THE ENCYCLOPEDIA 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 DICTIONARY OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION ELEVENTH EDITION VOLUME X EVANGELICAL CHURCH to FRANCIS JOSEPH . Cambridge, England: at the University Press New York, 35 West 3 2nd Street 1910 •E3 Copyright, in the United States of America, 1910, by The Encyclopxdia Britannica Company INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL CONTRIBUTORS,! 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.t.S. [ Keeper, Department of Botany, British Museum. Author of Text Book on Classi- i Flower. fication of Flowering Plants ; &c. I A. D. AUSTIN DOBSON, LL.D. f n.iHinir u»n See the biographical article : DOBSON, H. AUSTIN. \ *' IDB' " A. F. B. ALDRED FARRER BARKER, M.Sc. f — .* Professor of Textile Industries at Bradford Technical College. [ A. F. P. ALBERT FREDERICK POLLARD, M.A., F.R.HiST.Soc. f -,„, _. . Professor of English History in the University of London. Fellow of All Souls' 'rrar' Blsn°P» College, Oxford. Assistant Editor of the Dictionary of National Biography, 1893--^ F°", Edward; 1901. Lothian Prizeman, Oxford, 1892; Arnold Prizeman, 1898. Author of Fox, Richard. England under Protector Somerset', Henry VIII.', Life of Thomas Cranmer', &c. A. G. MAJOR ARTHUR GEORGE FREDERICK GRIFFITHS (d. 1908). (" H.M. Inspector of Prisons, 1878-1896. Author of The Chronicles of Newgate; -I Finger Prints. Secrets of the Prison House ; &c. [ A. Go.* REV. ALEXANDER GORDON, M.A. J^' Basi1' Jacobus and Lecturer on Church History in the University of Manchester. JOnann, iFamilists; Farel, G.; Flaeius. A. H.-S. SIR A. HOUTUM-SCHINDLER, C.I.E. f Fars; General in the Persian Army. Author of Eastern Persian Irak. ~\ Firuzabad. A. L. ANDREW LANG. f Fairy; See the biographical article: LANG, ANDREW. 1 Family. A. L. B. ALFRED LYS BALDRY. r Art Critic of the Globe, 1893-1908. Author of Modern Mural Decoration and I p.,, biographies of Albert Moore, Sir H. von Herkomer, R.A., Sir J. E. Millais, P.R.A., 1 *orluny- Marcus Stone, R.A., and G. H. Boughton, R.A. [ A. H. ALFRED NEWTON, F.R.S. f Falcon; Fieldfare; Finch. See the biographical article: NEWTON, ALFRED. \ Flycatcher; Fowl. A. S. ARTHUR SMITHELLS, F.R.S. r Professor of Chemistry in the University of Leeds. Author of Scientific Papers on -{ Flame. Flame and Spectrum Analysis. A. M. C. AGNES MARY CLERKE. f See the biographical article: CLERKE, A. M. \ Flamsteed. A. W. ARTHUR WATSON. f , . Secretary in the Academic Department, University of London. | Examinations (M part) A. W. R. ALEXANDER WOOD RENTON, M.A., LL.B. r Puisne Judge of the Supreme Court of Ceylon. Editor of Encyclopaedia of the Laws J Fixtures; of England. \Flat. A. W. W. ADOLPHUS WILLIAM WARD, D.Lrrr., LL.D. f Foote, Samuel; See the biographical article : WARD, A. W. \ Ford, John. C. El. SIR CHARLES NORTON EDGCUMBE ELIOT, K.C.M.G., C.B., M.A., LL.D., D.C.L. f Vice-Chancellor of Sheffield University. Formerly Fellow of Trinity College, Oxford. H.M.'s Commissioner and Commander-in-Chief for the British East Africa -j Finno-Ugrian. Protectorate; Agent and Consul-General at Zanzibar; Consul-General for German East Africa, 1900-1904. C. F. B. CHARLES FRANCIS BASTABLE, M.A., LL.D. Regius Professor of Laws and Professor of Political Economy in the University of J _,. Dublin. Author of Public Finance; Commerce of Nations; Theory of International ) Finance. Trade; &c. [ C. F. C. C. F. CROSS, B.Sc. (Lond.), F.C.S., F.I.C. / Analytical and Consulting Chemist. \ 1 A complete list, showing all individual contributors, appears in the final volume. v 1979 vi INITIALS AND HEADINGS OF ARTICLES C. F. R. CHARLES FRANCIS RICHARDSON, A.M., PH.D. f Professor of English at Dartmouth College, Hanover, New Hampshire, U.S.A. "I Fiske, John. Author of A Story of English Rhyme; A History of American Literature; &c. I C. H. T.* CRAWFORD HOWELL TOY, A.M. f See the biographical article: TOY, CRAWFORD HOWELL. \ C. J. CHARLES JOHNSON, M.A. (" Clerk in H.M. Public Record Office. Joint Editor of the Domesday Survey for the ~] Exchequer (in part). Victoria County History: Norfolk. I C. J, B. M. CHARLES JOHN BRUCE MARRIOTT, M.A. f Footbali. R ^ (i b ,\ Clare College, Cambridge. Secretary of the Rugby Football Union. I g^ (™ pa">- C. J. N. F. CHARLES JAMES NICOL FLEMING. f Fonthaii. £>„„/,„ /;„ *„,<•> H.M. Inspector of Schools, Scotch Education Department. \ F< tbaU- •"» (m partl C. L. K. CHARLES LETHBRIDGE KINGSFORD, M.A., F.R.HisT.Soc., F.S.A. ( Fahvan. Assistant Secretary to the Board of Education. Author of Life of Henry V. Editor •],, ^ ., ' of Chronicles of London and Stow's Survey of London. I Fastoll. C. P. I. SlR COURTENAY PEREGRINE ILBERT, K.C.B., K. C.S.I., C.I.E. Clerk of the House of Commons. Chairman of Statute Law Committee. Parlia- mentary Counsel to the Treasury, 1 899-190 1 . 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). f -,„„-„„ . ,. /. A Formerly Secretary of the Football Association, London. \ ^>0tb&\\: Association (in part). D. H. DAVID HANNAY. f _. . _ n-«|. „. «,., Formerly British Vice-Consul at Barcelona. Author of Short History of the Royal \ First Ol June' Battle °r tne» Navy ; Life of Emilia Castelar; &c. [ Fox, Charles James. D. Mn. REV. DUGALD MACFADYEN, M.A. f Minister of South Grove Congregational Church, Highgate. Director of the London I Excommunication. Missionary Society. I D. N. P. DIARMID NOEL PATON, M.D., F.R.C.P. (Edin.). f Regius Professor of Physiology in the University of Glasgow. Formerly Super- intendent of Research Laboratory of Royal College of Physicians, Edinburgh. 4 Fever. Biological Fellow of Edinburgh University, 1884. Author of Essentials of Human Physiology; &c. D. S. M.* DAVID SAMUEL MARGOLIOUTH, M.A., D.Lrrr. f" Laudian Professor of Arabic, Oxford. Fellow of New College. Author of Arabic J _ ., Papyri of the Bodleian Library; Mohammed and the Rise of Islam; Cairo, Jerusalem i fatimites. and Damascus. I E. B. EDWARD BRECK, M.A., PH.D. f _ „ . Formerly Foreign Correspondent of the New York Herald and the New York Times, i * . Author of Fencing; Wilderness Pets; Sporting in Nova Scotia; &c. I Football: American (in part). E. Ca. EGERTON CASTLE, M.A., F.S.A. f_ . Trinity College. Cambridge. Author of Schools and Masters of Fence; &c. \ Ed. C.* THE HON. EDWARD EVAN CHARTERIS. f . •. Barrister-at-Law, Inner Temple. \ Falr (m Part>- E. C. B. RT. REV. EDWARD CUTHBERT BUTLER, O.S.B., M.A., D.Lnr. f" Fontevrault; Abbot of Downside Abbey, Bath. Author of " The Lausiac History of Palladius," 4 Francis of Assisi, St; in Cambridge Texts and Studies, vol. vi. L Francis of Paola, St. E. C. Q. EDMUND CROSBY QUIGGIN, M.A. f Fellow and Lecturer in Modern Languages and Monro Lecturer in Celtic, -j Finn mac Cool. Gonville and Caius College, Cambridge. [ E. D. R. LIEUT.-COLONEL EiiiLius C. DELME RADCLIFFE. f palconrv Author of Falconry: Notes on the Falconidae used in India in Falconry. \ ' ** E. E. A. ERNEST E. AUSTEN. f Assistant in Department of Zoology, Natural History Museum, South Kensington. \ Flea. E. E. H. REV. EDWARD EVERETT HALE. J E.v(,rpft See the biographical article: HALE, E. E. ett> f Ewalcl, Johannes; Fabliau; Fabre, Ferdinand; Feuillet; E. G. EDMUND GOSSE, LL.D. I Finiand. ji,frllture- See the biographical article :GossE, EDMUND. nterrt. Literature FitzGerald, Edward; Flaubert; I Flemish Literature; Forssell. E. H. P. EDWARD HENRY PALMER, M.A. f _ . See the biographical article: PALMER, E. H. \ Firdousi (in part). E. K. EDMUND KNECHT, PH.D., M.SC.TECH. (Manchester), F.I.C. f Professor of Technological Chemistry, Manchester University. Head of Chemical Department, Municipal School of Technology, Manchester. Examiner in Dyeing, -s Finishing. City and Guilds of London Institute. Author of A Manual of Dyeing; &c. Editor of Journal of the Society of Dyers and Colourists. E. M. Ha. ERNEST MAES HARVEY. f Exchange. Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London. INITIALS AND HEADINGS OF ARTICLES Vll E.O.* E. 0. S. E. Pr. E. Re. E. Tn. E. W. H. F. C.C. F. G. P. F.J.H. F. J. W. F. R. C. F.S. G.A.B. G. A. Be. G. B. A. G. C.L. G.E. G. F. Z. G, G. P.* G. P. G. W. T. 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, Late Examiner 1 Fistula. Great Ormond Street, London. Chevalier of the Legion of Honour, in Surgery at the University of Cambridge, London and Durham. Manual of Anatomy for Senior Students. Author of A ( EDWIN OTHO SACHS, F.R.S. (Edin.), A.M.lNST.M.E. r Chairman of the British Fire Prevention Committee. Vice-President, National J -,. A ™ ,, ,. ,. Fire Brigades Union. Vice-President, International Fire Service Council. Author 1 re Extinction. of Fires and Public Entertainments ; &c. EDGAR PRESTAGE. f Special Lecturer in Portuguese Literature at the University of Manchester. Com- J Falcao; mendador, Portuguese Order of S. Thiago. Corresponding Member of Lisbon 1 Ferreira. Royal Academy of Sciences and Lisbon Geographical Society. I ELISEE RECLUS. See the biographical article: RECLUS, J. J. E. Fire. REV. ETHELRED LEONARD TAUNTON, (d. 1907). J Feckenham; Author of Ttie English Black Monks of St Benedict ; History of the Jesuits in England. { Fisher, John. ERNEST WILLIAM HOBSON, M.A., D.Sc., F.R.S. , F.R.A.S. Fellow and Tutor in Mathematics, Christ's College, Cambridge, in Mathematics in the University. Stokes Lecturer J Fourier's Series. FREDERICK CORNWALLIS CONYBEARE, M.A., D.Tn. (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. 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 Huntenan Professor at the Royal College of Surgeons. I FRANCIS JOHN HAVERFIELD, M.A., LL.D., F.S. A. r Camden Professor of Ancient History in the University of Oxford. Fellow of J „ Brasenose College. Ford's Lecturer, 1906-1907. Fellow of the British Academy. 1 * osse- Author of Monographs on Roman History, especially Roman Britain; &c. [_ ' FREDERICK JOSEPH WALL, F.C.S. Secretary to the Football Association. FRANK R. CANA. Author of South Africa from the Great Trek to the Union. FRANCIS STORR, M.A. Editor of the Journal of Education, London. Extreme Unction. Eye: Anatomy. j Football: Association (in part). France: Colonies. Officier d'Academie, Paris. -[ Fable. GEORGE A. BOULENGER, D.Sc., PH.D., F.R.S. In charge of the Collections of Reptiles and Fishes, Department of Zoology, British J Flat-fish. Museum. Vice-President of the Zoological Society of London. 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 Uni- J versity of Edinburgh. Vice-President, Ophthalmological Society. Author of ] Eye: Diseases. Diseases of the Eye; The Elements of Ophthalmoscopic Diagnosis; Subjective Symptoms in Eye Diseases ; &c. [ GEORGE BURTON ADAMS, A.M., B.D., PH.D., LITT.D. r Professor of History, Yale University. Editor of American Historical Review. \ — .. Author of Civilization during the Middle Ages; Political History of England, 1066- " Feudalism. 1216 ; &c. [ 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. J Exhibition. Secretary, Royal Commission, Hobart Exhibition, 1894-1895. Secretary to Com- missioners for Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia and Melbourne, 1873, 1876, 1878, 1880-1881. 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 Associa- tion of Literature. GEORGE FREDERICK ZIMMER, A.M.lNST.C.E. Author of Mechanical Handling of Material. GEORGE GRENVILLE PHILLIMORE, M.A., B.C.L. Christ Church, Oxford. Barrister-at-Law, Middle Temple. GIFFORD PINCHOT, A.M., D.Sc., LL.D. Professor of Forestry, Yale University. Formerly Chief Forester, U.S.A. President u-nrp<:tc and 1?nrp«trv of the National Conservation Association. Member of the Society of American J *°™sl Foresters, Royal English Arboricultural Society, &c. Author of The White Pine; United Slates. A Primer of Forestry ; &c. REV. GRIFFITHS WHEELER THATCHER, M.A., B.D. f Fairuzabadl; Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew and Old J Fakhr ud-Din Razi; Testament History at Mansfield College, Oxford. Farabr Farazdaq. Flanders. / Flour and Flour Manufacture. Fishery, Law of. vi INITIALS AND HEADINGS OF ARTICLES C. F. R. CHARLES FRANCIS RICHARDSON, A.M., PH.D. (" Professor of English at Dartmouth College, Hanover, New Hampshire, U.S.A. ~\ Fiske, John. Author of A Story of English Rhyme; A History of American Literature; &c. I C. H. T.* CRAWFORD HOWELL TOY, A.M. -fEzekiel. See the biographical article: TOY, CRAWFORD HOWELL. \ C. 3. CHARLES JOHNSON, M.A. f Clerk in H.M. Public Record Office. Joint Editor of the Domesday Survey for the *! Exchequer (in part). Victoria County History: Norfolk. I C. J, B. M. CHARLES JOHN BRUCE MARRIOTT, M.A. / F00than- Ruebv (in tart) Clare College, Cambridge. Secretary of the Rugby Football Union. I Ug0y (tn part)f C. J. N. F. CHARLES JAMES NICOL FLEMING. f ir00tball- Ruobv (in •hurt) H.M. Inspector of Schools, Scotch Education Department. I F( Kugt>y (tn part)' C. L. K. CHARLES LETHBRIDGE KINGSFORD, M.A., F.R.HisT.Soc., F.S.A. f pai,van. Assistant Secretary to the Board of Education. Author of Life of Henry V. Editor "i _ : ? ., ' of Chronicles of London and Stow's Survey of London. I **SIOH. 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. Parlia- mentary 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). f rw*h«n. a f r *„ rt Formerly Secretary of the Football Association, London. \ ••••« Association (in part). L Formerly British Vice-Consul at Barcelona. Author of Short History of the Royal \ First of June> Battle of the' Navy ; Life of Emilia Castelar ; &c. \ Fox, Charles James. D. Mn. REV. DUGALD MACFADYEN, M.A. f Minister of South Grove Congregational Church, Highgate. Director of the London -j Excommunication. Missionary Society. L D. N. P. DIARMID NOEL PATON, M.D., F.R.C.P. (Edin.). f Regius Professor of Physiology in the University of Glasgow. Formerly Super- intendent of Research Laboratory of Royal College of Physicians, Edinburgh, -j Fever. Biological Fellow of Edinburgh University, 1884. Author of Essentials of Human Physiology; &c. D. S. M.* DAVID SAMUEL MARGOLIOUTH, M.A., D.LiTT. I" Laudian Professor of Arabic, Oxford. Fellow of New College. Author of Arabic J _ .. Papyri of the Bodleian Library; Mohammed and the Rise of Islam; Cairo, Jerusalem i Fatimites. and Damascus. L E. B. EDWARD BRECK, M.A., PH.D. f -, ., . Formerly Foreign Correspondent of the New York Herald and the New York Times. 1 * lnf ' . Author of Fencing; Wilderness Pets; Sporting in Nova Scotia; &c. I Football: American (in part). E. Ca. EGERTON CASTLE, M.A., F.S.A. Trinity College: Cambridge. Author of Schools and Masters of Fence; &c. Ed. C.* THE HON. EDWARD EVAN CHARTERIS. J ».•-/• ,\ Barrister-at-Law, Inner Temple. \ rair (tn Parl)- E. C. B. RT. REV. EDWARD CUTHBERT BUTLER, O.S.B., M.A., D.LITT. f Fontevrault; Abbot of Downside Abbey, Bath. Author of " The Lausiac History of Palladius," 4 Francis of Assisi, St; in Cambridge Texts and Studies, vol. vi. L Francis Of Paola, St. E. C. Q. EDMUND CROSBY QUIGGIN, M.A. f Fellow and Lecturer in Modern Languages and Monro Lecturer in Celtic, -s Finn mac Cool. Gonville and Caius College, Cambridge. [ E. D. R. LlEUT.-COLONEL EMILIUS C. DELME RADCLIFFE. f Falconrv> Author of Falconry: Notes on the Falconidae used in India in Falconry. \ E. E. A. ERNEST E. AUSTEN. J" Assistant in Department of Zoology, Natural History Museum, South Kensington. \ Flea. E. E. H. REV. EDWARD EVERETT HALE. J Fvftrptt See the biographical article: HALE, E. E. ett' f Ewald, Johannes; Fabliau; Fabre, Ferdinand; Feuillet; E. G. EDMUND GOSSE, LL.D. J r-inianrt. T:tern,urP. See the biographical article: GOSSE, EDMUND. rltzGeL EdwaTd; Flaubert; I Flemish Literature; Forssell. E. H. P. EDWARD HENRY PALMER, M.A. f .. - 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, -j Finishing. City and Guilds of London Institute. Author of A Manual of Dyeing; &c. Editor of Journal of the Society of Dyers and Colourists. E. M. Ha. ERNEST MAES HARVEY. I" Exchange. Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London. t INITIALS AND HEADINGS OF ARTICLES Vll E.O.* E. 0. S. E. Pr. E. Re. E. Tn. E. W. H. F.C.C. P. G. P. r» u* H» p. j. w. F. R. C. F.S. G.A.B. G. A. Be. G. B. A. G.C.L. 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, - ' Late Examiner -| Fistula. Great Ormond Street, London. Chevalier of the Legion of Honour, in Surgery at the University of Cambridge, London and Durham. Manual of A natomy for Senior Students. Author of A ( EDWIN OTHO SACHS, F.R.S. (Edin.), A.M.lNST.M.E. r Chairman of the British Fire Prevention Committee. Vice-President, National j —. . p. !?»*:.,„*!„., Fire Brigades Union. Vice-President, International Fire Service Council. Author] 'uon> of Fires and Public Entertainments ; &c. L EDGAR PRESTAGE. f Special Lecturer in Portuguese Literature at the University of Manchester. Com- J Falcao; mendador, Portuguese Order of S. Thiago. Corresponding Member of Lisbon | Ferreira. Royal Academy of Sciences and Lisbon Geographical Society. L Fire. ELISEE RECLUS. See the biographical article: RECLUS, J. J. E. REV. ETHELRED LEONARD TAUNTON, (d. 1907). / Feckenham; Author of The English Black Monks of St Benedict ; History of the Jesuits in England. {_ Fisher, John. ERNEST WILLIAM HOBSON, M.A., D.Sc., F.R.S. , F.R.A.S. Fellow and Tutor in Mathematics, Christ's College, Cambridge, in Mathematics in the University. Stokes Lecturer J Fourier's Series. Extreme Unction. Eye: Anatomy. j Football: Association (in part). France: Colonies. G. E. G. P. Z. G. G. P.* G. P. G. W. T. FREDERICK CORNWALLIS CONYBEARE, M.A., D.Tn. (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. 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 Huntenan Professor at the Royal College of Surgeons. L FRANCIS JOHN HAVERFIELD, M.A., LL.D., F.S. A. r Camden Professor of Ancient History in the University of Oxford. Fellow of J jfnee_ Brasenose College. Ford's Lecturer, 1906-1907. Fellow of the British Academy. 1 *osse' Author of Monographs on Roman History, especially Roman Britain; &c. [ " FREDERICK JOSEPH WALL, F.C.S. Secretary to the Football Association. FRANK R. CANA. Author of South Africa from the Great Trek to the Union. FRANCIS STORR, M.A. f Editor of the Journal of Education, London. Officier d'Academie, Paris. ~|_ *aD'e- GEORGE A. BOULENGER, D.Sc., PH.D., F.R.S. f In charge of the Collections of Reptiles and Fishes, Department of Zoology, British -j Flat-flsh. Museum. Vice-President of the Zoological Society of London. 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 Uni- J versity of Edinburgh. Vice-President, Ophthalmological Society. Author of j Eye : Diseases. Diseases of the Eye; The Elements of Ophthalmoscopic Diagnosis; Subjective Symptoms in Eye Diseases ; &c. L GEORGE BURTON ADAMS, A.M., B.D., PH.D., Lnr.D. f Professor of History, Yale University. Editor of American Historical Review. Author of Civilization during the Middle Ages; Political History of England, 1066- ' 1216; &c. 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 Com- missioners for Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia and Melbourne, 1873, 1876, 1878, 1880-1881. REV. GEORGE EDMUNDSON, M.A., F.R.Hisx.S. r Formerly Fellow and Tutor of Brasenose College, Oxford. Ford's Lecturer, 1909. J _,, j Hon. Member, Dutch Historical Society, and Foreign Member, Netherlands Associa- | *lanQ ** tion of Literature. Exhibition. GEORGE FREDERICK ZIMMER, A.M.lNST.C.E. Author of Mechanical Handling of Material. J Flour and Flour Manufacture. GEORGE GRENVILLE PHILLIMORE, M.A., B.C.L. Christ Church, Oxford. Barrister-at-Law, Middle Temple. J Fishery, Law of. GIFFORD PINCHOT, A.M., D.Sc., LL.D. r Professor of Forestry, Yale University. Formerly Chief Forester, U.S.A. of the National Conservation Association. Member of the Society of American Foresters, Royal English Arboricultural Society, &c. Author of The White Pine; I A Primer of Forestry; &c. [_ REV. GRIFFITHS WHEELER THATCHER, M.A., B.D. f Fairuzabadl; Formerly Tutor in Hebrew and Old -| Fakhr ud-Din Razi; President I Forests and Forestry: United States. Warden of Camden College, Sydney, N.S.W. Testament History at Mansfield College, Oxford. FarabI; Farazdaq. viii INITIALS AND HEADINGS OF ARTICLES H. B. S. REV. HENRY BARCLAY SWETE, M.A., D.D., LITT.D. r Regius Professor of Divinity, Cambridge University. Fellow of Gonville and Caius J College, Cambridge. Fellow of King's College, London. Fellow of British Academy. 1 Fathers of the Church. Hon. Canon of Ely Cathedral. Author of The Holy Spirit in the New Testament; &c. (. H. Ch. HUGH CHISHOLM, M.A. f Formerly Scholar of Corpus Christi College, Oxford. Editor of the nth Edition •{ Forster. of the Encyclopaedic, Britannica ; Co-Editor of the loth edition. L H. De. HIPPOLYTE DELEHAYE, S.J. f Fiacre Saint- Assistant in the compilation of the Bollandist publications: Analecta Bollandiana •{ -p.^ and Acta Sanctorum. \ Flo»an« Saint. H. F. G. HANS FRIEDRICH GADOW, F.R.S., PH.D. ( Strickland Curator and Lecturer on Zoology in the University of Cambridge. 4 Flamingo. Author of " Amphibia and Reptiles," in the Cambridge Natural History. H. L. S. H. LAWRENCE SWINBURNE (d. 1909). | Flag. H. St. HENRY STURT, M.A. f Fechner; Author of Idola Theatri ; The Idea of a Free Church ; Personal Idealism. \ Feuerbach, Lud wig A. f Fitz Neal; H. W. C. D. HENRY WILLIAM CARLESS DAVIS, M.A. Fitz Peter, Geoffrey; Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls' College, Oxford, -j Fitz Stephen, William; 1895-1902. Author of England under the Normans and Angevins; Charlemagne. p Bo°KS Ol ment History; Religion of Ancient Palestine; &c. SIDNEY COLVIN, LL.D. See the biographical article : COLVIN, S. VISCOUNT ST CYRES. See the biographical article: IDDESLEIGH, IST EARL OF 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. 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. THOMAS ALLAN INGRAM, M.A., LL.D. Trinity College, Dublin. / Fine Arts; Finiguerra; I Flaxman. \ Fenelon. Extradition: U.S.A. Exchequer (in part). •I Explosives: Law. 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 Appiu SIR THOMAS BARCLAY, M.P. Member of the Institute of International Law. Member of the Supreme Council of J Exterritoriality the Congo Free State. Officer of the Legion of Honour. Author of Problems of ] International Practice and Diplomacy; &c. M.P. for Blackburn, 1910. I -f. j Eve (in part). 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 •{ Everest, Mount Persia-Beluch Boundary, 1896. Author of The Indian Borderland; The Gates of India ; &c. L REV. THOMAS KELLY CHEYNE, D.D. See the biographical article : CHEYNE, T. K. THOMAS SECCOMBE, MA. [" Lecturer in History, East London and Birkbeck Colleges, University of London. Stanhope Prizeman, Oxford, 1887. Formerly Assistant Editor of Dictionary of J Fawceit, Henry. National Biography, 1891-1901. Joint-author of The Bookman History of English Literature. Author of The Age of Johnson ; &c. THOMAS WOODHOUSE. r Head of Weaving and Textile Designing Department, Technical College, Dundee. ~\ ' VICTOR CHARLES MAHILLON. r Principal of the Conservatoire Royal deMusique at Brussels. Chevalier of the Legion J Flute (in part). of Honour. REV. WILLIAM AUGUSTUS BREVOORT COOLIDGE, M.A., F.R.G S., Ph.D. (Bern), r 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. L WALTER ALISON PHILLIPS, M.A. f Excellency Faust- Formerly Exhibitioner of Merton College and Senior Scholar of St John's College, •{ w i, • -om Flax. Oxford. Author of Modern Europe; &c. WILLIAM BURTON, M.A., F.C.S. Chairman, Joint Committee of Pottery Manufacturers of Great Britain. English Stoneware and Earthenware ; &c. •v Author of -j Firebrick (in part). WALTER CAMP, A.M. Member of Yale University Council. and Figures; &c. Author of American Football; Football Facts -I Football: American (in part). 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.-; Fisheries, Formerly Fellow of Lincoln College, Oxford. Author of The Races and Migrations of the Mackerel ; The Impoverishment of the Sea ; &c. WALTER HEPWORTH. Formerly Commissioner of the Council of Education, Science and Art Department, - South Kensington. WILLIAM MICHAEL ROSSETTI. See the biographical article : ROSSETTI, DANTE G. Fool. Ferrari, Gaudenzio; Fielding, Copley; Franceschi, Piero; Francia. Xll W. P. P. W. N. S. W. P. R. W. R. S. W. R. E. H. W. Sch. W. W. F.* W. W. R.* INITIALS AND HEADINGS OF ARTICLES 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. 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. 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, NewJ nni Sir William Author of The Long White Cloud, a History of New Zealand; Feather (in part). Fog. Zealand, 1891-1896. &c. Eve (in part). Explosives. WILLIAM ROBERTSON SMITH, LL.D. See the biographical article: SMITH, W. R. 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. SIR WILHELM SCHLICH, K.C.I.E., M.A., PH.D., F.R.S., F.L.S. r Professor of Forestry at the University of Oxford. Hon. Fellow of St John's College. I _ , _ Author of A Manual of Forestry; Forestry in the United Kingdom; The Outlook of) Forests and Forestry. the World's Timber Supply; &c. [ WILLIAM WARDE FOWLER, M.A. f 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. WILLIAM WALKER ROCKWELL, LIC.THEOL. Assistant Professor of Church History, Union Theological Seminary, Author of Die Doppelehe des Landgrafen Philipp von Hessen. Fortuna. New York. - Ferrara-Florence, Council of. PRINCIPAL UNSIGNED ARTICLES Evil Eye. Excise. Execution. Executors and Adminis- trators. • Exeter. Exile. Eylau. Famine. Fault. Federal Government Federalist Party. Fehmic Courts. Felony. Fez. Fezzan. Fictions. Fife. Fig. Filigree Fir. Fives. Fleurus. Florida. Foix. Fold. Fontenelle. Fontenoy. Foot and Mouth Disease. Forest Laws. Foriarshire. Forgery. Formosa. Foundling Hospitals. Fountain. ENCYCLOPEDIA BRITANNIC A ELEVENTH EDITION VOLUME X EVAN&ELICAL 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 2ist 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 igth century. Though no Kirchentag, as such, has been convened since 1871, its place has been taken by the Kongress fiir 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 i6th 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 de- nomination gradually assumed a more decidedly anti-Calvinistic x. i 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 Pres- byterian 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 £17 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 Calvin- istic 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 igth of July 1838. In spite of his early dis- advantages and personal disfigurement (he had lost an eye in a EVANS, E. H.— EVANS, O. 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 3Oth 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 cam- paign 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 m action, that it had never lost a gun or an equipage, and that it had taken 27 guns and noo 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 i7th of November 1823. He was for many years head of the extensive paper manufactory of Messrs John Dickin- son at Nash Mills, Hemel Hempstead, but was especially dis- tinguished 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 Imple- ments, 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 sub- jects— 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 3ist of May 1908. His eldest son, ARTHUR JOHN EVANS, born in 1851, was educated at Brasenose College, Oxford, and Gottingen. He be- came 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 publi- cations are: Cretan Piclographs and Prae- Phoenician Script (1896); Further Discoveries of Cretan and Aegean Script (1898); The Mycenaean Tree and Pillar Cidt (1901); Scripta Minoa (1909 foil.); 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 EVANSON— EVANSVILLE 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 mil) 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 2ist of April 1819. EVANSON, EDWARD (1731-1805), English divine, was born on the 2ist 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 Worcester- shire. In the course of his studies he discovered what he thought important variance between the teaching of the Church of Eng- land 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 dis- missed 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 pre- dicted 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 Testa- ment 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 foreshadow- ings of the Apocalypse. This he considered the most important of his writings. Shortly before his death at Colford, near Crediton, Devonshire, on the 2$th of September 1805, he com- pleted 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 181 1. 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 North- western University, co-educational, chartered in 1851, opened in 1855, the largest school cf 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. Enjoy- ing 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; (1010 census) 69,647. Of the total population in 1900, 5518 were negroes, 5626 were foreign-born (including 4380 from Germany and 384 from Eng- land), 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 steam- boats. 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 manu- facturing 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, agricul- tural 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 EVARISTUS— EVE & 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 ad- ministration (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. E&a, of the Hebrew name *W Hawah, 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, and ed., p. 208), as if Eve were the per- sonification of mother-kinship, just as Adam (" man ") is the personification of mankind. [The abstract meaning " life " (LXX. Zuri), 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 Hawah and the IJiwites.] [The account of the origin of Eve (Gen. iii. 21-23) nins 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 o™Eve" UP tne flesh 'n 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 circum- stances 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 presenta- tion of Eye's story as well as by the prophetic descriptions of Yahweh's relation to Israel under the figure of a monogamous union.] [The narrator is no rhetorician, and spares us a description of the ideal woman. But we know that, for Adam, his strangely New produced wife was a " help (or helper) matching or Testament corresponding to him "; or, as the Authorized Version *^lc" puts it, " a help meet for him " (ii. 186). 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 1 That polygamy had not become morally objectionable is shown by the stories of Lamech, Abraham and Jacob. own and in the neighbouring countries, and which he may have regarded as (together with the pains of parturition) the punish- ment 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 authori- tative 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 i Cor. xi. 8, 9 (especially); 2 Cor. xi. 3; i Tim. ii. 13, 14; and in general cf. ADAM, and Ency. Biblica, " Adam and Eve."] [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 Lepto- imagiaa- genesis, a Palestinian work (referred by R. H. Charles tive or to the century immediately preceding the Christian era ; legendary 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. §53; cf. Quaest. in Gen. lib. i. §25), 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 critic3 (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 Bundahish4 (the Parsi Genesis), and an Indian legend, which, according to Spiegel, has presumably an Iranian source.6 [It has been remarked elsewhere (ADAM, §16) that though the later Jews gathered material for thought very widely, such guidance as they required in theological reflection was course of mainly derived from Greek culture. What, for in- Jewish and stance, was to be made of such a story as that in Gen. Christian ii.-iv.? To " minds trained under the influence of the £j^re~ 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 repre- sentative 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. 1 See West's authoritative translation in Pahlavi Texts (Sacred Books of the East). 3 " Die bibl. Schopf ungsberichte " (Archivfur Religwnsunsscnschaft, ix. 171 ff.). 4 Spiegel, Erdnische Alterthumskunde, i. 511. 6 Muir, Sanscrit Texts, vol. i. p. 25; cf. Spiegel, vol. i. p. 458. EVECTION— EVELYN 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. Stromala, p. 174). These difficulties had more weight with the Western church, which, less devoted to speculative abstractions and more deeply in- fluenced 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. 2i).J The history of Adam and Eve became the basis of anthropo- logical discussions which acquired more than speculative import- ance 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 school- men 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 Proto- plasts, 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 every- thing 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 in- creasing 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 1 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.). 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.)) 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 i° 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 Aus- trians and 325 Swedes); (1910) 7036. Eveleth is served by the Duluth, Missabe & Northern and the Duluth & Iron Range rail- ways. 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. Eve- leth was first chartered as a city in 1902. EVELYN, JOHN (1620-1706), English diarist, was born at Wotton House, near Dorking, Surrey, on the 3ist 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 be 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 : — " I2th 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 1 5th 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 loth [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 im- possible to evade doing very unhandsome things," he obtained leave in October 1643 from the king to travel abroad. From this date bis 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 EVELYN 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 corre- spondence 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 Dept- ford, 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 £3500, 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. Mean- while 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, com- missioner 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 Green- wich hospital for old sailors, and laid the first stone of the new building on the 3oth 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 1 699. 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 admir- able 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 Frangois 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 IX th year of . . . Louis XIII. (1652) ; An Essay on the First Book of T. Lucretius Cams de Rerum Natura. Interpreted and made English verse by J. Evelyn (1656) ; The Golden Book of St John Chrysoslom, 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 incon- venience 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 Naud6; 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 Dis- course 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— EVERETT, A. H. EVERDINGEN, ALLART VAN (i62i-?i675), 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 tradi- tion, 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 i;th 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 i7th 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 reminis- cence 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 inter- spersed 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 Hermit- age 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 master- pieces 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 col- lector 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 nth 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 mathe- matical 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 em- ployed 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 super- intendent 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 ist 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 meri- dional arc of India, 115° 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° 3' and 24° 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 A re of India bounded by the parallels of 18° 3' 15", 24° 7' 11", and 20° 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 trigono- metrical 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 Schlagint- weit), 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 I9th 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 8 EVERETT, C. C.— EVERETT, EDWARD 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 estab- lished, 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 follow- ing year, and died on the 2gth 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 Pros- pects (1827), which was translated into several European lan- guages; a volume of Poems (1845); and Critical and Miscellane- ous Essays (first series, 1845; second series, 1847). EVERETT, CHARLES CARROLL (1829-1900), American divine and philosopher, was born on the i9th of June 1829, at Brunswick, Maine. He studied at Bowdoin College, where he graduated in 1850, after which he proceeded to Berlin. Subse- quently 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 Fickle' 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 i6th of October 1900. EVERETT, EDWARD (1794-1865), American statesman and orator, was born in Dorchester, Massachusetts, on the nth 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 pub- lication in 1814 of a volume entitled Defence of Christianity, written in answer to a work, The Grounds of Christianity Exa- mined (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 Apportion- ment 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 ques- tions 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 P'illmore'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 todeliveran " oration" on sometopicof 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 im- pending conflict of arms between the North and South, Everett EVERETT— EVERGREEN prepared an " oration " on George Washington, which he de- livered 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 Consti- tutional-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 gth 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 isth 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 resi- dential 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 manufac- tures 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 °r 38-3%. Everett was first settled about 1630, remaining a part of Maiden (and being known as South Maiden) 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, Bade 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 i 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 approach- ing 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 1 9th 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 inhabi- tants. In 1850 under the " Arkansas Bill," or Swamp and Over- flow 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, comp- troller, 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 Caloosa- hatchee 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 10 EVERLASTING— EVESHAM temperate or colder zones where a season favourable to vegeta- tion 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 ever- green, 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 orientate. It is a native of North Africa, Crete, and the parts of Asia bordering on the Mediter- ranean; and it is cultivated in many parts of Europe. It first became known in Europe about the year 1629, and has been culti- vated 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 supph'es of Helichry- sum orientate 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 sur- rounded 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 re- jected. A well-managed plantation is productive for eight or ten years. The plant is tufted in its growth, each plant produc- ing 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^ to 6£ 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. bractealum, with several varieties, including double forms, of different colours; H. veslilum (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 con- stituents. 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 3 1 7 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 1 859 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 intro- duction 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 2oth 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, 1860-1871; 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 com- mission 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 i6th 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 EVIDENCE ii 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 trad- ing 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 203. 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 govern- ing charter of the borough. Evesham returned two members to parliament in 1295 and again in 1337, after which date the privilege lapsed until 1 604. 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 pro- ceedings. 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. The English law of evidence is of comparatively modern growth. It enshrines certain maxims, some derived from Roman law, History 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 1 8th century, and consists of this judge-made law, as modified by statutory enactments of the igth 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 pre- ceding, 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 lath and i3th centuries the old formal accusatory procedure began to break down, and to be super- seded by another form of procedure known as inquisitio, inquest, or enquSle. 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 ascer- taining 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 neces- sarily 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 lan- guage 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 pro- cedure 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 i2th and i3th centuries to abolish the old formal methods of procedure, and to give the new procedure the name of inquisi- tion 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 12 EVIDENCE of the fourth Lateran Council, who introduced the new in- quisitorial 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 in- quisitorial 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 testi- mony 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 em- bodied 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 un- reformed procedure which was condemned in the i8th 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 1 8th 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 Black- stone 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 mis- representation and indefatigable self-contradiction." In any case it remained the standard authority on the law of evidence throughout the remainder of the i8th century. Bentham wrote his Rationale of Judicial Evidence, specially applied to English Practice, at various times between the years 1802 and 1812. 1 Reference may be made to a well-known passage in the Essay concerning Human Understanding (Book iv. ch. xv.) : " The grounds of probability are — First, the conformity of anything with our own knowledge, observation and experience. Second, the testimony of others touching their observation and experience. In the testimony of others is to be considered (l) the number, (2) the integrity, (3) the skill of the witnesses. (4) The design of the author, where it is a testimony out of a book cited. (5) The consistency of the parts and circumstances of the relation. (6) Contrary testimonies." 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 ad- missible witnesses subject to a proviso that " nothing herein contained shall render any person who in any criminal proceed- ing 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 ccmpellable to give evidence for or against his wife, or any wife competent or com- pellable to give evidence for or against her husband." The Evidence (Scotland) Act 1853 made a similar provision for Scot- land. 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 EVIDENCE 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 legis- lation. 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 com- mittee 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 dis- qualifications for want of religious belief is referred to below under the head of " Witnesses." 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 igth 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 em- bedded. 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 conyinced 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 con- spicuous 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. 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 EVIDENCE as the word is used in the wider or in the narrower sense. Am 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 trainee experience, who has to arrive at a conclusion with the help ol 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 con- centrating their attention on the questions immediately before them, and by preventing them from being distracted or be- wildered 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 evi- dence 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" (Hollineham 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 deter- mine 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 parti- cular 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 enact- ments, 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, tt will be arranged here under the following heads: — I. Prelimin- ary Matter; II. Classes of Evidence; III. Rules of Exclusion;. [V. Documentary Evidence; V. Witnesses. I. PRELIMINARY MATTER Under this head may be grouped certain principles and con- siderations which limit the range of matters to which evidence relates. i. Law and Fact. — Evidence relates only to facts. It is therefore necessary to touch on the distinction between law and facts. Ad quaeslionem facli non respondent judices; ad quaestitnem juris non respondent juratores. Thus Coke, attribut- ng, after his wont, to Bracton a maxim which may have been nvented by himself. The maxim became the subject of political controversy, and the two rival views are represented by Pul- *.eney's lines — " For twelve honest men have decided the cause Who are judges alike of the facts and the laws," md 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 EVIDENCE 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 em- ployed. 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 codify- ing 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 genera) 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 idiosyn- crasy 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 sup- posed 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 presump- tion, or, as it is sometimes called, a presumption of law, as dis- tinguished 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 con- venience, 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 pro- ceedings, 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 presump- tion 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 presump- tions 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 interrup- tion 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 establish- ing 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 presump- tions in particular cases, to the principle that in considering the amount of evidence necessary to shift the burden of proof regard i6 EVIDENCE 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 com- plaint in summary proceedings negatives any exemption, excep- tion, 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 document- ary. 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 any- thing 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: — (i) 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. i . Rule of Relevancy. — The so-called rule of relevancy is some- times 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 char- acter 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 im- portant principle in English trials. It is subject to three excep- tions: 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 im- morality 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 ofJproving his' state of mind on the occasion. This principle is most commonly applied in charges for uttering false documents or base coin, and not uncom- monly 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 EVIDENCE (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 prepara- tion 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 ab- sconded, 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 com- mitting 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 trans- action of which they form part (under the res gestae rule men- tioned 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 i8th 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 " (i 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 differ- ence 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 him- self, 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 diffi- culty, 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, incor- porating 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 com- mission. 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-examina- tion 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 nope 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 per- sons 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. (/) 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