Encyclopaedia Britannica, 11th Edition, "Evangelical Church Conference" to "Fairbairn, Sir William" Volume 10, Slice 1

VOLUME X

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EVANGELICAL CHURCH CONFERENCE, a convention of delegates from the different Protestant churches of Germany. The conference originated in 1848, when the general desire for political unity made itself felt in the ecclesiastical sphere as well. A preliminary meeting was held at Sandhof near Frankfort in June of that year, and on the 21st of September some five hundred delegates representing the Lutheran, the Reformed, the United and the Moravian churches assembled at Wittenberg. The gathering was known as _Kirchentag_ (church diet), and, while leaving each denomination free in respect of constitution, ritual, doctrine and attitude towards the state, agreed to act unitedly in bearing witness against the non-evangelical churches and in defending the rights and liberties of the churches in the federation. The organization thus closely resembles that of the Free Church Federation in England. The movement exercised considerable influence during the middle of the 19th century. Though no _Kirchentag_, as such, has been convened since 1871, its place has been taken by the _Kongress fur innere Mission_, which holds annual meetings in different towns. There is also a biennial conference of the evangelical churches held at Eisenach to discuss matters of general interest. Its decisions have no legislative force.

EVANGELICAL UNION, a religious denomination which originated in the suspension of the Rev. James Morison (1816-1893), minister of a United Secession congregation in Kilmarnock, Scotland, for certain views regarding faith, the work of the Holy Spirit in salvation, and the extent of the atonement, which were regarded by the supreme court of his church as anti-Calvinistic and heretical. Morison was suspended by the presbytery in 1841 and thereupon definitely withdrew from the Secession Church. His father, who was minister at Bathgate, and two other ministers, being deposed not long afterwards for similar opinions, the four met at Kilmarnock on the 16th of May 1843 (two days before the "Disruption" of the Free Church), and, on the basis of certain doctrinal principles, formed themselves into an association under the name of the Evangelical Union, "for the purpose of countenancing, counselling and otherwise aiding one another, and also for the purpose of training up spiritual and devoted young men to carry forward the work and 'pleasure of the Lord.'" The doctrinal views of the new denomination gradually assumed a more decidedly anti-Calvinistic form, and they began also to find many sympathizers among the Congregationalists of Scotland. Nine students were expelled from the Congregational Academy for holding "Morisonian" doctrines, and in 1845 eight churches were disjoined from the Congregational Union of Scotland and formed a connexion with the Evangelical Union. The Union exercised no jurisdiction over the individual churches connected with it, and in this respect adhered to the Independent or Congregational form of church government; but those congregations which originally were Presbyterian vested their government in a body of elders. In 1889 the denomination numbered 93 churches; and in 1896, after prolonged negotiation, the Evangelical Union was incorporated with the Congregational Union of Scotland.

See _The Evangelical Union Annual; History of the Evangelical Union_, by F. Ferguson (Glasgow, 1876); _The Worthies of the E. U._ (1883); W. Adamson, _Life of Dr James Morison_ (1898).

EVANS, CHRISTMAS (1766-1838), Welsh Nonconformist divine, was born near the village of Llandyssul, Cardiganshire, on the 25th of December 1766. His father, a shoemaker, died early, and the boy grew up as an illiterate farm labourer. At the age of seventeen, becoming servant to a Presbyterian minister, David Davies, he was affected by a religious revival and learned to read and write in English and Welsh. The itinerant Calvinistic Methodist preachers and the members of the Baptist church at Llandyssul further influenced him, and he soon joined the latter denomination. In 1789 he went into North Wales as a preacher and settled for two years in the desolate peninsula of Lleyn, Carnarvonshire, whence he removed to Llangefni in Anglesey. Here, on a stipend of L17 a year, supplemented by a little tract-selling, he built up a strong Baptist community, modelling his organization to some extent on that of the Calvinistic Methodists. Many new chapels were built, the money being collected on preaching tours which Evans undertook in South Wales.

In 1826 Evans accepted an invitation to Caerphilly, where he remained for two years, removing in 1828 to Cardiff. In 1832, in response to urgent calls from the north, he settled in Carnarvon and again undertook the old work of building and collecting. He was taken ill on a tour in South Wales, and died at Swansea on the 19th of July 1838. In spite of his early disadvantages and personal disfigurement (he had lost an eye in a youthful brawl), Christmas Evans was a remarkably powerful preacher. To a natural aptitude for this calling he united a nimble mind and an inquiring spirit; his character was simple, his piety humble and his faith fervently evangelical. For a time he came under Sandemanian influence, and when the Wesleyans entered Wales he took the Calvinist side in the bitter controversies that were frequent from 1800 to 1810. His chief characteristic was a vivid and affluent imagination, which absorbed and controlled all his other powers, and earned for him the name of "the Bunyan of Wales."

His works were edited by Owen Davies in 3 vols. (Carnarvon, 1895-1897). See the _Lives_ by D.R. Stephens (1847) and Paxton Hood (1883).

EVANS, EVAN HERBER (1836-1896), Welsh Nonconformist divine, was born on the 5th of July 1836, at Pant yr Onen near Newcastle Emlyn, Cardiganshire. As a boy he saw something of the "Rebecca Riots," and went to school at the neighbouring village of Llechryd. In 1853 he went into business, first at Pontypridd and then at Merthyr, but next year made his way to Liverpool. He decided to enter the ministry, and studied arts and theology respectively at the Normal College, Swansea, and the Memorial College, Brecon, his convictions being deepened by the religious revival of 1858-1859. In 1862 he succeeded Thomas Jones as minister of the Congregational church at Morriston near Swansea. In 1865 he became pastor of Salem church, Carnarvon, a charge which he occupied for nearly thirty years despite many invitations to English pastorates. In 1894 he became principal of the Congregational college at Bangor. He died on the 30th of December 1896. He was chairman of the Welsh Congregational Union in 1886 and of the Congregational Union of England and Wales in 1892; and by his earnest ministry, his eloquence and his literary work, especially in the denominational paper _Y Dysgedydd_, he achieved a position of great influence in his country.

See _Life_ by H. Elvet Lewis.

EVANS, SIR GEORGE DE LACY (1787-1870), British soldier, was born at Moig, Limerick, in 1787. He was educated at Woolwich Academy, and entered the army in 1806 as a volunteer, obtaining an ensigncy in the 22nd regiment in 1807. His early service was spent in India, but he exchanged into the 3rd Light Dragoons in order to take part in the Peninsular War, and was present in the retreat from Burgos in 1812. In 1813 he was at Vittoria, and was afterwards employed in making a military survey of the passes of the Pyrenees. He took part in the campaign of 1814, and was present at Pampeluna, the Nive and Toulouse; and later in the year he served with great distinction on the staff in General Ross's Bladensburg campaign, and took part in the capture of Washington and of Baltimore and the operations before New Orleans. He returned to England in the spring of 1815, in time to take part in the Waterloo campaign as assistant quartermaster-general on Sir T. Picton's staff. As a member of the staff of the duke of Wellington he accompanied the English army to Paris, and remained there during the occupation of the city by the allies. He was still a substantive captain in the 5th West India regiment, though a lieutenant-colonel by brevet, when he went on half-pay in 1818. In 1830 he was elected M.P. for Rye in the Liberal interest; but in the election of 1832 he was an unsuccessful candidate both for that borough and for Westminster. For the latter constituency he was, however, returned in 1833, and, except in the parliament of 1841-1846, he continued to represent it till 1865, when he retired from political life. His parliamentary duties did not, however, interfere with his career as a soldier. In 1835 he went out to Spain in command of the Spanish Legion, recruited in England, and 9600 strong, which served for two years in the Carlist War on the side of the queen of Spain. In spite of great difficulties the legion won great distinction on the battlefields of northern Spain, and Evans was able to say that no prisoners had been taken from it in action, that it had never lost a gun or an equipage, and that it had taken 27 guns and 1100 prisoners from the enemy. He received several Spanish orders, and on his return in 1839 was made a colonel and K.C.B. In 1846 he became major-general; and in 1854, on the breaking-out of the Crimean War, he was made lieutenant-general and appointed to command the 2nd division of the Army of the East. At the battle of the Alma, where he received a severe wound, his quick comprehension of the features of the combat largely contributed to the victory. On the 26th of October he defeated a large Russian force which attacked his position on Mount Inkerman. Illness and fatigue compelled him a few days after this to leave the command of his division in the hands of General Pennefather; but he rose from his sick-bed on the day of the battle of Inkerman, the 5th of November, and, declining to take the command of his division from Pennefather, aided him in the long-protracted struggle by his advice. On his return invalided to England in the following February, Evans received the thanks of the House of Commons. He was made a G.C.B., and the university of Oxford conferred on him the degree of D.C.L. In 1861 he was promoted to the full rank of general. He died in London on the 9th of January 1870.

EVANS, SIR JOHN (1823-1908), English archaeologist and geologist, son of the Rev. Dr A.B. Evans, head master of Market Bosworth grammar school, was born at Britwell Court, Bucks, on the 17th of November 1823. He was for many years head of the extensive paper manufactory of Messrs John Dickinson at Nash Mills, Hemel Hempstead, but was especially distinguished as an antiquary and numismatist. He was the author of three books, standard in their respective departments: _The Coins of the Ancient Britons_ (1864); _The Ancient Stone Implements, Weapons and Ornaments of Great Britain_ (1872, 2nd ed. 1897); and _The Ancient Bronze Implements, Weapons and Ornaments of Great Britain and Ireland_ (1881). He also wrote a number of separate papers on archaeological and geological subjects--notably the papers on "Flint Implements in the Drift" communicated in 1860 and 1862 to _Archaeologia_, the organ of the Society of Antiquaries. Of that society he was president from 1885 to 1892, and he was president of the Numismatic Society from 1874 to the time of his death. He also presided over the Geological Society, 1874-1876; the Anthropological Institute, 1877-1879; the Society of Chemical Industry, 1892-1893; the British Association, 1897-1898; and for twenty years (1878-1898) he was treasurer of the Royal Society. As president of the Society of Antiquaries he was an _ex officio_ trustee of the British Museum, and subsequently he became a permanent trustee. His academic honours included honorary degrees from several universities, and he was a corresponding member of the Institut de France. He was created a K.C.B. in 1892. He died at Berkhamsted on the 31st of May 1908.

His eldest son, ARTHUR JOHN EVANS, born in 1851, was educated at Brasenose College, Oxford, and Gottingen. He became fellow of Brasenose and in 1884 keeper of the Ashmolean Museum at Oxford. He travelled in Finland and Lapland in 1873-1874, and in 1875 made a special study of archaeology and ethnology in the Balkan States. In 1893 he began his investigations in Crete, which have resulted in discoveries of the utmost importance concerning the early history of Greece and the eastern Mediterranean (see AEGEAN CIVILIZATION AND CRETE). He is a member of all the chief archaeological societies in Europe, holds honorary degrees at Oxford, Edinburgh and Dublin, and is a fellow of the Royal Society. His chief publications are: _Cretan Pictographs and Prae-Phoenician Script_ (1896); _Further Discoveries of Cretan and Aegean Script_ (1898); _The Mycenaean Tree and Pillar Cult_ (1901); _Scripta Minoa_ (1909 foll.); and reports on the excavations. He also edited with additions Freeman's _History of Sicily_, vol. iv.

EVANS, OLIVER (1755-1819), American mechanician, was born at Newport, Delaware, in 1755. He was apprenticed to a wheelwright, and at the age of twenty-two he invented a machine for making the card-teeth used in carding wool and cotton. In 1780 he became partner with his brothers, who were practical millers, and soon introduced various labour-saving appliances which both cheapened and improved the processes of flour-milling. Turning his attention to the steam engine, he employed steam at a relatively high pressure, and the plans of his invention which he sent over to England in 1787 and in 1794-1795 are said to have been seen by R. Trevithick, whom in that case he anticipated in the adoption of the high-pressure principle. He made use of his engine for driving mill machinery; and in 1803 he constructed a steam dredging machine, which also propelled itself on land. In 1819 a disastrous fire broke out in his factory at Pittsburg, and he did not long survive it, dying at New York on the 21st of April 1819.

EVANSON, EDWARD (1731-1805), English divine, was born on the 21st of April 1731 at Warrington, Lancashire. After graduating at Cambridge (Emmanuel College) and taking holy orders, he officiated for several years as curate at Mitcham. In 1768 he became vicar of South Mimms near Barnet; and in November 1769 he was presented to the rectory of Tewkesbury, with which he held also the vicarage of Longdon in Worcestershire. In the course of his studies he discovered what he thought important variance between the teaching of the Church of England and that of the Bible, and he did not conceal his convictions. In reading the service he altered or omitted phrases which seemed to him untrue, and in reading the Scriptures pointed out errors in the translation. A crisis was brought on by his sermon on the resurrection, preached at Easter 1771; and in November 1773 a prosecution was instituted against him in the consistory court of Gloucester. He was charged with "depraving the public worship of God contained in the liturgy of the Church of England, asserting the same to be superstitious and unchristian, preaching, writing and conversing against the creeds and the divinity of our Saviour, and assuming to himself the power of making arbitrary alterations in his performance of the public worship." A protest was at once signed and published by a large number of his parishioners against the prosecution. The case was dismissed on technical grounds, but appeals were made to the court of arches and the court of delegates. Meanwhile Evanson had made his views generally known by several publications. In 1772 appeared anonymously his _Doctrines of a Trinity and the Incarnation of God, examined upon the Principles of Reason and Common Sense_. This was followed in 1777 by _A Letter to Dr Hurd, Bishop of Worcester, wherein the Importance of the Prophecies of the New Testament and the Nature of the Grand Apostasy predicted in them are particularly and impartially considered_. He also wrote some papers on the Sabbath, which brought him into controversy with Joseph Priestley, who published the whole discussion (1792). In the same year appeared Evanson's work entitled _The Dissonance of the four generally received Evangelists_, to which replies were published by Priestley and David Simpson (1793). Evanson rejected most of the books of the New Testament as forgeries, and of the four gospels he accepted only that of St Luke. In his later years he ministered to a Unitarian congregation at Lympston, Devonshire. In 1802 he published _Reflections upon the State of Religion in Christendom_, in which he attempted to explain and illustrate the mysterious foreshadowings of the Apocalypse. This he considered the most important of his writings. Shortly before his death at Colford, near Crediton, Devonshire, on the 25th of September 1805, he completed his _Second Thoughts on the Trinity_, in reply to a work of the bishop of Gloucester.

His sermons (prefaced by a Life by G. Rogers) were published in two volumes in 1807, and were the occasion of T. Falconer's _Bampton Lectures_ in 1811. A narrative of the circumstances which led to the prosecution of Evanson was published by N. Havard, the town-clerk of Tewkesbury, in 1778.

EVANSTON, a city of Cook county, Illinois, U.S.A., on the shore of Lake Michigan, 12 m. N. of Chicago. Pop. (1900) 19,259, of whom 4441 were foreign-born; (1910 U.S. census) 24,978. It is served by the Chicago & North-Western, and the Chicago, Milwaukee & St Paul railways, and by two electric lines. The city is an important residential suburb of Chicago. In 1908 the Evanston public library had 41,430 volumes. In the city are the College of Liberal Arts (1855), the Academy (1860), and the schools of music (1895) and engineering (1908) of Northwestern University, co-educational, chartered in 1851, opened in 1855, the largest school of the Methodist Episcopal Church in America. In 1909-1910 it had productive funds amounting to about $7,500,000, and, including all the allied schools, a faculty of 418 instructors and 4487 students; its schools of medicine (1869), law (1859), pharmacy (1886), commerce (1908) and dentistry (1887) are in Chicago. In 1909 its library had 114,869 volumes and 79,000 pamphlets (exclusive of the libraries of the professional schools in Chicago); and the Garrett Biblical Institute had a library of 25,671 volumes and 4500 pamphlets. The university maintains the Grand Prairie Seminary at Onarga, Iroquois county, and the Elgin Academy at Elgin, Kane county. Enjoying the privileges of the university, though actually independent of it, are the Garrett Biblical Institute (Evanston Theological Seminary), founded in 1855, situated on the university campus, and probably the best-endowed Methodist Episcopal theological seminary in the United States, and affiliated with the Institute, the Norwegian Danish Theological school; and the Swedish Theological Seminary, founded at Galesburg in 1870, removed to Evanston in 1882, and occupying buildings on the university campus until 1907, when it removed to Orrington Avenue and Noyes Street. The Cumnock School of Oratory, at Evanston, also co-operates with the university. By the charter of the university the sale of intoxicating liquors is forbidden within 4 m. of the university campus. The manufacturing importance of the city is slight, but is rapidly increasing. The principal manufactures are wrought iron and steel pipe, bakers' machinery and bricks. In 1905 the value of the factory products was $2,550,529, being an increase of 207.3% since 1900. In Evanston are the publishing offices of the National Woman's Christian Temperance Union. Evanston was incorporated as a town in 1863 and as a village in 1872, and was chartered as a city in 1892. The villages of North Evanston and South Evanston were annexed to Evanston in 1874 and 1892 respectively.

EVANSVILLE, a city and the county-seat of Vanderburg county, Indiana, U.S.A., and a port of entry, on the N. bank of the Ohio river, 200 m. below Louisville, Kentucky--measuring by the windings of the river, which double the direct distance. Pop. (1890) 50,756; (1900) 59,007; (1910 census) 69,647. Of the total population in 1900, 5518 were negroes, 5626 were foreign-born (including 4380 from Germany and 384 from England), and 17,419 were of foreign parentage (both parents foreign-born), and of these 13,910 were of German parentage. Evansville is served by the Evansville & Terre Haute, the Evansville & Indianapolis, the Illinois Central, the Louisville & Nashville, the Louisville, Henderson & St Louis, and the Southern railways, by several interurban electric lines, and by river steamboats. The city is situated on a plateau above the river, and has a number of fine business and public buildings, including the court house and city hall, the Southern Indiana hospital for the insane, the United States marine hospital, and the Willard library and art gallery, containing in 1908 about 30,000 volumes. The city's numerous railway connexions and its situation in a coal-producing region (there are five mines within the city limits) and on the Ohio river, which is navigable nearly all the year, combine to make it the principal commercial and manufacturing centre of Southern Indiana. It is in a tobacco-growing region, is one of the largest hardwood lumber markets in the country, and has an important shipping trade in pork, agricultural products, dried fruits, lime and limestone, flour and tobacco. Among its manufactures in 1905 were flour and grist mill products (value, $2,638,914), furniture ($1,655,246), lumber and timber products ($1,229,533), railway cars ($1,118,376), packed meats ($998,428), woollen and cotton goods, cigars and cigarettes, malt liquors, carriages and wagons, leather and canned goods. The value of the factory products increased from $12,167,524 in 1900 to $19,201,716 in 1905, or 57.8%, and in the latter year Evansville ranked third among the manufacturing cities in the state. The waterworks are owned and operated by the city. First settled about 1812, Evansville was laid out in 1817, and was named in honour of Robert Morgan Evans (1783-1844), one of its founders, who was an officer under General W.H. Harrison in the war of 1812. It soon became a thriving commercial town with an extensive river trade, was incorporated in 1819, and received a city charter in 1847. The completion of the Wabash & Erie Canal, in 1853, from Evansville to Toledo, Ohio, a distance of 400 m., greatly accelerated the city's growth.

EVARISTUS, fourth pope (c. 98-105), was the immediate successor of Clement.

EVARTS, WILLIAM MAXWELL (1818-1901), American lawyer, was born in Boston on the 6th of February 1818. He graduated at Yale in 1837, was admitted to the bar in New York in 1841, and soon took high rank in his profession. In 1860 he was chairman of the New York delegation to the Republican national convention. In 1861 he was an unsuccessful candidate for the United States senatorship from New York. He was chief counsel for President Johnson during the impeachment trial, and from July 1868 until March 1869 he was attorney-general of the United States. In 1872 he was counsel for the United States in the "Alabama" arbitration. During President Hayes's administration (1877-1881) he was secretary of state; and from 1885 to 1891 he was one of the senators from New York. As an orator Senator Evarts stood in the foremost rank, and some of his best speeches were published. He died in New York on the 28th of February 1901.

EVE, the English transcription, through Lat. _Eva_ and Gr. [Greek: Eua], of the Hebrew name [Hebrew: Hava] Havvah, given by Adam to his wife because she was "mother of all living," or perhaps more strictly, "of every group of those connected by female kinship" (see W.R. Smith, _Kinship_, 2nd ed., p. 208), as if Eve were the personification of mother-kinship, just as Adam ("man") is the personification of mankind.

[The abstract meaning "life" (LXX. [Greek: Zoe]), once favoured by Robertson Smith, is at any rate unsuitable in a popular story. Wellhausen and Noldeke would compare the Ar. _hayyatun_, "serpent," and the former remarks that, if this is right, the Israelites received their first ancestress from the Hivvites (Hivites), who were originally the serpent-tribe (_Composition des Hexateuchs_, p. 343; cf. _Reste arabischen Heidentums_, 2nd ed., p. 154). Cheyne, too, assumes a common origin for Havvah and the Hivvites.]

Creation of Eve.

[The account of the origin of Eve (Gen. iii. 21-23) runs thus: "And Yahweh-Elohim caused a deep sleep to fall upon the man, and he slept. And he took one of his ribs, and closed up the flesh in its stead, and the rib which Yahweh-Elohim had taken from the man he built up into a woman, and he brought her to the man." Enchanted at the sight, the man now burst out into elevated, rhythmic speech: "This one," he said, "at length is bone of my bone and flesh of my flesh," &c.; to which the narrator adds the comment, "Therefore doth a man forsake his father and his mother, and cleave to his wife, and they become one flesh (body)." Whether this comment implies the existence of the custom of _beena_, marriage (W.R. Smith, _Kinship_, 2nd ed., p. 208), seems doubtful. It is at least equally possible that the expression "his wife" simply reflects the fact that among ordinary Israelites circumstances had quite naturally brought about the prevalence of monogamy.[1] What the narrator gives is not a doctrine of marriage, much less a precept, but an explanation of a simple and natural phenomenon. How is it, he asks, that a man is so irresistibly drawn towards a woman? And he answers: Because the first woman was built up out of a rib of the first man. At the same time it is plain that the already existing tendency towards monogamy must have been powerfully assisted by this presentation of Eve's story as well as by the prophetic descriptions of Yahweh's relation to Israel under the figure of a monogamous union.]

New Testament application.

[The narrator is no rhetorician, and spares us a description of the ideal woman. But we know that, for Adam, his strangely produced wife was a "help (or helper) matching or corresponding to him"; or, as the Authorized Version puts it, "a help meet for him" (ii. 18b). This does not, of course, exclude subordination on the part of the woman; what is excluded is that exaggeration of natural subordination which the narrator may have found both in his own and in the neighbouring countries, and which he may have regarded as (together with the pains of parturition) the punishment of the woman's transgression (Gen. iii. 16). His own ideal of woman seems to have made its way in Palestine by slow degrees. An apocryphal book (Tobit viii. 6, 7) seems to contain the only reference to the section till we come to the time of Christ, to whom the comment in Gen. ii. 24 supplies the text for an authoritative prohibition of divorce, which presupposes and sanctifies monogamy (Matt. x. 7, 8; Matt. xix. 5). For other New Testament applications of the story of Eve see 1 Cor. xi. 8, 9 (especially); 2 Cor. xi. 3; 1 Tim. ii. 13, 14; and in general cf. ADAM, and _Ency. Biblica_, "Adam and Eve."]

Imaginative or legendary developments.

[The seeming omissions in the Biblical narrative have been filled up by imaginative Jewish writers.] The earliest source which remains to us is the Book of Jubilees, or Leptogenesis, a Palestinian work (referred by R.H. Charles to the century immediately preceding the Christian era; see APOCALYPTIC LITERATURE). In this book, which was largely used by Christian writers, we find a chronology of the lives of Adam and Eve and the names of their daughters--Avan and Azura.[2] The Targum of Jonathan informs us that Eve was created from the thirteenth rib of Adam's right side, thus taking the view that Adam had a rib more than his descendants. Some of the Jewish legends show clear marks of foreign influence. Thus the notion that the first man was a double being, afterwards separated into the two persons of Adam and Eve (_Berachot_, 61; _Erubin_, 18), may be traced back to Philo (_De mundi opif._ S53; cf. _Quaest. in Gen._ lib. i. S25), who borrows the idea, and almost the words, of the myth related by Aristophanes in the Platonic _Symposium_ (189 D, 190 A), which, in extravagant form, explains the passion of love by the legend that male and female originally formed one body.

[A recent critic[3] (F. Schwally) even holds that this notion was originally expressed in the account of the creation of man in Gen. i. 27. This involves a textual emendation, and one must at least admit that the present text is not without difficulty, and that Berossus refers to the existence of primeval monstrous androgynous beings according to Babylonian mythology.] There is an analogous Iranian legend of the true man, which parted into man and woman in the Bundahish[4] (the Parsi Genesis), and an Indian legend, which, according to Spiegel, has presumably an Iranian source.[5]

Course of Jewish and Christian interpretation.

[It has been remarked elsewhere (ADAM, S16) that though the later Jews gathered material for thought very widely, such guidance as they required in theological reflection was mainly derived from Greek culture. What, for instance, was to be made of such a story as that in Gen. ii.-iv.? To "minds trained under the influence of the Jewish Haggada, in which the whole Biblical history is freely intermixed with legendary and parabolic matter," the question as to the literal truth of that story could hardly be formulated. It is otherwise when the Greek leaven begins to work.]

Josephus, in the prologue to his _Archaeology_, reserves the problem of the true meaning of the Mosaic narrative, but does not regard everything as strictly literal. Philo, the great representative of Alexandrian allegory, expressly argues that in the nature of things the trees of life and knowledge cannot be taken otherwise than symbolically. His interpretation of the creation of Eve is, as has been already observed, plainly suggested by a Platonic myth. The longing for reunion which love implants in the divided halves of the original dual man is the source of sensual pleasure (symbolized by the serpent), which in turn is the beginning of all transgression. Eve represents the sensuous or perceptive part of man's nature, Adam the reason. The serpent, therefore, does not venture to attack Adam directly. It is sense which yields to pleasure, and in turn enslaves the reason and destroys its immortal virtue. This exposition, in which the elements of the Bible narrative become mere symbols of the abstract notions of Greek philosophy, and are adapted to Greek conceptions of the origin of evil in the material and sensuous part of man, was adopted into Christian theology by Clement and Origen, notwithstanding its obvious inconsistency with the Pauline anthropology, and the difficulty which its supporters felt in reconciling it with the Christian doctrine of the excellence of the married state (Clemens Alex. _Stromata_, p. 174). These difficulties had more weight with the Western church, which, less devoted to speculative abstractions and more deeply influenced by the Pauline anthropology, refused, especially since Augustine, to reduce Paradise and the fall to the region of pure _intelligibilia_; though a spiritual sense was admitted along with the literal (Aug. _Civ. Dei_, xiii. 21).[6]

The history of Adam and Eve became the basis of anthropological discussions which acquired more than speculative importance from their connexion with the doctrine of original sin and the meaning of the sacrament of baptism. One or two points in Augustinian teaching may be here mentioned as having to do particularly with Eve. The question whether the soul of Eve was derived from Adam or directly infused by the Creator is raised as an element in the great problem of traducianism and creationism (_De Gen. ad lit._ lib. x.). And it is from Augustine that Milton derives the idea that Adam sinned, not from desire for the forbidden fruit, but because love forbade him to dissociate his fate from Eve's (_ibid._ lib. xi. _sub fin._). Medieval discussion moved mainly in the lines laid down by Augustine. A sufficient sample of the way in which the subject was treated by the schoolmen may be found in the _Summa_ of Thomas, pars i. qu. xcii. _De productione mulieris_.

The Reformers, always hostile to allegory, and in this matter especially influenced by the Augustinian anthropology, adhered strictly to the literal interpretation of the history of the Protoplasts, which has continued to be generally identified with Protestant orthodoxy. The disintegration of the confessional doctrine of sin in last century was naturally associated with new theories of the meaning of the biblical narrative; but neither renewed forms of the allegorical interpretation, in which everything is reduced to abstract ideas about reason and sensuality, nor the attempts of Eichhorn and others to extract a kernel of simple history by allowing largely for the influence of poetical form in so early a narrative, have found lasting acceptance. On the other hand, the strict historical interpretation is beset with difficulties which modern interpreters have felt with increasing force, and which there is a growing disposition to solve by adopting in one or other form what is called the _mythical_ theory of the narrative. But interpretations pass under this now popular title which have no real claim to be so designated. What is common to the "mythical" interpretations is to find the real value of the narrative, not in the form of the story, but in the thoughts which it embodies. But the story cannot be called a myth in the strict sense of the word, unless we are prepared to place it on one line with the myths of heathenism, produced by the unconscious play of plastic fancy, giving shape to the impressions of natural phenomena on primitive observers. Such a theory does no justice to a narrative which embodies profound truths peculiar to the religion of revelation. Other forms of the so-called mythical interpretation are little more than abstract allegory in a new guise, ignoring the fact that the biblical story does not teach general truths which repeat themselves in every individual, but gives a view of the purpose of man's creation, and of the origin of sin, in connexion with the divine plan of redemption. Among his other services in refutation of the unhistorical rationalism of last century, Kant has the merit of having forcibly recalled attention to the fact that the narrative of Genesis, even if we do not take it literally, must be regarded as presenting a view of the beginnings of the history of the human race (_Muthmasslicher Anfang der Menschengeschichte_, 1786) Those who recognize this fact ought not to call themselves or be called by others adherents of the mythical theory, although they also recognize that in the nature of things the divine truths brought out in the history of the creation and fall could not have been expressed either in the form of literal history or in the shape of abstract metaphysical doctrine; or even although they may hold--as is done by many who accept the narrative as a part of supernatural revelation--that the specific biblical truths which the narrative conveys are presented through the vehicle of a story which, at least in some of its parts, may possibly be shaped by the influence of legends common to the Hebrews with their heathen neighbours. (W. R. S.; [T. K. C.])

FOOTNOTES:

[1] That polygamy had not become morally objectionable is shown by the stories of Lamech, Abraham and Jacob.

[2] See West's authoritative translation in _Pahlavi Texts_ (Sacred Books of the East).

[3] "Die bibl. Schopfungsberichte" (_Archiv fur Religionswissenschaft_, ix. 171 ff.).

[4] Spiegel, _Eranische Alterthumskunde_, i. 511.

[5] Muir, _Sanscrit Texts_, vol. i. p. 25; cf. Spiegel, vol. i. p. 458.

[6] Thus in medieval theology Eve is a type of the church, and her formation from the rib has a mystic reason, inasmuch as blood and water (the sacraments of the church) flowed from the side of Christ on the cross (Thomas, _Summa_, par. i. qu. xcii.).

EVECTION (Latin for "carrying away"), in astronomy, the largest inequality produced by the action of the sun in the monthly revolution of the moon around the earth. The deviation expressed by it has a maximum amount of about 1 deg. 15' in either direction. It may be considered as arising from a semi-annual variation in the eccentricity of the moon's orbit and the position of its perigee. It was discovered by Ptolemy.

EVELETH, a city of St Louis county, Minnesota, U.S.A., about 71 m. N.N.W. of Duluth. Pop. (1900) 2752; (1905, state census) 5332, of whom 2975 were foreign-born (1145 Finns, 676 Austrians and 325 Swedes); (1910) 7036. Eveleth is served by the Duluth, Missabe & Northern and the Duluth & Iron Range railways. It lies in the midst of the great red and brown hematite iron-ore deposits of the Mesabi Range--the richest in the Lake Superior district--and the mining and shipping of this ore are its principal industries. The municipality owns and operates the water-works, the water being obtained from Lake Saint Mary, one of a chain of small lakes lying S. of the city. Eveleth was first chartered as a city in 1902.

EVELYN, JOHN (1620-1706), English diarist, was born at Wotton House, near Dorking, Surrey, on the 31st of October 1620. He was the younger son of Richard Evelyn, who owned large estates in the county, and was in 1633 high sheriff of Surrey and Sussex. When John Evelyn was five years old he went to live with his mother's parents at Cliffe, near Lewes. He refused to leave his "too indulgent" grandmother for Eton, and when on her husband's death she married again, the boy went with her to Southover, where he attended the free school of the place. He was admitted to the Middle Temple in February 1637, and in May he became a fellow commoner of Balliol College, Oxford. He left the university without taking a degree, and in 1640 was residing in the Middle Temple. In that year his father died, and in July 1641 he crossed to Holland. He was enrolled as a volunteer in Apsley's company, then encamped before Genep on the Waal, but his commission was apparently complimentary, his military experience being limited to six days of camp life, during which, however, he took his turn at "trailing a pike." He returned in the autumn to find England on the verge of civil war. Evelyn's part in the conflict is best told in his own words:--

"12th November was the battle of Brentford, surprisingly fought.... I came in with my horse and arms just at the retreat; but was not permitted to stay longer than the 15th by reason of the army marching to Gloucester; which would have left both me and my brothers exposed to ruin, without any advantage to his Majesty ... and on the 10th [December] returned to Wotton, nobody knowing of my having been in his Majesty's army."

At Wotton he employed himself in improving his brother's property, making a fishpond, an island and other alterations in the gardens. But he found it difficult to avoid taking a side; he was importuned to sign the Covenant, and "finding it impossible to evade doing very unhandsome things," he obtained leave in October 1643 from the king to travel abroad. From this date his _Diary_ becomes full and interesting. He travelled in France and visited the cities of Italy, returning in the autumn of 1646 to Paris, where he became intimate with Sir Richard Browne, the English resident at the court of France. In June of the following year he married Browne's daughter and heiress, Mary, then a child of not more than twelve years of age. Leaving his wife in the care of her parents, he returned to England to settle his affairs. He visited Charles I. at Hampton Court in 1647, and during the next two years maintained a cipher correspondence with his father-in-law in the royal interest. In 1649 he obtained a pass to return to Paris, but in 1650 paid a short visit to England. The defeat of Charles II. at Worcester in 1651 convinced him that the royalist cause was hopeless, and he decided to return to England. He went in 1652 to Sayes Court at Deptford, a house which Sir Richard Browne had held on a lease from the crown. This had been seized by the parliament, but Evelyn was able to compound with the occupiers for L3500, and after the Restoration his possession was secured. Here his wife joined him, their eldest son, Richard, being born in August 1652. Under the Commonwealth Evelyn amused himself with his favourite occupation of gardening, and made many friends among the scientific inquirers of the time. He was one of the promoters of the scheme for the Royal Society, and in the king's charter in 1662 was nominated a member of its directing council. Meanwhile he had refused employment from the government of the Commonwealth, and had maintained a cipher correspondence with Charles. In 1659 he published an _Apology for the Royal Party_, and in December of that year he vainly tried to persuade Colonel Herbert Morley, then lieutenant of the Tower, to forestall General Monk by declaring for the king. From the Restoration onwards Evelyn enjoyed unbroken court favour till his death in 1706; but he never held any important political office, although he filled many useful and often laborious minor posts. He was commissioner for improving the streets and buildings of London, for examining into the affairs of charitable foundations, commissioner of the Mint, and of foreign plantations. In 1664 he accepted the responsibility for the care of the sick and wounded and the prisoners in the Dutch war. He stuck to his post throughout the plague year, contenting himself with sending his family away to Wotton. He found it impossible to secure sufficient money for the proper discharge of his functions, and in 1688 he was still petitioning for payment of his accounts in this business. Evelyn was secretary of the Royal Society in 1672, and as an enthusiastic promoter of its interests was twice (in 1682 and 1691) offered the presidency. Through his influence Henry Howard, duke of Norfolk, was induced to present the Arundel marbles to the university of Oxford (1667) and the valuable Arundel library to Gresham College (1678). In the reign of James II., during the earl of Clarendon's absence in Ireland, he acted as one of the commissioners of the privy seal. He was seriously alarmed by the king's attacks on the English Church, and refused on two occasions to license the illegal sale of Roman Catholic literature. He concurred in the revolution of 1688, in 1695 was entrusted with the office of treasurer of Greenwich hospital for old sailors, and laid the first stone of the new building on the 30th of June 1696. In 1694 he left Sayes Court to live at Wotton with his brother, whose heir he had become, and whom he actually succeeded in 1699. He spent the rest of his life there, dying on the 27th of February 1706. Evelyn's house at Sayes Court had been let to Captain, afterwards Admiral John Benbow, who was not a "polite" tenant. He sublet it to Peter the Great, who was then visiting the dockyard at Deptford. The tsar did great damage to Evelyn's beautiful gardens, and, it is said, made it one of his amusements to ride in a wheelbarrow along a thick holly hedge planted especially by the owner. The house was subsequently used as a workhouse, and is now alms-houses, the grounds having been converted into public gardens by Mr Evelyn in 1886.

It will be seen that Evelyn's politics were not of the heroic order. But he was honourable and consistent in his adherence to the monarchical principle throughout his life. With the court of Charles II. he could have had no sympathy, his dignified domestic life and his serious attention to religion standing in the strongest contrast with the profligacy of the royal surroundings. His _Diary_ is therefore a valuable chronicle of contemporary events from the standpoint of a moderate politician and a devout adherent of the Church of England. He had none of Pepys's love of gossip, and was devoid of his all-embracing curiosity, as of his diverting frankness of self-revelation. Both were admirable civil servants, and they had a mutual admiration for each other's sterling qualities. Evelyn's _Diary_ covers more than half a century (1640-1706) crowded with remarkable events, while Pepys only deals with a few years of Charles II.'s reign.

Evelyn was a generous art patron, and Grinling Gibbons was introduced by him to the notice of Charles II. His domestic affections were very strong. He had six sons, of whom John (1655-1699), the author of some translations, alone reached manhood. He has left a pathetic account of the extraordinary accomplishments of his son Richard, who died before he was six years old, and of a daughter Mary, who lived to be twenty, and probably wrote most of her father's _Mundus muliebris_ (1690). Of his two other daughters, Susannah, who married William Draper of Addiscombe, Surrey, survived him.

Evelyn's _Diary_ remained in MS. until 1818. It is in a quarto volume containing 700 pages, covering the years between 1641 and 1697, and is continued in a smaller book which brings the narrative down to within three weeks of its author's death. A selection from this was edited by William Bray, with the permission of the Evelyn family, in 1818, under the title of _Memoirs illustrative of the Life and Writings of John Evelyn, comprising his Diary from 1641 to 1705/6, and a Selection of his Familiar Letters_. Other editions followed, the most notable being those of Mr H.B. Wheatley (1879) and Mr Austin Dobson (3 vols., 1906). Evelyn's active mind produced many other works, and although these have been overshadowed by the famous _Diary_ they are of considerable interest. They include: _Of Liberty and Servitude_ ... (1649), a translation from the French of Francois de la Mothe le Vayer, Evelyn's own copy of which contains a note that he was "like to be call'd in question by the Rebells for this booke"; _The State of France, as it stood in the IXth year of ... Louis XIII._ (1652); _An Essay on the First Book of T. Lucretius Carus de Rerum Natura_. _Interpreted and made English verse by J. Evelyn_ (1656); _The Golden Book of St John Chrysostom, concerning the Education of Children_. _Translated out of the Greek by J.E._ (printed 1658, dated 1659); _The French Gardener: instructing how to cultivate all sorts of Fruit-trees_ ... (1658), translated from the French of N. de Bonnefons; _A Character of England_ ... (1659), describing the customs of the country as they would appear to a foreign observer, reprinted in _Somers' Tracts_ (ed. Scott, 1812), and in the _Harleian Miscellany_ (ed. Park, 1813); _The Late News from Brussels unmasked_ ... (1660), in answer to a libellous pamphlet on Charles I. by Marchmont Needham; _Fumifugium, or the inconvenience of the Aer and Smoak of London dissipated_ (1661), in which he suggested that sweet-smelling trees should be planted in London to purify the air; _Instructions concerning erecting of a Library_ ... (1661), from the French of Gabriel Naude; _Tyrannus or the Mode, in a Discourse of Sumptuary Laws_ (1661); _Sculptura: or the History and Art of Chalcography and Engraving in Copper_ ... (1662); _Sylva, or a Discourse of Forest Trees ... to which is annexed Pomona ... Also Kalendarium Hortense_ ... (1664); _A Parallel of the Ancient Architecture with the Modern_ ... (1664), from the French of Roland Freart; _The History of the three late famous Imposters, viz. Padre Ottomano, Mahomed Bei, and Sabatei Sevi_ ... (1669); _Navigation and Commerce ... in which his Majesties title to the Dominion of the Sea is asserted against the Novel and later Pretenders_ (1674), which is a preface to a projected history of the Dutch wars undertaken at the request of Charles II., but countermanded on the conclusion of peace; _A Philosophical Discourse of Earth_ ... (1676), a treatise on horticulture, better known by its later title of _Terra_; _The Compleat Gardener_ ... (1693), from the French of J. de la Quintinie; _Numismata_ ... (1697). Some of these were reprinted in _The Miscellaneous Writings of John Evelyn_, edited (1825) by William Upcott. Evelyn's friendship with Mary Blagge, afterwards Mrs Godolphin, is recorded in the diary, when he says he designed "to consecrate her worthy life to posterity." This he effectually did in a little masterpiece of religious biography which remained in MS. in the possession of the Harcourt family until it was edited by Samuel Wilberforce, bishop of Oxford, as the _Life of Mrs Godolphin_ (1847), reprinted in the "King's Classics" (1904). The picture of Mistress Blagge's saintly life at court is heightened in interest when read in connexion with the scandalous memoirs of the comte de Gramont, or contemporary political satires on the court. Numerous other papers and letters of Evelyn on scientific subjects and matters of public interest are preserved, a collection of private and official letters and papers (1642-1712) by, or addressed to, Sir Richard Browne and his son-in-law being in the British Museum (_Add. MSS._ 15857 and 15858).

Next to the _Diary_ Evelyn's most valuable work is _Sylva_. By the glass factories and iron furnaces the country was being rapidly depleted of wood, while no attempt was being made to replace the damage by planting. Evelyn put in a plea for afforestation, and besides producing a valuable work on arboriculture, he was able to assert in his preface to the king that he had really induced landowners to plant many millions of trees.

EVERDINGEN, ALLART VAN (1621-?1675), Dutch painter and engraver, the son of a government clerk at Alkmaar, was born, it is said, in 1621, and educated, if we believe an old tradition, under Roeland Savery at Utrecht. He wandered in 1645 to Haarlem, where he studied under Peter de Molyn, and finally settled about 1657 at Amsterdam, where he remained till his death. It would be difficult to find a greater contrast than that which is presented by the works of Savery and Everdingen. Savery inherited the gaudy style of the Breughels, which he carried into the 17th century; whilst Everdingen realized the large and effective system of coloured and powerfully shaded landscape which marks the precursors of Rembrandt. It is not easy on this account to believe that Savery was Everdingen's master, while it is quite within the range of probability that he acquired the elements of landscape painting from de Molyn. Pieter de Molyn, by birth a Londoner, lived from 1624 till 1661 in Haarlem. He went periodically on visits to Norway, and his works, though scarce, exhibit a broad and sweeping mode of execution, differing but slightly from that transferred at the opening of the 17th century from Jan van Goyen to Solomon Ruysdael. His etchings have nearly the breadth and effect of those of Everdingen. It is still an open question when de Molyn wielded influence on his clever disciple. Alkmaar, a busy trading place near the Texel, had little of the picturesque for an artist except polders and downs or waves and sky. Accordingly we find Allart at first a painter of coast scenery. But on one of his expeditions he is said to have been cast ashore in Norway, and during the repairs of his ship he visited the inland valleys, and thus gave a new course to his art. In early pieces he cleverly represents the sea in motion under varied, but mostly clouded, aspects of sky. Their general intonation is strong and brown, and effects are rendered in a powerful key, but the execution is much more uniform than that of Jacob Ruysdael. A dark scud lowering on a rolling sea near the walls of Flushing characterizes Everdingen's "Mouth of the Schelde" in the Hermitage at St Petersburg. Storm is the marked feature of sea-pieces in the Staedel or Robartes collections; and a strand with wreckers at the foot of a cliff in the Munich Pinakothek may be a reminiscence of personal adventure in Norway. But the Norwegian coast was studied in calms as well as in gales; and a fine canvas at Munich shows fishermen on a still and sunny day taking herrings to a smoking hut at the foot of a Norwegian crag. The earliest of Everdingen's sea-pieces bears the date of 1640. After 1645 we meet with nothing but representations of inland scenery, and particularly of Norwegian valleys, remarkable alike for wildness and a decisive depth of tone. The master's favourite theme is a fall in a glen, with mournful fringes of pines interspersed with birch, and log-huts at the base of rocks and craggy slopes. The water tumbles over the foreground, so as to entitle the painter to the name of "inventor of cascades." It gives Everdingen his character as a precursor of Jacob Ruysdael in a certain form of landscape composition; but though very skilful in arrangement and clever in effects, Everdingen remains much more simple in execution; he is much less subtle in feeling or varied in touch than his great and incomparable countryman. Five of Everdingen's cascades are in the museum of Copenhagen alone: of these, one is dated 1647, another 1649. In the Hermitage at St Petersburg is a fine example of 1647; another in the Pinakothek at Munich was finished in 1656. English public galleries ignore Everdingen; but one of his best-known masterpieces is the Norwegian glen belonging to Lord Listowel. Of his etchings and drawings there are much larger and more numerous specimens in England than elsewhere. Being a collector as well as an engraver and painter, he brought together a large number of works of all kinds and masters; and the sale of these by his heirs at Amsterdam on the 11th of March 1676 gives an approximate clue to the date of the painter's death.

His two brothers, Jan and Caesar, were both painters. CAESAR VAN EVERDINGEN (1606-1679), mainly known as a portrait painter, enjoyed some vogue during his life, and many of his pictures are to be seen in the museums and private houses of Holland. They show a certain cleverness, but are far from entitling him to rank as a master.

EVEREST, SIR GEORGE (1790-1866), British surveyor and geographer, was the son of Tristram Everest of Gwerndale, Brecknockshire, and was born there on the 4th of July 1790. From school at Marlow he proceeded to the military academy at Woolwich, where he attracted the special notice of the mathematical master, and passed so well in his examinations that he was declared fit for a commission before attaining the necessary age. Having gone to India in 1806 as a cadet in the Bengal Artillery, he was selected by Sir Stamford Raffles to take part in the reconnaissance of Java (1814-1816); and after being employed in various engineering works throughout India, he was appointed in 1818 assistant to Colonel Lambton, the founder of the great trigonometrical survey of that country. In 1823, on Colonel Lambton's death, he succeeded to the post of superintendent of the survey; in 1830 he was appointed by the court of directors of the East India Company surveyor-general of India; and from that date till his retirement from the service in 1843 he continued to discharge the laborious duties of both offices. During the rest of his life he resided in England, where he became fellow of the Royal Society and an active member of several other scientific associations. In 1861 he was made a C.B. and received the honour of knighthood, and in 1862 he was chosen vice-president of the Royal Geographical Society. He died at Greenwich on the 1st of December 1866. The geodetical labours of Sir George Everest rank among the finest achievements of their kind; and more especially his measurement of the meridional arc of India, 11-1/2 deg. in length, is accounted as unrivalled in the annals of the science. In

great part the Indian survey is what he made it.

His works are purely professional:--A paper in vol. i. of the _Memoirs of the Royal Astronomical Society_, pointing out a mistake in La Caille's measurement of an arc of the meridian which he had discovered during sick-leave at the Cape of Good Hope; _An account of the measurement of the arc of the meridian between the parallels of 18 deg. 3' and 24 deg. 7', being a continuation of the Grand Meridional Arc of India, as detailed by Lieut.-Col. Lambton in the volumes of the Asiatic Society of Calcutta_ (London, 1830); _An account of the measurement of two sections of the Meridional Arc of India bounded by the parallels of 18 deg. 3' 15", 24 deg. 7' 11", and 20 deg. 30' 48"_ (London, 1847).

EVEREST, MOUNT, the highest mountain in the world. It is a peak of the Himalayas situated in Nepal almost precisely on the intersection of the meridian 87 E. long. with the parallel 28 N. lat. Its elevation as at present determined by trigonometrical observation is 29,002 ft., but it is possible that further investigation into the value of refraction at such altitudes will result in placing the summit even higher. It has been confused with a peak to the west of it called Gaurisankar (by Schlagintweit), which is more than 5000 ft. lower; but the observations of Captain Wood from peaks near Khatmandu, in Nepal, and those of the same officer, and of Major Ryder, from the route between Lhasa and the sources of the Brahmaputra in 1904, have definitely fixed the relative position of the two mountain masses, and conclusively proved that there is no higher peak than Everest in the Himalayan system. The peak possesses no distinctive native name and has been called Everest after Sir George Everest (q.v.), who completed the trigonometrical survey of the Himalayas in 1841 and first fixed its position and altitude. (T. H. H.*)

EVERETT, ALEXANDER HILL (1790-1847), American author and diplomatist, was born in Boston, Massachusetts, on the 19th of March 1790. He was the son of Rev. Oliver Everett (1753-1802), a Congregational minister in Boston, and the brother of Edward Everett. He graduated at Harvard in 1806, taking the highest honours of his year, though the youngest member of his class. He spent one year as a teacher in Phillips Academy, Exeter, New Hampshire, and then began the study of law in the office of John Quincy Adams. In 1809 Adams was appointed minister to Russia, and Everett accompanied him as his private secretary, remaining attached to the American legation in Russia until 1811. He was secretary of the American legation at The Hague in 1815-1816, and _charge d'affaires_ there from 1818 to 1824. From 1825 to 1829, during the presidency of John Quincy Adams, he was the United States minister to Spain. At that time Spain recognized none of the governments established by her revolted colonies, and Everett became the medium of all communications between the Spanish government and the several nations of Spanish origin which had been established, by successful revolutions, on the other side of the ocean. Everett was a member of the Massachusetts legislature in 1830-1835, was president of Jefferson College in Louisiana in 1842-1844, and was appointed commissioner of the United States to China in 1845, but did not go to that country until the following year, and died on the 29th of May 1847 at Canton, China. Everett, however, is known rather as a man of letters than as a diplomat. In addition to numerous articles, published chiefly in the _North American Review_, of which he was the editor from 1829 to 1835, he wrote: _Europe, or a General Survey of the Political Situation of the Principal Powers, with Conjectures on their Future Prospects_ (1822), which attracted considerable attention in Europe and was translated into German, French and Spanish; _New Ideas on Population_ (1822); _America, or a General Survey of the Political Situation of the Several Powers of the Western Continent, with Conjectures on their Future Prospects_ (1827), which was translated into several European languages; a volume of _Poems_ (1845); and _Critical and Miscellaneous Essays_ (first series, 1845; second series, 1847).

EVERETT, CHARLES CARROLL (1829-1900), American divine and philosopher, was born on the 19th of June 1829, at Brunswick, Maine. He studied at Bowdoin College, where he graduated in 1850, after which he proceeded to Berlin. Subsequently he took a degree in divinity at the Harvard Divinity School. From 1859 to 1869 he was pastor of the Independent Congregational (Unitarian) church at Bangor, Maine. This charge he resigned to take the Bussey professorship of theology at Harvard University, and, in 1878, became dean of the faculty of theology. Interested in a variety of subjects, he devoted himself chiefly to the philosophy of religion, and published _The Science of Thought_ (Boston, 1869; revised 1891). He also wrote _Fichte's Science of Knowledge_ (1884); _Poetry, Comedy and Duty_ (1888); _Religions before Christianity_ (1883); _Ethics for Young People_ (1891); _The Gospel of Paul_ (1892). He died at Cambridge on the 16th of October 1900.

EVERETT, EDWARD (1794-1865), American statesman and orator, was born in Dorchester, Massachusetts, on the 11th of April 1794. He was the son of Rev. Oliver Everett and the brother of Alexander Hill Everett (q.v.). His father died in 1802, and his mother removed to Boston with her family after her husband's death. At seventeen Edward Everett graduated from Harvard College, taking first honours in his class. While at college he was the chief editor of _The Lyceum_, the earliest in the series of college journals published at the American Cambridge. His earlier predilections were for the study of law, but the advice of Joseph Stevens Buckminster, a distinguished preacher in Boston, led him to prepare for the pulpit, and as a preacher he at once distinguished himself. He was called to the ministry of the Brattle Street church (Unitarian) in Boston before he was twenty years old. His sermons attracted wide attention in that community, and he gained a considerable reputation as a theologian and a controversialist by his publication in 1814 of a volume entitled _Defence of Christianity_, written in answer to a work, _The Grounds of Christianity Examined_ (1813), by George Bethune English (1787-1828), an adventurer, who, born in Cambridge, Massachusetts, was in turn a student of law and of theology, an editor of a newspaper, and a soldier of fortune in Egypt. Everett's tastes, however, were then, as always, those of a scholar; and in 1815, after a service of little more than a year in the pulpit, he resigned his charge to accept a professorship of Greek literature in Harvard College.

After nearly five years spent in Europe in preparation, he entered with enthusiasm on his duties, and, for five years more, gave a vigorous impulse, not only to the study of Greek, but to all the work of the college. In January 1820 he assumed the charge of the _North American Review_, which now became a quarterly; and he was indefatigable during the four years of his editorship in contributing on a great variety of subjects. From 1825 to 1835 he was a member of the National House of Representatives, supporting generally the administration of President J.Q. Adams and opposing that of Jackson, which succeeded it. He bore a part in almost every important debate, and was a member of the committee of foreign affairs during the whole time of his service in Congress. Everett was a member of nearly all the most important select committees, such as those on the Indian relations of the state of Georgia, the Apportionment Bill, and the Bank of the United States, and drew the report either of the majority or the minority. The report on the congress of Panama, the leading measure of the first session of the Nineteenth Congress, was drawn up by Everett, although he was the youngest member of the committee and had just entered Congress. He led the unsuccessful opposition to the Indian policy of General Jackson (the removal of the Cherokee and other Indians, without their consent, from lands guaranteed to them by treaty).

In 1835 he was elected governor of Massachusetts. He brought to the duties of the office the untiring diligence which was the characteristic of his public life. We can only allude to a few of the measures which received his efficient support, e.g. the establishment of the board of education (the first of such boards in the United States), the scientific surveys of the state (the first of such public surveys), the criminal law commission, and the preservation of a sound currency during the panic of 1837.

Everett filled the office of governor for four years, and was then defeated by a single vote, out of more than one hundred thousand. The election is of interest historically as being the first important American election where the issue turned on the question of the prohibition of the retail sale of intoxicating liquors. In the following spring he made a visit with his family to Europe. In 1841, while residing in Florence, he was named United States minister to Great Britain, and arrived in London to enter upon the duties of his mission at the close of that year. Great questions were at that time open between the two countries--the north-eastern boundary, the affair of M'Leod, the seizure of American vessels on the coast of Africa, in the course of a few months the affair of the "Creole," to which was soon added the Oregon question. His position was more difficult by reason of the frequent changes that took place in the department at home, which, in the course of four years, was occupied successively by Messrs Webster, Legare, Upshur, Calhoun and Buchanan. From all these gentlemen Everett received marks of approbation and confidence.

By the institution of the special mission of Lord Ashburton, however, the direct negotiations between the two governments were, about the time of Everett's arrival in London, transferred to Washington, though much business was transacted at the American legation in London.

Immediately after the accession of Polk to the presidency Everett was recalled. From January 1846 to 1849, as the successor of Josiah Quincy, he was president of Harvard College. On the death, in October 1852, of his friend Daniel Webster, to whom he had always been closely attached, and of whom he was always a confidential adviser, he succeeded him as secretary of state, which post he held for the remaining months of Fillmore's administration, leaving it to go into the Senate in 1853, as one of the representatives of Massachusetts. Under the work of the long session of 1853-1854 his health gave way. In May 1854 he resigned his seat, on the orders of his physician, and retired to what was called private life.

But, as it proved, the remaining ten years of his life most widely established his reputation and influence throughout America. As early as 1820 he had established a reputation as an orator, such as few men in later days have enjoyed. He was frequently invited to deliver an "oration" on some topic of historical or other interest. With him these "orations," instead of being the ephemeral entertainments of an hour, became careful studies of some important theme. Eager to avert, if possible, the impending conflict of arms between the North and South, Everett prepared an "oration" on George Washington, which he delivered in every part of America. In this way, too, he raised more than one hundred thousand dollars, for the purchase of the old home of Washington at Mount Vernon. Everett also prepared for the _Encyclopaedia Britannica_ a biographical sketch of Washington, which was published separately in 1860. In 1860 Everett was the candidate of the short-lived Constitutional-Union party for the vice-presidency, on the ticket with John Bell (q.v.), but received only 39 electoral votes. During the Civil War he zealously supported the national government and was called upon in every quarter to speak at public meetings. He delivered the last of his great orations at Gettysburg, after the battle, on the consecration of the national cemetery there. On the 9th of January 1865 he spoke at a public meeting in Boston to raise funds for the southern poor in Savannah. At that meeting he caught cold, and the immediate result was his death on the 15th of January 1865.

In Everett's life and career was a combination of the results of diligent training, unflinching industry, delicate literary tastes and unequalled acquaintance with modern international politics. This combination made him in America an entirely exceptional person. He was never loved by the political managers; he was always enthusiastically received by assemblies of the people. He would have said himself that the most eager wish of his life had been for the higher education of his countrymen. His orations have been collected in four volumes (1850-1859). A work on international law, on which he was engaged at his death, was never finished. Allibone records 84 titles of his books and published addresses. (E. E. H.)

EVERETT, a city of Middlesex county, Massachusetts, U.S.A., adjoining Chelsea and 3 m. N. of Boston, of which it is a residential suburb. Pop. (1880) 4159; (1890) 11,068; (1900) 24,336, of whom 6882 were foreign-born; (1910 census) 33,484. It covers an area of about 3 sq. m. and is served by the Boston & Maine railway and by interurban electric lines. Everett has the Frederick E. Parlin memorial library (1878), the Shute memorial library (1898), the Whidden memorial hospital and Woodlawn cemetery (176 acres). The principal manufactures are coke, chemicals and boots and shoes; among others are iron and structural steel. According to the U.S. Census of Manufactures (1905), "the coke industry in Everett is unique, inasmuch as illuminating gas is the primary product and coke really a by-product, while the coal used is brought from mines located in Nova Scotia." The value of the city's total factory product increased from $4,437,180 in 1900 to $6,135,650 in 1905 or 38.3%. Everett was first settled about 1630, remaining a part of Malden (and being known as South Malden) until 1870, when it was incorporated as a township. It was chartered as a city in 1892.

EVERETT, a city, a sub-port of entry, and the county-seat of Snohomish county, Washington, U.S.A., on Puget Sound, at the mouth of the Snohomish river, about 35 m. N. of Seattle. Pop. (1900) 7838; (1910 U.S. census) 24,814. The city is served by the Northern Pacific and the Great Northern railways, being the western terminus of the latter's main transcontinental line, by interurban electric railway, and by several lines of Sound and coasting freight and passenger steamboats. Everett has a fine harbour with several large iron piers. Among its principal buildings are a Carnegie library, a Y.M.C.A. building and two hospitals. The buildings of the Pacific College were erected here by the United Norwegian Lutheran Church in 1908. The city is in a rich lumbering, gardening, farming, and copper-, gold- and silver-mining district. There is a U.S. assayer's office here, and there are extensive shipyards, a large paper mill, iron works, and, just outside the city limits, the smelters of the American Smelters Securities Company, in connexion with which is one of the two plants in the United States for saving arsenic from smelter fumes. Lumber interests, however, are of most importance, and here are some of the largest lumber plants in the Pacific Northwest. Red-cedar shingles are an important product. Everett was settled in 1891 and was incorporated in 1893. Its rapid growth is due to its favourable situation as a commercial port, its transportation facilities, and its nearness to extensive forests whence the material for its chief industries is obtained.

EVERGLADES, an American lake, about 8000 sq. m. in area, in which are numerous half-submerged islands; situated in the southern part of Florida, U.S.A., in Lee, De Soto, Dade and St Lucie counties. West of it is the Big Cypress Swamp. The floor of the lake is a limestone basin, extending from Lake Okechobee in the N. to the extreme S. part of the state, and the lake varies in depth from 1 to 12 ft., its water being pure and clear. The surface is above tide level, and the lake is enclosed, probably on all sides, within an outcropping limestone rim, averaging about 10 ft. above mean low tide, and approaching much nearer to the Atlantic on the E. than to the gulf on the W. There are several small outlets, such as the Miami river and the New river on the E. and the Shark river on the S.W., but no streams empty into the Everglades, and the water-supply is furnished by springs and precipitation. There is a general south-easterly movement of the water. The soil of the islands is very fertile and is subject to frequent inundations, but gradually the water area is being replaced by land. The vegetation is luxuriant, the live oak, wild lemon, wild orange, cucumber, papaw, custard apple and wild rubber trees being among the indigenous species; there are, besides, many varieties of wild flowers, the orchids being especially noteworthy. The fauna is also varied; the otter, alligator and crocodile are found, also the deer and panther, and among the native birds are the ibis, egret, heron and limpkin. There are two seasons, wet and dry, but the climate is equable.

Systematic exploration has been prevented by the dense growth of saw grass (_Cladium effusum_), a kind of sedge, with sharp, saw-toothed leaves, which grows everywhere on the muck-covered rock basin and extends several feet above the shallow water. The first white man to enter the region was Escalente de Fontenada, a Spanish captive of an Indian chief, who named the lake Laguno del Espiritu Santo and the islands Cayos del Espiritu Santo. Between 1841 and 1856 various United States military forces penetrated the Everglades for the purpose of attacking and driving out the Seminoles, who took refuge here. The most important explorations during the later years of the 19th century were those of Major Archie P. Williams in 1883, James E. Ingraham in 1892 and Hugh L. Willoughby in 1897. The Seminole Indians were in 1909 practically the only inhabitants. In 1850 under the "Arkansas Bill," or Swamp and Overflow Act, practically all of the Everglades, which the state had been urging the federal government to drain and reclaim, were turned over to the state for that purpose, with the provision that all proceeds from such lands be applied to their reclamation. A board of trustees for the Internal Improvement Fund, created in 1855 and having as members _ex officio_ the governor, comptroller, treasurer, attorney-general and commissioner-general, sold and allowed to railway companies much of the grant. Between 1881 and 1896 a private company owning 4,000,000 acres of the Everglades attempted to dig a canal from Lake Okechobee through Lake Hicpochee and along the Caloosahatchee river to the Gulf of Mexico; the canal was closed in 1902 by overflows. Six canals were begun under state control in 1905 from the lake to the Atlantic, the northernmost at Jensen, the southernmost at Ft. Lauderdale; the total cost, estimated at $1,035,000 for the reclamation of 12,500 sq. m., is raised by a drainage tax (not to exceed 10 cents per acre) levied by the trustees of the Internal Improvement Fund and Board of Drainage commissioners. The small area reclaimed prior to that year (1905) was found very fertile and particularly adapted to raising sugar-cane, oranges and garden truck.

See Hugh L. Willoughby's _Across the Everglades_ (Philadelphia, 1898), and especially an article "The Everglades of Florida" by Edwin A. Dix and John M. MacGonigle, in the _Century Magazine_ for February 1905.

EVERGREEN, a general term applied to plants which are always in leaf, as contrasted with deciduous trees which are bare for some part of the year (see HORTICULTURE). In temperate or colder zones where a season favourable to vegetation is succeeded by an unfavourable or winter season, leaves of evergreens must be protected from the frost and cold drying winds, and are therefore tougher or more leathery in texture than those of deciduous trees, and frequently, as in pines, firs and other conifers, are needle-like, thus exposing a much smaller surface to the drying action of cold winds. The number of seasons for which the leaves last varies in different plants; every season some of the older leaves fall, while new ones are regularly produced. The common English bramble is practically evergreen, the leaves lasting through winter and until the new leaves are developed next spring. In privet also the leaves fall after the production of new ones in the next year. In other cases the leaves last several years, as in conifers, and may sometimes be found on eleven-year-old shoots.

EVERLASTING, or IMMORTELLE, a plant belonging to the division _Tubuliflorae_ of the natural order Compositae, known botanically as _Helichrysum orientale_. It is a native of North Africa, Crete, and the parts of Asia bordering on the Mediterranean; and it is cultivated in many parts of Europe. It first became known in Europe about the year 1629, and has been cultivated since 1815. In common with several other plants of the same group, known as "everlastings," the immortelle plant possesses a large involucre of dry scale-like or scarious bracts, which preserve their appearance when dried, provided the plant be gathered in proper condition. The chief supplies of _Helichrysum orientale_ come from lower Provence, where it is cultivated in large quantities on the ground sloping to the Mediterranean, in positions well exposed to the sun, and usually in plots surrounded by dry stone walls. The finest flowers are grown on the slopes of Bandols and Ciotat, where the plant begins to flower in June. It requires a light sandy or stony soil, and is very readily injured by rain or heavy dews. It can be propagated in quantity by means of offsets from the older stems. The flowering stems are gathered in June, when the bracts are fully developed, all the fully-expanded and immature flowers being pulled off and rejected. A well-managed plantation is productive for eight or ten years. The plant is tufted in its growth, each plant producing 60 or 70 stems, while each stem produces an average of 20 flowers. About 400 such stems weigh a kilogramme. A hectare of ground will produce 40,000 plants, bearing from 2,400,000 to 2,800,000 stems, and weighing from 5-1/2 to 6-1/2 tons, or from 2 to 3 tons per acre. The colour of the bracts is a deep yellow. The natural flowers are commonly used for garlands for the dead, or plants dyed black are mixed with the yellow ones. The plant is also dyed green or orange-red, and thus employed for bouquets or other ornamental purposes.

Other species of _Helichrysum_ and species of allied genera with scarious heads of flowers are also known as "everlastings." One of the best known is the Australian species _H. bracteatum_, with several varieties, including double forms, of different colours; _H. vestitum_ (Cape of Good Hope) has white satiny heads. Others are species of _Helipterum_ (West Australia and South Africa), _Ammobium_ and _Waitzia_ (Australia) and _Xeranthemum_ (south Europe). Several members of the natural order Amarantaceae have also "everlasting" flowers; such are _Gomphrena globosa_, with rounded or oval heads of white, orange, rose or violet, scarious bracts, and _Celosia pyramidalis_, with its elegant, loose, pyramidal inflorescences. Frequently these everlastings are mixed with bleached grasses, as _Lagurus ovatus_, _Briza maxima_, _Bromus brizaeformis_, or with the leaves of the Cape silver tree (_Leucadendron argenteum_), to form bouquets or ornamental groups.

EVERSLEY, CHARLES SHAW LEFEVRE, VISCOUNT (1794-1888), speaker of the British House of Commons, eldest son of Mr Charles Shaw (who assumed his wife's name of Lefevre in addition to his own on his marriage), was born in London on the 22nd of February 1794, and educated at Winchester and at Trinity College, Cambridge. He was called to the bar in 1819, and though a diligent student was also a keen sportsman. Marrying a daughter of Mr Samuel Whitbread, whose wife was the sister of Earl Grey, afterwards premier, he thus became connected with two influential political families, and in 1830 he entered the House of Commons as member for Downton, in the Liberal interest. In 1831 he was returned, after a severe contest, as one of the county members for Hampshire, in which he resided; and after the passing of the Reform Act of 1832 he was elected for the Northern Division of the county. For some years Mr Shaw Lefevre was chairman of a committee on petitions for private bills. In 1835 he was chairman of a committee on agricultural distress, but as his report was not accepted by the House, he published it as a pamphlet addressed to his constituents. He acquired a high reputation in the House of Commons for his judicial fairness, combined with singular tact and courtesy, and when Mr James Abercromby retired in 1839, he was nominated as the Liberal candidate for the chair. The Conservatives put forward Henry Goulburn, but Mr Shaw Lefevre was elected by 317 votes to 299. The period was one of fierce party conflict, and the debates were frequently very acrimonious; but the dignity, temper and firmness of the new speaker were never at fault. In 1857 he had served longer than any of his predecessors, except the celebrated Arthur Onslow (1691-1768), who was speaker for more than 33 years in five successive parliaments. Retiring on a pension, he was raised to the peerage as Viscount Eversley of Heckfield, in the county of Southampton. His appearances in the House of Lords were very infrequent, but in his own county he was active in the public service. From 1859 he was an ecclesiastical commissioner, and he was also appointed a trustee of the British Museum. He died on the 28th of December 1888, the viscountcy becoming extinct.

His younger brother, SIR JOHN GEORGE SHAW LEFEVRE (1797-1879), who was senior wrangler at Cambridge in 1818, had a long and distinguished career as a public official. He was under-secretary for the colonies, and had much to do with the introduction of the new poor law in 1834, and with the foundation of the colony of South Australia; then having served on several important commissions he was made clerk of the parliaments in 1855, and in the same year became one of the first civil service commissioners. He helped to found the university of London, of which he was vice-chancellor for twenty years, and also the Athenaeum Club. He died on the 20th of August 1879.

The latter's son, GEORGE JOHN SHAW LEFEVRE (b. 1832), was created Baron Eversley in 1906, in recognition of long and prominent services to the Liberal party. He had filled the following offices:--civil lord of the admiralty, 1856; secretary to the board of trade, 1869-1871; under-secretary, home office, 1871; secretary to the admiralty, 1871-1874; first commissioner of works, 1881-1883; postmaster-general, 1883-1884; first commissioner of works, 1892-1893; president of local government board, 1894-1895; chairman of royal commission on agriculture, 1893-1896.

EVESHAM, a market-town and municipal borough in the Evesham parliamentary division of Worcestershire, England, 107 m. W.N.W. of London by the Great Western railway, and 15 m. S.E. by E. of Worcester, with a station on the Redditch-Ashchurch branch of the Midland railway. Pop. (1901) 7101. It lies on the right (north) bank of the Avon, in the rich and beautiful Vale of Evesham. The district is devoted to market-gardening and orchards, and the trade of the town is mainly agricultural. Evesham is a place of considerable antiquity, a Benedictine house having been founded here by St Egwin in the 8th century. It became a wealthy abbey, but was almost wholly destroyed at the Dissolution. The churchyard, however, is entered by a Norman gateway, and there survives also a magnificent isolated bell-tower dating from 1533, of the best ornate Perpendicular workmanship. The abbey walls surround the churchyard, but almost the only other remnant is a single Decorated arch. Close to the bell-tower, however, are the two parish churches of St Lawrence and of All Saints, the former of the 16th century, the latter containing Early English work, and the ornate chapel of Abbot Lichfield, who erected the bell-tower. Other buildings include an Elizabethan town hall, the grammar school, founded by Abbot Lichfield, and the picturesque almonry. The borough includes the parish of Bengeworth St Peter, on the left bank of the river. Evesham is governed by a mayor, 4 aldermen and 12 councillors. Area, 2265 acres.

Evesham (_Homme_, _Ethomme_) grew up around the Benedictine abbey, and had evidently become of some importance as a trading centre in 1055, when Edward the Confessor gave it a market and the privileges of a commercial town. It is uncertain when the town first became a borough, but the Domesday statement that the men paid 20s. may indicate the existence of a more or less organized body of tradesmen. Before 1482 the burgesses were holding the town at a fee farm rent of twenty marks, but the abbot still had practical control of the town, and his steward presided over the court at which the bailiffs were chosen. After the Dissolution the manor with the markets and fairs and other privileges was granted to Sir Philip Hoby, who increased his power over the town by persuading the burgesses to agree that, after they had nominated six candidates for the office of bailiff, the steward of the court instructed by him should indicate the two to be chosen. This privilege was contested by Queen Elizabeth, but when the case was taken before the court of the exchequer it was decided in favour of Sir Philip's heir, Sir Edward Hoby. In 1604 James I. granted the burgesses their first charter, but in the following year, by a second charter, he incorporated Evesham with the village of Bengeworth, and granted that the borough should be governed by a mayor and seven aldermen, to whom he gave the power of holding markets and fairs and several other privileges which had formerly belonged to the lord of the manor. Evesham received two later charters, but in 1688 that of 1605 was restored and still remains the governing charter of the borough. Evesham returned two members to parliament in 1295 and again in 1337, after which date the privilege lapsed until 1604. Its two members were reduced to one by the act of 1867, and the borough was disfranchised in 1885.

Evesham gave its name to the famous battle, fought on the 4th of August 1265, between the forces of Simon de Montfort, earl of Leicester, and the royalist army under Prince Edward. After a masterly campaign, in which the prince had succeeded in defeating Leicester in the valleys of the Severn and Usk, and had destroyed the forces of the younger Montfort at Kenilworth before he could effect a junction with the main body, the royalist forces approached Evesham in the morning of the 4th of August in time to intercept Leicester's march towards Kenilworth. Caught in the bend of the river Avon by the converging columns, and surrounded on all sides, the old earl attempted to cut his way out of the town to the northward. At first the fury of his assault forced back the superior numbers of the prince; but Simon's Welsh levies melted away and his enemies closed the last avenue of escape. The final struggle took place on Green Hill, a little to the north-west of the town, where the devoted friends of de Montfort formed a ring round their leader, and died with him. The spot is marked with an obelisk.

EVIDENCE (Lat. _evidentia_, _evideri_, to appear clearly), a term which may be defined briefly as denoting the facts presented to the mind of a person for the purpose of enabling him to decide a disputed question. Evidence in the widest sense includes all such facts, and reference may be made to the article LOGIC for the science or art of dealing with the proper way of drawing correct conclusions and the nature of proof. In a narrower sense, however, evidence includes in English law only such facts as are allowed to be so presented in the course of judicial proceedings. Thus we say that a fact is not evidence, meaning thereby that it is not admissible as evidence in accordance with the rules of English law. The law of legal evidence is part of the law of procedure. It determines the kinds of evidence which may be produced in judicial proceedings, and regulates the mode in which, and the conditions under which, evidence may be produced and tested.

History.

The English law of evidence is of comparatively modern growth. It enshrines certain maxims, some derived from Roman law, some invented by Coke, who, as J.B. Thayer says, "spawned Latin maxims freely." But for the most part it was built up by English judges in the course of the 18th century, and consists of this judge-made law, as modified by statutory enactments of the 19th century. Early Teutonic procedure knew nothing of evidence in the modern sense, just as it knew nothing of trials in the modern sense. What it knew was "proofs." There were two modes of proof, ordeals and oaths. Both were appeals to the supernatural. The judicial combat was a bilateral ordeal. Proof followed, instead of preceding, judgment. A judgment of the court, called by German writers the _Beweisurteil_, and by M.M. Bigelow the "medial judgment," awarded that one of the two litigants must prove his case, by his body in battle, or by a one-sided ordeal, or by an oath with oath-helpers, or by the oaths of witnesses. The court had no desire to hear or weigh conflicting testimony. To do so would have been to exercise critical faculties, which the court did not possess, and the exercise of which would have been foreign to the whole spirit of the age. The litigant upon whom the burden of furnishing proof was imposed had a certain task to perform. If he performed it, he won; if he failed, he lost. The number of oath-helpers varied in different cases, and was determined by the law or by the court. They were probably, at the outset, kinsmen, who would have had to take up the blood-feud. At a later stage they became witnesses to character. In the cases, comparatively rare, where the oaths of witnesses were admitted as proof, their oaths differed materially from the sworn testimony of modern courts. As a rule no one could testify to a fact unless, when the fact happened, he was solemnly "taken to witness." Then, when the witness was adduced, he came merely to swear to a set formula. He did not make a promissory oath to answer questions truly. He merely made an assertory oath in a prescribed form.

In the course of the 12th and 13th centuries the old formal accusatory procedure began to break down, and to be superseded by another form of procedure known as _inquisitio_, inquest, or _enquete_. Its decay was hastened by the decree of the fourth Lateran Council in 1215, which forbade ecclesiastics to take part in ordeals. The Norman administrative system introduced into England by the Conquest was familiar with a method of ascertaining and determining facts by means of a verdict, return or finding made on oath by a body of men drawn from the locality. The system may be traced to Carolingian, and even earlier, sources. Henry II., by instituting the grand assize and the four petty assizes, placed at the disposal of litigants in certain actions the opportunity of giving proof by the verdict of a sworn inquest of neighbours, proof "by the country." The system was gradually extended to other cases, criminal as well as civil. The verdict given was that of persons having a general, but not necessarily a particular, acquaintance with the persons, places and facts to which the inquiry related. It was, in fact, a finding by local popular opinion. Had the finding of such an inquest been treated as final and conclusive in criminal cases, English criminal procedure might, like the continental inquisition, the French _enquete_, have taken the path which, in the forcible language of Fortescue (_De laudibus_, &c.) "leads to hell" (_semita ipsa est ad gehennam_). Fortunately English criminal procedure took a different course. The spirit of the old accusatory procedure was applied to the new procedure by inquest. In serious cases the words of the jurors, the accusing jurors, were treated not as testimony, but as accusation, the new indictment was treated as corresponding to the old appeal, and the preliminary finding by the accusing jury had to be supplemented by the verdict of another jury. In course of time the second jury were required to base their findings not on their own knowledge, but on evidence submitted to them. Thus the modern system of inquiry by grand jury and trial by petty jury was gradually developed.

A few words may here be said about the parallel development of criminal procedure on the continent of Europe. The tendency in the 12th and 13th centuries to abolish the old formal methods of procedure, and to give the new procedure the name of inquisition or inquest, was not peculiar to England. Elsewhere the old procedure was breaking down at the same time, and for similar reasons. It was the great pope Innocent III., the pope of the fourth Lateran Council, who introduced the new inquisitorial procedure into the canon law. The procedure was applied to cases of heresy, and, as so applied, especially by the Dominicans, speedily assumed the features which made it infamous. "Every safeguard of innocence was abolished or disregarded; torture was freely used. Everything seems to have been done to secure a conviction." Yet, in spite of its monstrous defects, the inquisitorial procedure of the ecclesiastical courts, secret in its methods, unfair to the accused, having torture as an integral element, gradually forced its way into the temporal courts, and may almost be said to have been adopted by the common law of western Europe. In connexion with this inquisitorial procedure continental jurists elaborated a theory of evidence, or judicial proofs, which formed the subject of an extensive literature. Under the rules thus evolved full proof (_plena probatio_) was essential for conviction, in the absence of confession, and the standard of full proof was fixed so high that it was in most cases unattainable. It therefore became material to obtain confession by some means or other. The most effective means was torture, and thus torture became an essential feature in criminal procedure. The rules of evidence attempted to graduate the weight to be attached to different kinds of testimony and almost to estimate that weight in numerical terms. "Le parlement de Toulouse," said Voltaire, "a un usage tres singulier dans les preuves par temoins. On admet ailleurs des demi-preuves, ... mais a Toulouse on admet des quarts et des huitiemes de preuves." Modern continental procedure, as embodied in the most recent codes, has removed the worst features of inquisitorial procedure, and has shaken itself free from the trammels imposed by the old theory and technical rules of proof. But in this, as in other branches of law, France seems to have paid the penalty for having been first in the field with codification by lagging behind in material reforms. The French Code of Criminal Procedure was largely based on Colbert's Ordonnance of 1670, and though embodying some reforms, and since amended on certain points, still retains some of the features of the unreformed procedure which was condemned in the 18th century by Voltaire and the _philosophes_. Military procedure is in the rear of civil procedure, and the trial of Captain Dreyfus at Rennes in 1899 presented some interesting archaisms. Among these were the weight attached to the rank and position of witnesses as compared with the intrinsic character of their evidence, and the extraordinary importance attributed to confession even when made under suspicious circumstances and supported by flimsy evidence.

The history of criminal procedure in England has been traced by Sir James Stephen. The modern rules and practice as to evidence and witnesses in the common law courts, both in civil and in criminal cases, appear to have taken shape in the course of the 18th century. The first systematic treatise on the English law of evidence appears to have been written by Chief Baron Gilbert, who died in 1726, but whose _Law of Evidence_ was not published until 1761. In writing it he is said to have been much influenced by Locke.[1] It is highly praised by Blackstone as "a work which it is impossible to abstract or abridge without losing some beauty and destroying the charm of the whole"; but Bentham, who rarely agrees with Blackstone, speaks of it as running throughout "in the same strain of anility, garrulity, narrow-mindedness, absurdity, perpetual misrepresentation and indefatigable self-contradiction." In any case it remained the standard authority on the law of evidence throughout the remainder of the 18th century. Bentham wrote his _Rationale of Judicial Evidence, specially applied to English Practice_, at various times between the years 1802 and 1812. By this time he had lost the nervous and simple style of his youth, and required an editor to make him readable. His great interpreter, Dumont, condensed his views on evidence into the _Traite des preuves judiciaires_, which was published in 1823. The manuscript of the _Rationale_ was edited for English reading, and to a great extent rewritten, by J.S. Mill, and was published in five volumes in 1827. The book had a great effect both in England and on the continent. The English version, though crabbed and artificial in style, and unmeasured in its invective, is a storehouse of comments and criticisms on the principles of evidence and the practice of the courts, which are always shrewd and often profound. Bentham examined the practice of the courts by the light of practical utility. Starting from the principle that the object of judicial evidence is the discovery of truth, he condemned the rules which excluded some of the best sources of evidence. The most characteristic feature of the common-law rules of evidence was, as Bentham pointed out, and, indeed, still is, their exclusionary character. They excluded and prohibited the use of certain kinds of evidence which would be used in ordinary inquiries. In particular, they disqualified certain classes of witnesses on the ground of interest in the subject-matter of the inquiry, instead of treating the interest of the witness as a matter affecting his credibility. It was against this confusion between competency and credibility that Bentham directed his principal attack. He also attacked the system of paper evidence, evidence by means of affidavits instead of by oral testimony in court, which prevailed in the court of chancery, and in ecclesiastical courts. Subsequent legislation has endorsed his criticisms. The Judicature Acts have reduced the use of affidavits in chancery proceedings within reasonable limits. A series of acts of parliament have removed, step by step, almost all the disqualifications which formerly made certain witnesses incompetent to testify.

Before Bentham's work appeared, an act of 1814 had removed the incompetency of ratepayers as witnesses in certain cases relating to parishes. The Civil Procedure Act 1833 enacted that a witness should not be objected to as incompetent, solely on the ground that the verdict or judgment would be admissible in evidence for or against him. An act of 1840 removed some doubts as to the competency of ratepayers to give evidence in matters relating to their parish. The Evidence Act 1843 enacted broadly that witnesses should not be excluded from giving evidence by reason of incapacity from crime or interest. The Evidence