; chairman of royal commission on
agriculture, 1893-1896.
EVESHAM, a market-town and municipal borough in the Evesham
parliamentary division of Worcestershire, England, 107 m. W.N.W. of
London by the Great Western railway, and 15 m. S.E. by E. of Worcester,
with a station on the Redditch-Ashchurch branch of the Midland railway.
Pop. (1901) 7101. It lies on the right (north) bank of the Avon, in the
rich and beautiful Vale of Evesham. The district is devoted to
market-gardening and orchards, and the trade of the town is mainly
agricultural. Evesham is a place of considerable antiquity, a
Benedictine house having been founded here by St Egwin in the 8th
century. It became a wealthy abbey, but was almost wholly destroyed at
the Dissolution. The churchyard, however, is entered by a Norman
gateway, and there survives also a magnificent isolated bell-tower
dating from 1533, of the best ornate Perpendicular workmanship. The
abbey walls surround the churchyard, but almost the only other remnant
is a single Decorated arch. Close to the bell-tower, however, are the
two parish churches of St Lawrence and of All Saints, the former of the
16th century, the latter containing Early English work, and the ornate
chapel of Abbot Lichfield, who erected the bell-tower. Other buildings
include an Elizabethan town hall, the grammar school, founded by Abbot
Lichfield, and the picturesque almonry. The borough includes the parish
of Bengeworth St Peter, on the left bank of the river. Evesham is
governed by a mayor, 4 aldermen and 12 councillors. Area, 2265 acres.
Evesham (_Homme_, _Ethomme_) grew up around the Benedictine abbey, and
had evidently become of some importance as a trading centre in 1055,
when Edward the Confessor gave it a market and the privileges of a
commercial town. It is uncertain when the town first became a borough,
but the Domesday statement that the men paid 20s. may indicate the
existence of a more or less organized body of tradesmen. Before 1482 the
burgesses were holding the town at a fee farm rent of twenty marks, but
the abbot still had practical control of the town, and his steward
presided over the court at which the bailiffs were chosen. After the
Dissolution the manor with the markets and fairs and other privileges
was granted to Sir Philip Hoby, who increased his power over the town by
persuading the burgesses to agree that, after they had nominated six
candidates for the office of bailiff, the steward of the court
instructed by him should indicate the two to be chosen. This privilege
was contested by Queen Elizabeth, but when the case was taken before the
court of the exchequer it was decided in favour of Sir Philip's heir,
Sir Edward Hoby. In 1604 James I. granted the burgesses their first
charter, but in the following year, by a second charter, he incorporated
Evesham with the village of Bengeworth, and granted that the borough
should be governed by a mayor and seven aldermen, to whom he gave the
power of holding markets and fairs and several other privileges which
had formerly belonged to the lord of the manor. Evesham received two
later charters, but in 1688 that of 1605 was restored and still remains
the governing charter of the borough. Evesham returned two members to
parliament in 1295 and again in 1337, after which date the privilege
lapsed until 1604. Its two members were reduced to one by the act of
1867, and the borough was disfranchised in 1885.
Evesham gave its name to the famous battle, fought on the 4th of August
1265, between the forces of Simon de Montfort, earl of Leicester, and
the royalist army under Prince Edward. After a masterly campaign, in
which the prince had succeeded in defeating Leicester in the valleys of
the Severn and Usk, and had destroyed the forces of the younger Montfort
at Kenilworth before he could effect a junction with the main body, the
royalist forces approached Evesham in the morning of the 4th of August
in time to intercept Leicester's march towards Kenilworth. Caught in the
bend of the river Avon by the converging columns, and surrounded on all
sides, the old earl attempted to cut his way out of the town to the
northward. At first the fury of his assault forced back the superior
numbers of the prince; but Simon's Welsh levies melted away and his
enemies closed the last avenue of escape. The final struggle took place
on Green Hill, a little to the north-west of the town, where the devoted
friends of de Montfort formed a ring round their leader, and died with
him. The spot is marked with an obelisk.
EVIDENCE (Lat. _evidentia_, _evideri_, to appear clearly), a term which
may be defined briefly as denoting the facts presented to the mind of a
person for the purpose of enabling him to decide a disputed question.
Evidence in the widest sense includes all such facts, and reference may
be made to the article LOGIC for the science or art of dealing with the
proper way of drawing correct conclusions and the nature of proof. In a
narrower sense, however, evidence includes in English law only such
facts as are allowed to be so presented in the course of judicial
proceedings. Thus we say that a fact is not evidence, meaning thereby
that it is not admissible as evidence in accordance with the rules of
English law. The law of legal evidence is part of the law of procedure.
It determines the kinds of evidence which may be produced in judicial
proceedings, and regulates the mode in which, and the conditions under
which, evidence may be produced and tested.
History.
The English law of evidence is of comparatively modern growth. It
enshrines certain maxims, some derived from Roman law, some invented by
Coke, who, as J.B. Thayer says, "spawned Latin maxims freely." But for
the most part it was built up by English judges in the course of the
18th century, and consists of this judge-made law, as modified by
statutory enactments of the 19th century. Early Teutonic procedure knew
nothing of evidence in the modern sense, just as it knew nothing of
trials in the modern sense. What it knew was "proofs." There were two
modes of proof, ordeals and oaths. Both were appeals to the
supernatural. The judicial combat was a bilateral ordeal. Proof
followed, instead of preceding, judgment. A judgment of the court,
called by German writers the _Beweisurteil_, and by M.M. Bigelow the
"medial judgment," awarded that one of the two litigants must prove his
case, by his body in battle, or by a one-sided ordeal, or by an oath
with oath-helpers, or by the oaths of witnesses. The court had no desire
to hear or weigh conflicting testimony. To do so would have been to
exercise critical faculties, which the court did not possess, and the
exercise of which would have been foreign to the whole spirit of the
age. The litigant upon whom the burden of furnishing proof was imposed
had a certain task to perform. If he performed it, he won; if he failed,
he lost. The number of oath-helpers varied in different cases, and was
determined by the law or by the court. They were probably, at the
outset, kinsmen, who would have had to take up the blood-feud. At a
later stage they became witnesses to character. In the cases,
comparatively rare, where the oaths of witnesses were admitted as proof,
their oaths differed materially from the sworn testimony of modern
courts. As a rule no one could testify to a fact unless, when the fact
happened, he was solemnly "taken to witness." Then, when the witness was
adduced, he came merely to swear to a set formula. He did not make a
promissory oath to answer questions truly. He merely made an assertory
oath in a prescribed form.
In the course of the 12th and 13th centuries the old formal accusatory
procedure began to break down, and to be superseded by another form of
procedure known as _inquisitio_, inquest, or _enquete_. Its decay was
hastened by the decree of the fourth Lateran Council in 1215, which
forbade ecclesiastics to take part in ordeals. The Norman administrative
system introduced into England by the Conquest was familiar with a
method of ascertaining and determining facts by means of a verdict,
return or finding made on oath by a body of men drawn from the locality.
The system may be traced to Carolingian, and even earlier, sources.
Henry II., by instituting the grand assize and the four petty assizes,
placed at the disposal of litigants in certain actions the opportunity
of giving proof by the verdict of a sworn inquest of neighbours, proof
"by the country." The system was gradually extended to other cases,
criminal as well as civil. The verdict given was that of persons having
a general, but not necessarily a particular, acquaintance with the
persons, places and facts to which the inquiry related. It was, in fact,
a finding by local popular opinion. Had the finding of such an inquest
been treated as final and conclusive in criminal cases, English criminal
procedure might, like the continental inquisition, the French _enquete_,
have taken the path which, in the forcible language of Fortescue (_De
laudibus_, &c.) "leads to hell" (_semita ipsa est ad gehennam_).
Fortunately English criminal procedure took a different course. The
spirit of the old accusatory procedure was applied to the new procedure
by inquest. In serious cases the words of the jurors, the accusing
jurors, were treated not as testimony, but as accusation, the new
indictment was treated as corresponding to the old appeal, and the
preliminary finding by the accusing jury had to be supplemented by the
verdict of another jury. In course of time the second jury were required
to base their findings not on their own knowledge, but on evidence
submitted to them. Thus the modern system of inquiry by grand jury and
trial by petty jury was gradually developed.
A few words may here be said about the parallel development of criminal
procedure on the continent of Europe. The tendency in the 12th and 13th
centuries to abolish the old formal methods of procedure, and to give
the new procedure the name of inquisition or inquest, was not peculiar
to England. Elsewhere the old procedure was breaking down at the same
time, and for similar reasons. It was the great pope Innocent III., the
pope of the fourth Lateran Council, who introduced the new
inquisitorial procedure into the canon law. The procedure was applied to
cases of heresy, and, as so applied, especially by the Dominicans,
speedily assumed the features which made it infamous. "Every safeguard
of innocence was abolished or disregarded; torture was freely used.
Everything seems to have been done to secure a conviction." Yet, in
spite of its monstrous defects, the inquisitorial procedure of the
ecclesiastical courts, secret in its methods, unfair to the accused,
having torture as an integral element, gradually forced its way into the
temporal courts, and may almost be said to have been adopted by the
common law of western Europe. In connexion with this inquisitorial
procedure continental jurists elaborated a theory of evidence, or
judicial proofs, which formed the subject of an extensive literature.
Under the rules thus evolved full proof (_plena probatio_) was essential
for conviction, in the absence of confession, and the standard of full
proof was fixed so high that it was in most cases unattainable. It
therefore became material to obtain confession by some means or other.
The most effective means was torture, and thus torture became an
essential feature in criminal procedure. The rules of evidence attempted
to graduate the weight to be attached to different kinds of testimony
and almost to estimate that weight in numerical terms. "Le parlement de
Toulouse," said Voltaire, "a un usage tres singulier dans les preuves
par temoins. On admet ailleurs des demi-preuves, ... mais a Toulouse on
admet des quarts et des huitiemes de preuves." Modern continental
procedure, as embodied in the most recent codes, has removed the worst
features of inquisitorial procedure, and has shaken itself free from the
trammels imposed by the old theory and technical rules of proof. But in
this, as in other branches of law, France seems to have paid the penalty
for having been first in the field with codification by lagging behind
in material reforms. The French Code of Criminal Procedure was largely
based on Colbert's Ordonnance of 1670, and though embodying some
reforms, and since amended on certain points, still retains some of the
features of the unreformed procedure which was condemned in the 18th
century by Voltaire and the _philosophes_. Military procedure is in the
rear of civil procedure, and the trial of Captain Dreyfus at Rennes in
1899 presented some interesting archaisms. Among these were the weight
attached to the rank and position of witnesses as compared with the
intrinsic character of their evidence, and the extraordinary importance
attributed to confession even when made under suspicious circumstances
and supported by flimsy evidence.
The history of criminal procedure in England has been traced by Sir
James Stephen. The modern rules and practice as to evidence and
witnesses in the common law courts, both in civil and in criminal cases,
appear to have taken shape in the course of the 18th century. The first
systematic treatise on the English law of evidence appears to have been
written by Chief Baron Gilbert, who died in 1726, but whose _Law of
Evidence_ was not published until 1761. In writing it he is said to have
been much influenced by Locke.[1] It is highly praised by Blackstone as
"a work which it is impossible to abstract or abridge without losing
some beauty and destroying the charm of the whole"; but Bentham, who
rarely agrees with Blackstone, speaks of it as running throughout "in
the same strain of anility, garrulity, narrow-mindedness, absurdity,
perpetual misrepresentation and indefatigable self-contradiction." In
any case it remained the standard authority on the law of evidence
throughout the remainder of the 18th century. Bentham wrote his
_Rationale of Judicial Evidence, specially applied to English Practice_,
at various times between the years 1802 and 1812. By this time he had
lost the nervous and simple style of his youth, and required an editor
to make him readable. His great interpreter, Dumont, condensed his views
on evidence into the _Traite des preuves judiciaires_, which was
published in 1823. The manuscript of the _Rationale_ was edited for
English reading, and to a great extent rewritten, by J.S. Mill, and was
published in five volumes in 1827. The book had a great effect both in
England and on the continent. The English version, though crabbed and
artificial in style, and unmeasured in its invective, is a storehouse of
comments and criticisms on the principles of evidence and the practice
of the courts, which are always shrewd and often profound. Bentham
examined the practice of the courts by the light of practical utility.
Starting from the principle that the object of judicial evidence is the
discovery of truth, he condemned the rules which excluded some of the
best sources of evidence. The most characteristic feature of the
common-law rules of evidence was, as Bentham pointed out, and, indeed,
still is, their exclusionary character. They excluded and prohibited the
use of certain kinds of evidence which would be used in ordinary
inquiries. In particular, they disqualified certain classes of witnesses
on the ground of interest in the subject-matter of the inquiry, instead
of treating the interest of the witness as a matter affecting his
credibility. It was against this confusion between competency and
credibility that Bentham directed his principal attack. He also attacked
the system of paper evidence, evidence by means of affidavits instead of
by oral testimony in court, which prevailed in the court of chancery,
and in ecclesiastical courts. Subsequent legislation has endorsed his
criticisms. The Judicature Acts have reduced the use of affidavits in
chancery proceedings within reasonable limits. A series of acts of
parliament have removed, step by step, almost all the disqualifications
which formerly made certain witnesses incompetent to testify.
Before Bentham's work appeared, an act of 1814 had removed the
incompetency of ratepayers as witnesses in certain cases relating to
parishes. The Civil Procedure Act 1833 enacted that a witness should not
be objected to as incompetent, solely on the ground that the verdict or
judgment would be admissible in evidence for or against him. An act of
1840 removed some doubts as to the competency of ratepayers to give
evidence in matters relating to their parish. The Evidence Act 1843
enacted broadly that witnesses should not be excluded from giving
evidence by reason of incapacity from crime or interest. The Evidence
Act 1851 made parties to legal proceedings admissible witnesses subject
to a proviso that "nothing herein contained shall render any person who
in any criminal proceeding is charged with the commission of any
indictable offence, or any offence punishable on summary conviction,
competent or compellable to give evidence for or against himself or
herself, or shall render any person compellable to answer any question
tending to criminate himself or herself, or shall in any criminal
proceeding render any husband competent or compellable to give evidence
for or against his wife, or any wife competent or compellable to give
evidence for or against her husband." The Evidence (Scotland) Act 1853
made a similar provision for Scotland. The Evidence Amendment Act 1853
made the husbands and wives of parties admissible witnesses, except that
husbands and wives could not give evidence for or against each other in
criminal proceedings or in proceedings for adultery, and could not be
compelled to disclose communications made to each other during marriage.
Under the Matrimonial Causes Act 1857 the petitioner can be examined and
cross-examined on oath at the hearing, but is not bound to answer any
question tending to show that he or she has been guilty of adultery.
Under the Matrimonial Causes Act 1859, on a wife's petition for
dissolution of marriage on the ground of adultery coupled with cruelty
or desertion, husband and wife are competent and compellable to give
evidence as to the cruelty or desertion. The Crown Suits &c. Act 1865
declared that revenue proceedings were not to be treated as criminal
proceedings for the purposes of the acts of 1851 and 1853. The Evidence
Further Amendment Act 1869 declared that parties to actions for breach
of promise of marriage were competent to give evidence in the action,
subject to a proviso that the plaintiff should not recover unless his or
her testimony was corroborated by some other material evidence. It also
made the parties to proceedings instituted in consequence of adultery,
and their husbands and wives, competent to give evidence, but a witness
in any such proceeding, whether a party or not, is not to be liable to
be asked or bound to answer any question tending to show that he or she
has been guilty of adultery, unless the witness has already given
evidence in the same proceeding in disproof of the alleged adultery.
There are similar provisions applying to Scotland in the Conjugal Rights
(Scotland) Amendment Act 1861, and the Evidence Further Amendment
(Scotland) Act 1874. The Evidence Act 1877 enacts that "on the trial of
any indictment or other proceeding for the non-repair of any public
highway or bridge, or for a nuisance to any public highway, river, or
bridge, and of any other indictment or proceeding instituted for the
purpose of trying or enforcing a civil right only, every defendant to
such indictment or proceeding, and the wife or husband of any such
defendant shall be admissible witnesses and compellable to give
evidence." From 1872 onwards numerous enactments were passed making
persons charged with particular offences, and their husbands and wives,
competent witnesses. The language and effect of these enactments were
not always the same, but the insertion of some provision to this effect
in an act creating a new offence, especially if it was punishable by
summary proceedings, gradually became almost a common form in
legislation. In the year 1874 a bill to generalize these particular
provisions, and to make the evidence of persons charged with criminal
offences admissible in all cases was introduced by Mr Gladstone's
government, and was passed by the standing committee of the House of
Commons. During the next fourteen years bills for the same purpose were
repeatedly introduced, either by the government of the day, or by Lord
Bramwell as an independent member of the House of Lords. Finally the
Criminal Evidence Act 1898, introduced by Lord Halsbury, has enacted in
general terms that "every person charged with an offence, and the wife
or husband, as the case may be, of the person so charged, shall be a
competent witness for the defence at every stage of the proceedings,
whether the person so charged is charged solely or jointly with any
other person." But this general enactment is qualified by some special
restrictions, the nature of which will be noticed below. The act applies
to Scotland but not to Ireland. It was not to apply to proceedings in
courts-martial unless so applied by general orders or rules made under
statutory authority. The provisions of the act have been applied by
rules to military courts-martial, but have not yet been applied to naval
courts-martial. The removal of disqualifications for want of religious
belief is referred to below under the head of "Witnesses."
Literature.
The act of 1898 finishes for the present the history of English
legislation on evidence. For a view of the legal literature on the
subject it is necessary to take a step backwards. Early in the 19th
century Chief Baron Gilbert was superseded as an authority on the
English law of evidence by the books of Phillips (1814) and Starkie
(1824), who were followed by Roscoe (_Nisi Prius_, 1827; Criminal
Cases, 1835), Greenleaf (American, 1842), Taylor (based on Greenleaf,
1848), and Best (1849). In 1876 Sir James FitzJames Stephen brought
out his _Digest of the Law of Evidence_, based upon the Indian
Evidence Act 1872, which he had prepared and passed as law member of
the council of the governor-general of India. This Digest obtained a
rapid and well-deserved success, and has materially influenced the
form of subsequent writings on the English law of evidence. It sifted
out what Stephen conceived to be the main rules of evidence from the
mass of extraneous matter in which they had been embedded. Roscoe's
Digests told the lawyer what things must be proved in order to sustain
particular actions or criminal charges, and related as much to
pleadings and to substantive law as to evidence proper. Taylor's two
large volumes were a vast storehouse of useful information, but his
book was one to consult, not to master. Stephen eliminated much of
this extraneous matter, and summed up his rules in a series of
succinct propositions, supplemented by apt illustrations, and couched
in such a form that they could be easily read and remembered. Hence
the English Digest, like the Indian Act, has been of much educational
value. Its most original feature, but unfortunately also its weakest
point, is its theory of relevancy. Pondering the multitude of
"exclusionary" rules which had been laid down by the English courts,
Stephen thought that he had discovered the general principle on which
those rules reposed, and could devise a formula by which the principle
could be expressed. "My study of the subject," he says, "both
practically and in books has convinced me that the doctrine that all
facts in issue and relevant to the issue, and no others, may be
proved, is the unexpressed principle which forms the centre of and
gives unity to all the express negative rules which form the great
mass of the law." The result was the chapter on the relevancy of facts
in the Indian Evidence Act, and the definition of relevancy in s. 7 of
that act. This definition was based on the view that a distinction
could be drawn between things which were and things which were not
causally connected with each other, and that relevancy depended on
causal connexion. Subsequent criticism convinced Stephen that his
definition was in some respects too narrow and in others too wide, and
eventually he adopted a definition out of which all reference to
causality was dropped. But even in their amended form the provisions
about relevancy are open to serious criticism. The doctrine of
relevancy, i.e. of the probative effect of facts, is a branch of
logic, not of law, and is out of place both in an enactment of the
legislature and in a compendium of legal rules. The necessity under
which Stephen found himself of extending the range of relevant facts
by making it include facts "deemed to be relevant," and then narrowing
it by enabling the judge to exclude evidence of facts which are
relevant, illustrates the difference between the rules of logic and
the rules of law. Relevancy is one thing; admissibility is another;
and the confusion between them, which is much older than Stephen, is
to be regretted. Rightly or wrongly English judges have, on practical
grounds, declared inadmissible evidence of facts, which are relevant
in the ordinary sense of the term, and which are so treated in
non-judicial inquiries. Under these circumstances the attempt so to
define relevancy as to make it conterminous with admissibility is
misleading, and most readers of Stephen's Act and Digest would find
them more intelligible and more useful if "admissible" were
substituted for "relevant" throughout. Indeed it is hardly too much to
say that Stephen's doctrine of relevancy is theoretically unsound and
practically useless. The other parts of the work contain terse and
vigorous statements of the law, but a Procrustean attempt to make
legal rules square with a preconceived theory has often made the
language and arrangement artificial, and the work, in spite of its
compression, still contains rules which, under a more scientific
treatment, would find their appropriate place in other branches of the
law. These defects are characteristic of a strong and able man, who
saw clearly, and expressed forcibly what he did see, but was apt to
ignore or to deny the existence of what he did not see, whose mind was
vigorous rather than subtle or accurate, and who, in spite of his
learning, was somewhat deficient in the historical sense. But
notwithstanding these defects, the conspicuous ability of the author,
his learning, and his practical experience, especially in criminal
cases, attach greater weight to FitzJames Stephen's statements than to
those of any other English writer on the law of evidence.
Rules.
The object of every trial is, or may be, to determine two classes of
questions or issues, which are usually distinguished as questions of
law, and questions of fact, although the distinction between them is not
so clear as might appear on a superficial view. In a trial by jury these
two classes of questions are answered by different persons. The judge
lays down the law. The jury, under the guidance of the judge, find the
facts. It was with reference to trial by jury that the English rules of
evidence were originally framed; it is by the peculiarities of this form
of trial that many of them are to be explained; it is to this form of
trial alone that some of the most important of them are exclusively
applicable. The negative, exclusive, or exclusionary rules which form
the characteristic features of the English law of evidence, are the
rules in accordance with which the judge guides the jury. There is no
difference of principle between the method of inquiry in judicial and in
non-judicial proceedings. In either case a person who wishes to find out
whether a particular event did or did not happen, tries, in the first
place, to obtain information from persons who were present and saw what
happened (direct evidence), and, failing this, to obtain information
from persons who can tell him about facts from which he can draw an
inference as to whether the event did or did not happen (indirect
evidence). But in judicial inquiries the information given must be given
on oath, and be liable to be tested by cross-examination. And there are
rules of law which exclude from the consideration of the jury certain
classes of facts which, in an ordinary inquiry, would, or might, be
taken into consideration. Facts so excluded are said to be "not
admissible as evidence," or "not evidence," according as the word is
used in the wider or in the narrower sense. And the easiest way of
determining whether a fact is or is not evidence in the narrower sense,
is first to consider whether it has any bearing on the question to be
tried, and, if it has, to consider whether it falls within any one or
more of the rules of exclusion laid down by English law. These rules of
exclusion are peculiar to English law and to systems derived from
English law. They have been much criticized, and some of them have been
repealed or materially modified by legislation. Most of them may be
traced to directions given by a judge in the course of trying a
particular case, given with special reference to the circumstances of
that case, but expressed in general language, and, partly through the
influence of text-writers, eventually hardened into general rules. In
some cases their origin is only intelligible by reference to obsolete
forms of pleading or practice. But in most cases they were originally
rules of convenience laid down by the judge for the assistance of the
jury. The judge is a man of trained experience, who has to arrive at a
conclusion with the help of twelve untrained men, and who is naturally
anxious to keep them straight, and give them every assistance in his
power. The exclusion of certain forms of evidence assists the jury by
concentrating their attention on the questions immediately before them,
and by preventing them from being distracted or bewildered by facts
which either have no bearing on the question before them, or have so
remote a bearing on those questions as to be practically useless as
guides to the truth. It also prevents a jury from being misled by
statements the effect of which, through the prejudice they excite, is
out of all proportion to their true weight. In this respect the rules of
exclusion may be compared to blinkers, which keep a horse's eyes on the
road before him. In criminal cases the rules of exclusion secure fair
play to the accused, because he comes to the trial prepared to meet a
specific charge, and ought not to be suddenly confronted by statements
which he had no reason to expect would be made against him. They protect
absent persons against statements affecting their character. And lastly
they prevent the infinite waste of time which would ensue in the
discussion of a question of fact if an inquiry were allowed to branch
out into all the subjects with which that fact is more or less
connected. The purely practical grounds on which the rules are based,
according to the view of a great judge, may be illustrated by some
remarks of Mr Justice Willes (1814-1872). In discussing the question
whether evidence of the plaintiff's conduct on other occasions ought to
be admitted, he said:--
"It is not easy in all cases to draw the line and to define with
accuracy where probability ceases and speculation begins; but we are
bound to lay down the rule to the best of our ability. No doubt the
rule as to confining the evidence to that which is relevant and
pertinent to the issue is one of great importance, not only as regards
the particular case, but also with reference to saving the time of the
court, and preventing the minds of the jury from being drawn away from
the real point they have to decide.... Now it appears to me that the
evidence proposed to be given in this case, if admitted, would not
have shown that it was more probable that the contract was subject to
the condition insisted upon by the defendant. The question may be put
thus, Does the fact of a person having once or many times in his life
done a particular act in a particular way make it more probable that
he has done the same thing in the same way upon another and different
occasion? To admit such speculative evidence would, I think, be
fraught with great danger.... If such evidence were held admissible it
would be difficult to say that the defendant might not in any case,
where the question was whether or not there had been a sale of goods
on credit, call witnesses to prove that the plaintiff had dealt with
other persons upon a certain credit; or, in an action for an assault,
that the plaintiff might not give evidence of former assaults
committed by the defendant upon other persons, or upon other persons
of a particular class, for the purpose of showing that he was a
quarrelsome individual, and therefore that it was highly probable that
the particular charge of assault was well founded. The extent to which
this sort of thing might be carried is inconceivable.... To obviate
the prejudices, the injustice, and the waste of time to which the
admission of such evidence would lead, and bearing in mind the extent
to which it might be carried, and that litigants are mortal, it is
necessary not only to adhere to the rule, but to lay it down strictly.
I think, therefore, the fact that the plaintiff had entered into
contracts of a particular kind with other persons on other occasions
could not be properly admitted in evidence where no custom of trade
to make such contracts, and no connexion between such and the one in
question, was shown to exist" (_Hollingham v. Head_, 1858, 4 C.B. N.S.
388).
There is no difference between the principles of evidence in civil and
in criminal cases, although there are a few special rules, such as those
relating to confessions and to dying declarations, which are only
applicable to criminal proceedings. But in civil proceedings the issues
are narrowed by mutual admissions of the parties, more use is made of
evidence taken out of court, such as affidavits, and, generally, the
rules of evidence are less strictly applied. It is often impolitic to
object to the admission of evidence, even when the objection may be
sustained by previous rulings. The general tendency of modern procedure
is to place a more liberal and less technical construction on rules of
evidence, especially in civil cases. In recent volumes of law reports
cases turning on the admissibility of evidence are conspicuous by their
rarity. Various causes have operated in this direction. One of them has
been the change in the system of pleading, under which each party now
knows before the actual trial the main facts on which his opponent
relies. Another is the interaction of chancery and common-law practice
and traditions since the Judicature Acts. In the chancery courts the
rules of evidence were always less carefully observed, or, as
Westminster would have said, less understood, than in the courts of
common law. A judge trying questions of fact alone might naturally think
that blinkers, though useful for a jury, are unnecessary for a judge.
And the chancery judge was apt to read his affidavits first, and to
determine their admissibility afterwards. In the meantime they had
affected his mind.
The tendency of modern text-writers, among whom Professor J.B. Thayer
(1831-1902), of Harvard, was perhaps the most independent, instructive
and suggestive, is to restrict materially the field occupied by the law
of evidence, and to relegate to other branches of the law topics
traditionally treated under the head of evidence. Thus in every way the
law of evidence, though still embodying some principles of great
importance, is of less comparative importance as a branch of English law
than it was half a century ago. Legal rules, like dogmas, have their
growth and decay. First comes the judge who gives a ruling in a
particular case. Then comes the text-writer who collects the scattered
rulings, throws them into the form of general propositions, connects
them together by some theory, sound or unsound, and often ignores or
obscures their historical origin. After him comes the legislator who
crystallizes the propositions into enactments, not always to the
advantage of mankind. So also with decay. Legal rules fall into the
background, are explained away, are ignored, are denied, are overruled.
Much of the English law of evidence is in a stage of decay.
The subject-matter of the law of evidence may be arranged differently
according to the taste or point of view of the writer. It will be
arranged here under the following heads:--I. Preliminary Matter; II.
Classes of Evidence; III. Rules of Exclusion; IV. Documentary Evidence;
V. Witnesses.
I. PRELIMINARY MATTER
Under this head may be grouped certain principles and considerations
which limit the range of matters to which evidence relates.
1. _Law and Fact._--Evidence relates only to facts. It is therefore
necessary to touch on the distinction between law and facts. _Ad
quaestionem facti non respondent judices; ad quaestionem juris non
respondent juratores._ Thus Coke, attributing, after his wont, to
Bracton a maxim which may have been invented by himself. The maxim
became the subject of political controversy, and the two rival views are
represented by Pulteney's lines--
"For twelve honest men have decided the cause
Who are judges alike of the facts and the laws,"
and by Lord Mansfield's variant--
"Who are judges of facts, but not judges of laws."
The particular question raised with respect to the law of libel was
settled by Fox's Libel Act 1792. Coke's maxim describes in a broad
general way the distinction between the functions of the judge and of
the jury, but is only true subject to important qualifications. Judges
in jury cases constantly decide what may be properly called questions of
fact, though their action is often disguised by the language applied or
the procedure employed. Juries, in giving a general verdict, often
practically take the law into their own hands. The border-line between
the two classes of questions is indicated by the "mixed questions of law
and fact," to use a common phrase, which arise in such cases as those
relating to "necessaries," "due diligence," "negligence,"
"reasonableness," "reasonable and probable cause." In the treatment of
these cases the line has been drawn differently at different times, and
two conflicting tendencies are discernible. On the one hand, there is
the natural tendency to generalize common inferences into legal rules,
and to fix legal standards of duty. On the other hand, there is the
sound instinct that it is a mistake to define and refine too much in
these cases, and that the better course is to leave broadly to the jury,
under the general guidance of the judge, the question what would be done
by the "reasonable" or "prudent" man in particular cases. The latter
tendency predominates in modern English law, and is reflected by the
enactments in the recent acts codifying the law on bills of exchange and
sale of goods, that certain questions of reasonableness are to be
treated as questions of fact. On the same ground rests the dislike to
limit the right of a jury to give a general verdict in criminal cases.
Questions of custom begin by being questions of fact, but as the custom
obtains general recognition it becomes law. Many of the rules of the
English mercantile law were "found" as customs by Lord Mansfield's
special juries. Generally, it must be remembered that the jury act in
subordinate co-operation with the judge, and that the extent to which
the judge limits or encroaches on the province of the jury is apt to
depend on the personal idiosyncrasy of the judge.
2. _Judicial Notice._--It may be doubted whether the subject of judicial
notice belongs properly to the law of evidence, and whether it does not
belong rather to the general topic of legal or judicial reasoning.
Matters which are the subject of judicial notice are part of the
equipment of the judicial mind. It would be absurd to require evidence
of every fact; many facts must be assumed to be known. The judge, like
the juryman, is supposed to bring with him to the consideration of the
question which he has to try common sense, a general knowledge of human
nature and the ways of the world, and also knowledge of things that
"everybody is supposed to know." Of such matters judicial notice is said
to be taken. But the range of general knowledge is indefinite, and the
range of judicial notice has, for reasons of convenience, been fixed or
extended, both by rulings of the judges and by numerous enactments of
the legislature. It would be impossible to enumerate here the matters of
which judicial notice must or may be taken. These are to be found in the
text-books. For present purposes it must suffice to say that they
include not only matters of fact of common and certain knowledge, but
the law and practice of the courts, and many matters connected with the
government of the country.
3. _Presumptions._--A presumption in the ordinary sense is an inference.
It is an argument, based on observation, that what has happened in some
cases will probably happen in others of the like nature. The subject of
presumptions, so far as they are mere inferences or arguments, belongs,
not to the law of evidence, or to law at all, but to rules of reasoning.
But a legal presumption, or, as it is sometimes called, a presumption of
law, as distinguished from a presumption of fact, is something more. It
may be described, in Stephen's language, as "a rule of law that courts
and judges shall draw a particular inference from a particular fact, or
from particular evidence, unless and until the truth" (perhaps it would
be better to say 'soundness') "of the inference is disproved." Courts
and legislatures have laid down such rules on grounds of public policy
or general convenience, and the rules have then to be observed as rules
of positive law, not merely used as part of the ordinary process of
reasoning or argument. Some so-called presumptions are rules of
substantive law under a disguise. To this class appear to belong
"conclusive presumptions of law," such as the common-law presumption
that a child under seven years of age cannot commit a felony. So again
the presumption that every one knows the law is merely an awkward way of
saying that ignorance of the law is not a legal excuse for breaking it.
Of true legal presumptions, the majority may be dealt with most
appropriately under different branches of the substantive law, such as
the law of crime, of property, or of contract, and accordingly Stephen
has included in his _Digest of the Law of Evidence_ only some which are
common to more than one branch of the law. The effect of a presumption
is to impute to certain facts or groups of facts a prima facie
significance or operation, and thus, in legal proceedings, to throw upon
the party against whom it works the duty of bringing forward evidence to
meet it. Accordingly the subject of presumptions is intimately connected
with the subject of the burden of proof, and the same legal rule may be
expressed in different forms, either as throwing the advantage of a
presumption on one side, or as throwing the burden of proof on the
other. Thus the rule in Stephen's Digest, which says that the burden of
proving that any person has been guilty of a crime or wrongful act is on
the person who asserts it, appears in the article entitled "Presumption
of Innocence." Among the more ordinary and more important legal
presumptions are the presumption of regularity in proceedings, described
generally as a presumption _omnia esse rite acta_, and including the
presumption that the holder of a public office has been duly appointed,
and has duly performed his official duties, the presumption of the
legitimacy of a child born during the mother's marriage, or within the
period of gestation after her husband's death, and the presumptions as
to life and death. "A person shown not to have been heard of for seven
years by those (if any) who, if he had been alive, would naturally have
heard of him, is presumed to be dead unless the circumstances of the
case are such as to account for his not being heard of without assuming
his death; but there is no presumption as to the time when he died, and
the burden of proving his death at any particular time is upon the
person who asserts it. There is no presumption" (i.e. legal presumption)
"as to the age at which a person died who is shown to have been alive at
a given time, or as to the order in which two or more persons died who
are shown to have died in the same accident, shipwreck or battle"
(Stephen, _Dig._, art. 99). A document proved or purporting to be thirty
years old is presumed to be genuine, and to have been properly executed
and (if necessary) attested if produced from the proper custody. And the
legal presumption of a "lost grant," i.e. the presumption that a right
or alleged right which has been long enjoyed without interruption had a
legal origin, still survives in addition to the common law and statutory
rules of prescription.
4. _Burden of Proof._--The expression _onus probandi_ has come down from
the classical Roman law, and both it and the Roman maxims, _Agenti
incumbit probatio_, _Necessitas probandi incumbit ei qui dicit non ei
qui negat_, and _Reus excipiendo fit actor_, must be read with reference
to the Roman system of actions, under which nothing was admitted, but
the plaintiff's case was tried first; then, unless that failed, the
defendant's on his _exceptio_; then, unless that failed, the plaintiff's
on his _replicatio_, and so on. Under such a system the burden was
always on the "actor." In modern law the phrase "burden of proof" may
mean one of two things, which are often confused--the burden of
establishing the proposition or issue on which the case depends, and the
burden of producing evidence on any particular point either at the
beginning or at a later stage of the case. The burden in the former
sense ordinarily rests on the plaintiff or prosecutor. The burden in the
latter sense, that of going forward with evidence on a particular point,
may shift from side to side as the case proceeds. The general rule is
that he who alleges a fact must prove it, whether the allegation is
couched in affirmative or negative terms. But this rule is subject to
the effect of presumptions in particular cases, to the principle that in
considering the amount of evidence necessary to shift the burden of
proof regard must be had to the opportunities of knowledge possessed by
the parties respectively, and to the express provisions of statutes
directing where the burden of proof is to lie in particular cases. Thus
many statutes expressly direct that the proof of lawful excuse or
authority, or the absence of fraudulent intent, is to lie on the person
charged with an offence. And the Summary Jurisdiction Act 1848 provides
that if the information or complaint in summary proceedings negatives
any exemption, exception, proviso, or condition in the statute on which
it is founded, the prosecutor or complainant need not prove the
negative, but the defendant may prove the affirmative in his defence.
II. CLASSES OF EVIDENCE
Evidence is often described as being either oral or documentary. To
these two classes should be added a third, called by Bentham real
evidence, and consisting of things presented immediately to the senses
of the judge or the jury. Thus the judge or jury may go to view any
place the sight of which may help to an understanding of the evidence,
and may inspect anything sufficiently identified and produced in court
as material to the decision. Weapons, clothes and things alleged to have
been stolen or damaged are often brought into court for this purpose.
Oral evidence consists of the statements of witnesses. Documentary
evidence consists of documents submitted to the judge or jury by way of
proof. The distinction between primary and secondary evidence relates
only to documentary evidence, and will be noticed in the section under
that head. A division of evidence from another point of view is that
into direct and indirect, or, as it is sometimes called, circumstantial
evidence. By direct evidence is meant the statement of a person who saw,
or otherwise observed with his senses, the fact in question. By indirect
or circumstantial evidence is meant evidence of facts from which the
fact in question may be inferred. The difference between direct and
indirect evidence is a difference of kind, not of degree, and therefore
the rule or maxim as to "best evidence" has no application to it. Juries
naturally attach more weight to direct evidence, and in some legal
systems it is only this class of evidence which is allowed to have full
probative force. In some respects indirect evidence is superior to
direct evidence, because, as Paley puts it, "facts cannot lie," whilst
witnesses can and do. On the other hand facts often deceive; that is to
say, the inferences drawn from them are often erroneous. The
circumstances in which crimes are ordinarily committed are such that
direct evidence of their commission is usually not obtainable, and when
criminality depends on a state of mind, such as intention, that state
must necessarily be inferred by means of indirect evidence.
III. RULES OF EXCLUSION
It seems desirable to state the leading rules of exclusion in their
crude form instead of obscuring their historical origin by attempting to
force them into the shape of precise technical propositions forming
parts of a logically connected system. The judges who laid the
foundations of our modern law of evidence, like those who first
discoursed on the duties of trustees, little dreamt of the elaborate and
artificial system which was to be based upon their remarks. The rules
will be found, as might be expected, to be vague, to overlap each other,
to require much explanation, and to be subject to many exceptions. They
may be stated as follows:--(1) Facts not relevant to the issue cannot be
admitted as evidence. (2) The evidence produced must be the best
obtainable under the circumstances. (3) Hearsay is not evidence. (4)
Opinion is not evidence.
1. _Rule of Relevancy._--The so-called rule of relevancy is sometimes
stated by text-writers in the form in which it was laid down by Baron
Parke in 1837 (_Wright_ v. _Doe and Tatham_, 7 A. and E. 384), when he
described "one great principle" in the law of evidence as being that
"all facts which are relevant to the issue may be proved." Stated in
different forms, the rule has been made by FitzJames Stephen the central
point of his theory of evidence. But relevancy, in the proper and
natural sense, as we have said, is a matter not of law, but of logic. If
Baron Parke's dictum relates to relevancy in its natural sense it is
not true; if it relates to relevancy in a narrow and artificial sense,
as equivalent to admissible, it is tautological. Such practical
importance as the rule of relevancy possesses consists, not in what it
includes, but in what it excludes, and for that reason it seems better
to state the rule in a negative or exclusive form. But whether the rule
is stated in a positive or in a negative form its vagueness is apparent.
No precise line can be drawn between "relevant" and "irrelevant" facts.
The two classes shade into each other by imperceptible degrees. The
broad truth is that the courts have excluded from consideration certain
matters which have some bearing on the question to be decided, and
which, in that sense, are relevant, and that they have done so on
grounds of policy and convenience. Among the matters so excluded are
matters which are likely to mislead the jury, or to complicate the case
unnecessarily, or which are of slight, remote, or merely conjectural
importance. Instances of the classes of matters so excluded can be
given, but it seems difficult to refer their exclusion to any more
general principle than this. Rules as to evidence of character and
conduct appear to fall under this principle. Evidence is not admissible
to show that the person who is alleged to have done a thing was of a
disposition or character which makes it probable that he would or would
not have done it. This rule excludes the biographical accounts of the
prisoner which are so familiar in French trials, and is an important
principle in English trials. It is subject to three exceptions: first,
that evidence of good character is admissible in favour of the prisoner
in all criminal cases; secondly, that a prisoner indicted for rape is
entitled to call evidence as to the immoral character of the
prosecutrix; and thirdly, that a witness may be called to say that he
would not believe a previous witness on his oath. The exception allowing
the good character of a prisoner to influence the verdict, as
distinguished from the sentence, is more humane than logical, and seems
to have been at first admitted in capital cases only. The exception in
rape cases does not allow evidence to be given of specific acts of
immorality with persons other than the prisoner, doubtless on the ground
that such evidence would affect the reputations of third parties. Where
the character of a person is expressly in issue, as in actions of libel
and slander, the rule of exclusion, as stated above, does not apply. Nor
does it prevent evidence of bad character from being given in mitigation
of damages, where the amount of damages virtually depends on character,
as in cases of defamation and seduction. As to conduct there is a
similar general rule, that evidence of the conduct of a person on other
occasions is not to be used merely for the purpose of showing the
likelihood of his having acted in a similar way on a particular
occasion. Thus, on a charge of murder, the prosecutor cannot give
evidence of the prisoner's conduct to other persons for the purpose of
proving a bloodthirsty and murderous disposition. And in a civil case a
defendant was not allowed to show that the plaintiff had sold goods on
particular terms to other persons for the purpose of proving that he had
sold similar goods on the same terms to the defendant. But this general
rule must be carefully construed. Where several offences are so
connected with each other as to form parts of an entire transaction,
evidence of one is admissible as proof of another. Thus, where a
prisoner is charged with stealing particular goods from a particular
place, evidence may be given that other goods, taken from the same place
at the same time, were found in his possession. And where it is proved
or admitted that a person did a particular act, and the question is as
to his state of mind, that is to say, whether he did the act knowingly,
intentionally, fraudulently, or the like, evidence may be given of the
commission by him of similar acts on other occasions for the purpose of
proving his state of mind on the occasion. This principle is most
commonly applied in charges for uttering false documents or base coin,
and not uncommonly in charges for false pretences, embezzlement or
murder. In proceedings for the receipt or possession of stolen property,
the legislature has expressly authorized evidence to be given of the
possession by the prisoner of other stolen property, or of his previous
conviction of an offence involving fraud or dishonesty (Prevention of
Crimes Act 1871). Again, where there is a question whether a person
committed an offence, evidence may be given of any fact supplying a
motive or constituting preparation for the offence, of any subsequent
conduct of the person accused, which is apparently influenced by the
commission of the offence, and of any act done by him, or by his
authority, in consequence of the offence. Thus, evidence may be given
that, after the commission of the alleged offence, the prisoner
absconded, or was in possession of the property, or the proceeds of the
property, acquired by the offence, or that he attempted to conceal
things which were or might have been used in committing the offence, or
as to the manner in which he conducted himself when statements were made
in his presence and hearing. Statements made to or in the presence of a
person charged with an offence are admitted as evidence, not of the
facts stated, but of the conduct or demeanour of the person to whom or
in whose presence they are made, or of the general character of the
transaction of which they form part (under the _res gestae_ rule
mentioned below).
2. _Best Evidence Rule._--Statements to the effect of the best evidence
rule were often made by Chief Justice Holt about the beginning of the
18th century, and became familiar in the courts. Chief Baron Gilbert, in
his book on evidence, which must have been written before 1726, says
that "the first and most signal rule in relation to evidence is this,
that a man must have the utmost evidence the nature of the fact is
capable of." And in the great case of _Omichund_ v. _Barker_ (1744),
Lord Hardwicke went so far as to say, "The judges and sages of the law
have laid down that there is but one general rule of evidence, the best
that the nature of the case will admit" (1 Atkyns 49). It is no wonder
that a rule thus solemnly stated should have found a prominent place in
text-books on the law of evidence. But, apart from its application to
documentary evidence, it does not seem to be more than a useful guiding
principle which underlies, or may be used in support of, several rules.
It is to documentary evidence that the principle is usually applied, in
the form of the narrower rule excluding, subject to exceptions,
secondary evidence of the contents of a document where primary evidence
is obtainable. In this form the rule is a rule of exclusion, but may be
most conveniently dealt with in connexion with the special subject of
documentary evidence. As noticed above, the general rule does not apply
to the difference between direct and indirect evidence. And, doubtless
on account of its vague character, it finds no place in Stephen's
Digest.
3. _Hearsay._--The term "hearsay" primarily applies to what a witness
has heard another person say in respect to a fact in dispute. But it is
extended to any statement, whether reduced to writing or not, which is
brought before the court, not by the author of the statement, but by a
person to whose knowledge the statement has been brought. Thus the
hearsay rule excludes statements, oral or written, made in the first
instance by a person who is not called as a witness in the case.
Historically this rule may be traced to the time when the functions of
the witnesses were first distinguished from the functions of the jury,
and when the witnesses were required by their formula to testify _de
visu suo et auditu_, to state what they knew about facts from the direct
evidence of their senses, not from the information of others. The rule
excludes statements the effect of which is liable to be altered by the
narrator, and which purport to have been made by persons who did not
necessarily speak under the sanction of an oath, and whose accuracy or
veracity is not tested by cross-examination. It is therefore of
practical utility in shutting out many loose statements and much
irresponsible gossip. On the other hand, it excludes statements which
are of some value as evidence, and may indeed be the only available
evidence. Thus, a statement has been excluded as hearsay, even though it
can be proved that the author of the statement made it on oath, or that
it was against his interest when he made it, or that he is prevented by
insanity or other illness from giving evidence himself, or that he has
left the country and disappeared, or that he is dead.
Owing to the inconveniences which would be caused by a strict
application of the rule, it has been so much eaten into by exceptions
that some persons doubt whether the rule and the exceptions ought not
to change places. Among the exceptions the following may be noticed:
(a) _Certain sworn statements_.--In many cases statements made by a
person whose evidence is material, but who cannot come before the
court, or could not come before it without serious difficulty, delay
or expense, may be admitted as evidence under proper safeguards. Under
the Indictable Offences Act 1848, where a person has made a deposition
before a justice at a preliminary inquiry into an offence, his
deposition may be read in evidence on proof that the deponent is dead,
or too ill to travel, that the deposition was taken in the presence of
the accused person, and that the accused then had a full opportunity
of cross-examining the deponent. The deposition must appear to be
signed by the justice before whom it purports to have been taken.
Depositions taken before a coroner are admissible under the same
principle. And the principle probably extends to cases where the
deponent is insane, or kept away by the person accused. There are
other statutory provisions for the admission of depositions, as in the
Criminal Law Amendment Act 1867; the Foreign Jurisdiction Act 1890;
and the Children Act 1908, incorporating an act of 1894. In civil
cases the rule excluding statements not made in court at the trial is
much less strictly applied. Frequent use is made of evidence taken
before an examiner, or under a commission. Affidavits are freely used
for subordinate issues or under an arrangement between the parties,
and leave may be given to use evidence taken in other proceedings. The
old chancery practice, under which evidence, both at the trial and at
other stages of a proceeding, was normally taken by affidavit,
irrespectively of consent, was altered by the Judicature Acts. Under
the existing rules of the supreme court evidence may be given by
affidavit upon any motion, petition or summons, but the court or a
judge may, on the application of either party, order the attendance
for cross-examination of the person making the affidavit. (b) _Dying
declarations._--In a trial for murder or manslaughter a declaration by
the person killed as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death, is
admissible as evidence. But this exception is very strictly construed.
It must be proved that the declarant, at the time of making the
declaration, was in actual danger of death, and had given up all hope
of recovery. (c) _Statements in pedigree cases._--On a question of
pedigree the statement of a deceased person, whether based on his own
personal knowledge or on family tradition, is admissible as evidence,
if it is proved that the person who made the statement was related to
the person about whose family relations the statement was made, and
that the statement was made before the question with respect to which
the evidence is required had arisen. (d) _Statements as to matters of
public or general interest._--Statements by deceased persons are
admissible as evidence of reputation or general belief in questions
relating to the existence of any public or general right or custom, or
matter of public and general interest. Statements of this kind are
constantly admitted in questions relating to right of way, or rights
of common, or manorial or other local customs. Maps, copies of court
rolls, leases and other deeds, and verdicts, judgments, and orders of
court fall within the exception in cases of this kind. (e) _Statements
in course of duty or business._--A statement with respect to a
particular fact made by a deceased person in pursuance of his duty in
connexion with any office, employment or business, whether public or
private, is admissible as evidence of that fact, if the statement
appears to have been made from personal knowledge, and at or about the
time when the fact occurred. This exception covers entries by clerks
and other employees. (f) _Statements against interest._--A statement
made by a deceased person against his pecuniary or proprietary
interest is admissible as evidence, without reference to the time at
which it was made. Where such a statement is admissible the whole of
it becomes admissible, though it may contain matters not against the
interest of the person who made it, and though the total effect may be
in his favour. Thus, where there was a question whether a particular
sum was a gift or a loan, entries in an account book of receipt of
interest on the sum were admitted, and a statement in the book that
the alleged debtor had on a particular date acknowledged the loan was
also admitted. (g) _Public documents._--Under this head may be placed
recitals in public acts of parliament, notices in the _London_,
_Edinburgh_, or _Dublin Gazette_ (which are made evidence by statute
in a large number of cases), and entries made in the performance of
duty in official registers or records, such as registers of births,
deaths or marriages, registers of companies, records in judicial
proceedings, and the like. An entry in a public document may be
treated as a statement made in the course of duty, but it is
admissible whether the person who made the statement is alive or dead,
and without any evidence as to personal knowledge, or the time at
which the statement is made. (h) _Admissions._--By the term
"admission," as here used, is meant a statement made out of the
witness-box by a party to the proceedings, whether civil or criminal,
or by some person whose statements are binding on that party, against
the interest of that party. The term includes admissions made in
answer to interrogatories, or to a notice to admit facts, but not
admissions made on the pleadings. Admissions, in this sense of the
term, are admissible as evidence against the person by whom they are
made, or on whom they are binding, without reference to the life or
death of the person who made them. A person is bound by the statements
of his agent, acting within the scope of his authority, and barristers
and solicitors are agents for their clients in the conduct of legal
proceedings. Conversely, a person suing or defending on behalf of
another, e.g. as agent or trustee, is bound by the statements of the
person whom he represents. Statements respecting property made by a
predecessor in title bind the successor. Where a statement is put in
evidence as an admission by, or binding on, any person, that person is
entitled to have the whole statement given in evidence. The principle
of this rule is obviously sound, because it would be unfair to pick
out from a man's statement what tells against him, and to suppress
what is in his favour. But the application of the rule is sometimes
attended with difficulty. An admission will not be allowed to be used
as evidence if it was made under a stipulation, express or implied,
that it should not be so used. Such admissions are said to be made
"without prejudice." (i) _Confessions._--A confession is an admission
by a person accused of an offence that he has committed the offence of
which he is accused. But the rules about admitting as evidence
confessions in criminal proceedings are much more strict than the
rules about admissions in civil proceedings. The general rule is, that
a confession is not admissible as evidence against any person except
the person who makes it. But a confession made by one accomplice in
the presence of another is admissible against the latter to this
extent, that, if it implicates him, his silence under the charge may
be used against him, whilst on the other hand his prompt repudiation
of the charge might tell in his favour. In other words, the confession
may be used as evidence of the conduct of the person in whose presence
it was made. A confession cannot be admitted as evidence unless proved
to be voluntary. A confession is not treated a
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